TERMS OF MEMBERSHIP AND MEMBERSHIP AGREEMENT
The following is the Membership Agreement between the Provider of the Membership Service described in these Membership Materials (“We” and “Us”) and the person whose name appears on the attached Membership card (“You”). YOU ARE URGED TO READ THIS MEMBERSHIP AGREEMENT CAREFULLY AND TO CALL OUR MEMBER SAVINGS REPRESENTATIVES AT THE NUMBER ON YOUR MEMBERSHIP CARD AND/OR LISTED on the product website IF YOU HAVE ANY QUESTIONS.
1. Membership Benefits. As a Member, You are entitled to discounts and/or other benefits on certain products and services offered by participating vendors (Benefits) as explained in the Membership Materials. Some of the Benefits may not be available in your area. Reward Points Credit ($1.00 per Reward Point) will be processed by Adaptive Marketing LLC. Reward Points are processed within 35 days of gift card/certificate charge and will appear on one of your next two billing statements. You must be an active member to receive reward credits.
2. Membership Term. Your initial Membership is effective for a period of twelve months following the date of membership enrollment under the annual membership plan or for the period agreed upon under the installment membership plan authorized by You. You are limited to one Membership per household per twelve-month period.
3. Renewal of Membership. Unless You notify Us that You wish to terminate this Agreement and cancel your Membership by following the instructions below, your membership will be renewed automatically and You will be billed the then-effective Membership Fee which will appear on your billing statement. This is known as a Continuity Plan.
4. Notice of Price Change. You have the right to receive written notice of all changes to your membership fee that vary from the amount you previously authorized. Should you wish to receive such written notification in advance of any change to your membership fee, please contact us at 1-877-906-9072 or write to: Renewal Price Change Notification, P.O. Box 5151, Des Plaines, IL 60017. Please include your name, address, telephone number and member ID.
5. Payment of Enrollment Fee. The payment of your trial period (if applicable) and Enrollment Fee (comprised of a Membership Fee and, if applicable, shipping and handling charges) is made automatically by a direct charge(s) to the billing source authorized by You, in accordance with the payment terms to which You agreed. We reserve the right to increase or decrease the Enrollment Fee for each renewal Membership Term effective upon renewal of your Membership. You will be notified of a rate increase should the rate change from the current first year’s membership fee and for each renewal year thereafter.
6. Use of Membership. Your Membership is Non-transferable. You agree that only You and your Immediate Family may use the Membership. Membership Benefits are not for resale. "Immediate Family" means You, your spouse and your children living at your home. You will promptly notify Us if You become aware of any unauthorized use of your Membership card or Membership number, or if your Membership card is lost or stolen. Where applicable, You are limited to one premium per program.
7. 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, EXPRESSED 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. 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.
8. Entire Agreement. This Agreement contains all of the Terms of Membership, and no representations, inducements, promises or agreements concerning the Membership not included in this Agreement shall be effective or enforceable. If any of the terms of the Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
9. GOVERNING LAW. THIS 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.
10. 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") 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 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, P.O. BOX 5151, DES PLAINES, IL 60017-5151 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. HOWEVER, IN THAT EVENT, WE SHALL HAVE THE RIGHT NOT TO RENEW YOUR MEMBERSHIP AT THE END OF THE MEMBERSHIP TERM.
11. TERMINATION OF MEMBERSHIP. YOU MAY TERMINATE THIS AGREEMENT AND YOUR MEMBERSHIP AT ANY TIME BY CALLING US AT THE TOLL-FREE NUMBER ON YOUR MEMBERSHIP CARD AND/OR LISTED ON THE PRODUCT WEBSITE OR BY NOTIFYING US IN WRITING AT MEMBER SAVINGS, P.O. BOX 5152, DES PLAINES, IL 60017-5152. YOUR CANCELLATION WILL BE EFFECTIVE PROMPTLY UPON THE RECEIPT OF YOUR CANCELLATION NOTICE. UPON CANCELLATION (a) UNDER THE SINGLE PAYMENT PLAN, YOU WILL RECEIVE A FULL REFUND OF THE PAID MEMBERSHIP FEE FOR THE THEN-CURRENT YEAR; (b) UNDER THE MONTHLY PAYMENT PLAN, YOU WILL receive a full refund of the membership fee for the current paid month. THE FEE FOR THE TRIAL PERIOD (if applicable) IS REFUNDABLE. ANY FEES OR CHARGES INCURRED OTHER THAN THE MEMBERSHIP FEE (INCLUDING BANK OR OVERDRAFT CHARGES) WILL CONTINUE TO BE YOUR RESPONSIBILITY. WE MAY TERMINATE THIS AGREEMENT AND YOUR MEMBERSHIP AT ANY TIME UPON WRITTEN NOTICE TO YOU AND REFUND OF YOUR THEN-CURRENT PAID MEMBERSHIP FEE.
12. CALIFORNIA RESIDENTS ONLY. Privacy Plus has established an escrow account for the refund of membership fees at LaSalle Bank National Association, 135 South LaSalle Street, Suite 1960, Chicago, IL 60603 Attention: Escrow Agent. Refunds from the escrow account may, in addition to other remedies and sources available to You, be obtained by mailing a written request along with proof of membership to Escrow Agent. This refund request shall not affect or limit any other remedy at law available to You.
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