Terms and Conditions

EFFECTIVE March 16, 2021

This Document contains the Purchase Agreement and the Terms and Conditions of becoming a Hutton Chase Revolving Credit Account Holder.

BY ACCESSING AND/OR USING THE Hutton Chase WEBSITE (THE "WEBSITE") AND/OR OUR SERVICE (THE "SERVICE"), YOU AGREE TO COMPLY WITH, AND BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT").

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how claims you and Hutton Chase may have against each other are resolved (see the Section on “Dispute Resolution” below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration.

This Website is not directed towards residents of the European Union. Under no circumstances are residents of the European Union permitted to visit our Site and share their personal information.  

 

Purchase Agreement 

Notice -- Read This

WHEN YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT ELECTRONIC RECORDS POLICY, REVOLVING CREDIT ACCOUNT AGREEMENT AND OFFER DETAILS.

THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM HUTTON CHASE (THE “SELLER”) AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.

YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT OR SERVICE TO YOU. YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.

YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.

 


 

 

 

 

 

 

 

 

 

Hutton Chase products require a minimum initial down payment and shipping cost be paid at the time of order. The balance of the purchase will be financed using your line of credit with ZERO (0.00%) Percent Interest.   Some of the electronic items also require that the first monthly payment be made before the product is shipped.  You agree to pay the total minimum monthly payment reflected on your account.  You may pay more than the minimum payment.  The total minimum payment will be calculated based on purchases at the end of each month, with a minimum due of $30.00 or balance of account if less.

Should the Hutton Chase account become inactive, it may result in a decrease of credit limit or closure of account.

 

*AUTHORIZATION TO CHARGE: 

I, Buyer, authorize Hutton Chase to debit the credit or debit account indicated in this web form, for the noted amount on today’s date. I understand that because this is an electronic transaction, these funds may be withdrawn from my account as soon as the above noted transaction date. *If the Transaction is rejected for Non-Sufficient Funds (NSF), you may be charged a $20.00 NSF Fee that can be added to your balance if not brought current.  No NSF fee will be charged if your state of residence is DE, MD, NE or WY.  I acknowledge that the origination of transactions to my account must comply with the provisions of U.S. law. I will not dispute merchants debiting my checking/savings account, so long as the transaction corresponds to the terms indicated in this web form.

 

PARTIES TO THIS AGREEMENT AND DISCLAIMER

The parties to this agreement are the website or its owners, hereafter "SELLER," and you, the prospective purchaser, hereafter "BUYER". Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as "THIRD PARTY OR THIRD PARTIES." The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as "RECIPIENT".

 

SUBJECT MATTER OF THIS PURCHASE AGREEMENT 

The subject matter of this agreement is a product or service described in promotional or sales materials on this website and/or in an email referencing this website, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the product or service that is the subject matter of this Purchase Agreement. This bundle of offerings, including additional items promoted on the order page, shall, together, be termed ‘product’ throughout this agreement but the word ‘product’ shall mean all elements offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional materials.

Credit Reporting: 

Your Account With Hutton Chase Corporation Will Be Assigned to report Within Approximately Sixty (60) Days From The Date That Your Account Is Approved And A Purchase Of Products Is Made If The Account Is Active At That Time. While Payments Are Due On Your Account During This First Sixty (60) Days, Your Account May Not Be Reported. Credit Reporting During The Term Of This Agreement Is Not Guaranteed.  You May Be Subject To A Hard Inquiry On Your Credit Report.

Hutton Chase does not accept Authorized Users on any account.

Return/Refund Policy

Hutton Chase Warranty & Support: Please call Customer Support at 888-233-7748. You may also mail requests to Hutton Chase Corp. P.O. Box 91477 Mobile, AL 36609 ATTN: Warranty Department.

Return Policy: Items can be returned or exchanged in original condition within 60 days. Returns will not be accepted after 60 days. Shipping and handling charges are non-refundable. Return postage is the responsibility of the customer. Some returns may be subject to an additional Return Shipping Fee. Product concerns beyond the return period must be handled under the manufacturer's warranty. If you use your Hutton Chase Line of Credit Account, you must continue to pay the minimum amount due according to your monthly billing statement until your return has been processed and the credit is reflected on your statement. If the minimum payment is not received,it will negatively affect your credit bureau reporting.

Return postage is the responsibility of the customer, except for damaged or defective items, duplicate items or items that you did not order. Final determination of product condition is subject to our inspection. All other returns will be charged for return shipping and will be deducted from your credit according to the weight of the package:

  • Mobile devices can be returned only if defective or damaged and exchanges are for an identical device within 30 days.

  • Music, movies, video games, and software must be returned unopened with the factory seal intact and exchanges are for identical item only within 30 days.

  • Computers, televisions, tablets, e-readers (and other devices that connect to the internet), camcorders, digital cameras, video game systems, drones, air conditioners, heaters, generators, air mattresses, and holiday decorations must be returned within 30 days.

  • Items that are damaged and not returned in original manufacturer's packaging may be denied a refund or exchange.

  • Products sold in sets must be returned as complete sets; partial returns will not be accepted.

  • Personalized or customized products can only be returned if damaged or defective and exchanges are for identical item only within 30 days. May be returned if damaged or defective within 30 days and exchanges are for identical item.

  • Gift cards, holiday decor and perishable items cannot be returned.

  • Other restrictions may apply.

 

Refund Policy:

All purchases from this website are sold with the following refund policy- You must first request a Return Merchandise Authorization Form (RMA). This form can only be received by contacting the customer service department using the Contact Us link on the website or by calling the customer service department. You will be contacted by the Customer Service Department no later than the end of the next business day. The product must be returned in original condition and in its original box to the Company’s shipping address found on the RMA no later than ten (10) business days from receipt of the RMA. If the product does not arrive in this condition or time frame, the refund will not be granted, the merchandise returned to you and your account will be assessed the shipping cost. Refunds will be made in the original form of payment.

RIGHTS AND OBLIGATIONS OF THE BUYER: The Buyer must pay the full consideration for this product that the Seller requires as the total price of the product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls (including via auto dialer and prerecorded message) from the Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the instant product or any other product or service. Your agreement to such contact is not required for future purchases and standard message/data rates apply. Buyer agrees to post-sale contact from joint venture partners of the Seller or from others who have a commercial relationship with the Seller. Buyer agrees that all personal information about the buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database and agrees that this information may be shared, rented or sold to third parties.  However, Buyer shall at all times be fully empowered to sever contact with the Seller by notification using the ‘unsubscribe’ link in solicitations. Moreover, the Buyer retains the right to refuse specific contact with some third party solicitors and maintain it with others. The Buyer retains the right to have his or her name removed from a general solicitation database. The Buyer’s agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer. Buyer agrees that Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred by the Seller. Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he retains all rights to directly restrict communication or solicitation from any party, including the Seller. 

The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.

The Buyer understands that cookies may be placed on his or her hard drive that will provide information to the Seller and which are necessary for delivering an e-product and which will be able to determine if you retain the right to access the product. Buyer understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with the Seller’s computer and thereby transmit and receive information.

Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties are collected at the point of sale by the Seller, the Buyer remains responsible for payment of custom duties and taxes at the time the product is received. If it should happen that the Seller’s courier or freight account is charged for custom duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby authorizes the Seller to bill the Buyer’s credit card for said charges or for the return of goods if they are refused at the point of destination.

CREDIT CARD CHARGES AND CREDIT CARD FRAUD 

Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the debit or credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers. 

If the true and/or authorized owner of the debit or credit card attempts to commit fraud upon the Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud.

Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a debit or credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.

ASSUMPTION OF RISK

Buyer agrees to accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Buyer’s person, the use of the product personally or in business, all taxes and regulations applicable to this product, all legal compliance issues related to this product. Buyer warrants an understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirectly from this product. Buyer agrees, as part of the consideration required to purchase this product, to carefully review and test this product during the refund period and to immediately request a refund if the product is not satisfactory. 

LIMITATION OF LIABILITY AND DISCLAIMER

Buyer warrants an understanding, as required consideration, that the Seller of this product disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason. Buyer alone accepts full responsibility for allowing others to use this product. Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer. 

Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or from subsequent contact with Seller or Third Parties.

Buyer agrees and understands that the Seller, specifically but not exclusively, disclaims liability for all damage to Buyer’s person or business by using any product, including harm to buyer’s computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Seller disclaims liability for Buyer’s interaction with Third Party soliciting agents who were provided ‘leads’ by the Seller. Seller disclaims liability for Buyer’s interactions with advertisers on the site. Seller disclaims liability for Buyer’s interaction with other visitors or members of the website.

LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT 

Buyer agrees that the Seller’s total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product. 

LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND 

Buyer agrees that the Seller’s total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product. 

LIMITATION ON THE LIABILITY LIMITATION 

Buyer understands that some states do not allow limitation of liability.

SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS’, ‘INCOME CLAIMS’, OR ‘EARNINGS CLAIMS’ IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT

If claims about results from using a product or if claims about income or earnings resulting from the use of a product are made, such claims are true for the persons who made the claims, including claims made by the Seller about its own experience with the product.

If the product Buyer is purchasing is a physical product promoted for a particular purpose and if the promotional materials make claims about the results from the use of a product, Buyer hereby warrants his understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price (subject to the return of the product to the Seller) is the full remedy for any Buyer who feels the product did not deliver the results claimed.

If the product Buyer purchases claims to produce specific benefits or results, the Buyer has a right to return the product to the Seller. In this case, the promotional materials describing the product  and the remedy for dissatisfaction shall be controlling. If the promotional materials say that part of a fee is not refundable, then it is not.

Where this disclaimer and claims made in sales and promotional materials or the product are in conflict, this Purchase Agreement shall be controlling except, and unless, the Seller deliberately misled the Buyer or if such construction would cause material inequity. The sole burden is on the Buyer to substantiate any deliberate deception. Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer brings suit against the Seller and does not prevail in court or at arbitration.

No warranties are made whatsoever about the amount of money, if any, that Buyer will earn from any material or product or service and Buyer warrants an understanding that Buyer’s only course of action is to test this product and material for the extent of the refund period and request a refund if Buyer is not satisfied prior to its expiration.

Buyer, again, warrants an understanding that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this product, the maximum amount of liability shall be the purchase price of the product.

PRIVACY POLICY ACCEPTED 

Buyer expressly accepts the terms of the Privacy Policy of Seller’s website. 

RIGHT TO PUBLISH SUBMISSIONS 

Buyer agrees that Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Seller’s sole discretion. 

INDEMNIFICATION 

Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using the product or information contained on this website that results in a damage award against the Seller. 

RIGHT TO STOP SELLING OR SERVICING PRODUCT 

Buyer agrees that Seller has the right to discontinue the product or the service at any time without notice.  Buyer understands that the Seller may discontinue customer service on a product or service at any time without notice.

CALIFORNIA RESIDENTS NOTE 

With certain exceptions, residents of the State of California may request (a) disclosure of personal information collected, (b) disclosure of personal information sold or disclosed for a business purpose, (c) deletion of personal information, (d) to opt out of the sale of personal information, and (e) access and data portability. Moreover, Hutton Chase will not discriminate based on your exercise of such rights. If you are a California resident and want to make any such requests, please contact us through our website (www.huttonchase.com) or at Hutton Chase, Privacy Policy, 871 Coronado Center Dr #200, Henderson, NV 89052, or call 888-233-7748. For all mailed requests, you must put the statement "California Privacy Request" in the body of your request, as well as your name, street address, city, state, and zip code. Please note that we are not responsible for requests that are not labeled or sent properly, or that do not have complete information.  

DISPUTE RESOLUTION

As part of the consideration that the Sellers requires, Buyer agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase,  this product, including solicitation issues, privacy issues, and terms of use issues. 

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605.  

In no case shall the Buyer have the right to go to court or have a jury trial. Buyer will not have the right to engage in pre-trial discovery except as provided in the rules; Buyer will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal or vacate as set forth in the applicable rules and regulations governing arbitrations.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE 

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be the state of Nevada. In the event that litigation is in a federal court, the proper court shall be in the state of Nevada. 

APPLICABLE LAW

Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of Nevada. 

NOTICE 

Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Seller irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller. 

FEES/COSTS TO PREVAILING PARTY

The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.

MODIFICATION 

This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing, signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer. 

ENFORCEABILITY OF PROVISIONS 

In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable. 

WAIVER OF BREACH 

The Seller’s waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches. 

SELLER CONTACT INFORMATION 

The Seller of this product is: Hutton Chase Corporation, corporate address, 871 Coronado Center Dr #200, Henderson, NV 89052.  All disputes should be mailed to Hutton Chase Corp. P.O.Box 91477 Mobile, AL 36609 Attention: Dispute Department.

FINAL ACCEPTANCE 

By taking the affirmative step of purchasing of a product or service you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.  

 

Notice of Buyer

(1) Do not sign this agreement if any of the spaces intended for the agreed terms are left blank.

(2) You are entitled to a copy of this agreement at the time you sign it.

(3) You may at any time pay off the full unpaid balance under this agreement.

(4) You may cancel a purchase under this agreement if it has been signed by a party thereto at a place other than the address of the seller which may be his main office or branch thereof; provided you notify the seller in writing at his main office or branch, by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following a purchase under this agreement.

CONSENT TO ELECTRONIC RECORDS

Please read this information carefully and retain a copy for future reference.

Introduction - To the extent permitted by law, Hutton Chase will provide all disclosures and notices to you in electronic form including, but not limited to, any applicable credit-related disclosures required by the Truth in Lending Act, and any notices (e.g., adverse action notice and privacy policy notice) required by the Fair Credit Reporting Act, Equal Credit Opportunity Act, and Gramm-Leach-Bliley Act, and their implementing regulations. For purposes of this consent, these disclosures and notices are referred to as "Records." This Consent to Electronic Records informs you of your rights when Records will be provided to you electronically.  By consenting below, you acknowledge receipt of this Consent to Electronic Records and agree to the electronic delivery of the Records. 

Hardware and Software Requirements - The Records will be provided to you either on the Hutton Chase website, in an email message, or as an attachment to an email message sent to the email address you provide as part of your credit application. To access the Records, you will need a personal computer or other access device which is capable of accessing the Internet with a web browser. To retain the Record, your access device must have the ability to either download the Records to your computer’s hard drive or print the Records. 

Right to Withdraw Consent and Procedures for Withdrawal - You may withdraw your consent to receive the Records electronically at any time, or update your contact information at any time by emailing contactus@huttonchase.com or writing to 871 Coronado Center #200, Henderson, NV 89052 and withdrawing your consent or providing your updated contact information. 

Consent Applies to Credit Transaction - Your Consent to Electronic Records applies to the credit transaction you’ve requested and any other product or service you may request from Hutton Chase that may give rise to the obligation to provide the Records. 

Right to Paper Records and Copies of Records - You have the right to have the Records provided to you in paper form, rather than electronic form. If you wish to obtain the Records in paper form, contact Hutton Chase by email contactus@huttonchase.com, or write to Hutton Chase Corporation. 871 Coronado Center #200 Henderson NV 89052. A paper copy of the Record will be provided to you at no charge. 

 

Hutton Chase Revolving Credit Account Agreement 

Consumer Disclosures, & Privacy Policy

  1. GENERAL TERMS AND CONDITIONS 

In this Hutton Chase Corporation Revolving Credit Account Agreement; Consumer Disclosures; and Privacy Policy, the term "Hutton Chase" includes its successors and assignees. Throughout, the Hutton Chase Revolving Credit Account Agreement; Consumer Disclosures; and Privacy Policy, which include the terms  and conditions governing Hutton Chase Revolving Credit Accounts, the "Billing Rights Notice," and the "  Hutton Chase Privacy Policy," collectively will be referred to as the "Agreement." As used in Parts I and II of the Agreement, the terms "I", "my", and "me" mean each person who has signed or otherwise submitted an  application or other forms when opening or requesting a Revolving Credit Account, and each person who is  liable to pay Hutton Chase for amounts owed under the Revolving Credit Account. As used in Parts III and IV of the Agreement, the terms "you", and "your" mean each person who has signed or otherwise submitted an application or other forms when opening or requesting a Revolving Credit Account, as applicable, and each person who is liable to pay Hutton Chase for amounts owed under the Revolving Credit Account and the terms "we", "our", and "us" mean Hutton Chase. 

Part I of this Agreement sets forth the general terms and conditions applicable to all Hutton Chase Revolving Credit Accounts. Part II of this Agreement sets forth the specific terms and conditions applicable to Hutton Chase Revolving Credit Accounts. Part III of this Agreement provides consumer disclosure statements addressing the Hutton Chase Revolving Credit Accounts Billing Rights Summary. The Hutton Chase Privacy Policy is disclosed under Part IV.

  1. ACCEPTANCE OF AGREEMENT.  This Agreement governs the use of my Hutton Chase 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 Hutton Chase 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 Hutton Chase approves my application, or the date that Hutton Chase allows me to use my Account. If Hutton Chase approves my application and issues an Account to me, I agree to pay Hutton Chase all amounts owed under this Agreement. 

  2. CHANGE IN TERMS.  Hutton Chase 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 Hutton Chase in connection with my Revolving Credit Account at the time of the change. Hutton Chase will give me written notice before the effective date of any such change, if required by applicable law. 

  3. 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 Hutton Chase that others are using my Revolving Credit Account. All checks must be drawn on funds on deposit in the United States. Hutton Chase 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: 

          Hutton Chase P.O. Box 91477 Mobile, AL  36609 Attention:  Accounting Department

  1. MISREPRESENTATION.  In the event that any information given to Hutton Chase in connection with my application or any future transaction involving my Revolving Credit Account is false or misleading, Hutton Chase reserves the right to terminate this Agreement and take any and all legal action available under applicable law. 

  2. CANCELLATION.  Hutton Chase 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 Hutton Chase 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 Hutton Chase according to the terms of this Agreement. Hutton Chase specifically reserves the right to close my current Hutton Chase Revolving Credit Account Credit Account based on the delinquency of any of my previous Hutton Chase Revolving Credit Accounts. Only one Hutton Chase account will be granted per consumer with no authorized users.

  3. 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 Nevada. Any credit extended to me by Hutton Chase is extended in and from Nevada, regardless of where I reside or use my account. I agree that if a dispute arises and I file suit against Hutton Chase, service of process on Hutton Chase may be made only at Hutton Chase’s Registered Agent in Nevada. If any part of this Agreement becomes unenforceable, it will not make any other part of this Agreement unenforceable. 

  4. RESERVATION OF RIGHTS.  Hutton Chase 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, Hutton Chase will not have waived its right to assess such fee or other amounts or exercise other rights pursuant to this Agreement in the future. 

  5. CREDIT REPORTING, INACCURATE INFORMATION.  I hereby authorize Hutton Chase 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 Hutton Chase, Hutton Chase  P.O. Box 91477 Mobile, AL  36609 Attention Dispute Department if I believe Hutton Chase has information about me that is inaccurate, or that Hutton Chase has reported or may report to a consumer reporting agency information about me that is inaccurate. 

  6. ASSIGNMENT.  I may not sell, assign, or transfer my Revolving Credit Account. Hutton Chase may assign my open Revolving Credit Account under this Agreement without prior notice to me. 

  7. 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.   

  8. CHANGE OF RESIDENCE.  If I move, I agree to promptly notify Hutton Chase of my new address. 

  9. 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 BUYER SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 

  10. TELEPHONE MONITORING AND RECORDING.  Hutton Chase treats all customer calls as confidential per Hutton Chase’s Privacy Policy. I agree that my telephone conversations with representatives of Hutton Chase may be monitored and/or recorded for quality assurance purposes, unless, at the commencement of each telephone conversation, I advise the Hutton Chase representative that I do not wish the call to be monitored and/or recorded. 

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  

1. 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 Hutton Chase at the address shown on my monthly billing statement. No cash will be accepted. 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 Hutton Chase after 5 PM CST on any business day will be credited to my Revolving Credit Account on the next business day. 

2. MINIMUM MONTHLY PAYMENTS.  The Current Due each month will be calculated based on the purchases made prior to the end of each month with a minimum payment of $30.00 or balance of account if less. 

3. SPECIAL PAYMENT OPTIONS.  From time to time Hutton Chase may permit me the flexibility to skip one or more payments or take advantage of other options Hutton Chase may make available. Hutton Chase will provide me details of these special programs at the time they are offered. 

4. CREDIT LIMIT.  I agree that Hutton Chase 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 Hutton Chase 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 Hutton Chase has the right to suspend or cancel my Revolving Credit Account under the terms of this Agreement. Hutton Chase will identify any subsequent changes to my Revolving Credit Line on my periodic billing statements. 

5. DEFAULT.  Hutton Chase 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 Hutton Chase 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) Hutton Chase may require that I pay the entire balance on my  account immediately, at any time (subject to any restrictions under applicable law), even though Hutton  Chase 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 Hutton Chase refers my Revolving Credit Account for collection to an attorney other than a salaried employee of Hutton Chase or the  holder of the account, to the extent not prohibited by applicable law. 

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 P.O. Box 91477 Mobile, AL  36609 Attention Dispute Department. Write to us as soon as possible. We must hear from you no later than 60 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:

· Your name and Account number.

· The dollar amount of the suspected error.

· Describe the error and explain, if you can, why you believe there is an error.

· 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 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 penalties related to any questioned amount. If we did not make a mistake, 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.

Part IV- Hutton Chase PRIVACY POLICY

Hutton Chase 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. 

Type of Information We Collect and Disclose 

We collect information about people as described below. Some of this is called "Nonpublic Personal Information," which generally means information that is provided by you, obtained by us, or that results from your transactions with us. It does not include information available to the general public. We collect this information from the following sources (examples under each source are not necessarily a complete list):

  • Application Information: This is information we receive from you on applications and/or other forms, by phone, and online. It includes your name, address, telephone number, social security number, date of birth, and banking information. Application Information may be disclosed as described below.

  • Transaction Information: This is information about your transactions with us, our affiliates, or others. It includes your payment history, information necessary for billing and payment, and purchase information. Transaction Information may be disclosed as described below.

  • Web Site Information: This is information we receive from your computer when you visit our Website; including the Web site you visited before ours, your Internet e-mail address and operating system, and statistical information on Web traffic and usage patterns. We also store "cookies" on your computer to save information entered during your prior visits to our Website. We collect technical data, such as your Internet protocol (IP) address, operating system, and session ID. Web Site Information may be disclosed as described below.

Parthom We Disclose Information 

Nonpublic Personal Infies to Wormation about you and our former customers may be disclosed to others as permitted by law. Generally, this includes disclosures to third parties that are necessary to effect, administer or enforce your transaction with us, or in connection with servicing our ongoing customer relations. These parties may include our group of affiliated companies, or their employees, agents or representatives, courts and governmental agencies, outside lending or financial institutions, billing service providers, mail and telephone service companies, attorneys or other professionals, and third parties. Hutton Chase reserves the right to disclose or sell your personal information about you to the following types of nonaffiliated third parties:

  • Nonaffiliated financial service providers, such as banks, financing companies, and credit card companies

  • Non-financial companies such as third party and unrelated marketing companies, and other companies seeking to independently market their products and services which may have an interest in your Nonpublic Personal Information.

We may also disclose Application Information, Transaction Information, and Web Site information about you and our former customers to companies that perform marketing services on our behalf or to financial institutions with whom we have joint marketing agreements. We are required to, or we may, provide information about you to third parties without your consent, as permitted by law. For example:

  1. To respond to a subpoena or court order, judicial process or regulatory authorities;

  2. To consumer reporting agencies;

  3. In connection with a proposed or actual sale, merger, or transfer of all or a portion of a business or operating unit;

  4. To protect against fraud, and insure confidentiality and security;

  5. To assist or be part of a proposed or actual securitization, secondary marketing sale, or similar transaction related to a transaction of the consumer; or

  6. To collection agencies, attorneys, and other entities that assist us in enforcing and collecting the debt.

Confidentiality & Security

We restrict access to Nonpublic Personal Information about you to those employees and other parties who must use that information to provide products or services to you. Their right to further disclose and use the information is limited by applicable law, and nondisclosure agreements, where appropriate. We also maintain physical, electronic, and procedural safeguards in compliance with applicable laws and regulations to guard your Nonpublic Personal Information.

Opt Out Rights (to limit our sharing) 

If you do not want your Nonpublic Personal Information disclosed to affiliated or nonaffiliated third parties, you may "opt out" of those disclosures, meaning that you may tell us not to make those disclosures (other than disclosures that are permitted by law even if you opt out). If you opt out, we will not disclose this information to such third parties to independently market products or services to you, but we may include their offers in billing statements and other routine communications that we send to you in connection with servicing your business relationship with us.

Please note: If you are a new customer, we can begin sharing your information 30 days from the date that we send this notice. When you are no longer a customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing.

To opt out, simply fill out, detach and mail the form at the bottom of this page to the address listed. An opt out election by you or others who maintain a relationship with our Company will be effective for all persons that your relationship relates to. Once you opt out, there is no need to do so again for the same business relationship. Questions? You may also want to visit our website at www.huttonchase.com or give us a call at 888-233-7748 if you need additional information.

Information for Vermont, California and Nevada Customers: In response to a Vermont regulation, we automatically treat accounts with Vermont billing addresses as if you requested that we not share your information with nonaffiliated third parties. And if we disclose information about you to nonaffiliated third parties with whom we have joint marketing agreements, we will only disclose your name, address, other contact information, and information about our transaction and experiences with you. In response to a California law, with certain exceptions, residents of the State of California may request (a) disclosure of personal information collected, (b) disclosure of personal information sold or disclosed for a business purpose, (c) deletion of personal information, (d) to opt out of the sale of personal information, and (e) access and data portability. Moreover, Hutton Chase will not discriminate based on your exercise of such rights. If you want to make any such requests, please contact us through our website (www.huttonchase.com) or at Hutton Chase, Privacy Policy, 871 Coronado Center #200, Henderson, NV 89052, or call 888-233-7748 For all mailed requests, you must put the statement "California Privacy Request" in the body of your request, as well as your name, street address, city, state, and zip code. In response to Nevada law, we are providing you this notice. You may be placed on our internal Do Not Call List by following the directions set forth above. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: 702-4863132; e-mail: BCPINFO@ag.state.nv.us. To further restrict sharing with affiliates as described in this notice, you can fill in and return the form here.