Applied Advantage Membership Agreement

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 your membership.
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 companies.
Privacy Policy. Use of personal information, 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.




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