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These Terms and Conditions of Membership and Use are a legally binding agreement made by and between You (“You”, “Your” or “Yours”), the person who has enrolled as a member in Magazine Perks (the “Program”) and Synergy Teleservices Corporation (‘Administrator”, “We” “Us”, “Our”) and constitutes the Membership Agreement between You and Us made upon Your enrollment in the Program.
BY ACCEPTING AN OFFER TO ENROLL IN THE PROGRAM, AS WELL AS BY USING ANY OF THE PROGRAM BENEFITS/SERVICES OR BY LOGGING ONTO OR USING THE PROGRAM MEMBERSHIP WEBSITE (“WEBSITE”), EACH TIME YOU DO SO, YOU EXPRESSLY SIGNIFY AND ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF MEMBERSHIP AND USE. IF YOU HAVE ENROLLED IN THE PROGRAM AND DO NOT CONTACT US TO CANCEL YOUR MEMBERSHIP WITHIN 24 HOURS OF RECEIVING THESE MATERIALS, YOU ARE IRREVOCABLY DEEMED TO HAVE AGREED TO AND ACCEPTED THESE TERMS AND CONDITIONS OF MEMBERSHIP AND USE.
Please retain the membership materials which have been mailed to you for Your records which outline the billing and renewal terms applying to Your membership (authorized through Your acceptance of membership in the Program), its cancellation policy and cancellation method(s). This same form was made available for You to print out and retain if You were sent a welcome email from Us upon receiving and processing Your enrollment in the Program. Such email could only have been sent to You if You had provided Us with Your email address at the time You accepted a membership in the Program.
As a member of the Program, You have access to savings, discounts, and other benefits on specified products and services, and through specified retailers, most of which are offered by or arranged through third party providers and suppliers who are independent from Us as the Administrator. Please refer to your membership materials and the Website for all relevant information in connection therewith.
Your Program membership, in accordance with the membership offer You accepted, is a monthly subscription membership plan, which commences at the earliest of when You receive by mail these Program membership materials or when an email from Us confirming Your enrollment in the Program has been transmitted to You containing Program membership website access information. Please refer to Your membership materials or any welcome email You receive from Us which confirms the Program membership offer. Your membership is effective immediately, unless you cancel, your membership will renew automatically and continues thereafter on a month-to-month basis, during which You will be charged the Program monthly membership fee until membership is cancelled.
Unless You notify Us beforehand that You wish to cancel Your membership by following the cancellation instructions described below, Your membership in the Program is renewed automatically on the same date of each calendar month thereafter, and You will be charged the current monthly membership fee that applies. We reserve the right to decline to renew any membership.
The payment of Your Program membership fees are made automatically by a charge to the payment source, a credit card or debit card or other payment source, authorized by You at the time You enrolled, in accordance with the payment terms to which You agreed. We and You agree that Your non-cancellation or continued use of the Program constitutes a re-affirmation of Our authorization from You to charge Your payment source on the monthly recurring basis agreed to, and that We may submit such charges without further authorization from You until You cancel Your membership or change Your payment source. You are solely responsible for any and all fees charged to Your payment source by Your card issuer or financial institution, including but not limited to any overdraft fees or fees for insufficient funds.
Should We be unable at any time to bill a membership fee to Your payment source because it has declined billing meaning that We are unable to receive from You in full through Your designated payment source the membership fee otherwise due, We may, at Our option, (i) make re-attempts to bill the transaction, or accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle or divide the fee otherwise due into incremental charges provided the total amount of such charges do not exceed in total the amount of the membership fee the Program was unable to bill, which the Program may do for one or more membership fee charges it has otherwise been unable to bill (ii) suspend Your right to access all of the Program membership benefits until such time as We are able to bill the outstanding charges to Your designated payment source; or (iii) terminate Your membership without notification. Though We may engage in one or more of the efforts described above, You acknowledge that should Your designated payment source decline billing of any membership fee, at any time, We may without notice to You terminate Your Program membership immediately.
Electronic Communication. You consent to receive communications from the Program and its Administrator about Your membership by notices posted at the Website, as determined by the Administrator in its sole discretion. Where You have provided the Program with Your email address, You also consent to receive communications from the Program and its Administrator about Your membership by email. You agree that any requirement that a disclosure, notice, agreement or other communication be sent to You in writing is satisfied by this electronic communication and that such shall be deemed for all purposes to be a "writing" or "in writing" in compliance with all requirements for a writing.
UNLESS OTHERWISE EXPRESSLY STATED, WE, FOR OURSELVES AND OUR SPONSORS, BUSINESS PARTNERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS AND LICENSORS, MAKE NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH YOUR USE OF THE PROGRAM, ITS BENEFITS AND SERVICES AND/OR THE PROGRAM WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, FOR OURSELVES AND OUR SPONSORS, BUSINESS PARTNERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES FOR AND IN RELATION TO THE PROGRAM, ANY BENEFIT OR SERVICE, THE CONTENT OF ANY MEMBERSHIP MATERIALS OR THE PROGRAM WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE.
NO ADVICE OR INFORMATION GIVEN BY US OR ANY OF OUR SPONSORS, BUSINESS PARTNERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS AND LICENSORS SHALL CREATE A WARRANTY. USE OF ANY SERVICE OR PRODUCT ACCESSED THOUGH THE PROGRAM IS AT YOUR OWN RISK AND IS NOT WARRANTED. YOU ACKNOWLEDGE AND AGREE THAT ALL SERVICES, PRODUCTS, MEMBERSHIP MATERIAL CONTENT AND THE PROGRAM WEBSITE (INCLUDING THIRD PARTY PROVIDED INFORMATION AND CONTENT), ARE PROVIDED ON AN 'AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE TERMS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.
WE DO NOT IN CONNECTION WITH ANY ACCESS TO AND USE BY YOU OF THE PROGRAM WEBSITE PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWIRE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. WE MAKE NO WARRANTY THAT THE SERVICES AND PROGRAM WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS YOU OBTAIN FROM YOUR USE OF THE PROGRAM WEBSITE OR QUALITY OF THE SERVICES, PRODUCTS, INFORMATION OR MATERIALS PURCHASEED BY YOU WILL MEET YOUR EXPECTATIONS. UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE BY YOU ON INFORMATION OBTAINED THROUGH THE MEMBERSHIP MATERIALS, PROGRAM WEBSITE OR ANY LINKED TO SITE THEREFROM, OR RELIANCE BY YOU ON ANY PRODUCT OR SERVICE DESCRIBED THEREIN OR SOURCED THEREFROM.
Please read carefully. This is an important and material term and condition of this Membership Agreement. Please refer to Your Membership Agreement at the Website for the full and complete terms of this important provision.
WE AND YOU AGREE THAT ANY DISPUTE, DEMAND, CLAIM OR CONTROVERSY (WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF YOUR ENROLLMENT IN THE PROGRAM AND THIS AGREEMENT) ARISING OUT OF OR RELATING IN ANY WAY TO YOUR MEMBERSHIP IN THE PROGRAM, MANNER OF ENROLLMENT OR YOUR USE OF THE PROGRAM SERVICES OR WEBSITE, INCLUDING BUT NOT LIMITED TO THE MARKETING/ADVERTISING OF THE PROGRAM, YOUR ACCEPTANCE OF MEMBERSHIP AND MEMBERSHIP ADMINISTRATION INCLUDING MEMBERSHIP FEE BILLING AND THE PROVISION OF MEMBERSHIP SERVICES, IF NOT RESOLVED INFORMALLY BETWEEN YOU AND US, WILL BE RESOLVED ONLY BY BINDING AND CONFIDENTIAL ARBITRATION INSTEAD OF IN A COURT OF GENERAL JURISDICTION. There are only two limited exceptions to arbitration that We and You hereby agree upon (e.g., an individual claim in small claims court or an injunctive claim to preserve an intellectual property right). Otherwise binding arbitration is a requirement acknowledged by You and Us to be mandatory and absolute. Arbitration replaces the right to go to court. We and You agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply. There is no judge or jury in arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE BOUND TO ARBITRATION AS THE FORUM AND METHOD TO RESOLVE ALL DISPUTES (save for the limited circumstance referenced) AND THAT YOU ARE KNOWINGLY AND VOLUNTARILY RELINQUISHING ANY RIGHT TO TRIAL BY JURY IN A COURT OF LAW.
For all disputes, You must first give Us an opportunity to resolve Your claim by sending a written description of Your claim to Us at Membership Services, , P.O. Box 530069, Henderson, NV 89053. You and We each agree to negotiate with each other in good faith about Your claim. If We do not resolve the claim within 60 days after We receive Your claim description, You may pursue Your claim in arbitration. There are only two limited exceptions to this mandatory and binding arbitration requirement. First is that You and We retain the right to pursue, on an individual basis only, in a small claims court any claim that is within that court's jurisdiction. If a claim proceeds in court there will be no jury trial. You and We unconditionally waive any right to trial by jury in any action, proceeding or counterclaim. Second is that if and to the extent a dispute arises from any claim from a violation of Our or Your intellectual property rights, the aggrieved party may file an action for injunctive (or other equitable) relief in a judicial forum subject to the terms of this Membership Agreement.
In any proceeding brought by You against Us in arbitration or small claims court, We agree not to seek reimbursement of Our attorney's fees from You.
Either You or We may commence an arbitration proceeding. The American Arbitration Association (AAA) will arbitrate all disputes, and its Supplementary Procedures for Consumer-Related Disputes shall apply. Unless You and We agree otherwise, the arbitration will take place in the county of Your billing address. The arbitration proceeding will be conducted before a single commercial arbitrator. Upon filing of the arbitration demand, We agree to pay all filing and arbitrator fees for claims that total less than $750. For claims that total $750 or more, the payment of filing and arbitrator fees will be governed by the AAA Rules. Apart from the above, We agree to advance or reimburse filing fees and other fees if the arbitrator determines there is good reason for requiring Us to do so or We determine there is good cause for doing so, whether or not You ask Us to do so. Our intention is to prevent Your arbitration costs from being cost-prohibitive as compared to litigation costs. During the arbitration, the amount of any settlement offer made by Us or You shall not be disclosed by the recipient of the offer to the arbitrator until after the arbitrator determines the amount, if any, to which You or We are entitled. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees, except that incidental, special, consequential, exemplary or punitive damages may not be awarded. The arbitrator shall not be authorized to treat any claim on a class action or representative basis. For claims in regard to which You provided prior written notice and negotiated in good faith as required before initiating arbitration, if the arbitrator finds that You are the prevailing party in the arbitration and awards You monetary relief in an amount greater than what We had offered You to settle the dispute but less than $1500, We agree to pay You $1500 instead of the amount awarded to You. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon in a court of competent jurisdiction.
CLASS ACTION WAIVER: YOU MAY NOT BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT NOR MAY YOU BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE A PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU EXPRESSLY, BY THIS ARBITRATION PROVISION, WAIVE THESE RIGHTS. NO ARBITRATION OR OTHER PROCEEDING MAY BE JOINED, CONSOLIDATED OR COMBINED WITH ANOTHER ARBITRATION OR OTHER PROCEEDING. THE ARBITRATOR WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS OR REPRESENTATIVE BASIS AND MAY ONLY HEAR YOUR INDIVIDUAL DISPUTE. THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. THE ARBITRATOR MAY AWARD MONEY 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.
This Arbitration provision shall survive any termination of Your Program membership or this Agreement.. If unsuccessful in settling a dispute through direct discussions, either party may, notwithstanding any of the above, elect to endeavor first to settle the dispute by mediation by phone administered by the AAA before resorting to arbitration.
IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED AGAINST US MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION AROSE. These Terms of Membership and all disputes between the Parties shall be governed in all respects by the laws of the State of California, consistent with the Federal Arbitration Act, as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to any conflict-of-law provisions. Further, in any arbitration, both parties agree the arbitrator shall honor claims of privilege and privacy recognized under California law.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR SPONSORS, BUSINESS PARTNERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE PROGRAM, ITS WEBSITE OR ITS BENEFITS OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, UNLESS LIMITED BY APPLICABLE LAW).
YOU ACKNOWLEDGE WE HAVE NO LIABILITY TO YOU (I) AS A SELLER OF ANY PRODUCTS OR SERVICES PROVIDED OR MANUFACTURED BY OTHERS, INCLUDING NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE SERVICES OF ANY MERCHANT, TRAVEL PROVIDER OR TRANSPORTATION CARRIER, OR OTHER SUPPLIER OF SERVICES AND PRODUCTS; (II) FOR DEFECTIVE OR NONCONFORMING PRODUCTS OR SERVICES; OR (III) FOR DELAYS IN DELIVERY, OR FOR ANY FAILURE BY ANY VENDOR, PRODUCT OR SERVICE PROVIDER OR SUPPLIER TO HONOR THE APPLICABLE DISCOUNT OR OTHER TERMS OF ANY OFFER.
If You do encounter a problem with any discount, product, or service and contact Us, We will always try to assist You in resolving the matter. However, notwithstanding anything to the contrary contained herein, Our aggregate liability to You for any cause whatsoever, and regardless of the form of action, if any disclaimer of warranty or limitation of liability as described above is otherwise found to be invalid or unenforceable in whole or in part for any reason, and should We be adjudged in a competent proceeding to be liable, will at all times be limited to the cancellation of Your membership and the lesser of (a) one thousand U.S dollars ($1,000) or (b) the total amount in fees paid by You to Us for Your Program membership preceding the date of the claim. Some jurisdictions do not allow certain limitations on liability, only limitations that are lawful in the applicable jurisdiction will apply to You and Our liability will be limited to the maximum extent permitted by law.
Binding And Entire Agreement. YOU HAVE BY YOUR MEMBERSHIP IN THE PROGRAM AS WELL AS BY ACCESSING AND USING THE WEBSITE OR USING ANY BENEFITS OR SERVICES OF THE PROGRAM AGREED TO AND ACCEPTED ITS TERMS AS SET FORTH HEREIN.
You agree to defend, indemnify and hold Us (including Our officers, directors, employees and agents) harmless from and against any and all claims, liabilities, damages, losses and expenses, including settlement amounts. reasonable attorneys’ fees and costs, arising out of or connected in any way with Your access to and use of the Program and/or Program Website including any use or purchase by You of any products or services of any merchant through the Program.
You hereby release Us (including Our officers, directors, employees and agents), unless and to the extent prohibited by applicable law, from any and all claims or liability arising out of or connected in any way with Your use or purchase by You of any products or services of any merchant through the Program including any Merchant’s failure to honor a discount or otherwise comply with applicable law.
You hereby waive in regard to the aforementioned release California Civil Code Section 1552 (and any similar provision in any other jurisdiction) which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known to him must have materially affected his or her settlement with the debtor”
The service marks and trademarks, logos, text and graphics displayed at the Website (“intellectual property”) are Our property, or in some instances the intellectual property of other parties and are protected by copyright, patents, trademarks, trade secrets, and/or other proprietary rights, including under the United States patent, trademark and copyright laws. The Program name and its logos are owned by Us and are protected by state and federal laws. We own a copyright in the Website and in the selection and arrangement of its content. You may not copy, publish, transmit, distribute, display, sell, create derivative works of, or in any way exploit any of the content, in whole or in part, or any element of the Website without Our prior written consent. As a member in the Program and for as long as you remain a member, You are permitted by limited license to have access to and to use the Website and its services and benefits for Your personal use, subject to and revocable at any time by Us in accordance with these Terms. You do not acquire any ownership rights by downloading copyrighted material. You have no rights in or to the Program, its services or benefits or in or to any other property of Ours except as we indicate in these Terms.
You agree, in accessing and using the Website, its benefits and services, not to engage in any activity, including any activity that would violate any state, federal or other law, which would interfere with any other users use and enjoyment of the Website. This includes not uploading or otherwise transmitting through the Website any viruses or other harmful files or attempting to access any information, communication, files, text, graphics or software You are not authorized to access or otherwise disrupting or interfering with the security of this Website or any accounts or passwords through which access to this Website is obtained. Further You shall not create a false identity through the Website or upload, transmit or otherwise make available content that may expose Us or any users of the Website to any harm or liability.
Your Program membership is non-transferable and is limited to You, Your spouse, and dependent children. Membership is limited to one family per household. Your membership in the Program may not be used by You for commercial purposes. The Program reserves the right to cancel Your membership at any time for fraud, abuse of member privileges or any other reason which in the reasonable discretion of the Administrator justifies such course of action. Please notify the Program promptly should there be any unauthorized use of Your membership card or number. We reserve the right to revise these Terms from time to time so You should periodically return and review these Terms for any changes.
YOU HAVE BY YOUR MEMBERSHIP IN THE PROGRAM AS WELL AS BY ACCESSING AND USING THE PROGRAM WEBSITE OR USING ANY BENEFITS OR SERVICES OF THE PROGRAM AGREED TO AND ACCEPTED ITS TERMS AS SET FORTH HEREIN.
THESE TERMS AS SET FORTH HEREIN CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US RELATING TO THE PROGRAM, YOUR MEMBERSHIP IN THE PROGRAM, YOUR USE OF THE PROGRAM AND MEMBERSHIP WEBSITE, AND THE RELATIONSHIP BETWEEN YOU AND US, AND SUPERSEDES ANY AND ALL PRIOR AGREEMENTS BETWEEN YOU AND US THAT PERTAIN THERETO. ANY ABRIDGED OR CONDENSED VERSION OF THESE TERMS CONTAINED IN ANY MEMBERSHIP MATERIALS YOU MAY HAVE RECEIVED ARE NOT CONSIDERED A PRIOR AGREEMENT, BUT AS AN ABRIDGED OR CONDENSED VERSION THEREOF, AS SUPPLEMENTED HEREIN BY THESE TERMS INTENDED TO REPRESENT A COMPLETE EXPRESSION OF THE AGREEMENT BETWEEN YOU AND US.
Any failure by Us to exercise or enforce any of Our rights or any provision of these Terms herein shall not constitute a waiver of such right or provision in that or any other instance. A waiver by Us shall only be effective if acknowledged by Us pursuant to a written instrument signed by Us waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
Images and logos appearing within any Program membership materials or Website describing the Program are for illustrative purposes. The trademarks and service marks of parties other than those of the Administrator appearing therein (including brand and product names and logos) are the registered marks and property of third parties. Such marks where exhibited are intended to refer specifically to the products and services of such parties that are indicated as being available for purchase by Program members. The appearance of such marks does not suggest or imply any sponsorship, affiliation or endorsement of the Program by the trademark or service mark owner.