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HORIZON GOLD CARD and HORIZON CARD SERVICES MEMBER AGREEMENT
This agreement contains the terms and conditions of your membership known hereafter as Horizon Card Services and Horizon Benefits Plan.
This agreement contains the terms and conditions of your Horizon Card Services membership known hereafter as Horizon Card Services and Horizon Benefits Plan. HORIZON CARD SERVICES™ IS NOT A CREDIT SERVICES ORGANIZATION, BANKING INSTITUTION OR INSURANCE COMPANY, NOR IS IT AFFILIATED WITH ANY CREDIT SERVICES ORGANIZATION, BANKING OR INSURANCE INSTITUTION. THIS PRODUCT IS NOT A VISA, MASTERCARD, OR DEBIT CARD. HORIZON CARD SERVICES ACCOUNT IS A LINE OF CREDIT THAT CAN BE USED BY AN ACCOUNT HOLDER TO SHOP EXCLUSIVELY AT OUR ONLINE SHOPPING WEBSITE. THERE ARE NO DOWN PAYMENT REQUIREMENTS FOR PURCHASES AT OUR WEBSITE. HORIZON CARD SERVICES™ DOES NOT FACILITATE, NOR PROVIDE ASSISTANCE IN OBTAINING CREDIT FROM ANY OTHER CREDIT-ISSUING ENTITIES. HORIZON CARD SERVICES™ DOES NOT CHARGE AN ADVANCED FEE TO ESTABLISH CREDIT, NOR DOES HORIZON CARD SERVICES™ ATTEMPT, OR CLAIM TO ATTEMPT, TO ESTABLISH, RE-ESTABLISH OR REPAIR ANY CUSTOMER CREDIT HISTORY.
Horizon Card Services™ website is located at HorizonGoldCard.com (the 'Website'). By accessing and/or using the Website and/or our Horizon Card Services™ service (the 'Service') you agree to comply with, and be bound by, the following terms and conditions (the 'Agreement'). Please review this Agreement carefully.
If you do not agree to this Agreement in its entirety, you are not authorized to use this Website and/or Service in any manner or form, whatsoever.
Annual Percentage Rate for Purchases 0.00%
Variable Rate Information: N/A
Grace Period for Repayment of Balances for Purchases: N/A
Method of Computing the Balance for Purchases: Revolving
NSF Check Fee: $25.00
Cancellation Fee: None
Late Payment $20.00
How it Works: Upon Account activation of your membership, you will receive various benefits as well as a credit card account to use exclusively on purchases available through the Horizon Outlet Website. Your Account will not work at any other website. Due to the lack of restrictions associated with obtaining an Account, there are nominal shipping and handling fees required for each purchase. You will receive a physical credit card within (5) five days to (2) weeks of your account activation. If you do not receive your card, please contact us at: firstname.lastname@example.org .
Monthly Membership/Benefits Plan: Upon account activation, all Horizon Card Services members are automatically enrolled in our monthly membership benefit plan. Monthly membership includes a $500 Unsecured card, access to My Privacy Protection, My Universal RX, My Roadside Protect and My Legal Assistance benefits. For ease and convenience, the $24.95 benefits plan membership fee will be auto-debited monthly. The $6.00 monthly card maintenance fee is waived to all active $24.95 monthly benefit plan accounts.
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 at the website for Horizon Card Services™, member certifies that their digital signature is the equivalent of its handwritten signature. Also, the member declares that it has read and understands all of the Terms and Conditions and agrees to and does sign each section of these Terms and Conditions with its digital signature.
Cancellation and Refund Policy: Cancellation and Refund requests can be made within 30 days of your purchase by calling Member Services at 1-800-251-6144, Monday 9:00 am - 8:00 pm, Tuesday from 9:00 am - 7 pm, Wednesday and Thursday from 9 am - 5:30 pm, Friday from 9 am - 8 pm and Saturdays from 10:00 am - 3:00 pm EST. After (30) days, cancelled accounts are not eligible for any type of refund.
Chargeback / Bank or Credit Card Company Dispute Charges: Horizon Card Services™ strives to provide exceptional customer service. If you feel you are entitled to a refund or would like to cancel your enrollment, you may do so by calling 1-800-251-6144 Mon - Fri 9:00 am through 5:00 pm. Refunds can only be obtained by calling this number. Do not contact your bank or credit card company in an attempt to obtain a refund! While your bank or credit card company may provide a temporary 'provisional credit' of the disputed amount, please be advised that Horizon Card Services™ is successful in reversing most chargeback's. In addition to the original charge, you accept responsibility for all fees associated with the processing and communication of this dispute. Typically these costs range from $50.00 to $300.00. Horizon Card Services™ reserves the right to collect these fees via the original payment method or through third party collection. Customer Advocacy If you feel at any time you are not receiving the customer care and attention you deserve, we encourage you to contact our 'Customer Advocacy' department. Customer Advocacy is dedicated to helping you 5 days a week from 9:00 am until 5:00 pm. Please call 1-800-837-4997 for customer advocacy.
1. Acceptance of Agreement. You agree to the terms and conditions set forth in this Agreement with respect to your use of the Website and/or Service. This Agreement constitutes the entire agreement between you and Horizon Card Services™, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website, the Service and/or your Account, as defined herein below. We may amend this Agreement from time to time, in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to each use of the Website, the Service and/or your Account. By your continued use of the Website, the Service and/or your Account, you hereby agree to all the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and changes.
2. Additional Terms and Conditions For Horizon Card Services™ Accounts. The Horizon Card Services™ is an online merchandise shopping service. By obtaining an Account, you can make purchases of select items available at or through the Service. Accounts may be obtained by individuals 18 years of age or older, who possesses a valid and active U.S. credit card, debit card, checking or savings bank account. There are no credit checks, income requirements or employment requirements to obtain an Account. There are also no restrictions applicable to those with past bankruptcy history.
Accounts: To obtain an Account, you must submit an application to Horizon Card Services™ to qualify for an Account. When you apply for an Account, you agree to provide accurate, current and complete information about yourself ("Application Data") as prompted by our application form. You also agree that Horizon Card Services™ reserves the right to debit or charge your checking account or debit card/credit card the full amount and or any portion of the full amount as not to exceed the advertised amount. In the event we are unable to capture the full amount from your credit or debit card as you requested, we may, within 7 to 21 days, attempt to reprocess your request for any amount up to the original processing amount. You will be notified by e-mail upon approval. You also represent that we may rely on your submitted Application Data as accurate, current and complete. You agree to maintain and update your Application Data to keep it as accurate, current and complete as possible. Horizon Card Services™ reserves the right, in its sole discretion, to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Application Data. In order to update your Application Data, please access and update your online profile. You understand that by submitting an application to Horizon Card Services™, you are not guaranteed to obtain an Account. Horizon Card Services™ reserves the right, in its sole discretion, to accept or reject any application for any reason, or for no reason, whatsoever.
Incomplete Applications: By clicking 'submit' on the application page located at www.HorizonCardServices.com, you grant permission to Horizon Card Services™ to contact you, when necessary, via e-mail or telephone to complete your application.
If Horizon Card Services™ approves your application; you will receive an e-mail confirming your application approval and your associated username and password information ('Login') information. Once you receive this Login information, you may make immediate use of the Service.
Disclosure of Costs, Fees, and Rates:
Creditor: Horizon Card Services
Amount financed and itemization: Equal to the value of the Account holder's open balance.
Shipping: Additional shipping and handling costs may apply depending on customer's location. It is the customer's responsibility to insure that the address provided is an address that can accept delivery of merchandise. The Horizon Outlet is not responsible for returned shipments due to non-deliverability for any reason. Items subsequently requiring re-shipment will be re-charged the original shipping fee, plus any applicable handling fees.
Payment schedule: The payment schedule will vary depending upon the purchase cost of all goods purchased by the Account holder and the amount and frequency of payments. Account holder is required to make a specified minimum payment each month (in most cases, 5% of the outstanding balance) by auto-debit.
Processing Fees: Varies per item purchased.
Outlet Store Delivery Signature Verification: $2.50
Outlet Store Residential Delivery: $2.00
Total of payments: Equal to the purchase cost of all goods purchased by the Account Holder.
Total sale price: Equal to the purchase cost of all goods purchased by the Account Holder.
Prepayment: No penalties for prepayment.
One time Card Issuance and Account Validation fee: $5.00
Fee for returned checks or debits, second NSF: $25.00
Monthly maintenance fee: $6.00 (This fee is waived to all active Horizon Card Services members).
Shipping and processing fees are required to be paid in full by customer prior to items being shipped. A $2.50 charge will be added to for shipment signature verification. Shipping and processing fees are non-refundable. Orders cannot be shipped to addresses other than what is listed on the customer's account. By purchasing items from The Horizon Outlet, customer fully understands and agrees to all policies. The Horizon Outlet will replace defective item(s) only at no charge to customer. (Less shipping and processing). The merchandise must be defective upon customer receiving it. The Horizon Outlet has the right to refuse refunds if the customer changes his/her mind and it is determined that the customer has caused the damage to the item(s). Horizon Card Services reserves the right to limit item quantities per order and all orders are subject to quantity restrictions.
ACH Debits: If any Automated Clearing House ('ACH') or Remotely Created Check ('RCC') debit request for a fee associated with your Account is returned due to non-sufficient funds available in your bank account, Horizon Card Services™ may attempt to collect the applicable fee by automatically resubmitting to your bank subsequent ACH or RCC debits. Any subsequent debit attempts by Horizon Card Services™ will not exceed the original fee amount. Furthermore, you understand and agree that if Horizon Card Services™ is unable to obtain payment from your bank, Horizon Card Services™ reserves the right to immediately terminate your Account or reduce your available credit until a consistent payment history has been established.
Credit Bureau Reporting: Horizon Card Services™ will report your new Horizon Card Services/Horizon Outlet Account to at least one major credit bureau upon receiving positive confirmation of your identity. In order to confirm your identity, you may be required to send Horizon Card Services™ a photocopy of your social security card. The Horizon Card Services Account does not guarantee aid in building or re-building credit, or to the posting of any positive references to any credit report. Due to circumstance beyond our control, it may take up to 60 days for your Horizon Card Servcies information to appear on your credit report.
Purchases and Monthly Billing: You will be electronically billed monthly for the minimum payment due on your Horizon Card Services account. For ease and convenience, our E-Bill feature is designed to send invoices to the email address we have on file for each monthly billing cycle. All balances due will be billed through our monthly auto debit process. Only account holders that are in good standing may make purchases at the Website and receive additional account holder’s benefits. On occasion, a product or products that you order may be out of stock from our suppliers. In that event, all pre-paid funds, for your convenience, will be automatically applied as a credit to your Horizon Card Services account.
Your Promise to Pay: You agree to pay the minimum payment due shown on each monthly electronic bill/paper statement. All payments must be available (or received) on the auto debit date indicated on the electronic bill/paper statement. Horizon Card Services account holders are responsible for maintaining a valid email address on their account.
Application of Payments Received: Payments received are always applied to any unpaid balance. Payments are applied toward purchases in the same order that they were made, older purchases first. Minimum Monthly Payment: The automatic minimum monthly payment for any given month (as long as your account shows an outstanding balance) is the greater of: a) 5% of the account balance owed immediately following any purchase made to your account; or b) $10.00.
The minimum monthly payment does not automatically decrease as your account balance decreases. Notwithstanding the foregoing, should your new balance be less than $10.00, the minimum payment due will be the total amount of the new balance. Account holder is required to make a specified minimum payment each month (in most cases, 5% of the outstanding balance) by auto-debit.
Default: Your Account will be considered in default status if: a) you fail to pay the minimum monthly payment when due; or b) you breach any of the terms and conditions of this Agreement. If your Account is in default, in compliance with applicable law, Horizon Card Services™ may: a) demand that you immediately pay the entire unpaid balance on your Account; b) apply monies received on subsequent purchases to any delinquent account balance owed; and/or c) proceed with legal action to collect any unpaid amounts.
Horizon Card Services™ Membership : As a Horizon Card Services™ Member and Horizon Card Services card holder, You will receive privileges in My PRIVACY PROTECT, MY UNIVERSAL RX Prescription Discount Plan, MY LEGAL ASSISTANCE and MY ROADSIDE ASSISTANCE Plan. Use of My Privacy Protection account requires activation. Upon activation with Horizon Card Services™, you are bound by the User Agreement provided at the enrollment site.
Plan Limitations and Restrictions: Access to member benefits are restricted to only the member on file of an active account. Should you wish to add additional family members to your plan, please contact customer service for pricing. Fraudulent use and access of benefits constitutes theft and will be prosecuted to the fullest extent of the law. Horizon Card Services™ has the right to temporarily suspend or cancel member plans that have the appearance of fraudulent use. It is your responsibility to know your plan limitations. Upon reaching all or any single plan inclusion program limit within a 12-month period, access will be denied.
My Privacy Protection - Unlimited Internet access. To activate your account and view your credit report, visit www.membersbenefitaccess.com and log into your account using the account issued to you upon approval of your membership.
My Universal Rx - Unlimited local participating pharmacy access. Member’s receive up to 40% off of covered prescription medications. Check website for selected medications and changes.
My Roadside Protection - Up to 3 service calls or towing requests up to 15 miles not to exceed the operator cost of $50.00. Additional mileage and associated towing costs will be your responsibility to pay at the time of service. No more that one towing or service call is covered within a 120 day period and no more than 3 total service calls within any 12 month period. Service calls include Fluid delivery (up to 5 gallons of fuel which you must re-pay at the current pump price for you area), Lock out service and flat tire change service with the spare tire that you provide. This service is not to be used for accident vehicle recovery therefore there is no benefit coverage.
My Legal Assistance - Toll free and Internet access to Legal resources. Criminal defense cases are not covered under this plan. Your plan entitles you to one free 30-minute consultation with a legal professional in your area specializing in your area of law interest.
Courtesy Programs - My Fuel Savings and other programs that are currently offered to our member base are done so as convenience and courtesy items only. Horizon Card Services™ makes no warranty or guarantee of these services and they are subject to change or discontinuation at any time.
Fraud Resolution: As a matter of policy, we cooperate fully with all law enforcement agencies in the pursuit of fraud, with regard to the unauthorized use of information in order to apply for this membership. If you believe your account was fraudulently charged for the application and processing fee, 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 2 weeks for resolution after we receive the report and statement. Fax: 1-800-822-9569
Good Standing Requirement: You understand that you must maintain your Account in good standing by making at least the minimum monthly payments on time and accurate account and personal information. If your Account is in default status, you understand that your Account privileges and benefits may be suspended and/or terminated until you have re-established a consistent pattern of on-time monthly minimum payments.
3. Authorized Use: The Website and Service are available only to individuals who can enter into legally binding contracts under applicable law. However, if you are under the age of 18, you do not have authorization to access or use the Website and/or Service in any manner whatsoever. If you are a Website visitor ('Visitor'), you may use the Website in order to obtain information about Horizon Card Services™ and the Service and to apply for a Horizon Card Services account ('Account'). Visitors are not authorized to access any content and/or data available to those individuals that are Account holders. In addition, to apply for and obtain an Account, you must be at least 18 years old and have a valid and active U.S. checking or savings bank account.
4. License Grant: As a Visitor to the Website or an Account holder, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website (and its associated content), the Service and/or an Account in accordance with this Agreement. Horizon Card Services™ may terminate this license at any time for any reason. You may use the Website on one computer for your own personal, non-commercial use. No part of the Website, the Service and/or an Account may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website (and its associated content), the Service, your Account and/or any portion thereof. Horizon Card Services™ reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, the Service and/or your Account. You may not take any action that imposes an unreasonable or disproportionately large load on the Horizon Card Services™ infrastructure.
Your right to use the Website, the Service and/or your Account including, without limitation, your Login, is non-transferable. Access to, and use of, your Account and the Service is made through your Login information. Your Login must be kept strictly confidential. For security reasons, Horizon Card Services™ will not release passwords for any reason, other than to the applicable Account holder, except as may be specifically required by law or court order. Unauthorized access to the Website, the Service and/or an Account is a breach of this Agreement and a violation of applicable law.
5. 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 Horizon Card Services™ does not constitute a waiver of any right in such information and/or materials.
7. Editing, Deleting and Modification: We reserve the right, in our sole discretion, to edit and/or delete any documents, information or other content appearing on the Website, the Service and/or your Account at anytime, without notice to you.
8. Indemnification: You agree to indemnify, defend and hold Horizon Card Services™, its owners, and each of their respective officers, partners, members, employees, agents and attorneys (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.
9. Disclaimers and Limitations: THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE 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 ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Horizon Card SERVICES™ AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Horizon Card SERVICES™ 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 BARGAIN BETWEEN HORIZON CARD SERVICES™ AND YOU. THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE 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 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 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, THE SERVICE AND/OR YOUR ACCOUNT 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, Horizon Card SERVICES™ 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.
10.Third Party Websites: The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because Horizon Card Services™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Horizon Card Services™ is not responsible for the availability of such third party websites and/or resources. Furthermore, Horizon Card Services™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising there from.
11. ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. Any claim, dispute or controversy between You and Us, Horizon Card Services™, Envision Wireless and any of our affiliates (or made by or against anyone connected with You or Us, or claiming through You or Us) arising from or relating to Your membership ("Claim"), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") then in effect, subject to this Membership Agreement. Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of Pennsylvania without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1-16 ("FAA"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the federal judicial district that includes Your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis. The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of Pennsylvania without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis. If You prevail in the arbitration of any Claim against Us, We will reimburse You for any fees You paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Arbitration rules and forms may be obtained from the AAA at www.adr.org. Claims shall be filed in any AAA office. However, any participatory hearing that You attend shall take place in Indiana County, Pennsylvania, unless You chose to have the hearing take place in the federal judicial district that includes Your billing address at the time the arbitration Claim is filed. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of Your membership as well as voluntary payment of the debt in full by You or any bankruptcy by You. IF YOU DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING BY REGISTERED MAIL WITHIN TWENTY (20) DAYS AFTER RECEIPT OF THIS "TERMS OF SITE USE." IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU MAY CONTINUE TO BE A MEMBER FOR THE CURRENT MEMBERSHIP TERM. HOWEVER, IN THAT EVENT, WE SHALL HAVE THE RIGHT NOT TO RENEW YOUR MEMBERSHIP AT THE END OF THE MEMBERSHIP TERM.
12. Equipment: You shall be responsible for obtaining and maintaining all telephone, computer hardware and any other equipment needed to access and/or use the Website, the Service and/or your Account, as well as any and all charges related thereto. Horizon Card Services account holders are responsible for maintaining a valid email address on or for their account.
13. Miscellaneous: This Agreement shall be treated as though it were executed and performed in Indiana, Pennsylvania, and shall be governed by and construed in accordance with the laws of the State of Pennsylvania (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Washington, DC, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website, the Service and/or your Account is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement. In order to expedite fulfillment of the product to the customer, we reserve the right to substitute another merchandise charge card of equal or greater value.
14. Acknowledgements: I certify that I have read, understand and fully agree to all the terms and conditions contained in this Agreement. I certify that all the Application Data I supplied to Horizon Card Services™ is true, accurate and verifiable. The information concerning costs and fees associated with my Account is accurate as of March 4, 2008. I understand that these costs and fees, and any other term associated with my Account, may change at anytime, in the sole discretion of Horizon Card Services™. I understand that my only recourse to any changes in terms is the cancellation of my Account in accordance with this Agreement.
Dated: May 1, 2009
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