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The
following is the Agreement regarding the use of our site between the
Provider of the Membership Service ("We" and "Us") and
the enrolled member of this Membership Program ("You")
("Terms of Use"). THIS AGREEMENT CONCERNING THE USE OF OUR WEB
SITE DOES NOT IN ANY WAY, CHANGE, ALTER OR SUPERSEDE ANY OF THE TERMS OF
THE MEMBERSHIP AGREEMENT YOU ACCEPTED AND AGREED TO WHEN YOU ENROLLED IN
THIS PROGRAM ("Membership Agreement"). YOUR MEMBERSHIP AGREEMENT
GOVERNS IMPORTANT DETAILS INCLUDING, AMONG OTHER THINGS, THE BILLING,
RENEWAL AND CANCELLATION POLICIES OF YOUR MEMBERSHIP. IF YOU HAVE ANY
QUESTIONS REGARDING YOUR MEMBERSHIP, CALL OR EMAIL OUR MEMBER SAVINGS
REPRESENTATIVES USING THE CONTACT INFORMATION PROVIDED ON THE "CONTACT
US" PAGE OF THIS SITE.
Membership Benefits. As a member, You may
access through this site discounts and/or other benefits on certain
products and services offered by participating vendors. Benefits are
explained in either the "Member Area" of this site or in your Membership
Materials. Some of the Benefits may not be available in your area.
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Disclaimer of Liabilities. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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THE SERVICE AVAILABLE
THROUGH OUR WEB SITE (THE "SERVICE") IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. YOU USE IT AT
YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
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WITHOUT LIMITATION, WE
MAKE NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH
OUR SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
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ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
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NO ADVICE OR INFORMATION
OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE TERMS OF
SERVICE.
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FURTHER, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i)
THE USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED,
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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IN ORDER TO USE THIS SITE,
YOU MUST HAVE ACCESS TO THE WORLD WIDE WEB, EITHER DIRECTLY OR
THROUGH DEVICES THAT ACCESS WEB-BASED CONTENT. IN ADDITION, YOU MUST
PROVIDE ALL EQUIPMENT NECESSARY TO MAKE SUCH CONNECTION TO THE WORLD
WIDE WEB, INCLUDING A COMPUTER AND MODEM OR OTHER ACCESS DEVICE. YOU
ARE SOLELY RESPONSIBLE FOR ALL CHARGES ASSOCIATED WITH CONNECTING TO
THIS WEB SITE THROUGH AN AVAILABLE ACCESS NUMBER.
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Modification of Service. You agree that at our
sole discretion and without prior notice or liability, We may at any
time either temporarily or permanently discontinue or modify any
aspect of our site including, without limitation, (i)
restricting the time our site is available; (ii) restricting the
amount of use permitted; and (iii) restricting or terminating any
user's right to use our site.
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Access to Your Account. In order to permit Us to protect the quality of our site and services,
You hereby consent to Our employees being able to access Your account
and records as necessary to investigate complaints and other
allegations or abuse. We shall not disclose the existence or
occurrence of such an investigation unless required by law.
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Site Links. Our web site may
include links to other Internet sites maintained by third parties
("Linked Sites"). We provide You access to Linked Sites
solely as a convenience to You. We have no control over Linked Sites.
You acknowledge and agree that We are not responsible for the
availability of Linked Sites and You agree and understand that
inclusion of Linked Sites does not imply our endorsement of the Linked
Sites or any content, advertising, products or other material
available from Linked Sites. You further agree that We shall not be
held responsible or liable, directly or indirectly, for any damage or
loss caused by or in connection with the use of or reliance on any
such content, goods, or services available on or through any Linked
Sites.
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Privacy. You have read Our
Privacy Policy, the terms of which are incorporated herein and You agree
that the terms of such policy are reasonable. You consent to the use
of your personal information by Us and/or our third party providers
and distributors in accordance with the terms and for the purposes set
forth in our Privacy Policy.
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Denial of Access. These Terms of Use
constitute an agreement that is effective unless and until terminated
by Us. If You fail to comply with any term or provision of this
Agreement, You agree that We, in our sole discretion, may terminate
your access to our site.
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Modification of Terms of Service. We
reserve the right to change or modify these Terms of Use at any time
and your continued use of this site will be conditioned upon the Terms
of Use in force at the time of your use. You can always check the most
current version of the Terms of Use at this page.
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Copyright & Trademark Notices. You
acknowledge that Our site contains information, software, photos,
video, text, graphics, music, sounds or other material (collectively,
"Content") that are protected by copyrights, patents,
trademarks, trade secrets, or other proprietary rights, and that these
rights are valid and protect in all forms, media and technologies
existing now or hereafter developed. All content is copyrighted under
U.S. copyright laws. The Program name and logo are Our trademarks. All
other trademarks appearing on the site are the trademarks of their
respective owners. You may not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any way
exploit any of the Content in whole or in part.
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Entire Agreement. This
Agreement contains all of the Terms of Use for this site and no
representations, inducements, promises or agreements concerning the
use of this site not included in this Agreement shall be effective or
enforceable. If any of the terms of this Agreement shall become
invalid or unenforceable, the remaining terms shall not be affected.
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GOVERNING LAW. THIS AGREEMENT REGARDING
THE TERMS OF USE OF THIS SITE, SHALL BE GOVERNED AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS WITHOUT GIVING
EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
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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 Illinois 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 payment source 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 Illinois 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 Cook County,
Illinois
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 WITHIN TWENTY (20) DAYS AFTER
RECEIPT OF THIS "TERMS OF SITE USE." 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.
LAST UPDATED: 06/2017
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