|
This Document contains the Purchase Agreement and the Terms and Conditions of becoming an Investor Technologies customer
BY ACCESSING AND/OR USING THE INVESTOR TECHNOLOGIES WEBSITE (THE "WEBSITE") AND/OR OUR PRODUCTS (THE "SERVICE"), YOU AGREE TO COMPLY WITH, AND BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT").
PURCHASE AGREEMENT
Notice -- Read This
WHEN YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the website or its owners, hereafter "SELLER," and you, the prospective purchaser, hereafter "BUYER". Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as "THIRD PARTY OR THIRD PARTIES." The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is a product, service, or membership described in promotional or sales materials on this website and/or in an email referencing this website, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the product, service or membership that is the subject matter of this Purchase Agreement. This bundle of offerings, including additional items promoted on the order page, shall, together, be termed 'product' throughout this agreement but the word 'product' shall mean all elements offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional materials.
REFUND POLICY
The product referenced herein is sold with the following refund policy: While Seller does not take any liability for the actions of any of the retailers or finance companies whose guaranteed credit applications are included with most of Seller's informational products, Seller does guarantee that said retailers or finance companies are subscribers of the major credit bureaus. Seller does not guarantee in any way, shape or form, however, that the credit bureaus will report any information submitted by their subscribers or data furnishers. Investor Technologies will not be help liable in any capacity whatsoever for the credit bureaus decision not to report any information submitted to them by any retailers or finance companies for which applications may be included. All products are sold AS-IS and there will be no refunds issued.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for this product that the Seller requires as the total price of the product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from the Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the instant product or any other product or service. Buyer agrees to post-sale contact from joint venture partners of the Seller or from others who have a commercial relationship with the Seller. Buyer agrees that all personal information about the buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database and agrees that this information may be shared, rented or sold to third parties. However, Buyer shall at all times be fully empowered to sever contact with the Seller by notification using the 'unsubscribe' link in solicitations. Moreover, the Buyer retains the right to refuse specific contact with some third party solicitors and maintain it with others. The Buyer retains the right to have his or her name removed from a general solicitation database. The Buyer's agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer. The burden is on the Buyer to prove that such communication was made to and received by the person making contact. Buyer agrees that Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred by the Seller. Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he retains all rights to directly restrict communication or solicitation from any party including the Seller.
The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.
The Buyer understands that cookies may be placed on his or her hard drive that will provide information to the Seller and which are necessary for delivering an e- product and which will be able to determine if you retain the right to access the product. Buyer understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with the Seller's computer and thereby transmit and receive information.
Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties are collected at the point of sale by the Seller, the Buyer remains responsible for payment of custom duties and taxes at the time the product is received. If it should happen that the Seller's courier or freight account is charged for custom duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby authorizes the Seller to bill the Buyer's credit card for said charges or for the return of goods if they are refused at the point of destination.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
Buyer agrees that if he uses trickery to receive more than one refund, or if he causes a fraudulent dispute claim that results in a chargeback against the Seller's account, that the Seller is authorized to re-charge the Buyer's credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
This product is sold 'as is' without warranty or guarantee of any kind accept that the Seller warrants that the product can be downloaded. In the event ANY product is deemed to be defective, Buyer's only recourse is to select another product or receive a refund in accordance with our refund policy.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Buyer's person, the use of the product personally or in business, all taxes and regulations applicable to this product, all legal compliance issues related to this product. Buyer warrants an understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirecty from this product.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Seller of this product disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason. Buyer alone accepts full responsibility for allowing others to use this product. Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or from subsequent contact with Seller or Third Parties.
Buyer expressly agrees that no matter what may happen because of his or her purchase of this product, or no matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, that the absolute maximum extent of Seller's liability shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage to Buyer's person or business by using this product, including harm to buyer's computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Seller disclaims liability for Buyer's interaction with Third Party soliciting agents who were provided 'leads' by the Seller. Seller disclaims liability for Buyer's interactions with advertisers on the site. Seller disclaims liability for Buyer's interaction with other visitors or members of the website.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Seller's total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to no more than 5% of the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the Seller's total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Seller's total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.
LIMITATION ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow limitation of liability.
SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR 'EARNINGS CLAIMS' IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using this product or if claims about income or earnings resulting from the use of this product are made, such claims are true for the persons who made the claims, including claims made by the Seller about its own experience with the product.
However, Buyer cannot simply rely on these statements as being duplicable by Buyer because many factors affect results, including just dumb luck. Some people buy this product to make money and, in fact, make no money. Some people buy this product and never read it or attempt to implement any of the moneymaking ideas. Some folks seemingly take to it like a duck to water and can't stop making money. Nothing promoted on this website should be construed as a 'Get rich quick' scheme. The products Buyer is buying to learn how to make money or products that Buyer is buying to re-sell, have all been proven money-makers. The income and earnings statements, if any, tend to reflect the more successful cases and Buyer should not construe this as being the 'average' or usual success story. As is true in much of life, real success usually requires real work. Learning about the internet is not terrible work and it can produce very livable income if Buyer is willing to learn his or her craft and work at it steadily. Even part-time efforts may bring in some extra money each month. But it requires learning skills that Buyer may not have a background to easily learn and will certainly require constant education and, perhaps, even psychological motivation to keep Buyer directed toward his or her goals.
If the product Buyer is purchasing is a physical product promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, Buyer hereby warrants his understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price (subject to the return policy of the Seller) is the full remedy for any Buyer who feels the product did not deliver the results claimed.
If the product Buyer is purchasing is a membership or a product 'plan' that claims to produce specific benefits or results or that otherwise involves a recurring fee, the Buyer has a right to terminate the membership or 'plan' upon notice to the Seller. In this case, the promotional materials describing the membership and the 'plan' and the remedy for dissatisfaction shall be controlling. If the promotional materials say that part of a fee is not refundable, then it is not.
Where this disclaimer and claims made in sales and promotional materials or the product are in conflict, this Purchase Agreement shall be controlling except, and unless, the Seller deliberately misled the Buyer or if such construction would cause material inequity. The sole burden is on the Buyer to substantiate any deliberate deception. Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer brings suit against the Seller and does not prevail in court or at arbitration.
No warranties are made whatsoever about the amount of money, if any, that Buyer will earn from this material or product or service and Buyer warrants an understanding that Buyer's only course of action is to test this product and material for the extent of the refund period and request a refund if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an understanding that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this product, the maximum amount of liability shall be the purchase price of the product.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the terms of the Privacy Policy of Seller's website.
TERMS OF USE ACCEPTED
Buyer expressly accepts the Terms of Use of the Seller's website.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Seller's sole discretion.
INDEMNIFICATION
Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using the product or information contained on this website that results in a damage award against the Seller.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that Seller has the right to discontinue the product, the service, the membership at any time without notice.
Buyer understands that the Seller may discontinue customer service on a product or service at any time without notice.
CALIFORNIA RESIDENTS NOTE
You are entering into a contract that may modify, restrict, or eliminate rights you may have under the California Online Privacy Protection Act of 2003 (OPPA). Under the Privacy Policy and this Purchase Agreement you waive any right to view or modify the content of our database. You waive any right to force this business or website to divulge when or to whom your information may have been provided to third parties. In the event the website elects at its sole discretion to release information to you, you must clearly identify yourself to the website as the named customer who has previously purchased from the website. We are doing this to protect information being inadvertently provided to fake customers who may have intentions to harm the real customer. The required identifying information may include credit card info, social security numbers, notarized copies of state issued id, or other id sufficient to allow our counsel to feel comfortable about releasing information – in the event we elect to divulge it at all. Additionally, this purchase agreement, as part of the consideration required to purchase from this website, requires that you agree to use the American Arbitration Association exclusively in any claim arising from the Terms of Use, Privacy Policy, or Purchase Agreement, and not the courts of the state of California. The customer also agrees, as part of the required consideration, that any cause of action is presumed to have arisen in the city and county of this business or website, not in the state of California, unless the website is located there, and not in the jurisdiction where the customer resides.
ARBITRATION
As part of the consideration that the Sellers requires, Buyer agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the Buyer have the right to go to court or have a jury trial. Buyer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be the country of Arkansas. In the event that litigation is in a federal court, the proper court shall be in the state of Arkansas.
APPLICABLE LAW
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of Arkansas.
NOTICE
Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted 'unsubscribed' notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Seller irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller.
COSTS
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.
MODIFICATION
This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
WAIVER OF BREACH
The Seller's waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
SELLER CONTACT INFORMATION
The Seller of this product is:
Investor Technologies
______________________ ______________________ ______________________
FINAL ACCEPTANCE
By taking the affirmative step of purchasing of a product, service, or membership, you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.
NOTICE TO BUYERS WHO INTEND TO SUBMIT CREDIT APPLICATIONS TO OUR NETWORK OF RETAILERS AND FINANCE COMPANIES
(A) DO NOT USE THEIR CHARGE ACCOUNTS BEFORE YOU READ THIS AGREEMENT CAREFULLY.
(B) THESE ARE NOT MAJOR CREDIT CARDS (VISA, MASTERCARD, DISCOVER OR AMERICAN EXPRESS)
(C) THERE ARE NO COSTS OR FEES OR INTEREST ASSOCIATED WITH OBTAINING THESE ACCOUNTS. YOU ARE REQUIRED TO MAKE A MINIMUM CASH PURCHASE AND A MINIMUM INITIAL PURCHASE UTILIZING YOUR ACCOUNT
(D) YOU MAY AT ANY TIME PAY OFF THE FULL UNPAID BALANCE UNDER THIS AGREEMENT WITHOUT PENALTY OR ADDITIONAL COSTS.
(E) ONLY ITEMS FOUND IN THE ONLINE STORES OF OUR RETAILERS IN THE NETWORK MAY BE CHARGED ON ANY REVOLVING ACCOUNTS OR INSTALLMENT ACCOUNTS ESTABLISHED THROUGH THOSE RETAILERS
(F) GUARANTEED QUALIFICATIONS: YOU MUST BE 18 YEARS OF AGE, A U.S. CITIZEN (EXCLUDING WISCONSIN) OR PERMANENT RESIDENT.
(G) BELOW ARE THE GENERAL TERMS OF THE CREDIT LINES ISSUED BY OUR PRIVATE NETWORK OF RETAILERS AND FINANCE COMPANIES. THESE ARE NOT SPECIFIC TO ANY ACCOUNT AND MAY CHANGE AT ANY TIME PER THE TERMS OF THAT SPECIFIC RETAILER OR FINANCE COMPANY
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
Fees for Paying Late..........................$10.00
Fee for Exceeding the Credit Limit....................N/A
Fee for Returned Checks, ACH Debits and Credit Cards......$20.00
This Agreement contains information about the use of any charge accounts for which you apply for using the applications provided in our Credit Encyclopedia, and explains the terms by which both You, We, and the retailers agree to be bound. In this Agreement, the words "You", "I", "My", and "Me" mean the Account Holder. "We" or "the Company" mean Investor Technologies located in Little Rock, AR, and "Charge Account" or "Account" mean any account issued by retailers who applications are included in our Encyclopedia's. WE HAVE NO DIRECT OR INDIRECT AFFILIATION WITH ANY OF THE RETAILERS IN OUR NETWORK AND ALL APPLICATIONS SUBMITTED TO THOSE RETAILERS USING THE APPLICATIONS IN OUR PRODUCTS WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THOSE INDIVIDUAL RETAILERS. WE SIMPLY ACT AS A "LOCATOR" SERVICE AND GUARANTEE OUR DUE DILIGENCE TO YOU PER OUR REFUND POLICY.
ACCEPTANCE OF AGREEMENT: This Agreement constitutes the entire agreement between You and Investor Technologies and warranties and/or understandings with respect to the Website, products offered herein, and you should review this Agreement prior to each use of the Website and/or products herein. The latest Agreement will be always be posted on the Website.
DISCLAIMERS: Investor Technologies is not a credit services organization, financial or banking institution, nor is affiliated with any said organizations or institutions. Any accounts issued to you by any retailers we include applications for are issued at their sole discretion and any said credit lines issued by those retailers can only be used to purchase products at the stores of those retailers. This is not a credit repair service.
RETURNED AND NSF ACH PAYMENTS OVER LIMIT FEES: In the event that My initial purchase amount is returned due to non-sufficient funds, I agree to immediately repay the initial purchase plus a $50 return fee. I am authorizing the debiting of My bank account or Visa, Mastercard, Discover or American Express Card; therefore, Seasonedtrades.com is not responsible for any overdraft fees or over limit fees charged by My bank or card company or inc
CREDIT BUREAU REPORTING: I understand that all retailers and finance companies whose applications are included in the Credit Encyclopedia are all subscribers to the major credit bureaus and will report all payment information to the bureaus monthly.
CREDIT BUREAU ACCESS: Investor Technologies will not access your credit report, but the retailers who applications are included may require to have access if applicable.
FRAUD RESOLUTION: As a matter of policy, We fully cooperate with all law enforcement agencies in the pursuit of fraud, with regard to the unauthorized use of information when applying for credit with any retailer or finance company whose applications are included in our products. If You believe Your bank account or credit card account was fraudulently charged for the initial purchase or any subsequent applicable payments, We will make every effort to aid in a resolution. Before We 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.
APPLICABLE LAW: The law of the state of Arkansas shall apply to this Agreement.
PROPRIETARY RIGHTS: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website, the Service 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 You of any part of the Website, the Service and/or Your Account are strictly prohibited. You do not acquire ownership rights to any content, document, software, service or other materials viewed at or through the Website, the Service and/or Your Account. The posting of information or material at the Website and Service by Investor Technologies does not constitute a waiver of any right in such information and/or materials.
PRIVACY POLICY: Use of the Website is subject to Our Privacy Policy, which is hereby incorporated into, and made part of, this Agreement. We reserve the right, and You authorize us, to use and assign all information regarding Your Website, Service and Account use, and any and all other personal information provided by You, in any manner consistent with Our Privacy Policy.
INDEMNIFICATION: You agree to indemnify, defend and Seasonedtrades.com, its owners, and each of their respective officers, partners, members, employees, agents and attorneys, and affiliates (each a "Covered Party"), harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys' fees, administrative costs and/or settlement costs) arising from Your breach of this Agreement and/or Your use of the Website, the Service and/or Your Account, in any manner whatsoever.
AUTHORIZATION TO OBTAIN & DISCLOSE INFORMATION: By becoming a Revolving Retailer Credit Account Holder with any of the retailers whose applications our included in any of our products, I authorize those retailers to obtain a Credit Report that is based on the information that I provide to them and/or Investor Technologies 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 account holder membership with those specific retailers in order for Me to receive additional benefits.
SHARING INFORMATION WITH THIRD PARTIES: Any retailers whose applications you submit for credit products may disclose to their affiliate companies any and all of the information that they collect in the application process and that they may have gathered in consideration of Your application. They nor Investor Technologies will share information with any third parties except in select circumstances when a business partner refers You to us and You give us permission to share information with that business partner. When identifying methods of improving Our products and services or if We think a product may be of interest to You, We may arrange to extend offers of goods or services to You either directly or through Our affiliates.
CHANGE IN POLICY AND GOOD STANDING REQUIREMENT: I understand that My charge privileges, current charge limit, purchase requirements to retain account credit bureau reporting, or other benefits and/or special promotions/programs are subject to change without notice to the extent allowed by law and 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 Investor Technologies is true, accurate and verifiable. The information about the costs of the Account described in this application/solicitation is accurate indefinitely unless otherwise noted.
Terms and Conditions of this Website may be modified and Services and Benefits may be added or deleted at any time.
IF YOU ARE APPLYING FOR CREDIT WITH THE RETAILERS WE INCLUDE APPLICATIONS FOR IN OUR ENCYCLOPEDIA'S, PLEASE MAKE NOTE OF THE FOLLOWING STATE NOTICES:
NOTICE FOR CALIFORNIA RESIDENTS: California law requires that We 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 creditors obtain a judgment against You, a portion of Your disposable earnings may be attached or garnished (paid to us by Your employer), as provided by Florida and Federal law.
NOTICE FOR MAINE RESIDENTS: The retailer may request a Consumer Report in connection with Your request for a credit line increase or to be considered for some other Retailer Credit product. You may ask whether they obtained a Consumer Report and they 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 any retailer credit application or in connection with updates, renewals, or extensions of any credit granted as a result of that 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.
DISCLAIMERS AND LIMITATIONS: THE WEBSITE, THE SERVICE, YOUR ACCOUNTS WITH THE RECOMMENDED RETAILERS AND ANY MERCHANDISE OBTAINED THROUGH THE ACCOUNT 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 SERVICE, YOUR ACCOUNTS WITH THE RECOMMENDED RETAILERS AND ANY MERCHANDISE OBTAINED THROUGH THOSE RETAILERS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SEASONEDTRADES.COM AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SERVICE, YOUR ACCOUNTS WITH THE RECOMMENDED RETAILERS AND ANY MERCHANDISE OBTAINED THROUGH THOSE RETAILERS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, INVESTOR TECHNOLOGIES AND THE COVERED PARTIES ARE NOT LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY 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 RELATIONSHIP BETWEEN INVESTOR TECHNOLOGIES AND YOU. THE WEBSITE, THE SERVICE, YOUR ACCOUNTS WITH THE RECOMMENDED RETAILERS AND ANY MERCHANDISE OBTAINED THROUGH THOSE RETAILERS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE, THE SERVICE, YOUR ACCOUNTS WITH THE RECOMMENDED RETAILERS AND ANY MERCHANDISE OBTAINED THROUGH THOSE RETAILERS 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 AND/OR THROUGH THE SERVICE IS DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED, OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE WEBSITE, IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE 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.
OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE LOWEST PURCHASE PRICE THAT YOU HAVE PAID FOR ANY SINGLE PIECE OF MERCHANDISE AT THE WEBSITE AND/OR THROUGH THE SERVICE. NOTWITHSTANDING THE FOREGOING, SEASONEDTRADES.COM SHALL NOT BE LIABLE TO YOU FOR ANY SERVICE, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND/OR SERVICE.
BILLING RIGHTS: This notice contains important information about Your rights and Our responsibilities under the Fair Credit Billing Act.
Notify your creditors in Case of Errors or Questions about Your Statement of Account.
If You think Your bill is wrong, or if You need more information about a transaction on Your bill, write the retailer, on a separate sheet of paper, at the address listed on Your bill. Write to them as soon as possible. They must hear from You no later than 60 days from after they your complaint You the first bill on which the error or problem appeared. You may telephone them at the at the number listed on each application, but doing so will not preserve Your rights. In Your letter, give them the following information: 1) Your name and Account number. 2) The dollar amount of the suspected error. 3) Describe the error and explain, if You can, why You believe there is an error. If You need more information, describe the item You are not sure about.
Your Rights and Our Responsibilities After Your Retailers Receive Your Written Notice.
The retailers or finance companies must acknowledge Your letter within 30 days unless they have corrected the error by then. Within 90 days they must either correct the error or explain why they believe the unpaid bill was correct. After they receive Your letter, they cannot attempt to collect any amount You questioned or report You as delinquent. They may continue to bill You for the amount You questioned, and they may apply any amount You question against Your credit limit. You do not have to pay any questioned amount while they are investigating, but You are still obligated to pay any charges related to any questioned amount. If they did not make a mistake, You will have to make up any missed payments on the questioned amount. In either case, the retailers will send out a statement of the amount You owe and the date that it is due. If You fail to pay the amount that the retailers think you owe, they may report You as delinquent. However, if their explanation does not satisfy You, You can write to the retailers within 10 days telling them that You still refuse to pay, The retailers must tell anyone they report You to that You have a question about Your bill. In addition, they must tell You the name of anyone to whom they have reported this information. The retailers must tell anyone to whom they've reported on the matter in question when it is finally settled. If the retailers or finance companies don't follow these rules, they cannot collect the first $50.00 of the questioned amount, even if Your bill was correct.
Investor Technologies in the business of providing online books and other products through its websites and 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.
CHOICE OF LAW; JURISDICTION AND VENUE: The laws of the state of Arkansas shall be applied in any dispute or claim arising between Investor Technologies and the customer using this website. 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 Arkansas or Florida without regards to their conflicts of laws rules.
| 
