TERMS OF MEMBERSHIP AND MEMBERSHIP AGREEMENT
The following is the Membership Agreement between the provider of this membership program ("We" and "Us") and the enrolled member of this membership program ("You"). UPON ENROLLMENT, YOU AGREE TO THESE TERMS AND CONDITIONS. WE URGE YOU TO READ THIS MEMBERSHIP AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL OUR MEMBER SAVINGS REPRESENTATIVES AT THE NUMBER ON YOUR MEMBERSHIP CARD/MATERIALS OR ON THE PROGRAM WEBSITE.
- Membership Benefits. As a Member, You are entitled to access discounts and/or other benefits on certain products and services offered by participating vendors ("Benefits"), as explained in the membership materials or on the membership program website ("Program Website"). Some Benefits may not be available in Your area. Please see Your membership materials and Program Website for details and limitations. We reserve the right to suspend or end the program or certain aspects thereof, without prior notice, in our sole discretion. We also reserve the right to suspend or end certain aspects of the program in certain geographic areas, without prior notice, in our sole discretion.
- Use of Membership. Your membership is non-transferable. FOR NON-CREDIT REPORT AND CREDIT SCORE RELATED PRODUCTS:You agree that only You and Your Immediate Family may use the membership. "Immediate Family" means You, Your spouse or partner and Your children living in Your home. FOR CREDIT REPORT AND CREDIT SCORE RELATED PRODUCTS: You agree that only You may use the membership. FOR ALL PRODUCTS: Benefits are not for resale. You will promptly notify Us if You become aware of any unauthorized use of Your membership card (where applicable) or membership number, or if Your membership card (where applicable) is lost or stolen. If You were offered the opportunity to claim a gift in connection with Your enrollment in the program, You are limited to one gift per program and, depending upon the offer You agreed to, You may be required to still be a member of the program at the time Your gift claim is processed.
- Membership Term. Your membership is effective for: (a) under the annual payment plan, a period of twelve (12) months following the membership enrollment date, (b) under the monthly payment plan, a period of one (1) month following the membership enrollment date and will continue on a month-to-month basis until You cancel Your membership as described below, or (c) under the installment payment plan, the period agreed upon by You. You are limited to one membership per twelve-month period per Immediate Family as defined below.
- Payment of Membership Fee. The payment of Your membership fee (which, if applicable, includes any trial period fee) as well as enrollment or processing fees and shipping and handling charges, if applicable, is made automatically by a direct charge(s) to the payment source authorized by You ("Payment Source"), in accordance with the payment terms to which You agreed. In the event that Your Payment Source cannot process the membership fee due to insufficient available credit or funds, We may, at our discretion, divide the total membership fee into incremental charges in order to process the total membership fee.
- Promotional Membership Fee. From time to time, in our sole discretion, We may provide a reduced membership fee, for a promotional period, to first-time or other selected customers. If You are provided with such a promotional reduction in Your membership fee ("Promotional Membership Fee"), Your Payment Source will be charged the Promotional Membership Fee for the promotional period. You agree that any such reduced price is only valid for the promotional period established by Us, and that the regular applicable periodic membership fee will be charged to Your Payment Source following the end of the promotional period. Terms of the Promotional Membership Fee, including the duration and amount of the Promotional Membership Fee, may vary from time to time.
- Continuation or Renewal of Membership. Unless You notify Us that You wish to terminate this Membership Agreement and cancel Your membership by following the instructions in the paragraph below titled "Termination of Membership", Your membership will continue or renew automatically, and You will be charged the membership fee, which will appear on Your Payment Source statement, depending upon how You enrolled. This is known as a continuity plan. For Annual Payment Plan Memberships: We reserve the right to increase or decrease the membership fee for each renewal membership term, or add new fees and charges, from time to time, effective upon annual renewal of Your membership. For Monthly Payment Plan Memberships: We reserve the right to increase or decrease the membership fee, or add new fees and charges, from time to time. You agree that, unless You cancel Your membership prior to the effective date of the membership fee increase, You will be charged the new applicable periodic membership fee on each anniversary date after the effective date of such change, and You authorize Us to charge the new applicable periodic membership Fee to Your Payment Source. You are solely responsible for any and all fees charged to Your Payment Source by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.
- Electronic Fund Transfer Authorization By Debit Card/Checking Account Users. If the Payment Source You have provided is a checking account, You authorize Us to create an electronic funds transfer request ("EFT") which will be presented to Your bank for payment from Your checking account. To extend Your membership Term period-to-period, You authorize Us to charge Your checking account on periodic anniversary dates and therefore to effect pre-authorized transfers from Your checking account. Your request to pay Your recurring periodic membership Fee with pre-authorized charges to Your checking account and Your electronic execution of an acknowledgement of Your acceptance of this Membership Agreement ("Electronic Signature") constitutes Your pre-authorized EFT authorization for future charges on Your checking account and Your assent to these terms and conditions. You further acknowledge that the amount charged to Your checking account may be different from time to time, in accordance with this Membership Agreement, including, without limitation, differing amounts due to Promotional membership Fees or differing amounts due to changes in Your membership plan, and You authorize Us to charge Your checking account for such varying amounts. You agree that if an EFT is returned unpaid, You will pay a service charge of the maximum allowed by law. EFTs returned for insufficient or uncollected funds, together with service charges, may be debited electronically from Your account or collected using a bank draft drawn from Your account. You may cancel Your membership as described herein. Such cancellation will cancel any checking account authorization that was to occur on any day after the date of cancellation. You may also cancel Your pre-authorized debit authorization by contacting Your bank within a sufficient time to cancel the authorization (see Your agreement with Your bank for the terms and conditions of cancellation), but cancellation of Your authorization with Your bank will not serve as notice to Us concerning cancellation of Your membership.
- Notice of Price Change. We will send You advance written notice of all changes to Your membership fee that vary from the amount You previously authorized. Should You not wish to pay this amount, please call or email us to cancel Your membership.
- Termination of Membership. YOU MAY TERMINATE THIS MEMBERSHIP AGREEMENT AND YOUR MEMBERSHIP AT ANY TIME BY CALLING US AT THE TOLL-FREE NUMBER LISTED ON YOUR MEMBERSHIP CARD/MATERIALS OR THE PROGRAM WEBSITE OR BY NOTIFYING US IN WRITING AT MEMBER SAVINGS, 9500 WEST DODGE ROAD, SUITE 100, OMAHA, NE 68114-3331. YOUR CANCELLATION WILL BE EFFECTIVE PROMPTLY UPON THE RECEIPT OF YOUR CANCELLATION REQUEST. UPON CANCELLATION, DEPENDING UPON THE TERMS YOU AGREED TO, a) UNDER THE ANNUAL PAYMENT PLAN, YOU WILL RECEIVE EITHER A PRO-RATED OR A FULL REFUND OF THE PAID MEMBERSHIP FEE FOR THE THEN-CURRENT YEAR; b) UNDER THE INSTALLMENT PAYMENT PLAN, YOU WILL EITHER RECEIVE A PRO-RATED OR A FULL REFUND OF THE PAID MEMBERSHIP FEE FOR THE THEN-CURRENT YEAR; c) UNDER THE MONTHLY PAYMENT PLAN, YOU WILL NOT OWE ANY FURTHER MEMBERSHIP FEES AND WILL NOT BE ENTITLED TO A REFUND OF PAST FEES CHARGED TO YOUR ACCOUNT; AND d) UNDER CERTAIN OTHER PAYMENT PLANS, YOU WILL NOT OWE ANY FURTHER MEMBERSHIP FEES AND WILL NOT BE ENTITLED TO A REFUND OF PAST FEES CHARGED TO YOUR ACCOUNT. IN THE EVENT THAT YOU CONTACT US WITHIN THE FIRST 30 DAYS (FOR OFFERS WITH A TRIAL PERIOD OF 7 OR FEWER DAYS) OR 60 DAYS (FOR OFFERS WITH A TRIAL PERIOD OF 8 OR MORE DAYS) AND ADVISE US THAT YOU WERE UNABLE TO ACCESS THE BENEFITS AND WE CONFIRM THAT, IN FACT, YOU DID NOT ACCESS THE BENEFITS, WE WILL ISSUE YOU A REFUND AND CANCEL YOUR MEMBERSHIP. DEPENDING UPON THE TERMS YOU AGREED TO, ANY ENROLLMENT, PROCESSING AND/OR TRIAL PERIOD FEES MAY NOT BE REFUNDABLE. ANY OTHER FEES OR CHARGES INCURRED IN CONNECTION WITH THE PROGRAM (INCLUDING BANK OR OVERDRAFT CHARGES) ARE YOUR RESPONSIBILITY. WE WILL TERMINATE YOUR MEMBERSHIP IF IT IS NOT USED IN ACCORDANCE WITH THIS MEMBERSHIP AGREEMENT OR HAS NOT BEEN PROPERLY ENROLLED THROUGH AN AUTHORIZED MARKETING OR ADVERTISING PARTNER. IN SUCH CASES, WE RESERVE THE RIGHT TO: (1) NOT REFUND MEMBERSHIP FEES PAID BY YOU; (2) NOT TO FULFILL ANY PENDING BENEFIT ORDERS; AND (3) NOT PROCESS ANY CREDITS FOR GIFT CARDS OR CERTIFICATES PURCHASED UP TO ONE MONTH PRIOR TO CANCELLATION OF THE MEMBERSHIP BY US. WE RESERVE THE RIGHT TO TERMINATE YOUR MEMBERSHIP AT ANY TIME FOR ANY OTHER REASON PROVIDED THAT WE MAKE ANY REFUND DUE TO YOU BASED UPON THE TERMS OF YOUR ENROLLMENT. A MEMBER IS PROHIBITED FROM RE-ENROLLING IN THE PROGRAM FOR AT LEAST TWELVE (12) MONTHS FROM CANCELLATION.
- Entire Agreement. This Membership Agreement contains all of the terms of membership, and no representations, inducements, promises or agreements concerning the membership not included in this Membership Agreement shall be effective or enforceable. If any of the terms of this Membership Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
- Governing Law. THIS MEMBERSHIP AGREEMENT AND THE TERMS OF MEMBERSHIP SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CONNECTICUT, WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
- Arbitration. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute or controversy between You and Us (or made by or against anyone connected with You or Us, or claiming through You or Us) arising from or relating to Your membership ("Claim"), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Membership Agreement.
Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of Connecticut, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 ("FAA"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the federal judicial district that includes Your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of Connecticut without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.
If You prevail in the arbitration of any Claim against Us, We will reimburse You for any fees You paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.
Arbitration rules and forms may be obtained from the AAA at http://www.adr.org/. Claims shall be filed in any AAA office. However, any participatory hearing that You attend shall take place in Fairfield County, Connecticut, unless You chose to have the hearing take place in the federal judicial district that includes Your billing address at the time the arbitration Claim is filed.
This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of Your membership as well as voluntary payment of the debt in full by You or any bankruptcy by You.
IF YOU DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING BY REGISTERED MAIL AT ARBITRATION OPT-OUT, 9500 WEST DODGE ROAD, SUITE 100, OMAHA, NE 68114-3331. WITHIN TWENTY (20) DAYS AFTER RECEIPT OF THIS "TERMS OF MEMBERSHIP AND MEMBERSHIP AGREEMENT." IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU MAY CONTINUE TO BE A MEMBER FOR THE CURRENT MEMBERSHIP TERM UNLESS THE MEMBERSHIP IS OTHERWISE TERMINATED HEREUNDER. HOWEVER, IN THE EVENT YOUR MEMBERSHIP IS CONTINUED, WE SHALL HAVE THE RIGHT NOT TO RENEW YOUR MEMBERSHIP AT THE END OF THE MEMBERSHIP TERM (OR TWELFTH MONTH ANNIVERSARY DATE FOR MEMBERSHIPS UNDER THE MONTHLY PAYMENT PLAN).
- Disclaimer of Liability. You agree that We and our subsidiaries and affiliates are not responsible or liable for any Benefits provided by participating vendors and, if You have any claims relating to such Benefits, You will make Your claim against the vendors providing the Benefit. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE BENEFITS OR RELATED INFORMATION PROVIDED TO YOU. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED YOUR CURRENT MEMBERSHIP FEE, AND UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR YOUR INCIDENTAL OR CONSEQUENTIAL DAMAGES. We reserve the right to eliminate, add, change and substitute Benefits and participating vendors without notice to You in our sole discretion. We assume no responsibility for the payment of or contribution to any use or sales tax on the Benefits which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain Your sole responsibility or that of the provider of the Benefits, as the case may be.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, PROGRAM WEBSITE, ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THE PROGRAM SITE, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THE PROGRAM WEBSITE, ANY LINK PROVIDED ON THE PROGRAM WEBSITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR MEMBERSHIP.
- Travel Services Escrow for California Residents. We have established an escrow account for the refund of losses for transportation or travel services provided by Us, if any, under the program which were not delivered or not refunded ("Unrefunded Travel Service Charges") to California residents. If You are a California resident and have a claim of Unrefunded Travel Service Charges, please write to LaSalle Bank National Association, 135 South LaSalle Street, Suite 1960, Chicago, IL 60603, Attention: Escrow Agent. Refunds from the escrow account for Unrefunded Travel Service Charges may, in addition to other remedies and sources available to You, be obtained by mailing a return request along with proof of membership to the Escrow Agent. This refund request shall not affect or limit any other remedy at law available to You.
- Availability Restrictions. This program is only available to residents of the contiguous United States. Orders to U.S. military post offices cannot be fulfilled.
- Consent to Electronic Communications. You consent to receive communications from Us about Your membership electronically, either by e-mail or by notices posted on the Program Website, as determined by Us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to You by Us in writing is satisfied by such electronic communication. You agree that We may send You e-mails which include notices about Your membership as well as information pertaining to the program and services, such as featured products/services or new offerings. You agree that this information is part of Your membership with Us.
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