Credit Builder Program Terms and Conditions

Effective September 1, 2006:
  1. All Credit Builder Members must be a Eufora Prepaid MasterCard® Cardholder at the Preferred or Elite level.


  2. All Eufora Credit Builder Members must agree to a two (2) year minimum Membership term. You must maintain your Eufora Membership in good standing, for a minimum of two (2) years. After your minimum term, you will become a year-to-year Member (subject to the Terms and Conditions of the Eufora Program).


  3. The Preferred Eufora Credit Builder Program requires an advance deposit equal to the amount of the annual Preferred Level Membership fee ($59.95). In addition, you will be required to pay Eufora twelve (12) monthly payments, in the amount of $6.65 during the first year of Membership only. When you choose Credit Builder, Eufora will report your payment history (with respect to such monthly payments), to its Credit Reporting Partners (TransUnion and Experian). These monthly payments, in total, are equal to the annual Membership fee, plus a $19.95 processing fee. After successfully making twelve (12) monthly payments on time, Eufora will automatically renew your Membership for twelve (12) months and will continue to collect your monthly payments. Your advanced deposit will be held and applied to your final year of participation with Eufora. Eufora, in its sole discretion, reserves the right to apply deposits, payments, or prepayments in any order to any amounts you owe Eufora. If you wish to discontinue your automatic renewal and participation in the Eufora Credit Builder Program, you may elect to do so by providing thirty (30) days notice of your election to complete your final year's participation with Eufora. In such a case, Eufora will apply 100% of your advanced deposit toward your final year of participation with Eufora.


  4. The Eufora Elite Credit Builder Program requires you to pay Eufora twenty-four (24) monthly payments in the amount of $10.00. When you choose Credit Builder, Eufora will report your payment history (with respect to such monthly payments), to its Credit Reporting Partners (TransUnion and Experian). These monthly payments, in total, are equal to the annual Membership fee ($99.95/year) plus $40.10 in interest for that 24-month period of time. After successfully making twenty-four (24) monthly payments on time, Eufora will automatically renew your Membership for twelve (12) months and will continue to collect your monthly payments. If you wish to discontinue your automatic renewal and participation in the Eufora Credit Builder Program, you may elect to do so by providing thirty (30) days notice of your election to complete your final year's participation with Eufora.


  5. IF YOU CANCEL YOUR MEMBERSHIP PRIOR TO THE CONCLUSION OF THE TWO (2) YEAR MINIMUM MEMBERSHIP TERM, OR WE TERMINATE YOUR MEMBERSHIP PER THE TERMS AND CONDITIONS HEREIN OR THE MEMBER TERMS AND CONDITIONS OF THE EUFORA CREDIT BUILDER PROGRAM, YOU MAY BE REMOVED FROM THE EUFORA CREDIT BUILDER PROGRAM WITHOUT PRIOR NOTICE, AND ALL OF THE MONTHLY FEES PAID TO DATE WILL BE RETAINED BY EUFORA.


  6. Eufora will automatically bill you monthly, through your Eufora Prepaid MasterCard account and/or through other acceptable payment methods for your Eufora Membership and/or Eufora Credit Builder Program. You agree to pay Eufora using your Eufora Prepaid MasterCard account and/or other acceptable payment methods, and you authorize Eufora to immediately and automatically charge your monthly payment to your Eufora Prepaid MasterCard account and/or other acceptable payment methods becoming irreversible on the 4th business day following your acceptance and agreement of your application for your Eufora Membership and then on the same day each calendar month thereafter, that such payments are due. You agree to make clear funds available on your Eufora Prepaid MasterCard account and/or other acceptable payment methods on or before that date and/or agree to allow Eufora to collect such payments from your Eufora Prepaid MasterCard account and/or other acceptable payment methods. Changes to your billing method can be made by contacting Eufora Member Services at 1-866-866-6280. If you elect to designate your Eufora Prepaid MasterCard as the billing method and Eufora attempts to charge your monthly payment to your Eufora Prepaid MasterCard account and you have failed to make clear funds available in the amount required by such date, plus any applicable fees (such as "Value Load Fees"), Eufora will make continued attempts to charge your Eufora Prepaid MasterCard Account. YOU WILL BE RESPONSIBLE FOR ANY APPLICABLE FEES (SUCH AS OVERDRAFT FEES). If Eufora attempts to charge your monthly payment on your Eufora Prepaid MasterCard Account and you have failed to make clear funds available in the amount required, you will be in default and YOU MAY BE REMOVED FROM THE EUFORA CREDIT BUILDER PROGRAM WITHOUT PRIOR NOTICE AND ALL OF THE MONTHLY FEES PAID TO DATE WILL BE RETAINED BY EUFORA. You are not entitled to carry forward a balance. These attempts will not waive Eufora's right to seek payment directly from you. Your monthly payments may be paid in advance. You may make arrangements to make your monthly payments with another approved payment method. To make such arrangements please contact Eufora Member Services.


  7. Such charges on your Eufora Prepaid MasterCard account and/or charges made via other acceptable payment methods will be summarized for you online (on your "Online Statement"). Your Eufora Prepaid MasterCard account activity can be viewed on your Online Statement. Your Online Statement will be available after you log-in at: www.EuforaPrepaid.com You may request a paper copy of your Online Statement from Eufora, subject to the Fees and Disclosures or print a copy of your Online Statement free of charge from www.EuforaPrepaid.com.


  8. ALL INFORMATION THAT EUFORA IS REQUIRED BY LAW TO SEND TO YOU REGARDING YOUR EUFORA MEMBERSHIP AND EUFORA CREDIT BUILDER PROGRAM, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM EUFORA, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. EUFORA WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY IN YOUR APPLICATION FOR SUCH PURPOSE.


  9. YOU AGREE THAT BY ACCEPTING THESE TERMS AND CONDITIONS, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM EUFORA, SOLELY BY ELECTRONIC COMMUNICATION INCLUDING EMAIL AND/OR SMS TEXT. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED AND WILL MAINTAIN, A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION, AND YOU WILL NOTIFY EUFORA OF ANY CHANGE TO YOUR CURRENT E-MAIL ADDRESS. YOU FURTHER AGREE THAT EUFORA, DIRECTLY OR THROUGH ITS PARTNERS, HAS YOUR PERMISSION TO CHARGE YOUR CELLULAR PROVIDER FOR CREDIT BUILDER FEES.


  10. Notwithstanding anything contained in these Terms and Conditions, Eufora may provide you with regular general reminders via mail, email, SMS text message and/or phone calls as a courtesy, to ensure that you remember to make funds available on your Eufora Prepaid MasterCard account or another acceptable payment method each month.


  11. All the Terms and Conditions of the Eufora Credit Builder Program located on the Eufora Website, shall apply to the Eufora Credit Builder Program except to the extent any provision(s) in this Credit Builder Terms and Conditions conflict with any provision(s) of the Terms and Conditions of the Eufora Prepaid MasterCard, in which case the provision(s) of the Eufora Prepaid MasterCard Terms and Conditions shall control.


  12. Eufora reserves the right to change the terms, conditions, and notices under which Eufora Credit Builder is offered. You are responsible for regularly reviewing these Terms and Conditions and additional terms posted on our website. Your continued use of the Eufora Prepaid MasterCard and our website constitutes your agreement to all such terms, conditions, and notices.


  13. Nothing in this Credit Builder Terms and Conditions or any other information you receive in connection with the Eufora Credit Builder Program is intended to constitute legal, tax, or professional advice, and you should not rely solely on such information provided to you in connection with the Eufora Credit Builder Program for making decisions. Information provided in this Credit Builder Terms and Conditions is for informational purposes only. You should consult with an appropriate professional for specific advice before making any decision to participate in the Eufora Credit Builder Program.


  14. If any provision in this Credit Builder Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Credit Builder Terms and Conditions shall continue in effect.


  15. All Credit Builder Members agree to indemnify and hold Eufora and its members, managers, affiliates, officers and employees, and representatives, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of the Eufora Credit Builder Program. Eufora will notify you of any claim for which Eufora seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Eufora's interests, as reasonably determined by Eufora.


  16. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EUFORA AND ITS MEMBERS, MANAGERS, AFFILIATES, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES ARISING OUT OF THE EUFORA CREDIT BUILDER PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EXCEPT AS OTHERWISE PROVIDED IN SECTION 17.


  17. EUFORA'S LIABILITY TO YOU FOR BREACH OF THE CREDIT BUILDER TERMS and CONDITIONS IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO EUFORA IN CONNECTION WITH THE EUFORA CREDIT BUILDER PROGRAM ALONG WITH ANY EARNED BUT UNPAID REFERRAL FEES (SUBJECT TO THE TERMS AND CONDITIONS OF THE EUFORA CREDIT BUILDER PROGRAM). YOU HEREBY RELEASE EUFORA FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION IN THIS SECTION 17 MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF YOUR CREDIT BUILDER MEMBERSHIP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR CREDIT BUILDER MEMBERSHIP.