The following is the Agreement between
Applied Card Systems, Inc. ("we" and "us"), who is the provider
of the Applied Advantage membership service, and the person
who enrolls in this service ("you"). You are urged to read
this Agreement carefully and to call our Customer Service
representatives if you have any questions.
Membership Benefits. You will be offered discounts
and/or other benefits on certain products and services offered
by us and participating vendors ("Benefits").
Some of the Benefits may not be available in your area and
we reserve the right to change the Benefits available to
you without notice.
Membership Term. Your membership is effective for
a period of twelve months following the date you enroll
in the membership service ("Enrollment Date").
The annual Applied Advantage membership fee is billed automatically
to your credit card account issued by Applied Bank ("Account")
upon enrollment. Unless you notify us not to renew your
membership, it will be renewed automatically each year upon
expiration, and the then-current annual membership fee will
be billed automatically to your Account.
30-Day Money Back Guarantee. If you are not completely
satisfied with your membership and wish to cancel, you must
call Customer Service within 30 days of your Enrollment
Date. A full refund will be credited to your Account.
Renewal of Membership. Unless you notify us that
you wish to terminate this Agreement and cancel your membership,
as provided in the Termination of Membership section of
this Agreement, your membership will be renewed automatically
and the then-current annual membership fee will be charged
to your Account.
Payment of Membership Fee. We reserve the right to
increase or decrease the membership fee for each renewal
Membership Term effective upon renewal of your membership.
In the event that your membership fee cannot be charged
to your Account for any reason we will cancel your membership.
Use of Membership. Your membership is non-transferable.
You agree that only you and your immediate family may use
the membership service. Membership benefits are not for
resale. "Immediate Family" means you, your spouse
and your children living at your home. You will promptly
notify us if you become aware of any unauthorized use of
Disclaimer of Liability. You agree that
we and our affiliates shall have no liability to you as
a seller of any products or vendor of services that are
associated with the Benefits provided to you under this
Agreement that are not provided by us, including, without
limitation, for any defective product or service. If you
have any claims relating to Benefits not provided by us,
you agree to make your claim against the vendors providing
the Benefit. We make no warranties, expressed or
implied, including the warranty of merchantability or fitness
for a particular purpose, with respect to any of the Benefits
or related information provided to you. Under no circumstances
shall our liability exceed your current membership fee and
under no circumstances shall we be liable for your incidental
or consequential damages.
Entire Agreement. This Agreement contains
all the terms of membership and no representations, inducements,
promises or agreements concerning the membership not included
in this Agreement shall be effective or enforceable. If
any of the terms of this Agreement shall become invalid
or unenforceable, the remaining terms shall not be affected.
Governing Law. This Agreement and the terms of your membership
will be governed by, and interpreted under, Federal law
and the laws of the State of Delaware without reference
to principles of conflict of laws. The legality, enforceability
and interpretation of this Agreement and the amounts contracted
for, charged and received under this Agreement will be governed
by such laws. This Agreement is entered into between you
and us in Delaware. Federal and Delaware law will also apply
to any controversy, claim or dispute arising from or relating
in any way to the subject matter of this Agreement and/or
your Account, including, without limitation, statutory,
equitable or tort claims.
Termination of Membership. You may terminate
this Agreement and your membership at any time by calling
us at 561-443-EASY (3279) or by notifying us in writing
at: Applied Advantage, P.O. Box 17125, Wilmington, DE 19850-7125.
Your cancellation will be effective promptly upon the receipt
of your cancellation notice. We may terminate this Agreement
and your membership at any time.
Severability and Waiver. If any provision
of this Agreement is invalid or unenforceable under any
law, rule or regulation, it shall not affect the validity
or enforceability of any other provision of this Agreement.
We may delay or waive enforcing any of our rights under
this Agreement without losing them.
Changing This Agreement. We may change
the terms of this Agreement at any time and from time to
time and including, without limitation, adding other new
terms or deleting or modifying any existing terms. We reserve
the right to eliminate, add, change, and substitute Benefits
and participating vendors without notice to you.
Telephone Monitoring. You consent and authorize
us, and any of our affiliates, servicing companies or associates
to monitor and/or record any of your telephone conversations
with our representatives or the representatives of those
as well as your rights regarding sharing your personal information,
is governed by our Privacy
Policy. This Policy can be found on our website at www.myappliedadvantage.com.
You can obtain a copy of this Policy by calling us at 561-443-EASY
(3279) or by notifying us in writing at: Applied Advantage,
P.O. Box 17125, Wilmington, DE 19850-7125.
Arbitration. Arbitration is a method of
deciding disputes outside the court system. This Arbitration
Provision governs when and how any disputes you and we may
have will be arbitrated instead of litigated in court. If
there is any dispute between you and us, either of us may
elect to have it resolved in small claims court or by binding
arbitration administered by the American Arbitration Association
("AAA"). This company administers arbitration
proceedings. The arbitrator will be selected under the Administrator's
Rules, however, the arbitrator must be a lawyer with more
than 10 years of experience or a retired judge, unless you
and we agree otherwise. All doubts about whether to arbitrate
a dispute shall be resolved in favor of arbitration. We
will not elect to arbitrate an individual Claim that you
bring against us in "small claims" court. However,
we may elect to arbitrate a "small claims" court
Claim that is later sent or appealed to any different court.
This Agreement involves interstate commerce and this Arbitration
Provision is governed by the Federal Arbitration Act ("FAA"),
9 U.S.C. §§1 et seq. The arbitrator must follow:
(1) the FAA; (2) the substantive law, consistent with the
FAA, related to any Claim; (3) statutes of limitations;
and (4) claims of privilege recognized at law. Upon the
timely request of either party, the arbitrator must provide
a brief written explanation of the basis for the award.
The arbitrator will determine the rules of procedure and
evidence to apply, consistent with the FAA, the Administrator's
Rules and this Arbitration Provision. The arbitrator shall
not be bound by federal, state or local rules of procedure
and evidence or state or local laws concerning arbitration
proceedings. The terms of this Arbitration provision shall
survive any termination, cancellation or expiration of your
Membership Service or our Agreement, as well as any bankruptcy
by you. Information regarding the arbitration administrators
may be found on the Internet at www.adr.org.
You may reject this Arbitration Provision (and any prior
arbitration provision between you and us) by sending us
a notice ("Rejection Notice") that we receive
within thirty (30) days after your Enrollment Date. Any
Rejection Notice must include your name, address and telephone
number and must be signed by you. You must mail your Rejection
Notice to us at our Legal Department at P.O. Box 15774,
Wilmington, DE 19850-5774. In the event of any dispute concerning
whether you have provided a timely Rejection Notice, you
must provide a signed receipt as confirmation. This is the
only method you can use to reject this Arbitration Provision.
IMPORTANT LIMITATIONS: IF YOU OR WE ELECT
TO ARBITRATE A DISPUTE, NEITHER YOU NOR WE WILL HAVE THE
RIGHT TO PURSUE THAT DISPUTE IN COURT OR HAVE A JURY DECIDE
THE CLAIM. ALSO, THE ABILITY OF A PARTY TO OBTAIN INFORMATION
FROM THE OTHER PARTY AND TO APPEAL IS MORE LIMITED IN AN
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU OR
WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
THE FEES CHARGED BY THE ADMINISTRATOR MAY BE HIGHER THAN
THE FEES CHARGED BY A COURT. IF YOU OR WE ELECT TO ARBITRATE
A CLAIM: (1) NEITHER YOU NOR ANYONE ELSE ON YOUR BEHALF
CAN PURSUE THAT CLAIM IN COURT OR IN AN ARBITRATION PROCEEDING
ON A CLASS-WIDE OR REPRESENTATIVE BASIS; AND (2) CLAIMS
BROUGHT BY OR AGAINST MEMBER MAY NOT BE BROUGHT TOGETHER
WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER MEMBER. THE
ARBITRATOR SHALL HAVE NO AUTHORITY TO HEAR OR DECIDE AN
ARBITRATION ON A CLASS-WIDE OR REPRESENTATIVE BASIS.