This Agreement contains the Terms and Conditions of applying for and becoming a Unique Card Services™ Account Member. This Agreement also governs the Terms and Conditions of your access and/or use of the Unique Card Services™ website located at www.uniquecardservices.com and any affiliated website (the "Website").
BY APPLYING FOR, ACCESSING, AND/OR USING THE UNIQUE CARD SERVICES™ MERCHANDISE SHOPPING ACCOUNT (THE "ACCOUNT" OR "CHARGE ACCOUNT"), THE WEBSITE, AND/OR OUR SERVICES (THE "SERVICES" AS HEREINAFTER DEFINED), YOU AGREE TO COMPLY WITH, AND BE BOUND BY, THIS AGREEMENT AND ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE ACCOUNT, THE WEBSITE, AND/OR OUR SERVICES IN ANY MANNER OR FORM, WHATSOEVER. PLEASE REVIEW THIS AGREEMENT CAREFULLY.
NOTICE TO AUTHORIZED MEMBERS/ ACCOUNT HOLDERS:
(A) DO NOT USE YOUR ACCOUNT, THE WEBSITE, OR OUR SERVICES UNTIL YOU READ THIS AGREEMENT CAREFULLY.
(B) UNIQUE CARD SERVICES™ MERCHANDISE SHOPPING ACCOUNTS ARE A LINE OF CREDIT THAT CAN BE USED BY THE ACCOUNT HOLDER TO SHOP EXCLUSIVELY AT THE MYUNIQUE OUTLET SHOPPING CLUB (www.myuniqueoutlet.com). THERE ARE NO DOWN PAYMENT REQUIREMENTS FOR SHOPPING CLUB PURCHASES. UNIQUE CARD SERVICES™ MERCHANDISE SHOPPING ACCOUNTS 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 $19.95 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 BANK ACCOUNT UNTIL CANCELLED BY YOU. YOU MAY CANCEL YOUR UNIQUE CARD SERVICES™ MEMBERSHIP AT ANY TIME PER SECTIONS 17 AND 18 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 POSSESSES A VALID AND ACTIVE U.S. CREDIT CARD, DEBIT CARD, OR CHECKING OR SAVINGS BANK ACCOUNT. MEMBERSHIP IS NOT AVAILABLE TO RESIDENTS OF WISCONSIN, VERMONT AND INDIANA.
(G) UNIQUE CARD SERVICES™ IS NOT A CREDIT SERVICES ORGANIZATION, FINANCIAL OR BANKING INSTITUTION, OR INSURANCE COMPANY; NOR IS IT AFFILIATED WITH ANY SUCH ORGANIZATION, INSTITUTION, OR 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.
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Interest Rates and Interest Charges |
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Annual Percentage Rate (APR) for purchases |
0.00% |
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Variable Rate Information |
N/A |
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Grace Period for Repayment of Balances for Purchases |
N/A |
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Method of Computing the Balance for Purchases |
N/A |
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Disclosure of Costs, Fees, and Rates |
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NSF Check Fee |
Up to $30.00 |
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Cancellation Fee |
None |
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Late Payment Fee |
Up to $10.00 |
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Processing Fees |
N/A |
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Total of payments |
Equal to the purchase cost of all goods purchased by the Account Holder. |
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Total sale price |
Equal to the purchase cost of all goods purchased by the Account Holder. |
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Prepayment |
No penalties for prepayment. |
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Fee for returned checks or debits, second NSF |
Up to $30.00 |
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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. |
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Monthly Membership/ |
Upon account activation, an Account Holder receives a credit line for use exclusively at the MyUnique Outlet Shopping Club website (www.myuniqueoutlet.com) and becomes enrolled in the monthly membership benefit plan (click here for program benefits). The cost to activate an account is an initial charge of $19.95 which represents the first month’s membership fee. To maintain one’s account and plan enrollment, a monthly membership fee of $19.95 is charged every thirty (30) days thereafter. All charges appear as "Unique Card Services." The monthly charge continues until the membership is cancelled by calling Member Services at 1-888-805-7648, on Monday through Friday, between 9:00 a.m. and 5:00 p.m. EST, holidays excluded, or sending an email message to memberservices@uniquecardservices.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. |
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Shipping and Processing Fees |
Shipping and processing fees for any purchased product are required to be paid in full by the Account Holder prior to items being shipped. Shipping and processing fees are non-refundable. |
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Product Refunds/Order Limitations |
Merchandise return policies and instructions are explained on the product order forms and/or at the MyUnique Outlet Shopping Club website (www.myuniqueoutlet.com). Orders may be subject to item quantity per order limitations, and all orders are subject to quantity restrictions. |
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For Tips from the Consumer Financial Protection Bureau: |
To learn more about factors to consider when applying for or using any extension of credit or similar product, visit the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore/. |
This Agreement contains information about the Unique Card Services™ Shopping Club Program and monthly membership benefit plan and explains the terms by which you agree to be bound. In this Agreement, the words "I", "my", "me," "you," "your," and "Account Member," and Account Holder" mean you as the Account Member or Account Holder; the words "we" or "the Company" mean Renown Holdings, Inc., t/d/b/a Unique Card Services™, located in Hopwood, Pennsylvania; and the words "Charge Account" or "Account" mean the Unique Card ServicesTM Merchandise Shopping Account. The Company reserves the right to substitute the name of the Charge Account with another name, but with all of the same rights and privileges of the Unique Card Services™ Merchandise Shopping Account.
This Agreement describes the Terms and Conditions under which your membership in the Unique Card Services™ Shopping Club Program and monthly membership benefit plan is granted. By accessing the Website, 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 the Company in your application is true and accurate. You understand that your use of the Charge Account and Services constitutes your acceptance and agreement to comply with and be bound by the Terms and Conditions of this Agreement. You understand that your membership in the Unique Card Services™ Shopping Club Program and monthly membership benefit plan is being issued with no credit check or investigation, and that the Minimum Monthly Payment (as hereinafter defined) 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 Electronic Signatures in Global and National Commerce Act (HR-1714) provides that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By completing the online application, 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.
Unique Card ServicesTM strives to provide exceptional customer service. If you feel you are entitled to a refund, would like to cancel your enrollment, or have any other issue which requires our attention, we encourage you to call Member Services at 1-888-805-7648, on Monday through Friday, between 9:00 a.m. and 5:00 p.m. EST, holidays excluded.
1. ACCEPTANCE OF AGREEMENT:
This Agreement and the Website 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 Website, 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 Website, and you should review this Agreement prior to each use of the Website, the Services, and/or your Account. By your continued use of the Website, 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 the Company, Renown Holdings, Inc., t/d/b/a Unique Card Services™.
Unique Card Services™ is an online merchandise shopping service. After obtaining an Account, you can make purchases of select items available at or through the Company’s MyUnique Outlet Shopping Club website (www.myuniqueoutlet.com). Your Account is solely a line of credit that can be used by you to shop exclusively at the MyUnique Outlet Shopping Club website. Your Account is not a Visa®, MasterCard®, or other credit/debit card, and your Account cannot be used at any other website or shopping club.
Unique Card Services™ is not a credit services organization, financial or banking institution, or insurance company. Nor is Unique Card Services™ a credit repair service. Unique Card Services™ does not facilitate, nor 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.
3. HOW IT WORKS:
Upon membership activation, an Account Member will receive various benefits as well as a merchandise credit line to use exclusively on purchases available through the MyUnique Outlet Shopping Club website (www.myuniqueoutlet.com). Your Account will not work at any other website or shopping club. Due to the lack of restrictions associated with obtaining a membership, there are nominal shipping and handling fees required for each purchase.
4. APPLICATION PROCESS:
A membership in the Unique Card Services™ Shopping Club Program and monthly membership benefit plan may be obtained by any individual, 18 years of age or older, who is a U.S. citizen or permanent resident with no undischarged bankruptcies and who possesses a valid and active U.S. credit card, debit card, or checking or savings bank account. There are no credit checks, income requirements, or employment requirements to obtain a membership. There are also no restrictions applicable to those with past bankruptcy history. Membership is not available to residents of Wisconsin, Vermont, and Indiana.
To obtain a membership, 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.
By submitting an application, you represent that we may rely on your submitted Application Data as accurate, current, and complete. You also 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 membership and 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 a membership or 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 MyUnique Outlet Shopping Club (www.myuniqueoutlet.com) and the Services.
6. RETURNED AND NSF CREDIT/DEBIT PAYMENTS:
If any Automated Clearing House ("ACH") or Remotely Created Check ("RCC") debit request for any fee associated with your Account is returned due to non-sufficient or insufficient funds, then Unique Card Services™ may attempt to collect those amounts by automatically resubmitting or presenting your credit/debit authorization to your original banking institution, and you authorize the debiting of your debit/credit account for such amounts. Any subsequent debit attempts by Unique Card Services™ will not exceed the original fee amount. 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. AVAILABLE CREDIT AND ITEMIZATION:
Upon activation, your Account will be issued with a starting credit limit equal to the value of the Account Holder’s open balance which is indicated on the Account Activation Form and/or monthly statement. You agree not to exceed the credit limit that we establish for you. If you request a transaction that would exceed the credit limit, we may decline it or we may allow the transaction without increasing your credit limit. You will be obligated to pay any amount in excess of your credit limit in accordance with the terms of this Agreement. We reserve the right to delay an immediate increase in available credit due to a payment(s) made on your Account. We may increase or reduce your credit limit, or suspend or terminate your Account, at any time with or without cause. We will provide notice to you to the extent required by applicable law.
8. MONTHLY MEMBERSHIP/BENEFIT PLAN AND SERVICES:
Upon Account activation, a Member becomes automatically enrolled in the Company’s monthly membership benefit plan. Monthly membership includes an unsecured credit line for use exclusively at the MyUnique Outlet Shopping Club (www.myuniqueoutlet.com) and access to the following Services: Unique RX Prescription Discounts; Roadside Assistance; Legal Assistance; and Unique Rewards. More details about each of these Services is available here.
Your access to the credit line and the Services will be granted upon confirmation of your identity and verification of Company’s receipt of your initial payment of the $19.95 monthly Membership Fee. Every thirty (30) days thereafter, Company will charge your credit/debit card a monthly membership fee of $19.95 for so long as you maintain your membership. You understand you may cancel your membership at any time by following the procedures outlined in Sections 17 and 18 of these Terms and Conditions.
Access to member benefits, including without limitation the Services, is restricted to only the Account Holder of the Account and includes any User Agreement provided at the benefit’s enrollment site. Fraudulent use and access of benefits constitutes theft and will be prosecuted to the fullest extent of the law. Unique Card ServicesTM has the right to temporarily suspend or cancel your access to member benefits that have the appearance of fraudulent use. Also, fraudulent use or access of membership benefits constitutes a breach of this Agreement and entitles the Company to exercise any or all of the remedies sect forth in Section 15 of these Terms and Conditions. It is your responsibility to know your plan limitations. Upon reaching all or any single plan inclusion program limit within a 12-month period, access will be denied.
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. Obtaining or activating an Account with Unique Card ServicesTM does not guarantee aid in building or re-building credit.
11. MONTHLY BILLING FOR UNPAID AMOUNTS:
We will send you a Statement covering each billing cycle in which you have a balance (including deferred balances, if applicable), or if required by law. Billing cycles are approximately one month long. Each Statement will reflect: (a) the total amount you owed on the first day of your billing cycle (called the "previous balance"); (b) payments, credits, purchases, and all other charges made to your Account during the billing cycle; (c) the total amount you owed at the end of the billing cycle (called "new balance"); (d) the minimum payment you must make (called the "Minimum Monthly Payment" and as further defined in Section 13 of these Terms and Conditions); and (e) the date by which the Minimum Monthly Payment must be paid to avoid a late charge.
Your Account must be maintained on a current basis to make additional credit purchases and to receive additional Account Member benefits. Only Account Holders who are in good standing with their Accounts may make purchases at the MyUnique Outlet Shopping Club (www.myuniqueoutlet.com) and receive additional Account 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. On occasion, a product or products that you order may be out of stock from our suppliers. In that event, all pre-paid funds, for your convenience, will be automatically applied as a credit to your Account or refunded to the Account Holder, at the Company’s discretion.
13. MINIMUM MONTHLY PAYMENT/AUTOMATIC PAYMENT PLAN PAYMENT AMOUNT:
You promise to pay for (a) all credit extended by the Company to you to purchase merchandise; and (b) all shipping and processing fees, late fees, and all other charges provided in this Agreement or that you agree to pay. Your payment schedule will vary depending upon the purchase cost of all goods purchased by you and the amount and frequency of payments. You agree to pay at least the Minimum Monthly Payment (as hereinafter defined) 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 as provided in Section 14 of these Terms and Conditions.
All payments made by mail must be made by check or money order, following the instructions in this Agreement and on your Statement. You agree that we may return any payment you make, without applying the payment to your Account and without presentment or protest, for reasons including, but not limited to, that the check or money order: (1) is not drawn on the U.S. Post Office or a financial institution located in the United States; (2) is missing a signature; (3) is drawn with different numeric and written amounts; (4) contains a restrictive endorsement; (5) is post-dated; (6) is not payable to the Company or its assigns; (7) is not payable in U.S. dollars; or (8) is not paid upon presentment. If we accept a check payment made in U.S. dollars and drawn on a financial institution not located in the United States, you agree to pay any bank collection fees we incur. We can accept late or partial payments, or checks or money orders marked "Payment in Full" or otherwise restrictively endorsed, without losing any of our rights under this Agreement. All payments under this Agreement must be received at the address specified on your billing statement. Payments may also be made electronically on the web or phone, or by ACH payment from a checking or savings account. We may charge a processing fee for payments made by phone and when made with the assistance of a service representative of the Company for an expedited payment posted on the same day. The fee will be disclosed at the time you request to make the payment.
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. 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. The following chart explains the Minimum Monthly Payment calculation:
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Payment Chart |
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Account Balance |
Minimum Monthly Payment |
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From |
To |
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$0.00 |
$24.99 |
100% of Account Balance |
|
$25.00 |
$166.73 |
$25.00 |
|
$166.74 |
$1,500.00 |
15% of Account Balance |
By applying for an Account, you request and authorize the Company to automatically deduct from your credit/debit account the Minimum Monthly Payment due each statement or billing cycle. You may 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:
You understand and agree that you must maintain your Account in good standing by making at least the Minimum Monthly Payment by the due date. 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) your Account is delinquent (i.e., 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 is an enrollment fee of $19.95 enrollment fee. If the refund procedure of the initial enrollment fee is met (see "17. Cancellation and Refund Policy for Initial Enrollment"), the Company will refund the $19.95 enrollment fee in its entirety.
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 your enrollment approval. Accounts that are cancelled beyond thirty (30) days from enrollment approval are not eligible for a refund of the initial $19.95 enrollment fee.
To receive a refund of the initial $19.95 enrollment fee, you must call Member Services at 1-888-805-7648, on Monday through Friday, between 9:00 a.m. and 5:00 p.m. EST, holidays excluded, during the 30-day cancellation period. You may also send an email message to Member Services at memberservices@uniquecardservices.com during the 30-day cancellation period. 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.
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 Member Services at 1-888-805-7648, on Monday through Friday, between 9:00 a.m. and 5:00 p.m. EST, holidays excluded, or by sending an email message to Member Services at memberservices@uniquecardservices.com. 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, SHIPPING FEES, AND RETURNS:
All Account Holders will be required at the time of any placed 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 and must be paid in full prior to the items being shipped.
Orders cannot be shipped to addresses other than what is listed on your Account. It is your responsibility to ensure that the address listed in your Account can accept delivery of merchandise. Unique Card ServicesTM is not responsible for retuned shipments due to non-delivery for any reason. Items subsequently requiring re-shipment will be recharged a shipping fee, plus any applicable handling fees.
By purchasing items from the MyUnique Outlet Shopping Club (www.myuniqueoutlet.com), an Account Holder fully understands and agrees to all policies. Merchandise return policies and instructions are explained on the product order forms and/or on the MyUnique Outlet Shopping Club website.
Unique Card ServicesTM reserves the right to limit item quantities per order. Also, all orders are subject to quantity restrictions. Additional shipping and handling costs may apply depending on the Account Holder’s location.
20. AUTOMATIC RENEWAL; COMPANY’S CANCELLATION RIGHTS:
Your membership in the Unique Card Services™ Shopping Club Program and monthly membership benefit planwill 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 membership and may demand payment in full of the entire Account balance due, if you default on this Agreement. In the event the Company cancels your membership, 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, 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 you believe your 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.
22. SECURITY INTEREST:
The Company, to the extent legally permissible, retains a security interest in all merchandise charged on your Account until the balance is paid in full.
23. APPLICABLE LAW:
This Agreement shall be treated as though it were executed and performed in Hopwood, Fayette County, 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). Moreover, by using or visiting the Website, you are transmitting data to a server located in the United States; accordingly, you are subjecting yourself to the laws of the Commonwealth of Pennsylvania and, where applicable, the United States. Further, by sending any such data and other information to the Website, you agree to be bound by not only these Terms and Conditions but also the laws of Commonwealth of Pennsylvania and, where applicable, the United States.
24. AUTHORIZED USE/LICENSE GRANT/PROPRIETARY RIGHTS:
The Website, the MyUnique Outlet Shopping Club website, the Services, and the Unique Card ServicesTM Shopping Club program are available only to individuals who can enter into legally binding contracts under applicable law. If you cannot enter into legally binding contracts under applicable law, you do not have authorization to access or use the Website, the MyUnique Outlet Shopping Club website, the Services, and the Unique Card ServicesTM Shopping Club program in any manner whatsoever.
If you are a visitor to the Website or the MyUnique Outlet Shopping Club website ("Visitor"), you may use these sites in order to both (a) obtain information about Unique Card Services™, the Unique Card ServicesTM Shopping Club program, and/or the Services, and (b) apply for an Account. Visitors are not authorized to access any content and/or data available to those individuals that are Account Holders.
As a Visitor or a Account Holder, you are granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Website and the MyUnique Outlet Shopping Club website (and their associated content), the Services, and/or an Account in accordance with this Agreement. The Company may terminate this license at any time for any reason. You may use the Website and the MyUnique Outlet Shopping Club website (and their associated content), the Services, and/or an Account on one computer for your own personal, non-commercial use. No part of the Website and the MyUnique Outlet Shopping Club website (and their associated content), the Services, and/or an Account may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and the MyUnique Outlet Shopping Club website (and their associated content), the Services, and/or an Account, and/or any portion thereof. The Company reserves any rights not explicitly granted in this Agreement.
As a Visitor or a Account Holder, you may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website and the MyUnique Outlet Shopping Club website (and their associated content), the Services, and/or an Account. You may not take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure. Your right to use the Website and the MyUnique Outlet Shopping Club website (and their associated content), the Services, and/or an Account, including, without limitation, your Login, is non-transferable. Access to, and use of, your Account and the Service is made through your Login information. Your Login must be kept strictly confidential. For security reasons, the Company will not release passwords for any reason, other than to the applicable Account holder, except as may be specifically required by law or court order. Unauthorized access to the Website and the MyUnique Outlet Shopping Club website (and their associated content), the Services and/or an Account is a breach of this Agreement and a violation of applicable law.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website, the MyUnique Outlet Shopping Club website, 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 a Visitor or a Account Holder of any part of the Website, the MyUnique Outlet Shopping Club website, the Services, and/or your Account are strictly prohibited. By accessing or using the Website, the MyUnique Outlet Shopping Club website, 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 this Web site, the MyUnique Outlet Shopping Club website, the Services, and/or your Account. The Company’s posting of information or material at the Website, the MyUnique Outlet Shopping Club website, the Services, and/or your Account does not constitute a waiver of any right held by the Company in such information and/or materials.
25. PRIVACY POLICY:
Use of the Website, the MyUnique Outlet Shopping Club website, 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 Website, the MyUnique Outlet Shopping Club website, 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.
26. INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless the Company, its owners, and each of its respective officers, partners, members, employees, agents and attorneys, and affiliates (each a "Covered Party"), 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 Website, the MyUnique Outlet Shopping Club website, 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 a Charge Account, 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 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 Account Holder to the Company and the Account Holder 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, other member benefits, and/or special promotions/programs are subject to you maintaining 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.
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 any of the information or other content appearing on the Website and/or the MyUnique Outlet Shopping Club website, and/or involving the Services and/or your Account. To find out what may have changed, write to the Company at Unique Card Services, PO Box 757, Hopwood, PA 15445. If the Account Holder does not agree with any changes that have been, the Account Holder may close their Account without incurring any penalty. Please note that the Account Holder will be responsible for paying all outstanding balances in the event they close their Account.
31. COMMUNICATIONS/EQUIPMENT:
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.
You shall be responsible for obtaining and maintaining all telephone, computer hardware, and any other equipment needed to access and/or use the Website, the MyUnique Outlet Shopping Club website, the Services and/or your Account, as well as any and all charges related thereto. All Account Holders are responsible for maintaining a valid email address on or for their account, and failure to maintain a valid email address shall be a default of this Agreement, entitling the Company to exercise the rights and remedies provided in Section 15 of these Terms and Conditions.
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 Unique Card ServicesTM Shopping Club program is independent of and in addition to your rights to free disclosure of your credit report under the Fair Credit Reporting Act.
33. STATE AND OTHER 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.
PROTECTIONS UNDER THE MILITARY LENDING ACT: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent (a "Covered Borrower") may not exceed an annual percentage rate of 36 percent. We do not charge interest or an application fee, and any monthly membership fee we charge on an annual percentage rate does not exceed 36 percent.
You are a Covered Borrower if at the time of establishing your membership, you are an active duty service member or an active Guard or Reserve duty member, or you are a qualifying dependent of that member. If you are a Covered Borrower, the provisions of this Agreement relating to arbitration do not apply. Also, if you are a Covered Borrower, you may obtain information about your Account, including information about the payment obligation, by calling Member Services at 1-888-805-7648, on Monday through Friday, between 9:00 a.m. and 5:00 p.m. EST, holidays excluded.
34. DISCLAIMERS AND LIMITATIONS/THIRD-PARTY WEBSITES:
THE WEBSITE, THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE, THE SERVICES, YOUR ACCOUNT, AND ANY MERCHANDISE OBTAINED THROUGH YOUR ACCOUNT AND/OR THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE 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 WEBSITE, THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE, THE SERVICES, YOUR ACCOUNT, AND ANY MERCHANDISE OBTAINED THROUGH YOUR ACCOUNT AND/OR THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE 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 WEBSITE, THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE, THE SERVICES, YOUR ACCOUNT, AND ANY MERCHANDISE OBTAINED THROUGH YOUR ACCOUNT AND/OR THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE. 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 DAMAGE FOR LOSS OF BUSINESS; LOSS OF PROFITS; DAMAGE TO REPUTATION OR GOODWILL; DEGRADATION IN VALUE OF BRANDS; INFRINGEMENT OF TRADE NAMES, TRADEMARKS, SERVICE NAMES, OR SERVICE MARKS; LITIGATION OR ATTORNEYS’ FEES AND COSTS; OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT 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 WEBSITE, THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE, THE SERVICES, YOUR ACCOUNT, AND ANY MERCHANDISE OBTAINED THROUGH YOUR ACCOUNT AND/OR THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE 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 WEBSITE, THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE, THE SERVICES, YOUR ACCOUNT, AND ANY MERCHANDISE OBTAINED THROUGH YOUR ACCOUNT AND/OR THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE 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 WEBSITE, THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE, AND/OR THROUGH THE USE OF THE UNIQUE CARD SERVICES™ SHOPPING CARD ACCOUNT IS DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED, OBTAINED, OR OTHERWISE ACCESSED THROUGH THE USE OF THE WEBSITE, THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE, 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 WEBSITEOBTAINED THROUGH YOUR ACCOUNT AND/OR THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE. 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 WEBSITE, THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE, THE SERVICES, AND/OR YOUR ACCOUNT.
THE WEBSITE AND THE MYUNIQUE OUTLET SHOPPING CLUB WEBSITE MAY PROVIDE, AND/OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER INTERNET WEBSITES AND/OR RESOURCES. BECAUSE THE COMPANY HAS NO CONTROL OVER SUCH THIRD PARTY WEBSITES AND/OR RESOURCES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNIQUE CARD SERVICES™ IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH THIRD PARTY WEBSITES AND/OR RESOURCES. FURTHERMORE, UNIQUE CARD SERVICES™ DOES NOT ENDORSE, AND IS NOT RESPONSIBLE OR LIABLE FOR, ANY TERMS AND CONDITIONS, PRIVACY POLICIES, CONTENT, ADVERTISING, PRODUCTS, AND/OR OTHER MATERIALS AT OR AVAILABLE FROM SUCH THIRD PARTY WEBSITES OR RESOURCES, OR FOR ANY DAMAGES AND/OR LOSSES ARISING THEREFROM.
35. BILLING RIGHTS:
This notice contains important information about your rights and the Company’s responsibilities under the Fair Credit Billing Act.
If a Account Holder thinks a bill is wrong, or if a Account Holder needs more information about a transaction on a bill, the Account Holder will write the Company, on a separate sheet of paper, at the address listed on the Account Holder’s bill. The Account Holder must write to the Company as soon as possible. The Company must hear from the Account Holder no later than 60 days after the Company sent the Account Holder’s first bill on which the error or problem appeared. The Account Holder may telephone the Company, but doing so will not preserve the Account Holder’s rights. In the letter, the Account Holder should provide the following information: 1) The Account Holder’s name and Account number. 2) The dollar amount of the suspected error. 3) A Description of the error and explanation of why the Account Holder believes there is an error. If the Account Holder needs more information, the Account Holder should describe the item the Account Holder is not sure about.
The Account Holder’s Rights and The Company’s Responsibilities After The Company Receives The Account Holder’s Written Notice.
The Company must acknowledge the Account Holder’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 Account Holder’s letter, the Company cannot attempt to collect any amount the Account Holder questioned or report the Account Holder as delinquent. The Company may continue to bill the Account Holder for the amount the Account Holder questioned, and the Company may apply any amount the Company questions against the Account Holder’s credit limit. The Account Holder does not have to pay any questioned amount while the Company is investigating, but the Account Holder 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 Account Holder owes and the date that it is due. If the Account Holder fails to pay the amount that the Company thinks the Account Holder owes, the Company may report the Account Holder as delinquent. However, if the Company’s explanation does not satisfy the Account Holder, and the Account Holder writes the Company within 10 days telling the Company that the Account Holder still refuses to pay, the Company must tell anyone the Company reports the Account Holder to that the Account Holder has a question about a bill. In addition, the Company must tell the Account Holder 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 Account Holder’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. 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, 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 (a) your Account or membership in the Unique Card Services™ Shopping Club, and/or (b) your application, use, and/or access of the Website, the MyUnique Outlet Shopping Club website, the Services, your Account, and any Merchandise purchased or obtained through your Account and/or the MyUnique Outlet Shopping Club Website (collectively, a "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, warranty, tort (including negligence, intentional tort), fraud, product or strict liability, agency, 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. The prevailing party in the arbitration will be entitled to a reimbursement of any fees paid by that party 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 AFTERYOU RECEIVE WRITTEN ACKNOWLEDGMENT OF YOUR ENROLLMENT APPROVAL. 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:
This Agreement cannot be changed orally. 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: January 26, 2022