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This User Agreement ("Agreement") is a legally binding contract between you and Charge Me Later, Inc. ("Charge Me Later") and applies to your use of the Charge Me Later payment service and any related products and services available through Charge Me Later (collectively the "Services"). Because persons under the age of 18 are unable to enter binding contracts, you must be 18 years of age or older to use Charge Me Later or its Services. If you are under the age of 18 or if you do not agree to be bound by the terms and conditions of this Agreement,
Charge Me Later will not accept you as a member. In accepting this Agreement below, you represent to Charge Me Later that you are at least 18 years old, and authorize ChargeMeLater to verify your credit worthiness through third parties credit data bases such as credit bureaus.
There is no fee to establish an account with Charge Me Later.
You will be notified, and required to expressly accept, a description of the good or service you are purchasing and the cost for the purchase before any purchase can be completed through Charge Me Later.
If you use Charge Me Later to make a purchase, you will be billed for that purchase, and you will be responsible for paying for it in accordance with the terms of this Agreement.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy before you may become a member of Charge Me Later. By clicking "I Agree Let Me In" you are representing to Charge Me Later that you have read and agree to be bound by this Agreement and the Privacy Policy and that your use of Charge Me Later websites and Services will be governed by the terms and conditions of this Agreement, the Privacy Policy and on those websites.
Other fees and charges:
We may charge the following fees. The amounts of these fees are listed below. These fees will be added to the balance for purchases made during the billing cycle.
Late fees:
We may charge a late fee if we do not receive your payment in full by the date and time due as shown on your billing statement. We will calculate the late fee in addition to the previous outstanding balance shown on the billing statement on which the late fee appears. We may also refer to this fee as the late payment fee or charge. Please be advised that a payment that is made in the amount inferior to the total outstanding charges and late fee will be applied to the late fee first and the outstanding balance second. The late fee for ChargeMeLater services is $29 for every billing cycle in which your payment is not received by the indicated due date on your bill.
Return Payment/Check Fees:
If (a) your payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment is returned unpaid, or (c) we must return a payment check because it is not signed or cannot be processed, we may charge a return fee. We may also refer to this fee as the return payment fee. There will be a charge for returned payment or returned check which will equal the highest amount allowed within your applicable state.
Administrative Fees:
If you should request a copy of a billing statement, sales records, or any other record of your account we may charge you for these services. Your account will be charged with an administrative fee of $10.00. However, should you need a copy of your billing statement, sales records, or other information to assist you in a billing dispute, you will not be charged. Other fees may apply for other services we provide and we would inform you of them when we offer the service out to you. Additionally, should your account be delinquent and referred to a collection agency, you will be assessed the maximum penalty fee allowable by the state of Delaware where your account resides, regardless of your state of residence.
Information: We may amend this Agreement at any time by posting the amended terms on our website ("Site"). Except as stated below, all amended terms shall automatically be effective 2-5 days after they are initially posted on the Site. If you are registering on ChargeMeLater for the first time, this Agreement is effective upon acceptance by you below; for all other users, this Agreement is effective on August 7, 2008.
Charge Me Later is a Payment Service Provider; i.e., it provides consumers a convenient method to purchase goods and services over the Internet, much like a credit card issuer or a bank that issues personal checks. Charge Me Later does not provide the goods or services themselves. Instead, Charge Me Later maintains accounts which consumers may use to pay for goods or services over the Internet from participating merchants. Charge Me Later then bills member consumers for those purchases on behalf of the merchants from which the good or services are purchased.
You do not pay Charge Me Later any fees for the Services -- merchants pay Charge Me Later for providing their customers an alternative method of payment. Charge Me Later does not have any control over the goods or services that are paid for with our Services. We cannot ensure that a merchant you are dealing with will actually complete the transaction in a manner that is acceptable to you.
PLEASE NOTE: Charge Me Later is a non credit card Internet billing mechanism and does not have control over any content or service offered by a Charge Me Later merchant. Charge Me Later is not a publisher or editor of content and does not store merchant's content on its servers.
Each time you make a purchase through ChargeMeLater, you agree to pay for that purchase by the indicated due date printed on your bill. You will receive a paper invoice in the mail within 7 to 10 days. If you dispute an invoice, you must send your dispute to ChargeMeLater, in writing, no later than 60 days after the date on which the disputed charge is first invoiced. ChargeMeLater will then investigate your dispute and notify you within 30 days of its findings. You do not need to pay any disputed charge while it is being investigated, but if ChargeMeLater determines, in its sole discretion, that the charge is valid, you will be required to pay the charge within 10 days of ChargeMeLater's notification to you of its findings. Failure to pay for your purchases may result in the release of your non-public personal and financial information ("NPI") to collection services and other vendors acting on our behalf, and may subject you to a collection action and may impair your credit. Note that, except as otherwise provided by law, in paying for such goods or services, you remain free to pursue your Claim directly with the merchant.
In the event a dispute arises between you and Charge Me Later, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Charge Me Later agree that any claim or controversy at law or equity that arises out of this Agreement or the Services, excluding Claims for injunctive or other equitable relief, ("Claims") shall be resolved by binding arbitration. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.
All Claims which are to be resolved through binding arbitration shall be conducted in person, by telephone, on-line, and/or based solely upon written submissions. Arbitrations shall take place in New York City, New York and shall be administered by a neutral party to be agreed upon by you and Charge Me Later, or by the American Arbitration Association or JAMS in accordance with their applicable rules. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to $1000,
provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
If you have any questions, or if you would like to register a complaint, you may call 1-866-803-5474.
We use many techniques to identify our users when they use our Services. Verification of users is only an indication of increased likelihood that a user's identity is correct. You authorize Charge Me Later, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, Charge Me Later cannot and does not guarantee any user's identity.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the Privacy Policy; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
In the event that you have a dispute with one or more merchants, you release Charge Me Later (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND ANY GOODS OR SERVICES PURCHASED USING THE SERVICES. WE FURTHER MAKE NO REPRESENTATION OR WARRANTY ABOUT THE RELIABILITY OR QUALITY OF ANY MERCHANT WHICH PERMITS USE OF THE SERVICES.
Charge Me Later shall make reasonable efforts to ensure that requests for purchases are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in electronic mail service. Without limiting the foregoing, we do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, USE OF OUR SERVICES, OR THIS AGREEMENT (HOWSOEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
You agree to indemnify and hold Charge Me Later, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the Privacy Policy, or your violation of any law or the rights of a third party relating to your use of the Service.
GOVERNING LAW:
This Agreement shall be governed in all respects by the laws of the State of Delaware as such laws are applied to agreements entered into and to be performed entirely within Delaware between Delaware residents without regards to conflict of law principles. The law of Delaware, where we and your account are located, will apply no matter where you live or use the account. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
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