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Terms and Conditions of the 1-Click Financing™Payment System
The Terms and Conditions of 1-Click Financing™include the following:
1-Click Financing™E-Sign Consent Consumer Consent to receive disclosures and other information electronically. IMPORTANT NOTICE. In order to complete this transaction online, the Lender must provide the consumer with certain disclosures required by law. The Lender can provide these disclosures to the consumer online only if the consumer consents. The consumer should choose another payment option if the consumer does not consent. 1. DEFINITIONS. In this 1-Click Financing E-Sign Consent, the following definitions apply: 2. IMPORTANT NOTICE. In order to complete this transaction online, you must provide me with certain disclosures required by law. You can provide these disclosures to me online only if I consent. If I do not consent, I will choose another payment option. 3. CONSUMER CONSENT. By checking the "I agree to have the Terms and Conditions presented electronically", which I hereby adopt as my electronic signature, I consent and agree that: You can provide disclosures required by law and other information about my legal rights and duties to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink. You can send important communications and disclosures to me electronically to the email address that I have provided to the Merchant in this transaction or to another email address that I provide to you for that purpose. This consent applies to this transaction, to all future transactions in which I use the 1-Click Financing Payment System or with you, at any time, and to other disclosures that you provide to me by email, unless I have, prior to such transaction, withdrawn my consent by the procedure mentioned below. The disclosures and information I will receive in this online session are: This 1-Click Financing E-Sign Consent 1-Click Financing Important Disclosures 1-Click Financing Account Agreement Privacy Notice 4. WHAT I WILL NEED. I understand that in order to access and retain the electronic disclosures I will need an email client such as Netscape or Microsoft Outlook. By consenting, I acknowledge that I am able to access the electronic disclosures online. 5. REQUESTING PAPER DOCUMENTS AND WITHDRAWING CONSENT. I understand that I may request paper copies of the disclosures and other information at any time, and that you will provide them to me by mail at no charge. I understand that I may withdraw my consent to receive electronic disclosures at any time after this transaction is completed. In order to request paper copies and/or to withdraw consent, I will contact you at: 1-Click Financing 1-Click Financing™Important Disclosures NOTICE TO BORROWER: (1) CAUTION - IT IS IMPORTANT THAT BORROWER THOROUGHLY READ THE DISCLOSURES AND AGREEMENT BEFORE BORROWER AGREES, (2) BORROWER SHOULD RETAIN A COPY OF THE DISCLOSURES AND AGREEMENT FOR BORROWER'S RECORDS.
* Daily Periodic Rate and Annual Percentage Rate for Promotional Purchases. From time to time, Lender may offer Promotional Purchases with a lower rate that may apply for a limited time. ** Grace Period for Standard and Promotional Purchases. Lender will not assess a Finance Charge on Standard or Promotional Purchases during any Billing Cycle in which payments and credits made on or before the Payment Due Date reduce the outstanding balance for Standard and Promotional Purchases (excluding Standard and Promotional Purchases made during the Billing Cycle and Promotional Purchases subject to a Deferred Payment option) to zero or to a credit balance. The Grace Period does not apply to a Promotional Purchase subject to a Deferred Payment option. Amendment of the Terms and Conditions. Lender may amend the Agreement, including any of the terms stated above, from time to time, in accordance with the paragraph of the Agreement called "Amendment of this Agreement." Important information about procedures for opening a new account. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for Borrower: When Borrower opens an account, Lender will obtain Borrower's name, address, date of birth, and other information that will allow Lender to identify Borrower. Lender will verify this information with Borrower or others. 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. As required by California law, a married applicant may apply for a separate account. Lender may obtain a report from a consumer credit reporting agency in connection with this application and/or for any updates, renewals, extensions of credit on this Account or collection of any loan made as a result of the application. If Applicant(s) requests to be informed whether or not a consumer credit report was obtained, Lender will provide that information, including the name and address of each consumer reporting agency from which a consumer credit report was obtained. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 1-Click Financing™Account Agreement This Agreement sets forth the terms and conditions of the 1-Click Financing Credit Account (the "Account") offered through United College Marketing Services, Inc.., located in Oak Brook , Illinois , U.S.A. Please read this Agreement and keep a copy. 1. DEFINITIONS. In this 1-Click Financing Account Agreement, the following definitions apply: "Agreement" means the 1-Click Financing Important Disclosures, Account Agreement, and any amendment or addendum to this Agreement. (i) Revolving Parts. d. Other Definitions used in this Agreement. 2. GENERAL DESCRIPTION OF THE ACCOUNT. This is a multi-part open-end credit account. I will request a loan on this Account by choosing the 1-Click Financing payment option when I make a purchase from a Merchant at a web site, by telephone, or at another authorized location. Purchases will be added to the balance of the Standard Purchases part of the Account, unless they are subject to special terms for Promotional or Installment Purchases. You will charge a Finance Charge on all parts of this Account, beginning on each transaction date, except during the Grace Period and as otherwise provided in the paragraph of this Agreement called "Finance Charge." I will only have the right to use some parts of the Account from time to time, when you make a special offer. The rate of Finance Charge may be different for different parts of the Account. You may make changes in this Agreement as explained in the paragraph called "Amendment of this Agreement." 3. HOW I AGREE TO THIS AGREEMENT. I agree to this Agreement and I make the promises it contains by doing either of the following: a. Requesting an Account. I may request an Account in any of the ways you may provide. 4. HOW I CAN OBTAIN LOANS ON THIS ACCOUNT. a. Standard and Promotional Purchases. I can obtain loans on this Account by choosing the 1-Click Financing option when I make a purchase from a Merchant at a web site, by telephone, or at another authorized location. You will make a loan to me, in the amount of the Cost of the purchase, by paying the Merchant on my behalf. You will make loans subject to the Standard Purchase terms, unless special Promotional terms are in effect at the time of the loan or are offered by the Merchant. (i) No Pre-Established Credit Line. There is no pre-established credit line for this Account, but I understand that you may evaluate each request for a loan at the time I make the request. You have the option to refuse my request for any loan, but you will notify me of the reasons for any refusal. 5. MY PERSONAL INFORMATION. Each time I choose 1-Click Financing, I authorize the Merchant to share my personal information with you to the extent necessary for you to make a credit decision and complete the transaction, including paying the Merchant on my behalf, opening my Account, charging my Account for the Costs of the purchase, sending me a billing statement, and for all other lawful purposes in connection with this Account. I authorize the Merchant to share my email address with you. I consent to your sending me emails for any lawful purpose in connection with this Account, including commercial emails for marketing 1-Click Financing, its features, and the benefits of using 1-Click Financing at Merchants who accept it. I may withdraw my consent to your sending me commercial emails, at any time, by changing my "email preferences" at the "Update Personal Info" section of the www.1clickfinancing.com website, under the "Update Account" tab, or by "unsubscribing" when you send me an email. 6. PROMISE TO PAY. I promise to pay to you the balance on this Account, including all purchases, loans and other amounts I have authorized you to charge to this Account. I promise to pay these amounts as agreed in this Agreement, including my promise to make the Minimum Payment Due each month on or before the Payment Due Date. 7. I ALSO PROMISE: a. To pay for all purchases made by me and by someone I authorized to use this Account. You (and any person who may decide whether I am liable for amounts charged to this Account) may presume that I have authorized any purchase made in my name using this Account, if the purchase is delivered in my name to my address, unless I return the purchase to the Merchant within a reasonable period of time. I will not be responsible for any unauthorized purchases using this Account. 8. SECURITY INTEREST. You will not take any security interest to secure this Account. 9. FINANCE CHARGE. Except during the Grace Period and during the term of an Interest-free Installment Purchase prior to the End Date, I agree to pay a Finance Charge on the outstanding balance of each part of this Account at all times that this Account is in effect, including any period after Termination in which there remains an outstanding balance. The Finance Charge will be calculated for each part of the Account separately, as of the last day in the Billing Cycle (the "Statement Date"), in the following way: a. Parts of the Account. For the purposes of the Finance Charge, each part of the Account will be calculated separately. Parts may be called "Transaction Types" on the billing statements. (i) Standard Purchases. All Standard Purchases and other balances that are moved to the Standard Purchases part of the Account will be a single part. Deferred Payment Option. From time to time, you may offer Promotional Purchases with a Deferred Payment option. If I pay the balance on the Deferred Payment part (which is called the "Current Balance") in full by the Expiration Date, you will not charge any Finance Charge for that part. You will calculate the Finance Charge for each Billing Cycle prior to the Expiration Date and disclose it on the Billing Statement as the Accrued Deferred Finance Charge. If I do not pay the balance on a Deferred Payment part of the Account before the Expiration Date, you may charge my Account, in the Billing Cycle in which the Expiration Date occurs, Finance Charges on the Promotional Purchase from the date of the purchase (the "transaction date"). End of Promotional Terms. If a part is subject to a special promotional rate, term, or Deferred Payment option which ends as of a certain date, I authorize you to move, on or after that date, the balance remaining in that part to the Standard Purchases part of the Account, and it will be subject to the repayment and Finance Charge terms for Standard Purchases. (iii) Installment Purchases. Each Installment Purchase will be a part. If there is a balance owing on an Interest-free Installment Purchase after the End Date, I authorize you to move, on or after the End Date, that balance to the Standard Purchases part of the Account, and it will be subject to the repayment and Finance Charge terms for Standard Purchases. b. When the Finance Charge begins. The Finance Charge begins to accrue on the transaction date, except Finance Charge does not accrue during the Grace Period, if applicable to that part, and does not accrue prior to the End Date on an Interest-free Installment Purchase. 10. OTHER CHARGES. I agree to pay the following Other Charges, as applicable. I agree that you may allocate any Other Charge to the Standard Purchases part of the Account. a. Late Fee. You will charge me a Late Fee for each month the Minimum Payment is not paid in full by its Payment Due Date. The amount of the late fee is disclosed in the Important Disclosures. (i) attributable to a Late Fee assessed on an earlier payment; or b. Return Check Fee. You will charge me a service charge of $20.00 if my payment on this Account is made with a check, including a draft, order or other instrument that is returned by a drawee for "not sufficient funds" in the account on which the check is written. You will not charge the service charge, however, if you redeposit the check and it is paid. 11. MINIMUM PAYMENT DUE. The Minimum Payment will be due each Billing Cycle, on or before the Payment Due Date. The amount of the Minimum Payment Due will be the sum of the Monthly Plan Payments due on each Installment Purchase part plus the payment due for the revolving parts plus any amounts past due from previous Billing Cycles. a. Revolving Parts . The payment due for the revolving parts will be the greater of (A) $10.00; or (B) 3% of the sum of the balances on the revolving parts (excluding any balance subject to a Deferred Payment option), on the last day of the Billing Cycle. The payment will be rounded down to the next whole dollar. In no event, however, will the payment due be greater than the sum of the total outstanding balances on those parts.
a. You impose a Finance Charge to this Account; or I agree to notify you in writing of any errors in the billing statement within 60 days from the date it is mailed. I agree to examine the billing statement and to notify you in writing, immediately, of any purchases which were not made or authorized by me. You need not mail a billing statement to me if you deem this Account uncollectible or if delinquency collection proceedings have been started. a. If I fail to pay any Minimum Payment Due on or before the Payment Due Date. If default occurs, you will have no duty to make loans or advances from this Account and this Account will be Terminated. You may refuse to make any new loans and may cancel any approved loans from the Account for any Purchase or transaction that has not yet appeared on a billing statement sent to me. This may happen without any prior notice to me. If you choose, at your sole option, to make new loans from this Account after default, I agree that you may charge those loans to this Account. In addition, if a default occurs, all amounts which I owe under this Agreement shall be due and payable immediately, at your option (subject to any applicable law to the contrary); you may apply any payments I make after default to satisfy the amounts I owe on any part of the Account, in any order you choose. The other provisions of this Agreement will continue to apply to this Account. If you get a judgment after default and/or if I am a debtor in an action filed by or against me under the Bankruptcy Code, unless prohibited by applicable law, the rates of Finance Charge applicable to this Account will continue to apply to the balances on this Account. A default under this Agreement is a default under every other account or loan which I have with you. 16. TERMINATION OF THE ACCOUNT. In addition to Termination by default, you may Terminate this Agreement at any time and for any reason subject to the requirements of applicable law. I can terminate my Account by sending written notice to the address on the billing statement. After Termination, I will not be able to make new purchases on this Account. Termination under this paragraph will not affect any purchase which complies with this Agreement and which was made before the date of the Termination notice. If you choose, at your sole option, to allow purchases after you have Terminated this Account (whether or not I have given you notice Terminating this Account), I agree that you may charge those purchases to this Account. After Termination under this paragraph, balances will continue to accrue Finance Charges until paid in full and I agree to pay the balance on this Account, the Finance Charges and all other amounts due in accordance with the terms of this Agreement. All other provisions of this Agreement will continue to apply. 17. YOUR LIABILITY. You have no responsibility for the failure of any Merchant to accept payment using the 1-Click Financing Payment System. Your liability, if liability is provided under applicable law, for a wrongful failure to make a loan on this Account is limited to my actual damages. Failure to make a loan for any reason as provided under the terms of this Agreement will not be wrongful. 18. AMENDMENT OF THIS AGREEMENT. You may amend this Agreement from time to time, in any respect by giving me written notice where required by law. An amendment may change something in this Agreement (for example, the rate of Finance Charge on any or all the parts), add something new or take something out. Such amendments will apply to outstanding balances and new loans, except as otherwise indicated in the written notice or provided by applicable law. This Agreement, except when amended in accordance with this Agreement, is the final expression of the Agreement between us and may not be contradicted by evidence of any alleged oral agreement. 19. REMEDIES CUMULATIVE. Your remedies under this Agreement shall be cumulative and not alternative. 20. DELAY IN ENFORCEMENT. You can delay enforcing any of your rights under this Agreement without losing them. Any waiver by you of any provision of this Agreement will not be a waiver of the same or any other provision on any other occasion. 21. ASSIGNMENT. I may not assign or otherwise transfer my rights and privileges under this Agreement, or delegate my obligations to repay amounts I owe to you. Any attempt to assign or delegate will be void and of no effect. You may assign any and all of your rights under this Agreement at any time without my consent. Any person, company or bank to whom you assign this Agreement shall be entitled to all of your rights under this Agreement. None of my rights or obligations shall be affected by such assignment. 22. REPLACEMENT OF PRIOR AGREEMENTS. This Agreement replaces all earlier Agreements and governs all balances on this Account, including balances carried over to this Account from any prior Account, just as if it had been in effect before the first advance from this Account. If this Agreement replaces an earlier Agreement I had with a different Lender, all balances from the earlier 1-Click Financing Account will become balances on this Account. The effective date of the new Account may be delayed, at your option, up to sixty (60) days; during those sixty (60) days, all balances will be balances on the earlier Account. No rates, charges, fees or required minimum payments stated in the earlier Agreement will change due to a change in the Lender, unless Lender amends this Agreement as provided in this Agreement. 23. COMMUNICATIONS CONCERNING DISPUTED DEBTS. ALL COMMUNICATIONS BY ME TO YOU CONCERNING DISPUTED DEBTS, INCLUDING AN INSTRUMENT TENDERED AS FULL SATISFACTION OF THE ACCOUNT, WILL BE SENT TO: 1-Click Financing, P.O. Box 5018 , Timonium , MD 21094 . 24. CREDIT INVESTIGATION AND REPORTING. I authorize you to make or have made any credit, employment and investigative inquiries you deem appropriate related to this Account and the collection of amounts owed on this Account. I agree that you have the right to obtain a credit report in connection with your review of my application and periodically, during the term of this Account, as you deem reasonably necessary to maintain and collect this Account. I authorize you to answer any questions about your experience with me related to this Account and to report that experience to credit reporting agencies. 25. NOTICES AND CUSTOMER SERVICE. I agree that any notice or correspondence that you are required by this Agreement or by law to send to me may be sent by regular U.S. mail to the address that I have provided or by e-mail to the e-mail address that I have provided, unless otherwise required by law. I will send all notices, correspondence, inquiries and questions concerning my Account to you at 1-Click Financing, P.O. Box 22140 , Tulsa , OK 74121-2140 . I may also call you at your customer service telephone number 1-866-528-3733. You may monitor, tape or electronically record my telephone calls to your customer service department for any reasonable business purpose. I agree that your customer service department may place telephone calls to me using an automatic dialing and announcing device for any reasonable business purpose. 26. GOVERNING LAW AND CONSTRUCTION. This Agreement has been accepted by you in Illinois, U.S.A., and all loans will be extended by you in Illinois, U.S.A. Regardless of the state of my residence or the place where the Merchant is located, I agree that the provisions of this Agreement relating to interest, charges and fees shall be governed by federal law and construed in accordance with federal law and, as made applicable by federal law, Illinois law. Other terms and provisions shall be governed by and construed in accordance with the law of Illinois , U.S.A. , without regard to principals of conflicts of law, except to the extent preempted, superseded, or supplemented by federal law. 27. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement. 28. BORROWER'S BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice is required by federal law. In this notice, "you" and "your" mean the Borrower. "We" and "our" refer to the Lender. Your name and account number. The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice.
This Policy explains what UCMS does to keep information about you private and secure. We want you to know how we manage that information to serve you. This Policy covers only your 1-Click Financing Account relationship with UCMS. Please read this Policy carefully; if you have another customer relationship with UCMS, the Policy governing that relationship may be different. Q. What information do you have about me?
Q. How do you safeguard information about me?
Q. Is information about me shared within your family of companies?
We may share other types of information within our family. For example, we may share name and address, information about transactions or balances with us, as well as survey results. Q. Is information about me shared with service providers and financial companies? Q. Is information about me shared with non-financial companies outside your family of companies? Q. Is information about me shared in any other ways?
Q. How do you tell me about your Policy? A. We give you our Policy to you when you open a new account. We also send it to current customers yearly. We may change our Policy. We will send you a new policy if we broaden our information sharing practices about you. Special Notice for Vermont Residents.
Q. Who is covered by this Policy? Q. Which of my account relationships with UCMS are covered by this Policy? This Policy applies to our current and former consumer customers. Separate policies may apply to your other relationships with UCMS. Separate policies may apply to customers of certain businesses, such as Private Banking or Insurance. In addition, customers in certain states may also receive policies that apply to them. The privacy policies posted on our websites apply when you use those sites. hahCDC 9/05
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