MIRABITO CHARGE CARD TERMS & CONDITIONS

The Mirabito Charge Card is issued subject to the following terms & conditions:

I. THE CHARGE CARD

A. The Mirabito Charge Card (the “Charge Card” or “Card”) is the property of Mirabito Energy Products (“Mirabito”).
B. The term “Account Holder” refers to a person who has a personal charge account (the ”Account”) opened in his/her name or a proprietorship that has a charge account opened in its name.
C. The “Card Holder” is a person whose name is validly embossed on a Card issued to such person at the request of the Account Holder.
D. Mirabito not responsible for any loss or damage that may result from the Account Holder if he/she does not receive the Card.
E. The Card Holder to whom the card is assigned must sign the Card immediately after receiving it.
F. By signing on or using the Card, the Card Holder is deemed to have read, understood and accepted each and every term of these terms and conditions (the “Agreement”).
G. The Card is not transferable and must be signed by the Card Holder whose name is printed thereon Card Holder.
H. The Card entitles the Card Holder and no one else to sign for charges made to the Card at any Mirabito location.
I. If the Account Holder or Card Holder willingly consents to another individual using the Card, the Account Holder will be liable for all charges made by said individual.

II. THE ACCOUNT

A. The Account Holder will be liable for the face value of all authorized transactions (”Transactions”) from the use of the Card even if no sales receipt or other slip is required to be signed by a Card Holder.
B. Mirabito shall render periodical accounts (“Statement(s)”) to the Account Holder in respect of all Transactions, said Account being due and payable on a monthly basis as shown on the Statement (the “Payment Due Date”) to Mirabito at the address indicated on the Statement.
C. Mirabito will send a Statement to the Account Holder on a monthly or other periodic basis.
D. The Account Holder shall examine the Statement upon receiving and give written notice to Mirabito of any discrepancy therein within 30 days from the receipt of such Statement.
E. All Statements shall be deemed to have been received by the Account Holder as follows depending on the method chosen by the Account Holder:

1. Three (3) days after deposit in the US Mail when properly addressed to the Account Holder’s billing or last known address; or,
2. Immediately upon dissemination via facsimile to the fax number shown on the Account Holder’s application; or,
3. Immediately upon dissemination to the electronic mail address shown on the Account Holder’s application.

F. If Mirabito does not receive any such written notification from the Account Holder, the Statement shall be deemed correct and the Account Holder shall be liable to pay for the outstanding balance stated thereon by the due date.
G. The Account Holder must promptly notify Mirabito in writing of:

1. Any change of address of the Account Holder
2. Any other information as may be requested by Mirabito from time to time.

III. CHARGES

A. Payment terms are 15 days from the Card Statement date.
B. If the Account Holder fails to fully settle the Account by the Payment Due Date, the Account Holder shall pay a finance charge (“Late Charges”) that will be billed to past due balances at a rate of 19.8% per annum, such terms are subject to change.
C. The Late Charges will accumulate until such time as the Account is fully settled.
D. Charge privileges may be suspended forthwith and without notice on past due Accounts. To protect your charge privileges, please pay promptly.

IV. THE CARD AND CARD REWARDS

A. The Card Holder can only use a Card during its validity as embossed on the Card. If the Card is mutilated the Account Holder shall notify Mirabito and request a new card and destroy the damaged card.
B. Should the Card be lost or stolen, the Account Holder must notify Mirabito by phone at the customer service number shown on each Statement and in writing immediately upon the occurrence or discovery of such loss or theft.
C. When a lost or stolen Card is subsequently found, the Account Holder agrees not to use such Card retrieved and shall notify Mirabito and request a new card and destroy the damaged card.
D. Daily “outstanding balance” for the purposes of calculation of late payment charges referred to above incudes all past due transactions, late payment charges, administrative fees and all other sums owed in respect of the Account.
E. No Late Charges shall be levied on such Statement if Mirabito receives full payment on or before the Payment Due Date.
F. You will receive cents off per gallon to be redeemed at all participating Mirabito Convenience Stores for certain purchases made at Mirabito Energy Products and Mirabito Convenience Stores.
G. The amount of cents off you are eligible to earn for purchases and/or the redemption items for said reward received might change from time-to-time. You will not earn cents off on sales tax, lottery tickets, cigarettes, and reward redemptions, prior purchases, returned merchandise or where the reward of such points is void or prohibited by law.
H. You must present your Card, or approved alternate identification, (as determined by Mirabito in its sole discretion) with every purchase in order to assure accurate tracking of rewards and redemption of offers.
I. Accounts under the same name will automatically be combined.
J. Rewards and/or cents off cannot be sold, transferred or assigned and may not be redeemed in violation of applicable law.
K. All cents off per gallon earned at Mirabito Convenience Stores will be valid for 90 days from the transaction date. If not redeemed, cents off per gallon will expire 90 days from date earned and will be subtracted from your account.
L. All cents off per gallon earned through fuel delivery or services provided by Mirabito Energy Products will be valid for 90 days from the delivery date. If not redeemed all expired cents off are null and void. In addition, the cents off per gallon earned through Mirabito Energy Products can be “banked” and exchanged for a certificate for a discount off a home comfort service.
M. The rewards available to you may change periodically and a list of current rewards may be found on our website at www.mirabito.com. We may change the purchase minimum at any time without prior notification to you. The discount in any reward certificate must be used in its entirety at the time of service and may not be redeemed for gift certificates, store credit, fuel purchases or any other type of cash reward. Reward certificates have no cash value and cash will not be paid for the unused portion of any reward certificate. Reward certificates are not transferable and we reserve the right to limit the time within which you may redeem a reward.
N. The Rewards Program (“the Program”)* has no predetermined termination date and may continue until such time as we, in our sole discretion, elect to terminate the Program. We have the right to end the Program at any time without providing written notice to you. Upon termination of the Program by us, any rewards earned and not redeemed will be null and void.

*See Mirabito Rewards Program Terms & Conditions

V. VALIDITY OF CARD HOLDERS

A. Every Card Holder who is authorized to use a Card on behalf of an Account Holder is jointly and severally liable with the Account Holder for all charges incurred by the use of the Card and the expression “Account Holder” shall be construed as including such Card Holder where necessary to give effect to this condition.
B. Each Account Holder requests Mirabito to issue and Mirabito agrees to issue a new Card periodically at times determined by Mirabito and the Account Holder agrees to be responsible for said Cards. Mirabito reserves the right not to issue cards without giving any reason and does not accept responsibility for failure/refusal to issue new cards as aforesaid.
C. The Account Holder agrees to surrender the Card upon request by any Mirabito representative. The use of the Card after a request for its surrender is fraudulent and renders the user liable to prosecution.
D. Where the Account Holder wishes to terminate his/her Account(s), he/she must ensure that the respective Card(s) are cut into halves and duly received by Mirabito. Until then, the Account Holder shall continue to be jointly and severally liable for charges incurred by the respective Additional Card Holder(s).
E. Prior to notification of Card loss to Mirabito, the maximum liability for the Account Holder due to unauthorized charges is governed by applicable federal law provided the Account Holder has not acted fraudulently or was not grossly negligent or has not otherwise failed to inform Mirabito as soon as reasonably practicable after becoming aware that his/her Card has been lost or stolen.
F. Cents off programs are not permitted for any business, including, but not limited to, individually owned, commercial or industrial businesses.
G. If you are less than 18 years old, you must have the permission of your parent or guardian to participate. You must be at least 14 years old to participate.

VIII. MIRABITO’S RIGHT TO CANCEL THE ACCOUNT

A. Mirabito reserves the right at any time (in its absolute discretion and without giving notice to the Account Holder or assigning any reason therefor to cancel, restrict and/or limit an Account Holder’s Account.

IX. MIRABITO EXCLUSION OF LIABILITY

A. Mirabito is not liable if it is unable to perform its obligations under this Agreement due, directly or indirectly, to the failure of any machine, system of authorization, data processing or communication system or transmission link or any industrial dispute, war, act of God or any other force of majeure events outside the control of MIRABITO, its servants or agents.
B. If Mirabito is unable to produce or send a Statement to the Account Holder for any reason, the Account Holder’s liability for service charges and other charges will continue and for the purpose of calculating Late Charges and other fees and establishing the date on which payment is due. Mirabito may select a date each month as the statement or closing date.
C. Mirabito is not liable in any way for any injury to the credit, character and reputation of the Account Holder arising from and in connection with the canceling of Account Holder’s account(s).
D. Mirabito is not liable for any failure of a participating merchant to give a benefit under the Program; any loss or damage whatsoever caused by, or arising out of, any merchandise purchased under the Program (and all express or implied warranties, including the implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed); any failure to notify you of any change in these terms and conditions and/or the Program benefits; or the modification, suspension or termination, in full or in party, of this Program.
E. We will use our best efforts to maintain the equipment and software used to operate and manage the Program however; we are not liable for any equipment and/or software technical difficulties which may or may not result in the appropriate rewards earned or reward certificate(s) issued.
F. Program rewards and reward certificates may be subject to federal, state or other taxes and such taxes are your sole responsibility.
G. Participation in the Program is void if prohibited by law in the jurisdiction in which you reside, or if you are under 14 years old. If we have to apply for any special license, bonding, permit or other governmental regulatory approval in any state, the Program will be void in that particular state. The Program may not be available in all areas in which Mirabito does business and we reserve the right to suspend or terminate the Program in any areas of Mirabito business

X. AMENDMENTS TO TERMS & CONDITIONS

A. Mirabito may make changes to the terms of this Agreement in accordance with applicable law.
B. Mirabito has the right to modify, add or delete any of the Program rules, terms and conditions, benefits or rewards, in whole or in part, at any time, with or without notice, even though such changes may adversely affect the value of points already accumulated or the value of the rewards.

XI. DISCLOSURE OF INFORMATION

A. The Account Holder authorizes Mirabito and its affiliates to disclose any information relating to them and their use of the Accountant at Mirabito’s sole discretion to any third party, including but not limited to any credit bureau, and/or to any other person to whom disclosure is permitted or required by law.
B. Mirabito will use its best efforts to rectify any erroneous information relating to the Account Holder and Mirabito shall not be liable for any claims or damages arising therefrom. For the purpose of assessing the credit worthiness of the Account Holder, Mirabito may obtain information relating to him/her from any credit bureau or reference agencies, banks and other creditors and he/she consents to them disclosing information about him/her to Mirabito.
C. The Account Holder consents and agrees that such information provided may be disclosed by Mirabito to any affiliate and subsidiary at which the cards can be used.

1.  Mirabito may report information regarding your account to credit reporting agencies. Late payments, missed payments or other defaults may be reflected in your credit report.

XII. MISCELLANEOUS

A. If any one or more of the provisions of this Agreement or any part thereof is declared to be illegal, invalid or unenforceable under any applicable law; it will not affect the legality, validity or enforceability of the remainder of this Agreement in that jurisdiction or the legality, validity or enforceability of this Agreement in any other jurisdictions.
B. Mirabito reserves the right to engage any debt collection agent to recover all outstanding balances and applicable collections fees allowed by law due to Mirabito and the Account Holder agrees that Mirabito receives the right at any time to disclose the account number and/or any other information pertaining to the Card Account without giving any notice and/or reason thereof to the Account Holder.
C. Any partial payment of any sum due, if accepted, is done without prejudice to Mirabito’s rights to make a claim for the whole outstanding sum and Mirabito may at its absolute discretion reject any partial payment of any sum due.
D. The Account Holder(s) authorize Mirabito to verify and exchange information on them from whatever sources as may be required and to release such information as may be obtained to any third party as may be required without reference to the Account Holder(s).
E. Time, whenever mentioned, shall be of the essence of this Agreement and no failure to exercise and delay in exercising on the part of Mirabito of any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege prelude any other or further exercise thereof or the exercise of any other right power or privilege. The rights and remedies herein provided are cumulative to and not exclusive of any rights or remedies provided by law.
F. This Agreement shall be binding upon the heirs, personal representatives and successors of the Account Holder and on the successor and assigns of Mirabito
G. This Agreement between Mirabito and the Account Holder(s) shall be deemed to have been made and executed at Mirabito’s New York headquarters in Binghamton, New York and any breach of the terms and conditions stated herein shall be deemed to have arisen in Binghamton, New York irrespective of where the Account Holder may reside or where the Transaction may have taken place.
H. If your account is eligible for a discount that discount will be adjusted from your monthly balance due and reflected on your monthly statement.
I. Your account is in default if you fail to comply with any of the terms of this agreement including incompetency, bankruptcy, insolvency, fraud, misrepresentation and in the event of your death. If you are in default, we may dose your account without notice, and you must immediately pay your unpaid balance.
J. If you are in default you will be liable for payment of Mirabito’s collections costs, attorney fees, court costs and all other expenses of enforcing our rights under this Agreement.