Bargain Electronic Depot Line Of Credit Agreement
THIS LINE OF CREDIT/CREDIT LINE SERVICES AGREEMENT (the“Agreement”) is made and entered into as of the ________ day of , ______________ 20____ , by and between Bargain Electronic Depot LLC and\or it’s assigns, a Georgia corporation, having a principal place of business at 2140 McGee Rd SteA-4000C Snellville, Ga 30078(hereinafter referred to as the “Company”) and ______________________, an individual, located at _______________ ________________________________(hereinafter referred to as “Client”). The effective date of this Agreement shall be the date on which the last party executes this Agreement below (the “EffectiveDate”). This agreement contains the terms and conditions of your line of credit/credit line. We have the right to assign any or all of our rights under this Agreement to any assignee of our choosing. You may not assign this Agreement or any rights under this agreement and any attempt to make such an assignment will be null and void. You understand that the Dealer and MFS are independent entities and not employees or agents of one another. This agreement legally binds the parties and their respective heirs, representatives, executors, administrators, successors and assigns. This agreement contains the terms and conditions of your Bargain Electronic Depot membership known hereafter as Bargain Electronic Depot and Bargain Electronic Depot Membership. Bargain Electronic Depot IS NOT A CREDIT SERVICE’S 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. Bargain Electronic Depot ACCOUNT IS A LINE OF CREDIT THAT CAN BE USED BY AN ACCOUNT HOLDER TO SHOP EXCLUSIVELY AT OUR ONLINE SHOPPING WEBSITE www.Bargain Electronic Depot.com or in store. THERE COULD BE DOWN PAYMENT REQUIREMENTS FOR PURCHASES AT OUR WEBSITE OR IN STORE. Bargain Electronic Depot DOES NOT FACILITATE, NOR PROVIDE ASSISTANCE IN OBTAINING CREDIT FROM ANY OTHER CREDIT-ISSUING ENTITIES. Bargain Electronic Depot DOES NOT CHARGE AN ADVANCED FEE TO ESTABLISH CREDIT, NOR DOES Bargain Electronic Depot ATTEMPT, OR CLAIM TO ATTEMPT TO REPAIR A CUSTOMER'S CREDIT HISTORY. Bargain Electronic Depot’s website is located at www.BargainElectronicDepot.com (the 'Website'). By accessing and/or using the Website and/or our Bargain Electronic Depot 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.
Interest Rates and Interest Charges
Annual Percentage Rate (APR) 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 Line of credit/credit line
Disclosure of Costs, Fees, and Rates
NSF Check Fee $25.00
Cancellation Fee None
Late Payment $20.00
Processing Fees Varies per item purchased.
Store Delivery Signature Verification $2.50
Outlet Store Residential Delivery $49.00
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 Account Issuance and Account
Validation fee $250.00
Fee for returned checks or debits, second NSF $25.00
Creditor: Bargain Electronic Depot
The initial term of the credit line shall be $_______.00 with a onetime initial fee of $250.00 and $24.95 a month for the term of six (6) months (the “Initial Term”) commencing on the date this Agreement is executed. The credit line may be cancelled at no penalty within three (3) business days of the execution of the Agreement. At the expiration of the Initial Term, this Agreement will automatically renew for successive six (6) month periods (each a “Renewal Term” and collectively with the Initial Term the “Term”) unless a party provides the other parties with written notice of its intent not to renew this Agreement at least thirty (30) days prior to the expiration of the then current term.(the “Term”).
Amount financed and itemization: Equal to the value of the Account holder's open balance.
Minimum Monthly Payment: You agree to pay at least the total minimum monthly payment reflected on your statement. You may pay more than the total minimum monthly payment and you may pay the entire amount due at any time. The total minimum monthly payment due shown on your billing statement will be the sum of the minimum monthly payments plus all past due amounts, late fees and other charges. The minimum monthly payment will be recalculated each month you make an additional purchase. Your minimum monthly payments will be 10% of the “highest monthly balance” or $25, whichever is greater.
Shipping: 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 Bargain Electronic Depot , customer fully understands and agrees to all policies. Bargain Electronic Depot will replace defective item(s) only at no charge to customer. (Less shipping and processing). The merchandise must be defective upon customer receiving it. Bargain Electronic Depot 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). Bargain Electronic Depot reserves the right to limit item quantities per order and all orders are subject to quantity restrictions. 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 Bargain Electronic Depot 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.
How it Works: Upon Account activation of your membership, you will receive a line of credit/credit line account to use exclusively on purchases available through Bargain Electronic Depot Website www.bargainelectronicdepot.com or in store. Your Account will not work at any other website. The semi annual membership fee will be automatically billed to your new account, reducing your available spending limit. Due to the lack of restrictions associated with obtaining an Account, we may require a deposit to be made at the time of purchase. If we require a deposit, when you make payments on time for 6 months you will qualify for our guaranteed zero down account. There also are nominal shipping and handling fees required for each purchase.
Monthly Membership: Upon account activation, all Bargain Electronic Depot members are automatically enrolled in our monthly membership plan. Your monthly membership includes a $______.00 Unsecured line of credit/credit line account. For ease and convenience, the $24.95 membership fee will be auto-debited monthly.
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 Bargain Electronic Depot, 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.
Credit Line can be canceled with in three business days from start date. If client has not canceled within 3 days of contract date, client must submit cancellation form 30 days prior to the 6-month membership renewal term. Term/Renewal. The initial term of the credit line shall be for the term of six (6) months (the “Initial Term”) commencing on the date this Agreement is executed. The credit line may be canceled at no penalty within three (3) business days of the execution of the Agreement. At the expiration of the Initial Term, this Agreement will
automatically renew for successive six (6) month periods (each a “Renewal Term” and collectively with the Initial Term the “Term”) unless a party provides the other parties with written notice of its intent not to renew this Agreement at least thirty (30) days prior to the expiration of the then current term.
Customer Care If you feel at any time you are not receiving the customer care and attention you deserve, we encourage you to contact our 'Customer Care' department. Customer Advocacy is dedicated to helping you 5 days a week from 9:00 am until 5:00 pm. Please call 1-470-236-9688 for Customer Advocacy.
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 Bargain Electronic Depot, an 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. Additional Terms and Conditions For Bargain Electronic Depot Accounts. The Bargain Electronic Depot has an online merchandise shopping service and a retail store. After 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 Bargain Electronic Depot 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 Bargain Electronic Depot 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 60 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. Bargain Electronic Depot 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 call in or email us an update of your profile. You understand that by submitting an application to Bargain Electronic Depot , you are not guaranteed to obtain an Account. Bargain Electronic Depot 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.BargainElectronicDepot.com, you grant permission to Bargain Electronic Depot to contact you, when necessary, via e-mail or telephone to complete your application. If Bargain Electronic Depot approves your application; you will receive an e-mail confirming your application approval and your customer number information. Once you receive this information, you may make immediate use of the Service.
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, Bargain Electronic Depot may attempt to collect the applicable fee by automatically resubmitting to your bank subsequent ACH or RCC debits. Any subsequent debit attempts by Bargain Electronic Depot will not exceed the original fee amount. Furthermore, you understand and agree that if Bargain Electronic Depot is unable to obtain payment from your bank, Bargain Electronic Depot reserves the right to immediately terminate your Account or reduce your available credit until a consistent payment history has been established.
Purchases and Monthly Billing: You will be electronically/paper billed monthly for the minimum payment due on your Bargain Electronic Depot 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. Only account holders that are in good standing may make purchases at the Website and receive additional account holder's benefits.
Your Promise to Pay: You agree to pay the minimum payment due shown on each monthly electronic bill/paper statement. All payments must be received on the date indicated on the electronic bill/paper statement. Bargain Electronic Depot 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.
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, Bargain Electronic Depot 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. Bargain Electronic Depot Membership: As a Bargain Electronic Depot Member and Bargain Electronic Depot Account holder, Upon activation with Bargain Electronic Depot, you are bound by the User Agreement provided at the enrollment site.
Plan Limitations and Restrictions: Access to member benefits is 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. Bargain Electronic Depot 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.
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 two weeks for resolution after we receive the report and statement. Fax: 1-888-767-0393
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.
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 Bargain Electronic Depot and the Service and to apply for a Bargain Electronic Depot 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.
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. Bargain Electronic Depot 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. Bargain Electronic Depot 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 Bargain Electronic Depot 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, Bargain Electronic Depot 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.
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 Bargain Electronic Depot does not constitute a waiver of any right in such information and/or materials.
Indemnification: You agree to indemnify, defend and hold Bargain Electronic Depot, 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.
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. Bargain Electronic Depot 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, Bargain Electronic Depot 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 Bargain Electronic Depot 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, Bargain Electronic Depot 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.
Third Party Websites: The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because Bargain Electronic Depot has no control over such third party websites and/or resources, you hereby acknowledge and agree that Bargain Electronic Depot is not responsible for the availability of such third party websites and/or resources. Furthermore, Bargain Electronic Depot 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. 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, Bargain Electronic Depot 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 Georgia 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 Georgia 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 Gwinnett County, Georgia, 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.
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. Bargain Electronic Depot account holders are responsible for maintaining a valid email address on or for their account.
Miscellaneous: This Agreement shall be treated as though it were executed and performed in Snellville, Georgia, and shall be governed by and construed in accordance with the laws of the State of Georgia (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.
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 Bargain Electronic Depot is true, accurate and verifiable. The information concerning costs and fees associated with my Account is accurate as of __________, ______, 20___. I understand that these costs and fees, and any other term associated with my Account, may change at anytime, in the sole discretion of Bargain Electronic Depot. I understand that my only recourse to any changes in terms is the cancellation of my Account in accordance with this Agreement.
Printed Name Bargain Electronic Depot LLC
____________________ ____________________ ________________________
Signature Date Date