This Agreement contains the Terms and Conditions of becoming a Saving Makes Money Member
BY ACCESSING AND/OR USING THE SAVING MAKES MONEY MEMBERSHIP WEB SITE (THE "WEB SITE") AND/OR OUR SERVICE (THE "SERVICE"), I AGREE TO COMPLY WITH, AND BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT").
NOTICE TO MEMBER: (A) DO NOT USE THIS PROGRAM BEFORE YOU READ THIS AGREEMENT CAREFULLY. (B) YOU ENROLLED IN SAVING MAKES MONEY THROUGH YOUR MEMBERSHIP WITH SAVING MAKES MONEY. THE PROCESSING FEE FOR THE SAVING MAKES MONEY MEMBERSHIP IS $87, WHICH WILL BE DEBITED BY SAVING MAKES MONEY, (C) THE MONTHLY FEE FOR SAVING MAKES MONEY IS $19.95, WHICH WILL BE DEBITED BY SAVING MAKES MONEY. (D) GUARANTEED QUALIFICATIONS: YOU MUST BE 18 YEARS OF AGE, A U.S. CITIZEN OR PERMANENT RESIDENT. MEMBERSHIP IS NOT AVAILABLE TO RESIDENTS OF WISCONSIN, VERMONT, INDIANA, LOUISIANA, OHIO, OREGON, NORTH DAKOTA, AND IOWA .
This Agreement contains information about the use of this Account and explains the terms by which both You and We agree to be bound. In this Agreement, the words "I", "My", and “Me" mean the Member; the words "We" or "the Company" mean Saving Makes Money and Saving Makes Money; and the word "Account" means the Saving Makes Money Account. This Agreement describes the Terms and Conditions under which My Saving Makes Money Account is issued. I certify that I am at least 18 years of age, and the information I provided to Saving Makes Money in order to obtain this Account is true and accurate. I understand that My use of the Discount Program constitutes My acceptance and agreement to comply with and be bound by the Terms and Conditions of this Agreement.
The Federal E-Sign Act (HR-1714) on Final Digital Signature provides that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By completing the online application for the Saving Makes Money Membership, I certify that My digital signature is the equivalent of My handwritten signature. Also, I declare that I have read and understand all of the Terms and Conditions of this Agreement and I agree to and do sign each section of these Terms and Conditions of this Agreement with My digital signature.
1. ACCEPTANCE OF AGREEMENT: This Agreement and the Web Site constitute the entire agreement between Me and the Company and warranties and/or understandings with respect to the Web Site, and I agree to review this Agreement prior to each use of the Web Site, the Service and/or My Account. The latest Agreement will be posted on the Web Site.
2. DISCLAIMERS: Saving Makes Money is not a credit services organization, financial or banking institution. My Account is a discount program membership that can be used by an Accountholder to get discounts and savings at participating vendors within the program.
3. RETURNED AND NSF ACH PAYMENTS: In the event that My Saving Makes Money Processing fee is returned due to non-sufficient funds, I authorize Saving Makes Money to debit My bank account again, and Saving Makes Money is not responsible for any NSF fees charged Me by My bank. My monthly fee will remain at $19.95 and My bank account will be debited $19.95 per month. I am authorizing the debiting of My bank account; therefore, Saving Makes Money is not responsible for any overdraft fees charged by My bank or incurred by Me due to draft attempt(s).
4. RESPONSIBILITY AND LIABILITY: The Company shall have no liability with regard to any services provided by any vendor/benefit provider. I agree that any claim with regard to any services shall be made against the vendor of such services and not the Company the Company’s sole obligation hereunder shall be to allow access to the vendor/benefit provider. All benefit providers are independent companies and are not agents of the Company. All benefits are subject to the terms and conditions specified by the suppliers. The Company does not have the authority to alter those terms. The Company is not responsible for personal injuries, loss or damage of property, inconvenience or expense resulting from matters beyond its control, government actions, strikes, theft, and changes in benefit offering, or acts of God. The Company may, in its sole judgment, make any changes and cancellations to any benefits that it believes necessary. Individual benefit programs within the Saving Makes Money may be subject to separate terms and conditions and may be altered or substituted with products or services of equal or better value.
5. PROCESSING AND MEMBERSHIP FEES: The cost of the Saving Makes Money processing is $87 and is debited by Saving Makes Money. By contacting Saving Makes Money’s customer service department at www.MembershipSmmSupport.com or by calling 818-309-1344, you can cancel Your Processing fee within three (3) days of Your submission of the application, in which case Your bank account will not be debited; or three (3) days after completing the application, Your application will be automatically processed and You must contact Saving Makes Money to request a refund. A full refund of Your Processing fee will be made if a request is received within 5 days after the date that You receive your bank statement showing the Processing payment of $87 being debited from Your bank account. Saving Makes Money will require a copy of Your bank statement showing the deducted funds and bank statement date. Please allow up to thirty (30) days for any qualifying refund to be returned from the date Saving Makes Money verifies Your payment was received by them. No refund will be given for requests made beyond 5 days after the receipt of Your bank statement or if you have received and activated Your Saving Makes Money Membership. My Monthly Membership Fee for My Saving Makes Money is $19.95, which Saving Makes Money will debit from My bank account, beginning as soon as thirty (30) days from submission of My application.
6. NSF PAYMENTS AND NSF FEES: There will be a non-sufficient funds fee of $30.00 deducted in the event that any debit previously authorized by Me has been returned unpaid by My bank for any reason.
7. CANCELLATION OF ACCOUNT: My Saving Makes Money Membership Account will be active from the date of issue until I cancel. The Company, at its sole discretion, may cancel this Agreement if I default on this contract. You may cancel your future monthly membership of $19.95 at anytime, but will not be refunded for previous or current month(s).
8. FRAUD RESOLUTION: As a matter of policy, the Company fully cooperates with all law enforcement agencies in the pursuit of fraud, with regard to the unauthorized use of information in applying for this membership. If I believe My bank account was fraudulently charged for the membership fee, the Company will make every effort to aid in a resolution. Before the Company can take any action, please fax or mail a copy of the official report filed with Your local Police or law enforcement agency detailing the suspected fraudulent act and also a copy of the portion of Your Account statement showing the date and amount of the withdrawal. Please allow us two (2) weeks for resolution after We receive the report and statement.
9. GOVERNING LAW AND VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The Company and I agree that any litigation related to the Agreement shall be brought and enforced in, and will be under the exclusive jurisdiction of, the courts of the State of California in Los Angeles County or the federal courts of the United States for the Central District of California.
10. PROPRIETARY RIGHTS: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Web Site, the Service and/or My Account are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by the Member of any part of the Web Site, the Service and/or My Account are strictly prohibited. I do not acquire ownership rights to any content, document, software, service or other materials viewed at or through the Web site, the Service and/or Your Account. The posting of information or material at the Web site and Service by the Company does not constitute a waiver of any right in such information and/or materials.
12. INDEMNIFICATION: You agree to indemnify, defend and hold Saving Makes Money, its owners, and each of their respective officers, partners, members, employees, agents and attorneys, and affiliates (each a "Covered Party"), harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys' fees, administrative costs and/or settlement costs) arising from Your breach of this Agreement and/or Your use of the Web site, the Service and/or Your Account, in any manner whatsoever.
13. SHARING INFORMATION WITH THIRD PARTIES: The Company may disclose to its affiliate companies any and all of the information that the Company collects in the application process and that the Company may have gathered in consideration of My application. The Company does not share information with any non-affiliated third parties except in select circumstances when a business partner refers the Member to the Company and the Member gives the Company permission to share information with that business partner. When identifying methods of improving the Company’s products and services or if the Company thinks a product may be of interest to Me, the Company may arrange to extend offers of goods or services to Me either directly or through the Company’s affiliates. In addition, the Company may disclose all of the information it collects, as described above, to companies that perform services on the Company’s behalf such as email communications management firms or call center providers. The Company may also disclose nonpublic personal information about me to nonaffiliated third parties as permitted by law.
14. MEMBERSHIP IN GOOD STANDING REQUIREMENT: I understand that My membership benefits and/or special promotions/programs are subject to My maintaining My Account in good standing by making My Monthly Member Payments on time. Should I become delinquent on My Account, or in default, I understand that my privileges and benefits may be changed and/or suspended until I have re-established a consistent pattern of on-time Monthly Membership Payments. I certify that I have read, understand and agree to all the Terms and Conditions and Disclosures written in this Agreement. I certify that all the information I provided to the Company is true, accurate and verifiable. The information about the costs of the membership described in this application/solicitation is accurate as of June 2010. The information may be changed after that date. To find out what may have changed, contact Saving Makes Money at www.MembershipSmmSupport.com or by calling 818-309-1344. If the Account holder does not agree with any changes in the terms and conditions of the Account, the Account holder may close their Account without incurring any penalty.
Terms and Conditions of this Program may be modified and Services and Benefits may be added or deleted at any time.
15. COMMUNICATIONS: I understand and agree that the Company may contact Me via telephone (both live and recorded messages), e-mail, mail, and other forms of communication, pertaining to My Account as well as other offers or programs that the Company believes may be of interest to Me.
16. DISCLAIMERS AND LIMITATIONS: THE WEB SITE, THE SERVICE, MY ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SAVING MAKES MONEY PROGRAM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEB SITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COMPANY AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE SERVICE, MY ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COMPANY AND THE COVERED PARTIES ARE NOT LIABLE TO ME AND/OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS; LOSS OF PROFITS; DAMAGE TO REPUTATION OR GOODWILL; DEGRADATION IN VALUE OF BRANDS; TRADE NAMES; TRADEMARKS, SERVICE NAMES OR SERVICE MARKS; LITIGATION; OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FAILURE TO WARN OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND ME. THE WEB SITE, THE SERVICE, MY ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE WOULD NOT BE PROVIDED TO ME WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ME FROM THE COMPANY THROUGH THE WEB SITE, THE SERVICE, MY ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND/OR WORMS CONTAINED WITHIN AN ELECTRONIC FILE AVAILABLE AT THE WEB SITE AND/OR THROUGH THE SERVICE IS DISCLAIMED. I UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED, OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE WEB SITE, THE SERVICE AND/OR MY ACCOUNT IS DONE AT MY OWN DISCRETION AND AT MY OWN RISK. I WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO MY COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
THE COMPANY SHALL NOT BE LIABLE TO ME FOR ANY SERVICE, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEB SITE AND/OR SERVICE.
17. DISPUTES: The Company and I agree to make a diligent, good faith attempt to resolve any dispute or claim arising out of relating in any way to the Web Site or the Service, this Agreement and this arbitration agreement (“Dispute”) informally before either party commences arbitration or files a lawsuit with respect to the Dispute. The claiming party will, within a reasonable period after its written notice of such Dispute, provide the other party with reasonably detailed particulars of the circumstances surrounding the Dispute and true and correct copies of all documents relevant to the Dispute, addressed to Customer Service, Saving Makes Money, P.O. Box 260770, Encino, California 91426 (if to Company) and to My email address used with My Account (if to Me) (either, “Initial Notice”). If the parties are unable to resolve the Dispute within 45 days of the Initial Notice, then either party may commence arbitration or file a claim in small claims court.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. I agree that, by agreeing to the terms and conditions of this Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that the Company and I are each waiving the right to a trial by jury or to participate in a class action. This “Disputes and Venue“ provision shall survive expiration or earlier termination of this Agreement and of My Account.
If I elect to seek arbitration or file a small claims court action, I must first send to the Company, by certified mail, a written notice of My claim. The notice to the Company must be addressed to: General Counsel, Saving Makes Money, P.O. Box 260770, Encino, California 91426 ("Notice Address"). If We initiate arbitration or a small claims court action, We will send a written notice to the email address used for the Account. A notice, whether sent by Me or by the Company (either, “Legal Notice”), must (a) describe the nature and basis of the Dispute; and (b) set forth the specific relief sought ("Demand"). If the Company and I do not reach an agreement to resolve the Dispute within 30 days after the Legal Notice is received, the Company or I may commence an arbitration proceeding or file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless the Company and I agree otherwise, any claim filed in small claims court and any arbitration hearings will be in Los Angeles County, California.
The Company and I agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator and through a telephonic hearing. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues Me an award that is greater than the value of the Company’s last written settlement offer made before an arbitrator was selected (or if the Company did not make a settlement offer before an arbitrator was selected), then the Company will pay you the amount of the award or $87, whichever is greater. Except as expressly set forth herein, the AAA Rules will govern the payment of all filing, administration and arbitrator fees.
THE COMPANY AND I AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN MY OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both the Company and I agree otherwise, the arbitrator may not consolidate more than one person's claims with my claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
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