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Direct Merchants Credit Card Bank, NA AccountCentral?Create User Agreement
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PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE
AccountCentral?Create User Agreement
As used in this AccountCentral?Create User Agreement ("Agreement"), "you" or "your" refers to each person using or accessing the AccountCentral?Create web site ("Site") provided by Direct Merchants Credit Card Bank, NA (“Bank”) and "we", "us", or "our" refers to the Bank and any affiliate, agent, independent contractor, designee, or assignee the Bank may, at its sole discretion, involve in providing this Site or the products and services offered on the Site.
WHEN YOU USE OR ACCESS, OR PERMIT ANY OTHER PERSON(S) TO USE OR ACCESS THE SITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. WE MAY AMEND OR CHANGE THIS AGREEMENT (INCLUDING APPLICABLE FEES AND SERVICE CHARGES) FROM TIME TO TIME, IN OUR SOLE DISCRETION, BY SENDING YOU WRITTEN NOTICE BY ELECTRONIC MAIL OR BY REGULAR MAIL (SENT TO YOUR ADDRESS AS IT APPEARS ON YOUR ACCOUNT RECORDS) OR BY POSTING THE UPDATED TERMS ON THE SITE. PLEASE ACCESS AND REVIEW THIS AGREEMENT REGULARLY. IF YOU FIND THE AGREEMENT UNACCEPTABLE TO YOU AT ANY TIME, YOU SHOULD DISCONTINUE YOUR USE OF THE SITE.
These terms and conditions are in addition to those that apply to any accounts you may have with the Bank. Where appropriate, please review those specific terms and conditions.
AccountCentral?Create
AccountCentral?Create is a financial services web site offering a variety of content, products and services. By registering for and using this Site, you represent and warrant that you are at least 18 years of age. You have a nonexclusive, limited and revocable right to access the Site for your personal use only. You agree not use the Site for any other purpose including, without limitation, commercial purposes, such as co-branding, framing or linking, without our prior written consent. We may terminate, suspend or limit your access privileges to the Site, in whole or in part, in our sole discretion, at any time without prior notice.
Conflicting Terms
Certain sections or pages within this Site may contain separate terms and conditions, which are in addition to the terms and conditions in this Agreement. In the event of a conflict with this Agreement, the specific additional terms and conditions within the Site will govern for the applicable sections or pages. The accounts and other relationships you maintain with us may be subject to separate agreements. In the event of a conflict between the terms of this Agreement and any other agreements you have with us including, without limitation, your Cardmember Agreement, the terms of your other agreement(s) will control.
Equipment.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware, software, and Internet access services necessary to use or access any aspect of AccountCentral?Create. We are not responsible for any errors or problems that arise from the malfunction or failure of your hardware, software, or any Internet access services.
Account Information, User IDs, PINs and Passwords
To access account information on the Site, you must provide a User ID and a password to enter the secure area of the Site. If you do not provide this information, we cannot register you to enter or use AccountCentral?Create.
To prevent unauthorized access to your account(s) and to prevent unauthorized use of AccountCentral?Create, you agree not to provide any account number, PIN, User ID, Password, or other means of accessing your account(s) (“Access Information”) to any person not authorized to access them. The loss, theft, or unauthorized use of your Access Information could cause a third party to make charges against your account or perform other transactions. If you permit any other person or entity to use AccountCentral?Create or to access or use your Access Information, you assume all risks and losses associated with such disclosure and you may be responsible for any transactions and activities on your accounts. If you believe someone may attempt to use or has used AccountCentral?Create without your permission, or that any other unauthorized use of your Access Information has occurred, you agree to immediately notify us by calling the telephone number shown on the back of your credit card or monthly statement.
Linking
Our Site may contain links to, or be linked from, web sites controlled or offered by third parties (non-affiliates of ours). We disclaim liability for any information, materials, products or services posted or offered at any of the third party sites linked to or from this Site in any manner. By creating a link to, or being linked from, a third party web site, we do not endorse or recommend any products or services offered or information contained at that web site, nor are we liable for any failure of products or services offered or advertised at those sites. We are not responsible for the content or accuracy of any third party web site and shall not be responsible for any loss or damage of any sort resulting from your use of a link.
When you visit a third party web site linked from, or to, AccountCentral?Create, you will no longer be protected by our privacy policy or security practices. The data collection, use and protection practices of the linked site may differ from our own practices. You should familiarize yourself with the privacy policy and security practices of the linked web site, as those will apply to your use of the linked web site.
Risk of Loss
In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
Use Of Information And Materials
The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of this web site, misuse of passwords, or misuse of any information posted on this Site is strictly prohibited. Your eligibility for particular products and services is subject to our final determination.
Information Submissions
All information you submit to us via this Site or Internet electronic mail becomes our property and may be used by us in a manner consistent with our Privacy Statement. We shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information you provide us through this Site and shall not be subject to any obligations of confidentiality regarding such information except as otherwise specifically agreed or required by law.
Waiver
We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
WARRANTY DISCLAIMER
EXCEPT AS OTHERWISE PROVIDED IN ANY APPLICABLE AGREEMENT, YOU AGREE THAT YOUR USE OF ACCOUNTCENTRAL IS AT YOUR SOLE RISK AND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO ACCOUNTCENTRAL AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
LIMITATION OF LIABILITY
THIS AGREEMENT STATES OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY AS IT RELATES TO ACCOUNTCENTRAL. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY LOSS, INJURY, OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL, INCLUDING LOST PROFITS (COLLECTIVELY, “DAMAGES”), ARISING FROM, RELATED TO, OR IN CONNECTION WITH: 1) ANY ACCESS TO OR USE OF ACCOUNTCENTRAL OR ANY LINKED SITE; 2) THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, EQUIPMENT, SOFTWARE, OR ANY INTERNET ACCESS SERVICES; 3) THE INABILITY OF ANY PARTY OR PERSON TO USE THIS SITE; OR, 4) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Intellectual Property
Trademarks and service marks on this Site are the property of Metris Direct, Inc. (“Metris”), its affiliates, or third parties with whom we have a business relationship. Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Metris unless otherwise indicated. Regardless of which entity owns the intellectual property contained on this Site, you agree not to use (other than utilizing this Site for its intended purposes), transmit, or disseminate any material that is subject to protection of the copyright, patent, trademark, service mark, or trade secret of any person, organization or entity without the prior express permission of the owner of such intellectual property rights.
Indemnity
You are personally responsible for your conduct while using AccountCentral?Create and agree to indemnify and hold us and our affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of AccountCentral?Create or your violation of this Agreement or the rights of any third party.
Arbitration
Under certain circumstances (described below) you or we may elect to have a dispute heard by a neutral arbitrator rather than by a judge or jury. In such circumstances YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement. Decisions made by an arbitrator are enforceable and are subject to very limited review by a court.
You agree that any claim, dispute or controversy (whether in contract, regulatory, tort, or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to this Account or application for your account, or advertisements, promotions, or oral or written statements related to the Account, goods or services financed under the Account or the terms of financing, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties) or, except as specified below, the validity, enforceability or scope of this Arbitration Provision or the entire Agreement (collectively “Claim”), shall be resolved, upon the election of you or us or said third parties, by binding arbitration pursuant to this Arbitration Provision and the Code of Procedure of the National Arbitration Forum (or other appropriate organization as provided for below) in effect at the time the Claim is filed. A party who has asserted a claim in a lawsuit in court may elect arbitration with respect to any claim(s) subsequently asserted in that lawsuit by any other party or parties. The Code of Procedure, rules and forms of the National Arbitration Forum may be obtained by calling the National Arbitration Forum at (800) 474-2371, through their website at www.arb-forum.com, or by mailing your request to P.O. Box 50191, Minneapolis, Minnesota 55405. All claims shall be filed at any National Arbitration Forum office, or as otherwise specified in the Code of Procedure. If, for any reason, the National Arbitration Forum is unable or unwilling or ceases to serve as arbitration administrator, (or upon the reasonable objection of any party subject to arbitration of the Claim) an equivalent national arbitration organization utilizing similar arbitration rules shall be substituted by the party asserting a Claim. Claims shall be filed as provided under the Code of Procedure of the National Arbitration Forum or the substitute arbitration organization. No Claim may be arbitrated on a class action or multiple-party basis without written consent of both parties. Further, an arbitrator can only decide our or your Claim and may not consolidate or join the claims of other persons who may have similar claims. The validity and enforceability of the foregoing two sentences shall be determined by a court having jurisdiction. In the event the foregoing class action waiver is finally determined to be invalid or unenforceable, any class action or similar multiple-party arising from this Agreement shall be heard in a court of competent jurisdiction. Any participatory arbitration hearing that you attend will take place in the federal judicial district of your residence. Upon your written request to P.O. Box 550999, Jacksonville, FL 32255-0999, we will advance the first $500.00 of the arbitration filing and hearing fees for any Claim which you may file against us. The arbitrator will decide whether we or you will ultimately be responsible for paying any fees in connection with the arbitration. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’, and witness fees, regardless of which party prevails in the arbitration. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. Sections 1-16 as amended. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. This Arbitration Provision shall survive repayment of your loan or extension of credit and termination of your Account. If any portion of this Arbitration Provision is deemed invalid or unenforceable under the FAA, it shall not invalidate the remaining portions of this Arbitration Provision.
Governing Law
This Agreement is governed by all applicable Federal laws and the laws of the State of Arizona, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise.
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Direct Merchants Credit Card Bank Account Central User Agreement