Member Agreement

USA CREDIT™ SHOPPING CARD
MEMBER AGREEMENT
USA Credit™ SHOPPING CARDS

are issued with:
NO Credit Check - NO Interest Charges

This Agreement contains the Terms and Conditions of
becoming a USA Credit™ Shopping Cardholder

BY ACCESSING AND/OR USING THE USA CREDIT™ SHOPPING CLUB WEB SITE (THE "WEB SITE") AND/OR OUR SERVICE (THE "SERVICE"), I AGREE TO COMPLY WITH, AND BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT").

NOTICE TO CARD MEMBER: (A) DO NOT USE THIS CHARGE ACCOUNT BEFORE YOU READ THIS AGREEMENT CAREFULLY. (B) USA CREDIT™ SHOPPING CARDS ARE NOT A VISA® OR A MASTERCARD®. (C) THE COST OF MEMBERSHIP IN THE USA CREDIT™ SHOPPING CLUB PROGRAM IS $149.95. (D) IF APPLICABLE, THE COST OF THE ELITE SERVICES IS $19.95 PER MONTH AND WILL BE AUTOMATICALLY DEDUCTED FROM YOUR BANK ACCOUNT UNTIL CANCELLED BY YOU. YOU MAY CANCEL THE ELITE SERVICES AT ANY TIME PER SECTION 7 OF THIS AGREEMENT. (E) IF APPLICABLE, THE COST OF THE LIVE WELL SERVICES IS $19.95 PER MONTH AND WILL BE AUTOMATICALLY DEDUCTED FROM YOUR BANK ACCOUNT UNTIL CANCELLED BY YOU. YOU MAY CANCEL THE LIVE WELL SERVICES AT ANY TIME PER SECTION 8 OF THIS AGREEMENT. (F) IF APPLICABLE, THE COST OF THE OF THE HI TECH AUTO SERVICES IS $14.95 PER MONTH AND WILL BE AUTOMATICALLY DEDUCTED FROM YOUR BANK ACCOUNT UNTIL CANCELLED BY YOU. YOU MAY CANCEL THE HI TECH AUTO SERVICES AT ANY TIME PER SECTION 9 OF THIS AGREEMENT. (G) YOU MAY AT ANY TIME PAY OFF THE FULL UNPAID BALANCE UNDER THIS AGREEMENT WITHOUT PENALTY OR ADDITIONAL COSTS. (H) CASH ADVANCES. ACCOUNT HOLDERS MAY REQUEST A CASH ADVANCE AFTER ONTIME REPAYMENT OF MERCHANDISE PURCHASES, IN THE TOTAL AMOUNT OF FIFTY PERCENT OF TOTAL MERCHANDISE REPAYMENTS SINCE INCEPTION OF MEMBERSHIP, CAPPED AT $2500. (I) GUARANTEED QUALIFICATIONS: YOU MUST BE 18 YEARS OF AGE, A U.S. CITIZEN (EXCLUDING RESIDENTS OF WISCONSIN, VERMONT AND INDIANA) OR PERMANENT RESIDENT.

Annual Percentage Rate for Purchases0%
Variable-rate InformationN/A
Grace Period for Repayment of Balances for PurchasesN/A
Method of Computing the Balance for PurchasesN/A
Minimum Finance ChargeN/A
Transaction Fee for PurchasesN/A
Fees for Paying Late$10.00
Fee for Exceeding the Credit LimitN/A
Fee for Returned Checks, ACH Debits and Credit Cards$30.00

This Agreement contains information about the use of this Charge Account and explains the terms by which both You and We agree to be bound. In this Agreement, the words "I", "My", "Me" and "Cardholder" mean the Card Member or Cardholder; the words "We" or "the Company" mean USA Credit™ and Commonwealth Marketing Group, Inc. (CMG), located in Uniontown, Pennsylvania; and the words "Charge Account" or "Account" mean the USA Credit™ Shopping Card Account.

This Agreement describes the Terms and Conditions under which My USA Credit™ Shopping Card Account is issued. I certify that I am at least 18 years of age and the information I provided to USA Credit™ in order to obtain this Charge Account is true and accurate. I understand that My use of the Charge Account constitutes My acceptance and agreement to comply with and be bound by the Terms and Conditions of this Agreement. I understand that My card is being issued with no credit check or investigation. The Minimum Monthly Payment required on My outstanding balance is $25.00 or 15% of the outstanding balance, whichever is greater. (See "15. Minimum Monthly Payment" for complete explanation.)

The Federal E-Sign Act (HR-1714) on Final Digital Signature provides that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By completing the online application for the USA Credit™ Shopping Card, I certify that my digital signature is the equivalent of my handwritten signature. Also, I declare that I have read and understand all of the Terms and Conditions of this Agreement and I agree to and do sign each section of these Terms and Conditions of this Agreement with my digital signature.

1. ACCEPTANCE OF AGREEMENT: This Agreement and the Web Site constitute the entire agreement between Me and the Company and warranties and/or understandings with respect to the Web Site, and I agree to review this Agreement prior to each use of the Web Site, the Service and/or My Account. The latest Agreement will be posted on the Web Site.

2. DISCLAIMERS: USA Credit™ is not a credit services organization, financial or banking institution. My Account is a line of credit that can be used by an Accountholder to shop exclusively at the USA Credit™ Shopping Club Web site. This is not a credit repair service.

3. RETURNED AND NSF ACH PAYMENTS: In the event that My membership fee is returned due to non-sufficient funds, I understand and agree that USA Credit™ may, at its sole option, either: a) issue my USA Credit™ Shopping Card with a credit line of $7500 and debit My bank account for my enrollment fee in twelve (12) equal debits, each for 1/12 of the enrollment fee; or b) issue My USA Credit™ Shopping Card with a credit line of $2,500 for a one-time enrollment fee of $49.95, which will be debited from My bank account. USA Credit™ may immediately attempt to collect those amounts by presenting My ACH authorization to My original banking institution. The Elite Services, Live Well Services or Hi Tech Auto Services, if applicable, will not be affected or interrupted by the credit line reduction. I am authorizing the debiting of My bank account; therefore, USA Credit™ is not responsible for any overdraft fees charged by My bank or incurred by Me due to draft attempt(s).

4. CHARGE CARD - CREDIT LIMIT: My USA Credit™ Account has been issued with a starting credit limit, which is indicated on the Account Information Form.

5. CREDIT LIMIT INCREASE: As long as My Account is maintained in good standing and after six (6) consecutive on-time payments made to USA Credit™, I may receive a $2,500 credit line increase. There is no additional charge for this increase.

6. GIFT CARDS: If applicable, I must be enrolled in the Elite Services or Live Well Services for a minimum of six (6) consecutive months from the Account activation date to qualify for a gift card and My Account must be in good standing. To receive My gift card, after six (6) consecutive months of membership, I must send in a note or letter to Member Services, One Millennium Drive, Uniontown, PA 15401. No notice will be sent to Me. The Company reserves the right to substitute any gift card with an equal or greater value for the one chosen.

7. ELITE SERVICES: If enrolled in the Elite Services, I understand that I will receive privileges in USA Credit Care, USA Prescription Discount Plan and USA Roadside Assistance Plan. I will be granted access to the Elite Services upon verification of receipt of payment of the $149.95 USA Credit™ Membership Fee, or other applicable enrollment fee, and confirmation of My identity. The Company will debit my bank account every thirty days in the amount of $19.95 in which I maintain My Elite Services. I understand that I may cancel My Elite Services at any time by contacting the Member Services Department at 1-800-262-4192 or at memberservices@usacdt.com. If I cancel My Elite Services after the monthly debit has occurred, I will cancel any subsequent debits; however, I will not receive a refund for the current month. Use of Your Credit Care account requires activation. Upon activation with USA Credit Care, I agree to be bound by the User Agreement provided at the USA Credit Care enrollment site.

8. LIVE WELL SERVICES: If enrolled in the Live Well Services, I understand that I will receive privileges in the USA Dental Plan, USA Vision Plan, USA Prescription Plan, USA Chiropractic Plan and access to a 24 hour Nurse Hotline. I will be granted access to the Live Well Services upon verification of receipt of payment of the $149.95 USA Credit™ Membership Fee or other applicable enrollment fee. The Company will debit My bank account every thirty days in the amount of $19.95 in which I maintain My Live Well Services. I understand that I may cancel My Live Well Services at any time by contacting the Member Services Department at 1-800-262-4192 or at memberservices@usacdt.com. If I cancel My Live Well Services after the monthly debit has occurred, I will cancel any subsequent debits; however, I will not receive a refund for the current month.

9. HI TECH AUTO SERVICES: If enrolled in the Hi Tech Auto Services, I understand that I will receive up to $200 in cash rebates for things like oil changes, tune-ups and even gasoline, $1000 in discount coupons on all kinds of automotive products and services, professional automotive advice, up to 50% savings on hotels and car rental discounts. I will be granted access to the Hi Tech Auto Services upon verification of receipt of payment of the $149.95 USA Credit™ Membership Fee or other applicable enrollment fee. The Company will debit My bank account every thirty days in the amount of $14.95 in which I maintain My Hi Tech Auto Services. I understand that I may cancel My Hi Tech Auto Services at any time by contacting the Member Services Department at 1-800-262-4192 or at memberservices@usacdt.com. If I cancel My Hi Tech Auto Services after the monthly debit has occurred, I will cancel any subsequent debits; however, I will not receive a refund for the current month.

10. RESPONSIBILITY AND LIABILITY: The Company shall have no liability with regard to any services provided by any vendor/benefit provider. I agree that any claim with regard to any services shall be made against the vendor of such services and not the Company 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 Elite Services, Live Well Services or Hi Tech Auto may be subject to separate terms and conditions and may be altered or substituted with products or services of equal or better value.

11. CREDIT BUREAU REPORTING: I understand that the Company is a subscriber to a Credit Bureau and that My new Account as well as My monthly payment history may be reported to that Credit Bureau.

12. CREDIT BUREAU ACCESS: The Company will not access My personal credit report as part of the activation process in establishing My initial credit Account. However, the Company reserves the right to access My personal credit report.

13. MONTHLY BILLING FOR UNPAID AMOUNTS: I will be billed each month for the balance of charges made to My Account. My Account must be maintained on a current basis to make additional credit purchases and to receive additional Card Member benefits.

14. 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.

15. MINIMUM MONTHLY PAYMENT/AUTOMATIC PAYMENT PLAN PAYMENT AMOUNT: I agree to pay at least the minimum payment amount 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. The Minimum Monthly Payment which must be paid every month (as long as My Account shows an outstanding balance) is calculated by finding the greater of (a) or (b): a) 15% of the Account balance owed on My Account, or b) $25.00, whichever is greater. This figure is the Minimum Monthly Payment ("Minimum Monthly Payment"). The Minimum Monthly Payment does not automatically decrease as My Account balance decreases. Should My new balance be less than $25.00, the payment due will be the amount of the new Principal Balance. By applying for the USA Credit™ Shopping Card, I request and authorize the Company to automatically deduct from My bank account the minimum payment due each statement or billing cycle. When I receive My USA Credit™ Shopping Card, I may call USA Credit™ Member Services to modify the amount that I 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 I select a fixed payment amount, the Company may still deduct from My bank account the minimum payment due if that amount due is greater than the amount I selected for My fixed payment.

16. DELINQUENT ACCOUNT: My 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.

17. DEFAULT ON ACCOUNT: I will be in default if: a) I fail to pay the Minimum Monthly Payment when due; or b) I breach any of the Terms and Conditions of this Agreement. If I am in default, the Company has the right to: a) demand Me to 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 proceed with legal action.

18. MEMBERSHIP, APPLICATION AND ENROLLMENT FEES: The initial cost of My membership includes an application and enrollment fee. The total initial membership fee is $149.95. This charge breaks down as follows: $114.95 enrollment fee and a $35.00 application fee. The application fee is non refundable. If the refund of card membership procedure is met, the Company will refund My enrollment fee only. Should My enrollment fee be reduced to $49.95 in the event of My membership fee being returned for insufficient funds, and a credit line of $2,500 will be issued, pursuant to Section 3. of these Terms and Conditions, the refundable part of that enrollment fee will be $39.95.

19. REFUND OF CARD MEMBERSHIP: I may cancel My enrollment into the USA Credit™ Shopping Club Program within (30) days from the receipt of the Welcome Kit and USA Credit™ Shopping Card. To receive a refund of My enrollment fee, I must first contact the Company to obtain a Return Authorization Number. Upon receiving My return authorization number, I will be required to return all membership documents as well as My USA Credit™ Shopping Card to: USA Credit, One Millennium Drive, Uniontown, PA 15401. REFUND GUIDELINES MUST BE CAREFULLY FOLLOWED TO ASSURE A PROMPT REFUND OF MONIES. There will be a non-sufficient funds fee of $30.00 deducted in the event that any debit previously authorized by Me has been returned unpaid by My bank for any reason. There will be no refund in the event that there are Unpaid Balances posted to My Account or if there are pending merchandise orders. I must allow at least seven (7) business days from the Company’s receipt of My membership materials for My refund to be processed. Included in My membership fee is a non-refundable application fee. If the refund of card membership procedure is met, the Company will refund My enrollment fee only. IMPORTANT: Merchandise return policy and instructions are explained on the product order forms and/or on the shopping Web Site.

20. CASH ADVANCES: After completion of repayment in full of merchandise purchases, I shall be eligible to request a cash advance in the amount not to exceed fifty percent (50%) of the total amounts paid since My Account was established, but not to exceed $2,500. Cash advances will bear 0% interest, shall be applied to my USA Credit Account balance and repaid by Me like any other account balance for purchases, pursuant to Section 15. No more than one cash advance may be outstanding and un-repaid in full at any one time.

21. CANCELLATION OF ACCOUNT: My USA Credit™ Shopping Card Account will be active for 12 months from the date of issue. The Company, at its sole discretion, may cancel this Agreement and may demand payment in full of the entire balance due, if I default on this contract. In the event the Company cancels My Account, I will continue to be responsible to make full payment of any remaining USA Credit™ Shopping Card Account balance.

22. 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 I believe My 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. Please allow us two (2) weeks for resolution after We receive the report and statement.

23. SECURITY INTEREST: The Company, to the extent legally permissible, retains a security interest in all merchandise charged on this Account until the balance is paid in full.

24. APPLICABLE LAW: The law of the State of Pennsylvania shall apply to this Agreement.

25. PROPRIETARY RIGHTS: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Web Site, the Service and/or My Account are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by the Cardholder of any part of the Web Site, the Service and/or My Account are strictly prohibited. I do not acquire ownership rights to any content, document, software, service or other materials viewed at or through the Web site, the Service and/or Your Account. The posting of information or material at the Web site and Service by the Company does not constitute a waiver of any right in such information and/or materials.

26. PRIVACY POLICY: Use of the USA Credit™ Shopping Club Web Site, the Service and/or My 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 I authorize the Company, to use and assign all information regarding My Web Site, Service and Account use, and any and all other personal information provided by me, in any manner consistent with the Company’s Privacy Policy.

27. INDEMNIFICATION: I agree to indemnify, defend and hold the Company, its owners, and each of its 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 My breach of this Agreement and/or My use of the Web Site, the Service and/or My Account, in any manner whatsoever.

28. AUTHORIZATION TO OBTAIN & DISCLOSE INFORMATION: By becoming a member of the USA Credit™ Shopping Club Program and obtaining the USA Credit™ Shopping Card, I authorize the Company to obtain a Credit Report that is based on the information that I provide to the Company 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 card membership in order for Me to receive additional benefits.

29. 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 My application. The Company does not share information with any non-affiliated third parties except in select circumstances when a business partner refers the Cardholder to the Company and the Cardholder 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 Me, the Company may arrange to extend offers of goods or services to Me 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 My credit report(s), credit card processors, email communications management firms or call center providers. The Company may also disclose nonpublic personal information about me to nonaffiliated third parties as permitted by law.

30. MEMBERSHIP IN GOOD STANDING REQUIREMENT: I understand that My charge privileges, current charge limit, current down payment/no down payment requirement, credit bureau reporting, or other card member benefits and/or special promotions/programs are subject to 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 the Company is true, accurate and verifiable. The information about the costs of the card described in this application/solicitation is accurate as of October 2008. The information may be changed after that date. To find out what may have changed, write u to the Company at USA Credit, One Millennium Drive, Uniontown, PA 15401. If the Cardholder does not agree with any changes in the terms and conditions of the card Account, the Cardholder may close their Account without incurring any penalty. Please note that the Cardholder will be responsible for paying all outstanding balances in the event they close their Account.

Terms and Conditions of this Program may be modified and Services and Benefits may be added or deleted at any time.

31. STATE 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 I am married, I may apply for credit in my own name.

NOTICE FOR FLORIDA RESIDENTS: I (borrower) agree that, should the Company obtain a judgment against Me, a portion of My disposable earnings may be attached or garnished (paid to the Company by My employer), as provided by Florida and Federal law.

NOTICE FOR MAINE RESIDENTS: The Company may request a Consumer Report in connection with My request for a credit line increase or to be considered for some other USA Credit™ product. I may ask whether the Company obtained a Consumer Report and the Company will tell Me 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 My request, I 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: I 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.

32. DISCLAIMERS AND LIMITATIONS: THE WEB SITE, THE SERVICE, MY ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE USA CREDIT™ SHOPPING CARD 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 WEB SITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE 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 WEB SITE, THE SERVICE, MY ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COMPANY AND THE COVERED PARTIES ARE NOT LIABLE TO ME AND/OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS; LOSS OF PROFITS; DAMAGE TO REPUTATION OR GOODWILL; DEGRADATION IN VALUE OF BRANDS; TRADE NAMES; TRADEMARKS, SERVICE NAMES OR SERVICE MARKS; LITIGATION; OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FAILURE TO WARN 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 BARGAIN BETWEEN THE COMPANY AND ME. THE WEB SITE, THE SERVICE, MY ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE WOULD NOT BE PROVIDED TO ME WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ME FROM THE COMPANY THROUGH THE WEB SITE, THE SERVICE, MY ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE, 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 WEB SITE AND/OR THROUGH THE SERVICE IS DISCLAIMED. I UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED, OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE WEB SITE, THE SERVICE AND/OR MY ACCOUNT IS DONE AT MY OWN DISCRETION AND AT MY OWN RISK. I WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO MY COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL.

THE COMPANY’S MAXIMUM LIABILITY TO ME UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE LOWEST PURCHASE PRICE THAT I HAVE PAID FOR ANY SINGLE PIECE OF MERCHANDISE AT THE WEB SITE AND/OR THROUGH THE SERVICE. NOTWITHSTANDING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE TO ME FOR ANY SERVICE, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEB SITE AND/OR SERVICE.

33. BILLING RIGHTS: This notice contains important information about My rights and the Company’s responsibilities under the Fair Credit Billing Act.

Notify the Company in Case of Errors or Questions about the Cardholder’s Statement of Account.
If a Cardholder thinks a bill is wrong, or if a Cardholder needs more information about a transaction on a bill, the Cardholder will write the Company, on a separate sheet of paper, at the address listed on the Cardholder’s bill. The Cardholder must write to the Company as soon as possible. The Company must hear from the Cardholder no later than 60 days after the Company sent the Cardholder’s first bill on which the error or problem appeared. The Cardholder may telephone the Company, but doing so will not preserve the Cardholder’s rights. In the letter, the Cardholder should provide the following information: 1) The Cardholder’s name and Account number. 2) The dollar amount of the suspected error. 3) A Description of the error and explanation of why the Cardholder believes there is an error. If the Cardholder needs more information, the Cardholder should describe the item the Cardholder is not sure about.

The Cardholder’s Rights and The Company’s Responsibilities After The Company Receives The Cardholder’s Written Notice.
The Company must acknowledge the Cardholder’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 Cardholder’s letter, the Company cannot attempt to collect any amount the Cardholder questioned or report the Cardholder as delinquent. The Company may continue to bill the Cardholder for the amount the Cardholder questioned, and the Company may apply any amount the Company questions against the Cardholder’s credit limit. The Cardholder does not have to pay any questioned amount while the Company is investigating, but the Cardholder 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 Cardholder owes and the date that it is due. If the Cardholder fails to pay the amount that the Company thinks the Cardholder owes, the Company may report the Cardholder as delinquent. However, if the Company’s explanation does not satisfy the Cardholder, and the Cardholder writes the Company within 10 days telling the Company that the Cardholder still refuses to pay, the Company must tell anyone the Company reports the Cardholder to that the Cardholder has a question about a bill. In addition, the Company must tell the Cardholder 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 Cardholder’s bill was correct.
Commonwealth Marketing Group Inc. is a private Pennsylvania Corporation in the business of providing a Home Shopping Charge/Purchasing Program through its USA Credit™ Division and USA Credit™ is a service mark of Commonwealth Marketing Group, Inc. and Commonwealth Marketing Group, 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 I have any legal questions concerning My rights or My credit, I should contact an attorney.

34. CHOICE OF LAW; JURISDICTION AND VENUE: The laws of the Commonwealth of Pennsylvania shall be applied in any dispute or claim arising between the Company and the Cardholder. 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 Fayette County, Pennsylvania, or the US District Court for the Western District of Pennsylvania, without regards to their conflicts of laws rules.

Copyright Commonwealth Marketing Group Inc.
All Rights Reserved©
10.08
USA Credit
Commonwealth Marketing Group, Inc.
One Millennium Drive
Uniontown, PA 15401

Thawte