After Reading the Truth in Lending Agreement, Please Click the "Apply Now" Button
This is a consumer credit contract.
In this Open End Credit Agreement:
"Account" means the open end credit account you establish with the Seller under this Agreement. "Agreement" means this Open End Credit Agreement and Truth In Lending Disclosures. "Application" means the form to which this Agreement is attached and that you signed. "Seller," "we," "us," and "our" refer to the Seller of goods from whom you purchase goods on credit under this Agreement, and any person to whom Seller assigns this Agreement. "You" means every individual who signs the Application for the Account and who is authorized to charge purchases of goods to the Account.
1. How Seller May Assign This Agreement: Seller may assign its interest in this Agreement to Tidewater Credit Services, LLC, P. O. Box 13306, Chesapeake, VA 23325. Phone 1-888-413-1083. Seller is not obligated to assign this Agreement to Tidewater Credit Services but can retain it or assign it to someone else.
2. Your Promise to Pay: You agree to pay for all purchases you charge to the Account, and all other charges assessed to the Account under the terms of this Agreement. When you sign the Application you agree to every term in this Agreement. Therefore, read this entire Agreement, including the cost-of-credit disclosures required by federal and/or state law, before you sign.
A. The Cost of Credit: (i) A finance charge will be charged to your Account from the date the goods that You purchased are delivered to You, or the date your Account is established with an Assignee, whichever is later. (ii) If Seller offers and you agree to participate in a deferred interest (SAME AS CASH)financing program, the Amount Financed on your monthly Billing Statement must be paid in full within the period of deferral, which starts on the date finance charges begin to accrue on Your Account, and You must make the Monthly Minimum Payment Due on Your Account on time during the period of deferral. In other words, finance charges will accrue on Your Account as provided in (i) above but those finance charges will be deferred if you make all minimum monthly payments on time during the period of deferral, and you pay the full Amount Financed before the end of the period of deferral. If you do those two things, you will have no obligation to pay the deferred interest.
B. Monthly Terms: Finance charges will be imposed at the applicable rate shown below in Sections C and F of this paragraph in a monthly billing cycle in which (a) there is an unpaid balance at the start of the billing cycle; or (b) your Account has a zero or credit balance at the start of the billing cycle and charges for new purchases are added to the Account before the billing cycle closing date, unless the law requires that we impose finance charges in another manner. At any time, you may pay your total unpaid balance including any accrued finance and/or other charges without a penalty.
C. Interest Rates, Finance Charges and Fees:
Annual Percentage Rate (APR) for Purchases
The APR varies by state. Refer to Section F of this paragraph.
Your due date is at least 30 days after the date your goods are delivered and monthly thereafter. No finance charge will be imposed in any monthly billing cycle (a) in which there is a zero balance at the beginning of the billing cycle unless charges for new purchases are added to the Account before the billing cycle closing date, or (b) in which payments received and credits issued, within 25 days after the cycle closing date shown on the monthly statement, equal or exceed the cycle opening balance.
Minimum Interest Charge
If you are charged interest, it will be no less than 50¢, except in DC, MD, NE & NC. See Section F.
For Credit Card Tips from the Federal Reserve Board
To learn more about factors to consider when applying for or using a credit card, visit the website of the Federal Reserve Board at http://www.federalreserve.gov/creditcard
Set-up & Maintenance Fees
$0 to $30. Late payment fees vary by state. Refer to Paragraph 9 below.
$0 to $25. Returned payment fees vary by state. Refer to Paragraph 8 below.
D. How We Compute the Finance Charge Using the Average Daily Balance Method: We compute the finance charge on the Account by applying the applicable monthly periodic rate shown in Section F of this paragraph to the average daily balance of the Account. To get each day's daily balance, we take the Account's balance at the beginning of the day, add any new purchases unless prohibited by law, and subtract all payments or credits, all unpaid late fees, all returned payment fees, and all unpaid finance charges. This gives us the daily balance. We then add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle, which gives us the Average Daily Balance. If you default under this Agreement, at our discretion we may calculate finance charge on the Account by using the simple interest method, if allowed by law.
E. Billing Error Rights:Information about your right to dispute transactions is included in Paragraph 23 of this Agreement.
F. Finance Charges: When we impose a finance charge, we apply the monthly periodic rate of 2% (ANNUAL PERCENTAGE RATE of 24%) to the Average Daily Balance (explained in Section D of this paragraph) unless you reside in one of the following states:
If you live in the State of:
We apply a monthly periodic rate of:
ANNUAL PERCENTAGE RATE
CO, GA, IN, MS, OK, TN, TX, VT,WV, WY
AL, CT, FL, HI, LA, MA, ME, MN, NC
1.75% under $500
If the finance charge resulting from application of the above stated monthly periodic rate is less than $.50, we will impose a minimum finance charge of $.50, except there is no minimum finance charge in DC, MD, NE and NC.
3. The Amount of Your Monthly Minimum Payment Due: Your monthly minimum payment due is the greater of $75 or 5% of the total amount of each unpaid invoice on the original date of an invoice, which will include any finance charges accrued during a billing cycle, plus other costs or charges that accrued during a billing cycle. If the unpaid balance on the account is less than 5% of the original amount, the minimum payment will be the unpaid balance. If you have multiple unpaid invoices, the minimum payment due will be 5% of the original amount of invoices, plus other fees and charges that accrued during a billing cycle, with a minimum of $75.00. The following are estimates of monthly minimum payments due for an Account with a good payment history:
Estimated Minimum Payment Due
Estimated Minimum Payment Due
$0 to $1,500
$4001 to $4500
$1501 to $2000
$4501 to $5000
$2001 to $2500
$5001 to $5500
$2501 to $3000
$5501 to $6000
$3001 to $3500
$6001 to $6500
$3501 to $4,000
$6501 to $7000
4. How We Will Apply Your Payments: We will apply payments we receive in the following order: first, to the oldest past due minimum payment due and late fees, then the next oldest past due minimum payment, etc.; second, to the current minimum payment due; third, to unpaid costs and fees arising under this Agreement, except we will apply payments in a different order where required by law.
5. What Happens if You Break Your Promises and Default:If you do not pay any Minimum Payment Due on time, or if the prospect of payment, performance, or realization of collateral is significantly impaired (only where permitted by law) the Account will be in default. Subject to any right you may have to cure the default, we may declare the entire unpaid balance on the Account due and payable (except in WI you will not be in default until you fail to make a Minimum Payment Due on 2 occasions in any 12-month period). We may also repossess goods in which we have a security interest, but will do so only when and in the manner permitted by law. If the Account is referred to an attorney who is not our salaried employee, you agree to pay our reasonable attorney's fees not to exceed 20% of the total amount due (not to exceed 15% of judgment in CT, not to exceed 15% of the total amount due in CO, IN and MO, and not to exceed 10% of any amount due over $500 in NJ), or such lesser amount as may be permitted by law, and our court costs as may be awarded by the court. No attorney's fees will be imposed in IA, KS, ME, NE, OH and WI in any amount or in any state where not permitted by law. In CA, CT, DE, NH, and PA, we will pay your reasonable attorney's fees if you prevail in a suit we bring against you or if you prevail in a suit you bring against us under this Agreement. New Hampshire residents: If you successfully assert a partial defense or counterclaim, the court may withhold part or all of any attorney's fees to which we may be entitled.
6. How You Must Contact Us If You Try to Settle the Account for Less Than the Total Unpaid Balance: All communications about disputed amounts, including any check or other payment instrument in any amount less than the total unpaid balance that is marked "paid in full," or that you otherwise tender as full satisfaction of a disputed amount, must be directed to customer service at our street address shown on your monthly statement.
7. Arbitration of Disputes-No Jury Trials or Class Actions: This paragraph describes Claims (defined in A below) that will be arbitrated instead of litigated in court. IF YOU DO NOT WISH TO ARBITRATE, DO NOT SIGN THE APPLICATION AND AGREEMENT.
A. "Claim" or "Claims" include, but are by no means limited to, all disputes, rights, actions and claims that arise out of the relationship between you and we which preceded, emanated from or directly or indirectly arose out of the relationship between you and we involving this Agreement, that sound in whole or in part: (i) in tort, whether unintentional, intentional, negligent or grossly negligent; (ii) in contract, whether expressed or implied; (iii) having a statutory basis, whether direct or indirect, including those arising under the Uniform Commercial Code or a consumer protection statute of a state that affects you and we and this Agreement, or that arises in whole or in part from a federal statute, including the Truth-in-Lending Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, FTC Act, or the Consumer Financial Protection Act of 2010.
B. You and we agree to arbitrate all issues, disputes and Claims that are in any manner related to the formation, interpretation, execution, performance and enforcement of this Agreement, including this agreement to arbitrate, and whether our agreement to arbitrate is void, voidable, is a contract of adhesion, fails for lack of consideration, is procedurally or substantively unconscionable, or is contrary to public policy. You and we agree that an arbitrator, not a federal or state court, not a federal or state regulatory agency, and not a public or private mediator, has the exclusive authority to resolve all Claims.
C. We or you have the right to require that each Claim be resolved by arbitration. A Claim will be arbitrated if (a) both we and you, or (b) only one or the other of we or you, exercise the right to require that a Claim be arbitrated. If, for example, we exercise our right to require that a Claim be resolved by arbitration but you do not exercise your right to require that the Claim be arbitrated, the Claim will be resolved by arbitration. If neither we nor you request arbitration, the Claim will not be resolved by arbitration and instead will be litigated in court. All arbitration will be pursuant to this Paragraph 7 and the American Arbitration Association ("AAA") Commercial Arbitration Rules (the "Rules") in effect when the Claim is made. We will substitute another nationally recognized arbitration organization using procedures similar to the Rules if AAA does not serve or if you ask that we do so. For the AAA Rules currently in effect, call AAA at 800-925-0155 or visit its website (http://www.adr.org).
D. If we or you request arbitration of a Claim, we and you will not have the right to litigate the Claim in court. This means (1) there will be no judge or jury trial on the Claim, (2) no pre-arbitration discovery will be permitted except as the Rules permit, and (3) you agree that in arbitrating a Claim that you will arbitrate your Claim only, and (4) no Claim can be arbitrated on a class basis, and (5) neither we nor you will have the right to participate as a representative or member of any class of claimants pertaining to any Claim subject to arbitration. Generally, the arbitrator's decision will be final and binding. There are other rights that you would have if you went to court that also may not be available in arbitration. Neither you nor we waive the right to arbitrate by filing suit, as long as no final judgment has been rendered.
E. Arbitration hearings for Claims by or against you will take place in the federal judicial district in which you reside. If you make a request to us in writing, we will temporarily advance to you the filing, administrative, and hearing fees for the arbitration of your Claim against us (but not if the Claim is against you) in excess of any filing fee you would have been required to pay to file the Claim in a state or federal court (whichever is less) in the judicial district in which you reside. At the end of the arbitration, the arbitrator will decide if you have to repay the advance (and if you do have to repay, you agree to do so). The arbitrator may make other rulings regarding your and our payment of filing, administrative, and hearing fees as are required by law or as necessary to assure that this Paragraph 7 is enforceable. Unless unlawful, we will pay our, and you will pay your, lawyers', experts' and witness fees in all situations related to arbitration.
F. Paragraph 7 is governed by the Federal Arbitration Act ("FAA"). The arbitrator will apply substantive law consistent with the FAA, will apply statutes of limitations and will honor all valid privilege claims. If the Rules and Paragraph 7 conflict, Paragraph 7 will govern. Judgment on the arbitrator's award may be entered in any court with jurisdiction. The arbitrator's decision will be final and binding, except (1) for any appeal right under FAA or (2) if the arbitrator's award is $0.00 or more than $100,000, you or we may appeal it to a three-arbitrator AAA (or other arbitration organization if one is substituted for AAA under Subparagraph C) panel, which will decide the appeal by majority vote. The appealing party will pay the appeal costs.
8. What You Agree to Pay if a Payment Is Returned for Insufficient Funds: If any check or electronic payment used to make payment on the Account is returned or dishonored for insufficient funds, we may impose a fee of $25 that will be charged to the Account, subject to exceptions in these states:
Returned Payment Fee
CT, ID, IN, MN, NJ, NY, SC, TN, UT
CA, KY, MI, MO, ND, TX,WI, WV
$15, if payment is returned after the second presentment.
DE, IA, ME, MA, NE, PA,WY
9. What You Agree to Pay if Your Payment is Late: If we do not receive a monthly minimum payment within 10 days of its due date (within 5 days in IA, MS, ND, NV, UT, WA and WI; within 15 days in ID, MA and ME; within 21 days in TX; within 30 days in NC; within 40 days following the billing date of the statement on which your minimum monthly statement first appears in RI), we will impose a late fee in the amount of $10, subject to the following exceptions:
AZ, KS, MO, NC
$10 ($5 if minimum payment is $25 or less in AZ, KS, and MO or if the account balance is less than $100 in NC)
CO, DC, IA, LA, TX
AL, ID, KY, WY
Greater of 5% of amount past due or $10
Lesser of 10% of account balance or $10
Greater of 5% of the amount past due or $5
Greater of 5% of amount past due or $5
NH, SD, WV, PA
Lesser of 5% of amount past due or $5 ($1.00 minimum in WV)
Greater of 5% of amount past due or $19
5% of the amount past due ($5.80 minimum; $14.50 maximum)
Greater of 5% of amount past due or $30
5% of the amount past due
Lesser of 10% of average balance from prior 30-day period if less than $100 or $10
Lesser of 5% of amount past due or $10
CT, DE, NM, TN
You agree that we will add late fees to the amount due on the Account. Indiana Residents: The amount of the late fee is subject to change as provided in Indiana Code #24-4.5-1-106.
10. You Grant Us a Security Interest In The Goods: You grant us and we reserve a purchase money security interest in all goods purchased on the Account to secure their unpaid purchase price. The security interest will exist until the unpaid purchase price for each item of goods is fully paid (in NY, not to exceed 5 years from date the purchase is posted to the Account). However, we do not take a security interest in CT, on any purchase under $150 in MO. Solely for the purpose of determining the unpaid purchase price due for each item of merchandise, the principal portion of your payments will be applied to the purchase price of each item (including sales tax, delivery charges and other charges directly related to the purchase of the goods) in the order in which they were charged to the Account. Where goods are purchased on the same date but under separate invoices, payments will first be applied to the invoice with the lowest total purchase amount.
11. How We May Cancel or Limit Your Credit: We have the right at any time to limit or terminate the use of the Account and raise or lower the credit limit without giving you advance notice. After the Account is open, later purchases may require our prior authorization. In that case, you may be asked to provide identification. If our authorization system is not working, we may be unable to authorize a transaction even if you have sufficient available credit. We will not be liable to you if this happens. We are not responsible for the refusal of anyone to accept or honor an additional purchase on the Account. If you close the Account, you remain responsible for any unpaid balance.
12. How The Account May Be Closed If It Is Not Used: We will treat the Account as voluntarily closed if: (1) It has a zero balance; and (2) You do not use any of its available credit within 180 days of the balance reaching zero. You must either charge a purchase to the Account or notify us in writing that you want the Account to remain open to avoid its closure.
13. How WeMay Change this Agreement: We may change any term of this Agreement, including the finance charge rate, by furnishing you 45 days advance notice of the change and a right to opt out to the extent required by law. If permitted by law, we may apply any new terms to existing Account balances and later transactions.
14. How WeMay Investigate and Report Your Credit: You authorize us to investigate your credit history by obtaining credit reports and making direct inquiries of businesses including, but not limited to, where you have accounts, places where you work(ed), and your landlord(s). We may request credit reports from credit reporting agencies to consider your Application and in connection with updates, renewals, extensions of additional credit or collection of the Account. If you request, we will tell you if a credit report was requested and the name and address of the credit reporting agency that furnished the report. You also authorize us to report your performance under this Agreement to credit reporting agencies, and others who may legally receive such information. Notice: we are required to tell you that a negative credit report reflecting on your credit record may be submitted to credit reporting agencies if you fail to fulfill the terms of your credit obligations.
15. How You May Dispute the Accuracy of Credit Information We Report About You: If you believe we have reported inaccurate information about you to a credit reporting agency, please contact us at the address for Seller on the invoice for the goods you purchased, or if this Agreement is assigned to Tidewater Credit Services at P.O. Box 13306, Chesapeake, VA 23325-3306. When you contact us, identify the information in question, tell us why you believe it is inaccurate, and provide any documentation that supports that belief. If you have a credit report that includes the information that you believe is inaccurate, send a copy of that report to assist our investigation.
16. How We Do Not Waive Our Rights: You agree we have the right to delay or refrain from enforcing our rights under this Agreement without waiving them. For example, and without limitation, we may extend the time you have to make a payment without extending the time to make any other payment(s); we may accept late or partial payments without waiving our right to demand that future payments be made in full when they are due; and we may forgive a particular charge or fee without waiving our right to impose that charge or fee in the future.
17. How WeMay Monitor and/or Record Telephone Calls: To assure that you receive the best possible customer service and that our employees comply with the law and our policies, telephone calls may be recorded or listened to by additional employees.
18. How You Must Notify UsWhen Your Address Changes: You agree to promptly notify us in writing of your new address if you move or change your mailing address. Until you give us notice of a new address, we may send monthly statements and other notices to the address we have on record for the Account.
19. What Law Governs This Agreement: The law of the state in which you applied for the Account will govern this Agreement. If you move to another state, the terms, rates and provisions under which this Agreement originated will continue to apply until and unless you make an additional purchase under this Agreement. At such time, the terms, rates and provisions of the state in which the additional purchase occurs will govern all balances then owed.
20. When This Agreement Becomes Effective: This Agreement is not effective until we approve your Application and you or someone authorized by you signs an invoice or otherwise charges a purchase to the Account. This Agreement includes all provisions of, disclosures made and options selected in your Application, these Truth-in-Lending Disclosures, invoices, order forms or other documents that describe the goods you have purchased, and monthly billing statements.
21. What Happens to Information Provided In Your Application: The information you provide in the Application is incorporated into this Agreement by this reference.
22. Additional Federal and State Law Disclosures:
Notice to Maryland Residents: This Agreement is governed by Subtitle 9, Title 12 of the Maryland Commercial Law Article.
Notice to Texas Residents:
To contact Tidewater Credit Services about this Account, call 1-888-413-1083. This contract is subject in whole or in part to Texas law which is enforced by the Consumer Credit Commissioner, 2601 N. Lamar Boulevard, Austin, Texas 78705-4207; (800) 538-1579; www.occc.state.tx.us, and can be contacted relative to any inquires or complaints.
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS AND SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
23. YOUR BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at the address listed on your statement. In your letter, give us the following information:
You must contact us:
What Will Happen After We Receive Your Letter.
When we receive your letter, we must do two things:
While we investigate whether or not there is an error:
After we finish our investigation, one of two things will happen:
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases.
If you are dissatisfied with the goods or services that you have purchased with your Open End Credit account, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
If all of the criteria above are met and you are still dissatisfied with the purchase contact us in writing at: the address for Seller on the invoice for the goods you purchased, or if this Agreement is assigned to Tidewater Credit Services, to
Tidewater Credit Services, LLC
P.O. Box 13306
Chesapeake, VA 23325-3306,
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.