Member Account
card agreement.

This Agreement contains the Terms and Conditions of having a CHG Member Account. By accessing and/or using the CHG Member Account and/or our service (the “service”), I agree to comply with and be bound by the following terms and conditions (the “agreement”).

This Agreement contains information about the use of this Account and explains the terms by which both You and We agree to be bound. In this Agreement, the words “I”, “My”, “Me” and “Member” mean the Card Member or Cardholder; the words “We” or “the Company” mean Curated Hospitality Group, LLC, located in Columbia, South Carolina; and the words “Account” mean the CHG Member Account. The company reserves the right to substitute the name of the house card with another card name, but with all of the same rights and privileges of the CHG Member Account.

This Agreement describes the Terms and Conditions under which My CHG Member Account is issued. I certify that I am at least 21 years of age and the information I provided to CHG in order to obtain this Account is true and accurate. I understand that My use of the Account constitutes My acceptance and agreement to comply with and be bound by the Terms and Conditions of this Agreement. I understand that my card is being issued with no credit check or investigation.

The Federal E-Sign Act (HR-1714) on Final Digital Signature provides that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By completing the online application for the CHG member Account, I certify that My digital signature is the equivalent of My handwritten signature. Also, I declare that I have read and understand all of the Terms and Conditions of this Agreement and I agree to and do sign each section of these Terms and Conditions of this Agreement with My digital signature.

1. Acceptance of Agreement

This Agreement and the Web Site constitute the entire agreement between Me and the Company and warranties and/or understandings with respect to the Web Site, and I agree to review this Agreement prior to each use of the Web Site, the Service and/or My Account. The latest Agreement will be posted on the Web Site.

2. Disclaimers

CHG member Account card is not a credit services organization, financial or banking institution. My Account is a pre-paid Account that can be used by an Accountholder to shop exclusively with CHG. This is not a credit repair service.

3. Returned and NSF ACH Payments

In the event that My membership fee is returned due to non-sufficient funds, I understand and agree that the Company may, at its sole option, immediately attempt to collect those amounts by presenting My ACH authorization to My original banking institution. I am authorizing the debiting of My bank account; therefore, the Company is not responsible for any overdraft fees charged by My bank or incurred by Me due to draft attempt(s).

4. Membership, Application and Enrollment Fees

The initial cost of My membership includes an application and enrollment fee. The total initial membership fee is $100.00. The application fee is non refundable.

5. Refund of Card Membership

I may cancel My enrollment into the CHG Member Account within (48) hours of receiving My house card. To receive a refund of My balance, minus the following; (a) application fee of $100.00, (b) early termination fee of $100.00, (c) any and all matching contributions, and (d) all goods and services purchased, I must first contact the Company to obtain a Return Authorization Number. Upon receiving My return authorization number, I will be required to return all membership documents as well as My CHG Member Account card to: 1345 Garner Lane, Suite 308, Columbia, SC 29210. REFUND GUIDELINES MUST BE CAREFULLY FOLLOWED TO ASSURE A PROMPT REFUND OF MONIES. There will be a non-sufficient funds fee of $30.00 deducted in the event that any debit previously authorized by Me has been returned unpaid by My bank for any reason. There will be no refund in the event that there are Unpaid Balances posted to My Account or if there are pending purchases. I must allow at least seven (7) business days from the Company's receipt of My membership materials for My refund to be processed. Included in My membership fee is a non-refundable application fee. If the refund of the card membership procedure is met, the Company will refund My balance only. There will be NO REFUNDS after the initial 48 hours.

6. Cancellation of Account

My CHG Member Account will be active for 12 months from the date of issue. The Company will cancel this Agreement and retain any unused funds in full in the event that I do not renew the CHG Member Account Card.

7. Card Limit

My CHG Member Account is a pre-paid account; therefore, there is no limit to the available balance, as it will match My Deposits minus the cost of services I have received. A minimum deposit of $110.00 is required to open an account, while we will accept deposits in increments of $100.00 above and beyond the initial deposit. My CHG Member Account is a non-interest bearing account, and no fees, outside of the Membership, Early Termination, and Cancellation of Account Fees, will be accrued against the balance, as long as the account is active.

8. Application of Payments Received

As the CHG Member Account card is a pre-pay card only, all payments, minus any applicable fees, are applied directly to your available balance. Payments received are always applied first to any unpaid fee(s) that may be owed. Purchases are reflected in the Principal Balance in the same order they were made, oldest first.

9. Cash Advances and Withdrawals

Cash advances and withdrawals on this account will NOT be allowed.

10. Member Benefits

As long as My Account is maintained in good standing, the Company will match your deposits with a 10% donation to your account. All deposits and matching contributions are non refundable.

11. Communications

I understand and agree that the Company may contact Me via telephone (both live and recorded messages), e-mail, and other forms of communication, pertaining to My Account as well as other offers or programs that the Company believes may be of interest to Me.

12. Lost Cards

If your Card is lost or stolen, the Company charges a $5.00 replacement fee. You can report lost cards to the Company by sending an e‑mail to accounts@curatedhg.com. This service is only available for members whose account is in good standing.

13. Privacy Policy

Use of the CHG member Account, the Service and/or My Account is subject to the Company's Privacy Policy, which is hereby incorporated into, and made part of, this Agreement. The Company reserves the right, and I authorize the Company, to use and assign all information regarding Service and Account use, and any and all other personal information provided by Me, in any manner consistent with the Company's Privacy Policy.

14. Sharing Information with Third Parties

The Company will not disclose to any non-affiliated companies any and all of the information that the Company collects in the application process.

15. Default on Account

I will be in default if I breach any of the Terms and Conditions of this Agreement. If I am in default, the Company has the right to; (a) suspend and/or terminate My membership, (b) suspend any purchases until the default is cured, (c) apply monies received on subsequent allowed purchases to any delinquent Account balance owed, including late fees, if applicable, and/or proceed with legal action.

16. Fraud Resolution

As a matter of policy, the Company fully cooperates with all law enforcement agencies in the pursuit of fraud, with regard to the unauthorized use of information in applying for this membership. If I believe My bank account was fraudulently charged for the membership fee, the Company will make every effort to aid in a resolution. Before the Company can take any action, fax or mail a copy of the official report filed with Your local Police or law enforcement agency detailing the suspected fraudulent act and also a copy of the portion of Your Account statement showing the date and amount of the withdrawal. The Company shall have two (2) weeks for resolution after receipt of the report and statement.

17. Responsibility and Liability

The Company shall have no liability with regard to any services provided by any vendor/service provider. I agree that any claim with regard to any services shall be made against the vendor of such services and not the Company. The Company's sole obligation, hereunder, shall be to provide access to the vendor/service provider. All benefit providers are independent contractors and are not agents of the Company. All services are subject to the terms and conditions specified by the suppliers. The Company does not have the authority to alter those terms. The Company is not responsible for personal injuries, loss or damage of property, inconvenience or expense resulting from matters beyond its control, government actions, strikes, theft, and changes in benefit offering, or acts of God. The Company may, in its sole judgment, make any changes and cancellations to any services that the Company believes necessary.

18. Indemnification

I agree to indemnify, defend and hold the Company, its owners, and each of its respective officers, partners, members, employees, agents and attorneys, and affiliates (each a “Covered Party”), harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys' fees, administrative costs and/or settlement costs) arising from My breach of this Agreement and/or My use of the Web Site, the Service and/or My Account, in any manner whatsoever.

19. Proprietary Rights

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Web Site, the Service and/or My Account are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by the Cardholder of any part of the Web Site, the Service and/or My Account are strictly prohibited. I do not acquire ownership rights to any content, document, software, service or other materials viewed at or through the Web site, the Service and/or Your Account. The posting of information or material at the Web site and Service by the Company does not constitute a waiver of any right in such information and/or materials.

20. Security Interest

The Company, to the extent legally permissible, retains a security interest in all products and services charged on this Account until the balance is paid in full.

21. Disclaimers and Limitations

The Web Site, the Service, My Account, and any merchandise obtained through the CHG Member Account Card are provided on an “as is” and “as available” basis, and all warranties, express or implied, are disclaimed, including, without limitation, any warranties of merchantability, non-infringement of intellectual property, and/or fitness for a particular purpose. The Web Site, the Service, Your Account, and any merchandise obtained through the Service, may contain bugs, errors, problems, or other limitations. The Company and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Web Site, the Service, My Account, or any merchandise and services obtained through the Service. In particular, but not as a limitation thereof, the Company and the Covered Parties are not liable to Me and/or any third party for any indirect, special, incidental, consequential, punitive, or exemplary damages (including, but not limited to, damages for loss of business, loss of profits, damage to reputation or goodwill, degradation in value of brands, trade names, trademarks, service names, service marks, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), strict liability, failure to warn, or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between the Company and Me. The Web Site, the Service, My Account, and any merchandise obtained through the Service would not be provided without such limitations. No advice or information, whether oral or written, obtained by Me from the Company through the Web Site, the Service, My Account, or any merchandise obtained through the Service shall create any warranty, representation, and/or guarantee not expressly stated in this Agreement. All responsibility and/or liability for any damages caused by viruses and/or worms contained within an electronic file available at the Web Site and/or through the Service is disclaimed. I understand and agree that any material downloaded, obtained, or otherwise accessed through the use of the Web Site, the Service, and/or My Account is done at My own discretion and risk. I will be solely responsible for any damage to my computer system or loss of data that may result from downloading any such material. The Company's maximum liability to Me, under any and all circumstances, will be equal to the lowest purchase price that I have paid for any single piece of merchandise at the Web Site and/or through the Service. Notwithstanding the foregoing, the Company shall not be liable to Me for any service, goods, or information available from third parties, even if obtained at or through the Web Site and/or Service.

22. Applicable Law

The law of the State of South Carolina shall apply to this Agreement.

23. Billing Rights

This notice contains important information about My rights and the Company's responsibilities under the Fair Credit Billing Act. Notify the Company in Case of Errors or Questions about the Cardholder's Statement of Account. If a Cardholder thinks a bill is wrong, or if a Cardholder needs more information about a transaction on a bill, the Cardholder will write the Company, on a separate sheet of paper, at the address listed on the Cardholder's bill. The Cardholder must write to the Company as soon as possible. The Company must hear from the Cardholder no later than 30 days after the Cardholder's received their bill on which the error or problem appeared. The Cardholder may telephone the Company, but doing so will not preserve the Cardholder's rights. In the letter, the Cardholder should provide the following information: (1) The Cardholder's name and Address, (2) The dollar amount of the suspected error, and (3) A Description of the error and explanation of why the Cardholder believes there is an error. If the Cardholder needs more information, the Cardholder should describe the item the Cardholder is not sure about.

The Cardholder's Rights and The Company's Responsibilities After The Company Receives The Cardholder's Written Notice. The Company must acknowledge the Cardholder's letter within 30 days, unless the Company has corrected the error by then. Within 90 days, the Company must either correct the error or explain why the Company believes the bill was correct. After the Company receives the Cardholder's letter, the Company cannot attempt to collect any amount the Cardholder questioned or report the Cardholder as delinquent. If the Company did make a mistake, the Cardholder's account will be credited the questioned amount. If the Company did not make a mistake, the Cardholder's account will be charged the questioned amount; however, if the Company's explanation does not satisfy the Cardholder, and the Cardholder writes the Company within 10 days telling the Company that the Cardholder still refuses to pay, the Company must tell anyone the Company reports the Cardholder to that the Cardholder has a question about a bill. In addition, the Company must tell the Cardholder the name of anyone to whom the Company reported this information. The Company must tell anyone to whom the Company reported on the matter in question when it is finally settled. If the Company doesn't follow these rules, the Company cannot collect the first $50.00 of the questioned amount, even if the Cardholder's bill was correct.

The Company is a private South Carolina Corporation in the business of providing food and retail sales, entertainment, and alcoholic goods through its CHG Member Account, and the CHG Member Account Card is a service mark of the Company. The Company is not a credit services organization. The Company, or its division, does not provide, for a fee, any advice or assistance in helping individuals obtain other forms of credit or improve their credit rating. Information in this document should not be construed as legal advice. If I have any legal questions concerning My rights or My credit, I should contact an attorney.

24. Choice of Law, Jurisdiction, and Venue

The laws of the State of South Carolina shall be applied in any dispute or claim arising between the Company and the Cardholder. Any and all lawsuits or claims arising out of this Agreement or the relationship covered hereby shall be brought exclusively in the Courts of Richland County, South Carolina, without regard to their conflicts of laws rules.