Bill Me Later Terms and Conditions

Bill Me Later^® is an open-end credit plan offered through CIT Bank, an industrial bank located in Salt Lake City, Utah (“the Lender”). By using Bill Me Later^® to complete this purchase, you apply for credit and you agree that you have read the Terms and Conditions; you authorize the Lender to review your credit report and you understand that this account is subject to Finance Charges and Late Fees and is governed by Federal law and the law of the state of Utah. You authorize the Merchant to share your personal information, including email address, with the Lender, and authorize the Lender to use that information for all lawful purposes in connection with the account.

The Terms and Conditions of Bill Me Later^® include the following:

• E-Sign Consent
• Important Disclosures
• Account Agreement
• Privacy Notice

Bill Me Later^® 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 Bill Me Later E-Sign Consent, the following definitions apply:
"I", "me" and "Borrower" mean the person who is asking to use Bill Me Later to make a purchase. "You" and "Lender" mean the Lender and any person, company or bank to whom the rights of the Lender have been assigned. "Bill Me Later Payment System" is your payment system, which allows me to pay for purchases from participating Merchants by charging the costs to my Bill Me Later Account. It may be called simply "Bill Me Later".

2. 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 all important communications, billing statements and disclosures (“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 rather than in paper form.
• You will alert me when the Disclosure is available, by sending me an electronic communication.
• Your email will tell me how I can view the Disclosure.
• You will make the Disclosure available to me for not less than 90 days from the later of: the date it first became available to me or the date you sent me the email to alert me that it was available.
• I will be able to print a copy of the Disclosure or download the information for my records.
• This consent applies to this transaction, to all future Disclosures on this Account, to all future transactions in which I use the Bill Me Later 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 Bill Me Later E-Sign Consent
• Bill Me Later Important Disclosures
• Bill Me Later Account Agreement
• Privacy Notice

3. WHAT I WILL NEED. I understand that in order to access and retain the electronic Disclosures I will need the following:

• A computer with an Internet connection
• A current web browser that includes 128-bit encryption. (Minimum recommended browser standards are Microsoft Internet Explorer version 6.0 and above, Firefox version 1.5 and above, or Safari 2.0 and above.) The browser must have cookies enabled.
• A valid email address.
• Sufficient storage space to save past Disclosures OR an installed printer to print them.
• If I use a spam filter that blocks or re-routes emails from senders not listed in my email address book, I must add customercare@bill-me-later.com to my email address book.

4. REQUESTING PAPER DOCUMENTS AND WITHDRAWING CONSENT. I understand that I may request paper copies of the Disclosures within 180 days of the date of the Disclosure, and that you will provide them to me by mail at no charge. I understand that I have the right to receive these Disclosures in paper form and that I may withdraw my consent by logging into www.billmelater.com and going to "Manage Account". I can also request paper copies and/or withdraw consent by contacting you at:

Bill Me Later
PO Box 2394
Omaha, NE 68103-2394

5. UPDATING EMAIL ADDRESS. At any time, I can update the email address to which you will send alerts that my Disclosure is available. I can change my email preferences by logging into www.billmelater.com and going to "Manage Account." I can also do this by contacting you at:

Bill Me Later
P.O. Box 2394
Omaha, NE 68103-2394

6. LEGAL EFFECT. By consenting, I agree that electronic Disclosures have the same meaning and effect as if you provided paper Disclosures to me as you are required to do so. When you send me an email alerting me that the Disclosure is available electronically and make it available online, that shall have the same meaning and effect as if you provided a paper Disclosure to me, whether or not I choose to view the Disclosure, unless I had previously withdrawn my consent to receive Disclosures electronically.

7. GENERAL. I understand and agree that you reserve the right to cancel this electronic Disclosure service, change the terms of use of this service or send Disclosures in paper form at any time.  I understand and agree that you are responsible for sending notice of the Disclosures to me at the email address I have provided, but are not responsible for any delay or failure in my receipt of the email notices. 

Bill Me Later^® 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 Standard and Promotional Purchases.  From time to time Lender may offer Standard Purchases or 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, Promotional Purchases subject to a Deferred Payment option, and Promotional Purchases subject to a Deferred Interest option) to zero or to a credit balance. The Grace Period does not apply to a Promotional Purchase subject to a Deferred Payment option or subject to a Deferred Interest 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.

Bill Me Later^® Account Agreement

This Agreement sets forth the terms and conditions of the Bill Me Later Credit Account (the "Account") offered through CIT Bank, an industrial bank located in Salt Lake City, Utah (“the Lender”). Please read this Agreement and keep a copy.

1. DEFINITIONS. In this Bill Me Later Account Agreement, the following definitions apply:

"Agreement" means the Bill Me Later Important Disclosures, Account Agreement, and any amendment or addendum to this Agreement.
"Bill Me Later Payment System" is the payment system which allows me to pay for purchases from participating Merchants by charging the Costs to my Account. In this Agreement it may be called simply "Bill Me Later."
"Purchases" are loans made on the Account to the Borrower, when the Borrower chooses the Bill Me Later Payment System to pay for a purchase from a Merchant.
a. Parties to this Agreement.
"I", "me" and "Borrower" mean the person who applied for this Account and agrees to this Agreement.
"You" means the Lender, and any person, company or bank to whom the rights of the Lender have been assigned.
b. Other Parties.
"Bill Me Later, Inc.", located in Timonium, Maryland, developed Bill Me Later and provides services for the Lender, such as processing transactions, keeping records, sending billing statements and providing customer service.
("Bill Me Later" is a registered trademark of Bill Me Later, Inc.)
"Merchant" means a merchant participating in and authorized to accept the Bill Me Later payment option.
c. Parts of the Account.
i) Revolving Parts.
"Standard Purchases" are subject to the standard repayment terms and Annual Percentage Rate of the Account.
"Promotional Purchases" may be subject to special, promotional repayment terms and/or Annual Percentage Rate for all or part of the time they are unpaid. Promotional Purchases are subject to the standard repayment terms and rate, except to the extent that the promotional offer states different terms. Some Promotional Purchases may be subject to a Deferred Payment option, such as "no payments for 90 days," or a Deferred Interest option such as “no interest if paid in full”.
(ii) Installment Parts.
"Installment Purchases" are loans from the installment part of the account, which will be repaid in monthly installments called "Monthly Plan Payments."
"Interest-free Installment Purchases" will not be subject to Finance Charge imposed by the Lender, if Borrower pays the balance in full by the End Date.
"Financed Installment Purchases" will be subject to a Finance Charge imposed by the Lender.
d. Other Definitions used in this Agreement.
"Billing Cycle" means the time between the dates on which you prepare billing statements, or would have prepared them if statements were required under the paragraph of this Agreement called "Billing Statements." The Billing Cycle will end on approximately the same day of each month. You may change the day the Billing Cycle ends, at your option. The Billing Cycle will end on any day that you or I Terminate the Account.
"Closed-end Loan" means a closed-end loan from the Lender to the Borrower, the proceeds of which are paid to a Merchant to pay the Cost of Borrower's purchase from the Merchant, using Bill Me Later, at a time when the Borrower does not have an active Account.
"Cost" means the price of any item I purchase from a Merchant using Bill Me Later, plus any fee or charge I agree to pay the Merchant, including Finance Charges, the cost of shipping and taxes, less any applicable discount or credit offered by the Merchant.
"End Date" is the Payment Due Date of the final Monthly Plan Payment on an Installment Purchase.
"Expiration Date" is the date a Deferred Payment option or a Deferred Interest option on a Promotional Purchase ends.
"Grace Period" means the time during which you will not charge a Finance Charge or any fees on Standard and Promotional Purchases. The Grace Period does not apply to a Promotional Purchase subject to a Deferred Payment option or subject to a Deferred Interest option.
"Payment Due Date" means the date which will appear each month as the "Payment Due Date" on the billing statement. The Payment Due Date will be not less than 25 days after the last day of the Billing Cycle (the Statement Date).
"Termination" means that I will no longer be able to obtain loans or any extension of credit on this Account. Termination affects the Account permanently, at the sole discretion of the lender.

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 Bill Me Later Payment System 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.
b. Using Bill Me Later after I receive this Agreement. If I obtain a Closed-end Loan from you, you may send me information about Bill Me Later, including this Agreement. By using Bill Me Later after I receive this Agreement, I agree to this Agreement.

4. HOW I CAN OBTAIN LOANS ON THIS ACCOUNT.

a. Standard and Promotional Purchases. I can obtain loans on this Account by choosing the Bill Me Later Payment System 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.
b. Installment Purchase. You may offer me the opportunity to make purchases from some Merchants as Installment Purchases. You may offer this as the only method I can use to make a purchase from a Merchant, or as an option to the Standard Purchase method. If I make an Installment Purchase, the Merchant will inform me if it is a Financed Installment Purchase and of the payment amount and terms, before I agree to the purchase.
c. Refinance of Closed-end Loan. If I have any unpaid Closed-end Loans from you at the time I open this Account, I request that you refinance the Closed-end Loans by making a loan from this Account. The loans will be from Installment Purchase parts of the Account, subject to the same Finance Charges, if any, payment terms and End Dates as the Closed-end Loans that were refinanced. 
d. Other Agreements about Obtaining Loans.
(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. 
(ii) You may charge my Account for Purchases. I authorize you to charge this Account for the Cost of any purchase I, or anyone to whom I have given permission to use this Account, make from a Merchant using Bill Me Later. I understand that the amount that you actually pay to the Merchant may be less than the Cost, because the Merchant may agree that you may retain a portion of the Cost in order to participate in Bill Me Later.
(iii) You may charge my Account for Finance Charges and Other Charges. I authorize you to charge this Account for Finance Charges, any Other Charges, costs of collection, and amounts that I agree in this Agreement to pay.

5. MY PERSONAL INFORMATION. Each time I choose Bill Me Later, 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, servicing my Account 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 Bill Me Later, its features, and the benefits of using Bill Me Later 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 www.billmelater.com website,  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.

b. To give you personal financial information about me that you may reasonably request, from time to time.

c. To pay all costs of collection if you take any action to collect this Account or take any action in a bankruptcy proceeding filed by or against me, if you are permitted by applicable law to charge those costs. This shall include, unless prohibited by applicable law, reasonable attorneys' fees and expenses to the maximum amount permitted by applicable law.

d. Not to give you false information or signatures, electronic or otherwise, at any time.

e. To pay a Late Fee and Return Check Fee, as provided in this Agreement.

f. To make all payments by check, money order, or other legal instrument in U.S. Dollars, so that you receive it at the remittance address disclosed on the billing statement. If I make a payment using a non-standard check, money order or other instrument, I agree to pay your costs of processing the payment. This includes, among other things, oversized and undersized instruments, instruments using non-standard materials, instruments in a non-standard format, and any other non-standard instrument that requires special handling.

g. That when I make a payment on this Account by check, I authorize you to use information from my check to make a one-time electronic fund transfer from my account.  In certain circumstances, such as for technical or processing reasons, you may process my payment as a check transaction.  When you use information from my ch