EFFECTIVE July 17, 2020
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.
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, SERVICE OR MEMBERSHIP 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.
INTEREST: NO INTEREST FOR THE LIFE OF THE ACCOUNT
Semi-Annual agreement to Purchase or Monthly Fee of $20.00
This Line of Credit comes with the Selected Purchase Path for only $210 with $75 due today and subsequent purchases of $180 plus any down payment and shipping cost each six months to keep the account open, active and reporting. Most Products require that a minimum initial payment and shipping cost be paid at the time of order and that the balance of the purchase will be financed using a line of credit with ZERO Percent Interest with Hutton Chase and there are monthly payments on the account. Some of the electronic items also require that the first monthly payment be made before the product is shipped.
Membership Plan in lieu of Subsequent Purchase Requirement:
Buyer agrees that in lieu of closing the Account, in the event Subsequent Purchases are not made, to have the Seller charge Credit/Debit Card on file, $20.00 per month to keep the account open and, active until Buyer notifies Hutton Chase to Close the account or makes the qualifying purchase.
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), I understand that the business may at its discretion attempt to process the charge again within 7 days, and agree to an additional $10 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized payment. I acknowledge that the origination of transactions to my account must comply with the provisions of U.S. law. I will not dispute merchant 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, service, or membership 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, service or membership 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.
YOUR ACCOUNT WITH HUTTON CHASE CORPORATION WILL BE ASSIGNED TO A CONSUMER FINANCE COMPANY 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 WILL NOT BE REPORTED TO ANY CREDIT BUREAU UNTIL THE SALE OF YOUR ACCOUNT TO THE CONSUMER FINANCE COMPANY IS COMPLETED. CREDIT REPORTING DURING THE TERM OF THIS AGREEMENT IS NOT GUARANTEED.
Hutton Chase Warranty & Support: Please call Customer Support at 888-233-7748
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, you may be assessed late fees and could 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:
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 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 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 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 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, Seller, specifically but not exclusively, disclaims liability for all damage to Buyer’s person or business by using this 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 this product or if claims about income or earnings resulting from the use of this 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.
However, Buyer cannot simply rely on these statements as being duplicable by Buyer because many factors affect results, including just dumb luck. Some people buy this product to make money and, in fact, make no money. Some people buy this product and never read it or attempt to implement any of the moneymaking ideas. Some folks seemingly take to it like a duck to water and can’t stop making money. Nothing promoted on this website should be construed as a ‘Get rich quick’ scheme. The products Buyer is buying to learn how to make money or products that Buyer is buying to re-sell, have all been proven money-makers. The income and earnings statements, if any, tend to reflect the more successful cases and Buyer should not construe this as being the ‘average’ or usual success story. As is true in much of life, real success usually requires real work. Learning about the internet is not terrible work and it can produce very livable income if Buyer is willing to learn his or her craft and work at it steadily. Even part-time efforts may bring in some extra money each month. But it requires learning skills that Buyer may not have a background to easily learn and will certainly require constant education and, perhaps, even psychological motivation to keep Buyer directed toward his or her goals.
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 this 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 is purchasing is a membership or a product ‘plan’ that claims to produce specific benefits or results or that otherwise involves a recurring fee, the Buyer has a right to terminate the membership or ‘plan’ upon notice to the Seller. In this case, the promotional materials describing the membership and the ‘plan’ 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 this 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.
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.
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 OR MEMBERSHIP
Buyer agrees that Seller has the right to discontinue the product, the service, the membership 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
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.
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Nevada.
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 Membership 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.
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 Inc., 871 Coronado Center Dr #200, Henderson, NV 89052.
By taking the affirmative step of purchasing of a product, service, or membership, 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.
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 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 firstname.lastname@example.org 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 email@example.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.
Terms and Conditions
Consent to Electronic Records
Hutton Chase Corporation
851 E I65 Service Rd South, Suite 705
Mobile, AL 36606
© 2020 Hutton Chase Department Store