Effective Date: December 1, 2011
The Price Savings Club program (“Program”) and PriceSavingsClub.com (the “Site”) is owned and operated by Engagement Promotion LLC (“Price Savings Club” or “We”).
BY ENROLLING IN THE PROGRAM, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS (“TERMS”) STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENROLL IN, OR DO NOT CONTINUE USING THE PROGRAM. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE THE PROGRAM AT ANY TIME AND IN ANY MANNER.
Membership in the Program is open to individuals who are legal residents of the fifty (50) United States and the District of Columbia, who are at least the legal age of majority in their state of residence as of the date of enrollment and have the capacity to enter into a binding contract. The Program is void elsewhere and where prohibited.
1. Membership Benefits. As a member of the Price Savings Club, you will have access to savings, discounts, incentives, rewards, bonuses, rebates and other benefits (collectively, “Benefits”) on certain products and services offered by various merchants, vendors, or suppliers (collectively, “Vendors”). The Benefits are administered through the Price Savings Club website by Loyalty Solutions, LLC (“Third Party Provider”). A current list of Benefits of the Program is available online at www.pricesavingsclub.com. We reserve the right to add, remove or modify the Benefits or Vendors participating in the Program at any time in our sole discretion.
3. Membership Term and Renewal. Unless you cancel your Membership, your Membership will continue automatically on a monthly, quarterly or annual basis, whichever may be applicable to your particular Membership (“Membership Period”). At the beginning of your Membership Period, Price Savings Club will charge the recurring membership fee (“Membership Fee”) to the credit or debit card you used to enroll in the Program (or your current card on file). The amount of the Membership Fee is the amount disclosed to you when you enroll in the Program. We may increase your Membership Fee at any time by providing email notice to you at least thirty (30) days in advance of such change, and you may cancel your Membership if you do not wish to continue with the Program at the revised Membership Fee. You are responsible for any other fees or charges that you incur in connection with the Program, including but not limited to bank fees or overdraft charges.
4. Cancellation; Thirty Day Refund Policy. Price Savings Club allows all Price Savings Club members who cancel within thirty (30) days of their date of enrollment to get a refund of their Membership Fee. You may cancel your Membership by calling us at 877-711-4748, Monday through Friday, 9am EST to 6pm EST.
5. Cancellation; No Refunds After Thirty Days. After your first thirty (30) days of Membership, you may cancel your membership at anytime to avoid future charges by calling us at 877-711-4748, Monday through Friday, 9am EST to 6pm EST. Upon receipt of your cancellation request, you will not owe any additional Membership Fees. No refunds will be provided on any past fees paid on your account.
6. Customer Service. You may reach customer service at 877-711-4748, Monday through Friday, 9am EST to 6pm EST, or by sending an email to firstname.lastname@example.org, or by using the Member Support form on the Price Savings Club website.
7. Use of Membership. Your Membership is non-transferable. You agree that only you, your spouse and children living in your household will have access to the Membership Benefits. Benefits are not for re-sale. You are entirely responsible for maintaining the confidentiality of your Membership password and user account information. You will promptly notify us if you become aware of any unauthorized use or loss of your Membership card or Membership number. Without limiting any other remedies, we may suspend or terminate your member account if we suspect, in our sole discretion, that you or any other person using your account has engaged in fraudulent activity in connection with the Program.
8. No Warranty/Limitation of Liability. You agree that Price Savings Club and the Third Party Provider, and their respective agents, representatives, subsidiaries, affiliates, officers, directors and employees (“Program Parties”) are not responsible or liable for any injuries, losses, claims, or damages (including, without limitation, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind), whether based in contract, tort, strict liability or otherwise, resulting from any use of the Program, the Benefits, and failure or delay by the Program Parties in connection with the Program, or the performance or non-performance of the Program by the Program Parties, even if the Program Parties have been advised of the possibility of damages. Notwithstanding this disclaimer, if any of the Program Parties is found liable for any loss or damages which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then its liability will in no event exceed, in total, the amount of money paid by you in Membership Fees.
If you have any claims relating to your purchase or use of any particular Benefit, you agree to make your claim solely against the Vendor providing the Benefit. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, such transactions. 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 Vendor or provider of the Benefits, as the case may be.
Neither PRICE SAVINGS CLUB, nor any other of the Program Parties makes any warranties, express or implied, with respect to the Program or the Benefits, which are provided on an “as is” and “as available” basis. THE PROGRAM PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. THE PROGRAM PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM OR THE BENEFITS, INCLUDING WITHOUT LIMITATION THAT THE PROGRAM OR THE BENEFITS WILL BE ERROR-FREE, OR AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OF INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM OR THE BENEFITS. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
The terms of this Section 8 may survive the termination, cancellation, or expiration of the Program or these Terms.
9. Email Opt In and Opt Out. As a member, you will receive emails regarding your Membership from Price Savings Club. As a member of Price Savings Club, you authorize Price Savings Club to send those emails to you. You may also receive tips, offers, and advertisements from Price Savings Club or from Vendors. Once your Membership is active, Price Savings Club will offer you the opportunity to opt out of further emails from Price Savings Club, however Price Savings Club does not control emailing activities of Vendors and, depending on your account status, and your actions with regard to the Benefits, you may need to communicate directly with Vendors to opt out of their emails.
10. Modifications/Termination. We reserve the right at any time to modify, suspend or permanently discontinue your Membership and/or the Program or any portion thereof, with or without notice. Your continued use of the Program following the modification of any of these Terms constitutes your agreement to such modification. You hereby agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Program or your Membership.
11. Arbitration. All legal issues arising from or related to your use of the Program and these Terms shall be construed in accordance with the laws of the State of California applicable to contracts entered into and wholly to be performed within California. Any controversy or claim arising out of or relating to these Terms or your use of the Program shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in Los Angeles in Los Angeles County and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) By enrolling in the Program and thereby agreeing to these Terms, you hereby consent to the personal jurisdiction and venue in the state and federal courts sitting in the State of California.
12. Assignment. We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees.
13. Entire Agreement. These Terms constitutes the entire agreement between you and Price Savings Club relating to the subject matter herein.
Effective Date: December 1, 2011