GENERAL:
This Agreement ("Agreement")
governs the use of your BuyRight Platinum Membership account (your "Account").
Please read and keep this Agreement for your records. In this Agreement
and in your billing statement ("Statement"), "we", "us", and "our"
refer to BuyRight and iBusinesses.com, LLC, 106 Park Place, 2nd Floor,
Covington, LA 70433, our assignees, or other holders of this Agreement
or your Account. "You" and "your" refer to all persons who are approved
by us to use the Account. "Card" refers to your BuyRight Platinum Membership.
The effective date ("Effective Date") of this Agreement will be the
date you submit an Account application that is approved by us.
You may use your
Card to make Purchases on credit from time to time under your Account,
up to any credit limit we may establish for your Account (your "Credit
Limit"). ALL PURCHASES REQUIRE A DOWN PAYMENT. The balance
may then be charged to the credit card account established by BuyRight.com
providing your account is good standing and has sufficient credit
available. The gift certificate provided with the membership package
is for use on the BuyRight Membership account balances only, and
may not be used for any required down payment. Down payment may
be made only by check or certified funds.
You certify that
you are at least 18 years of age and all information given to us
in order to obtain this membership account is true and correct. You
understand that, as a new member, your account is being issued
with No Credit Check, or Investigations and will not accrue any
interest charges. As a result of this, you will be required to make
a down payment towards your merchandise purchases (between 25-50%)
from BuyRight authorized catalogs and web site until you have demonstrated
that you will make the minimum monthly payments in a timely manner.
You may request, at any time, that a reduced down payment status
be considered. We will consider your requests and notify you in
writing of any down payment reduction. Your continued activity and
on-time payments to your account may entitle you to further down
payment reductions until you reach a no down payment status. You
understand that as part of the application and approval process
to determine eligibility for accelerated reduced down payments,
you may be subject to a credit check and may be asked to provide
additional information about myself at the time you submit the completed
application.
CHARGE PURCHASES AND
MONTHLY BILLING:
You will be billed
for the minimum amount due each month for charges made to your account.
Your account must be maintained on a current basis to make additional
credit purchases.
APPLICATION OF PAYMENTS
RECEIVED:
Payments received
will be applied first to any unpaid late fees or returned check fees,
then to any unpaid balances. Payments are applied toward purchases
in the same order they were made, older purchases first.
MINIMUM MONTHLY PAYMENT:
The minimum monthly
payment which must be paid every month that there is an outstanding
balance is figured by finding the greater of $10 or 5% of the Account
Balance owed immediately following any purchase made to your Account.
THE MINIMUM MONTHLY PAYMENT DOES NOT AUTOMATICALLY REDUCE AS YOUR
ACCOUNT BALANCE REDUCES. Should your new balance be less than
$10.00, the payment due will be the amount of the new Balance.
PROMISE TO PAY:
When you submit
your Application for this Account, you agree to be bound by this Agreement.
You promise to pay us for all credit that we extend on your Account
for purchases (including mail, Internet, catalog and phone orders,
if any) of goods or services ("Purchase(s)") and all other amounts
owed to us under the terms of this Agreement. All payments must be
received on or before the due date indicated on the billing statement,
or a $20 late fee will be assessed and your account will be considered
delinquent.
TERMINATION/CHANGE
IN TERMS:
You may at any time
terminate this Agreement. We may, at any time and subject to applicable
law: (a) terminate this Agreement; (b) terminate your
right to make future Purchases; (c) change your Credit Limit;
or (d) change or delete any term or condition of, or add new
terms to, this Agreement relating to your Account. Unless prohibited
by applicable law, we may apply any changed or new terms to any outstanding
balance of your Account on the effective date of the change and to
any future balances created after that date. When required by applicable
law, we will mail a notice of any change(s) or addition(s) to you.
Upon any termination of this Agreement you will continue to be obligated
to pay all amounts owing under, and to otherwise perform the terms
and conditions of, this Agreement.
DEFAULT:
Subject to the limitations
of applicable law, we may declare that you are in default under this
Agreement if you (a) fail to make at least the Minimum Payment
when due; (b) violate any other term of this Agreement; or
(c) become the subject of a bankruptcy or insolvency proceeding.
After your default or your death, and subject to the limitations of
applicable law, we have the right to: (i) reduce your Credit
Limit; (ii) terminate your Account, in which case the terms
of this Agreement will apply until full payment is received of the
amount owing on your Account; (iii) require immediate payment
of your entire Account balance, including all fees and other charges
listed in this Agreement; (iv) bring an action to collect all
amounts owed; and (v) take any action allowed by law. If, after
your default, we refer your Account for collection to an attorney
who is not our salaried employee, we may, to the extent permitted
by applicable law, charge and collect from you our collection costs,
including court costs and reasonable attorneys' fees.
NO WAIVER BY US:
We reserve the right,
at any time and in our sole discretion, not to impose part or all
of any fee or other amount imposed pursuant to this Agreement or not
to exercise any of our other rights under this Agreement and, should
we do so, we will not waive our right to impose such fee or other
amount or exercise the right as set forth in this Agreement in the
future. Without limiting the foregoing, we may, at our option: (a)
accept late or partial payments or checks or money orders marked "payment
in full" or tendered with other conditions or limitations, (b)
agree to extend the due date of any payment due under this Agreement
for any length of time, (c) release any security interest we
have in connection with this Agreement, and/or (d) release
any other person responsible under this Agreement, without notifying
you and without releasing you from your obligation to pay all amounts
owing under this Agreement in full, or to otherwise perform the terms
and conditions of this Agreement.
CHANGE OF ADDRESS:
You agree to notify
us promptly if you change your address. Until we are notified that
your address has changed, we will continue to send Statements and
other notices to the last address we maintained on your Account. You
agree that when we are notified that you have a new address, the terms
of this Agreement specifically applicable to the residents of your
new state of residence will apply to the entire balance of your Account.
If your Account is a joint Account, each of you appoints the other(s)
as your agent to designate the address to which the Statement (and
any other notices) may be sent to you by us.
REFUND OF CARD MEMBERSHIP
PACKAGE:
You have thirty
(30) days from the date you receive your BuyRight Platinum Membership
Package to return it for a refund of the one-time membership fee.
To receive a refund of the membership fee, you must return the entire
BuyRight Platinum Membership Package via certified mail to: BuyRight.com,
106 Park Place, 2nd Floor, Covington, LA 70433. No refunds will be
given if: (1) we receive your returned membership package in our office
after the thirty (30) day period as stated above; (2) you utilize any
portion of the membership package, or its products or services; (3) if your package is returned to us as being refused. NOTE:
If you have made a charge to your credit account and request a refund
of your platinum membership fee all within the thirty (30) day period,
any unpaid balance owed to your account will be deducted from the
refund amount you will receive. IMPORTANT: Merchandise return
policy and instructions are explained in the product catalogs and/or
the BuyRight Platinum Membership Package.
CANCELLATION OF ACCOUNT:
BuyRight, at its
sole discretion, may cancel this Agreement, and may demand payment
in full of the entire balance due if you default on this contract
and after compliance with applicable law. The cancellation of your
Account by BuyRight, will in no way affect your liability for credit
previously granted.
NOTICES:
By responding to this offer you are authorizing us to obtain credit
reports about you, both now and in the future, for any legitimate
business purpose associated with the account or request for an account,
including but not limited to reviewing, modifying, renewing or collection
on your account. We have the right to change or amend the terms
of this agreement, including changes that affect existing balances,
finance charges, or APRs. Any changed or amended fee, charge, interest
rate, finance charge, APR, or minimum payment amount, whether increased
or decreased, shall be effective to both the outstanding account
balance and future transactions.
STATE NOTICES:
CALIFORNIA RESIDENTS:
A married applicant may apply for a separate account. As required
by law, you are hereby notified that a negative credit reporting reflecting
on your credit record may be submitted to a credit reporting agency
if you fail to fulfill the terms of your credit obligations. After
credit application, each applicant shall have the right to use the
credit line account up to the limit of the account. Each applicant
may be liable for amounts extended under the plan to any joint applicant.
KENTUCKY RESIDENTS:
You may pay the unpaid balance of your account in whole or in part
at any time.
FLORIDA RESIDENTS:
You (borrower) agree that, should we obtain a judgment against you,
a portion or your disposable earnings may be attached or garnished
(paid to us by your employer), as provided by Florida and Federal
law.
MAINE RESIDENTS:
We may request a consumer report in connection with your request
for a credit line increase or to be considered for any additional
BuyRight.com credit Products. You may ask whether we obtained a consumer
report and we will tell you the name of address of the consumer-reporting
agency, if a report was obtained.
NEW YORK RESIDENTS:
Consumer reports may be requested in connection with the processing
of this application and any resulting account. Upon your request,
we will inform you of the names and addresses of any consumer reporting
agencies which have provided us with such reports. New York residents
may contact the New York State Banking Department to obtain a comparative
list of credit card rates fees and grace periods. New York State Banking
Department, 1-800-518-8866.
OHIO RESIDENTS:
The Ohio laws against discrimination requires that all creditors make
credit equally available to all credit worthy customers, and that
credit reporting agencies maintain separate credit histories on each
individual upon request. The Ohio Civil Rights Commission administers
compliance to this law.
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. |