Revolving Credit Agreement
Peddle Pocket Inc. Revolving Credit Account Agreement
Part I - GENERAL TERMS AND CONDITIONS
- ACCEPTANCE OF AGREEMENT. This Agreement governs the use of my Peddle Pocket Revolving Credit Account. I have read and kept this Agreement for my records. The application I signed or otherwise submitted (including any accompanying federal and state notices) is part of and is incorporated into this Agreement. My electronic signature on the application I submitted to Peddle Pocket requesting a Revolving Credit Account represents my signature on this Agreement and each use of the Account confirms my agreement to the terms and conditions stated in this Agreement, as they may be amended from time to time. This Agreement begins on the earlier of the date that Peddle Pocket approves my application, or the date that Peddle Pocket allows me to use my Account. If Peddle Pocket approves my application and issues an Account to me, I agree to pay Peddle Pocket all amounts owed under this Agreement.
- CHANGE IN TERMS. Peddle Pocket has the right to change any term of this Agreement at any time, including without limitation any Annual Percentage Rate, any other rates and fees, and may add or delete fees and other provisions relating to my Revolving Credit Account, and to the nature, extent and enforcement of the rights and obligations I may have under this Agreement. If permitted by applicable law, the change may be applied to any amount I owe Peddle Pocket in connection with my Revolving Credit Account at the time of the change. Peddle Pocket will give me written notice before the effective date of any such change, if required by applicable law.
- PROMISE TO PAY. I agree to pay in US dollars for all purchases, or fees incurred by me or anyone I authorize or permit to use my Revolving Credit Account, even if I do not notify Peddle Pocket that others are using my Revolving Credit Account. All checks must be drawn on funds on deposit in the United States. If my Revolving Credit Account is a joint account, all account holders agree to be liable individually for the entire amount owed on the Revolving Credit Account. Peddle Pocket can accept late payments or partial payments or checks and money orders marked "payment in full" without losing its right to receive the full amount owing on my Revolving Credit Account or any of its other rights under this Agreement. I agree to address all communications concerning disputed debts, including instruments tendered as full satisfaction of debt, to the following address:
PO BOX 9067 GLENDALE CA 91226
- MISREPRESENTATION. In the event that any information given to Peddle Pocket in connection with my application or any future transaction involving my Revolving Credit Account is false or misleading, Peddle Pocket reserves the right to terminate this Agreement and take any and all legal action available under applicable law.
- CANCELLATION. Peddle Pocket has the right at any time to terminate my Revolving Credit Account and this Agreement as each relates to future purchases or to limit or cancel my Revolving Credit Account privileges, for any reason not prohibited by applicable law and with only such notice as is required by applicable law. I may terminate this Agreement, by notifying Peddle Pocket in writing. Termination of this Agreement, or any limitation or cancellation of my Revolving Credit Account, will not affect my liability with respect to previous balances, and I will still be responsible for paying any outstanding balance or other amounts I owe Peddle Pocket according to the terms of this Agreement. Peddle Pocket specifically reserves the right to close my current Peddle Pocket Revolving Credit Account or to cancel my Peddle Pocket Revolving Credit Account based on the delinquency of any of my other Peddle Pocket Revolving Credit Accounts.
- GOVERNING LAW; ENFORCEABILITY. I understand that this Agreement is governed by and construed in accordance with the laws of the United States. To the extent state law applies to this Agreement, this Agreement will be governed by the laws of the state of California. Any credit extended to me by Peddle Pocket is extended in and from California, regardless of where I reside or use my account. I agree that if a dispute arises and I file suit against Peddle Pocket, service of process on Ox Peddle Pocket may be made only at Peddle Pocket’s Registered Agent in California. If any part of this Agreement becomes unenforceable, it will not make any other part of this Agreement unenforceable.
- RESERVATION OF RIGHTS. Peddle Pocket reserves the right not to assess part or all of any fee or other amounts, or not to exercise any other of its rights pursuant to this Agreement, and, by doing so, Peddle Pocket will not have waived its right to assess such fee or other amounts or exercise other rights pursuant to this Agreement in the future.
- CREDIT REPORTING; INACCURATE INFORMATION. I hereby authorize Peddle Pocket at its discretion to furnish information concerning my Revolving Credit Account to consumer reporting agencies and others who may properly receive such information. I may provide written notification to Peddle Pocket, PO BOX 9067 GLENDALE CA 91226, if I believe Peddle Pocket has information about me that is inaccurate, or that Peddle Pocket has reported or may report to a consumer reporting agency information about me that is inaccurate.
- ASSIGNMENT. I may not sell, assign, or transfer my Revolving Credit Account without first obtaining Peddle Pocket 's prior written consent. Peddle Pocket may assign my open Revolving Credit Account under this Agreement without prior notice to me.
- USE OF ACCOUNT. I understand and agree that I may use my Revolving Credit Account only for personal, family and household purposes, and I may not use my Revolving Credit Account for any illegal purpose. If my application is for a joint Revolving Credit Account, after approval, each applicant shall have the right to use the Revolving Credit Account to the extent of any credit limits for the Revolving Credit Account, and each applicant may be liable for all amounts owed under this Agreement to any joint applicant.
- CHANGE OF RESIDENCE. If I move, I agree to promptly notify Peddle Pocket of my new address.
- PRESERVATION OF CLAIMS AND DEFENSES. 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.
- MINIMUM PURCHASE REQUIREMENT.Peddle Pocket has a minimum purchase requirement of a minimum of $100 per six month period. This amount may be changed when notice is provided to customer. Some accounts require additional minimum purchase requirements.
NEW JERSEY RESIDENTS: Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions.
None of these provisions are void, unenforceable or inapplicable within New Jersey.
PART II - REVOLVING CREDIT ACCOUNTS
MONTHLY PAYMENTS. Each month, I agree to pay at least the Minimum Due shown on my monthly billing statement no later than the payment Due Date shown on the monthly billing statement. The Minimum Due is the sum of (i) the Current Due, calculated as shown under Part II, paragraph 2 below ("MINIMUM MONTHLY PAYMENTS"), which includes any "Other Charges," and (ii) any Past Due amount. I may at any time pay more than the Minimum Due, or pay off my entire Revolving Credit Account balance in full without incurring any additional charge. All payments must be mailed or delivered to Peddle Pocket at the address shown on my monthly billing statement. I must include my payment stub, and not send cash. If any payment does not conform to these requirements, the payment may not be credited to my Revolving Credit Account for up to five (5) days, or may be rejected. Any payment received by Peddle Pocket after 10:00 a.m. Pacific Standard Time (California) on any business day will be credited to my Revolving Credit Account on the next business day.
- MINIMUM MONTHLY PAYMENTS. The Current Due each month will be based on the following Payment Schedule:
MINIMUM MONTHLY PAYMENT/AUTOMATIC PAYMENT PLAN PAYMENT AMOUNT: I agree to pay at least the minimum payment amount shown on each billing statement. All payments must be received on or before the due date indicated on the billing statement or a late fee may be assessed. The Minimum Monthly Payment which must be paid every month (as long as My Account shows an outstanding balance) is calculated by finding the greater of a) 20% of the starting Account balance owed on My Account, or b) 20% of the new account balance if I made a purchase during the period between payments. This figure is the Minimum Monthly Payment ("Minimum Monthly Payment"). The Minimum Monthly Payment does not automatically decrease as My Account balance decreases. Should My new balance be less than $20.00, the payment due will be the amount of the new Principal Balance
- SPECIAL PAYMENT OPTIONS. From time to time Peddle Pocket may permit me the flexibility to skip one or more payments or take advantage of other options Peddle Pocket may make available. Peddle Pocket will provide me details of these special programs at the time they are offered.
- FINANCE CHARGES. There will be no periodic finance charge on my Revolving Credit Account.
- CREDIT LIMIT. I agree that Peddle Pocket will establish a Revolving Credit Line for this account and that this Revolving Credit Line will be the maximum amount upon which I may defer payment, subject to the Minimum Monthly Payment calculation described in Part II, paragraph 2 above ("MINIMUM MONTHLY PAYMENTS"). I agree that any purchases and Other Charges which cause my Current Balance to exceed my Revolving Credit Line shall be due and payable by the payment Due Date specified on the billing statement identifying such charges and that Peddle Pocket shall include such amount in the Current Due and Minimum Due for that billing period as described in Part Il paragraph 2 above. I will be advised of my initial Revolving Credit Line at the time I open my Revolving Credit Account. I agree that Peddle Pocket has the right to suspend or cancel my Revolving Credit Account under the terms of this Agreement. Peddle Pocket will identify any subsequent changes to my Revolving Credit Line on my periodic billing statements.
- DEFAULT. Peddle Pocket may, at its option, declare me to be in default if I fail to comply with any provision of this Agreement, including failing to make a required payment when due or exceeding my Revolving Credit Account credit limit, or if I file for bankruptcy or am otherwise insolvent, or if Peddle Pocket determines, in its sole discretion, that the prospect of payment on my Revolving Credit Account has become significantly impaired. If I am in default, (a) Peddle Pocket may require that I pay the entire balance on my account immediately, at any time (subject to any restrictions under applicable law), even though Peddle Pocket did not require me to pay the entire balance on any previous occasion when I was in default, and (b) I will pay all collection costs, including reasonable attorneys' fees and court costs, if Peddle Pocket refers my Revolving Credit Account for collection to an attorney other than a salaried employee of Peddle Pocket or the holder of the account, to the extent not prohibited by applicable law. Balances in default on my Revolving Credit Account may be set-off against any credit balances on any of my other Peddle Pocket Revolving Credit Accounts.
PART III - CONSUMER DISCLOSURE STATEMENTS
BILLING RIGHTS NOTICE - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL. If you think a bill is wrong, or if you need more information about a transaction on your bill, write to us (on a separate sheet) at PO BOX 9067 GLENDALE CA 91226. Write to us as soon as possible. We must hear from you no later than days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
Â·Your name and Account number.
Â·The dollar amount of the suspected error.
Â·Describe the error and explain, if you can, why you believe there is an error.
Â·If you need more information describe the item you are not sure about.
If you have authorized us to pay your bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE. We must acknowledge your letter within 30 days, unless the error has been corrected by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question.
If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we did not make a mistake, you may have to pay finance charges (if any), and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is settled.
If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct.
Peddle Pocket understands that your trust in us is our most important asset. In order to preserve that trust, we want you to understand our information practices and your rights to ask us not to share certain information about you. This policy applies with respect to all financial products and services we offer for consumer purposes.
- INFORMATION WE COLLECT. We collect nonpublic personal information about you from the following sources:
Â· Information we receive from you, such as information on applications or other forms, which may include your name, address, social security number and income;
Â· Information about your transactions with us or others, such as your account balance and payment history;
Â· Information we receive from consumer reporting agencies, such as your credit history and creditworthiness; and
Â· If you visit or contact us via the internet, we may collect information about you through "cookies" (bits of electronic information that a website can transfer to your computer's hard drive in order to facilitate online transactions).
"Nonpublic personal information" is nonpublic information about you that is personally identifiable and that we obtain in connection with providing a financial product or service to you.
- DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION. We do not disclose any nonpublic personal information about you to anyone, except as permitted by law.
- PROTECTION OF INFORMATION. We restrict access to nonpublic personal information about you to those individuals who need that information to provided products or services to you. In addition, we maintain physical, electronic, and procedural safeguards that comply with federal requirements to protect the confidentiality and security of nonpublic personal information.
- ADDITIONAL INFORMATION. This policy replaces all previous disclosures we may have provided you about our information practices. We reserve the right to change this policy, and to apply any changes to information previously collected, as permitted by law. We will inform you of any changes as required by law.
For purposes of establishing and maintaining credit, the undersigned submits the foregoing statement and information contained on this form, both written and printed, and including supplemental sheets, if any, as being a full, true, and correct statement of my financial condition and all above matters, on the
date stated. The undersigned agrees to notify you immediately in writing of any materially unfavorable change in financial condition or the above matters, and in the absence of such notice or of a new and full written statement, all matters herein may be considered as a continuing statement and substantially correct. The undersigned hereby authorizes Peddle Pocket, Inc., or its agents and assigns to inquire into, and receive any information concerning my character, reputation, personal characteristics, mode of living, and all information from creditors, which Peddle Pocket, Inc., deems relevant for granting and collection of the proposed borrowing.
The undersigned expressly authorizes any person, including but not limited to federal and state agencies or any of their vendors or contractors, to release to Peddle Pocket, Inc., or its agents, any information. The undersigned acknowledges and consents to Peddle Pocket, Inc., and/or any of its agents monitoring and recording telephone calls, regardless of which party initiates the call.