Terms of Membership and Membership Agreement
The following is the Membership Agreement between the Provider of this Membership Program offered by My Privacy Matters (“We” and “Us”) and the enrolled member of this Membership Program (“You”). UPON ENROLLMENT, YOU AGREE TO THESE TERMS AND CONDITIONS. WE URGE YOU TO READ THIS MEMBERSHIP AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL OUR MEMBER SAVINGS REPRESENTATIVES AT THE NUMBER ON YOUR MEMBERSHIP CARD OR ON THE PROGRAM WEBSITE.
1. Membership Benefits. As a Member, You are entitled access to discounts and/or other benefits on certain products and services offered by participating vendors (“Benefits”), as explained in the Membership Materials or on the Program website. Some Benefits may not be available in your area. See your Membership Materials or Program website for details and limitations.
2. Membership Term. Your Membership is effective for a period of twelve months following enrollment under the annual membership plan, for a period of one-month following enrollment or any applicable trial period under the monthly 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 in Paragraph 10, your Membership will be renewed automatically and You will be charged the then-current Membership Fee, which will appear on your billing statement or monthly mortgage statement, depending upon how You enrolled. This is known as a Continuity Plan. We reserve the right to increase or decrease the Membership Fee for each renewal Membership Term (or each twelve-month period for memberships under the monthly billing plan), effective upon renewal of your Membership.
4. Payment of Membership Fee. The payment of your Membership Fee (which includes any trial period fee, enrollment or processing fee and shipping and handling charges, as applicable) 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. If applicable, in the event that your billing source cannot process the Membership Fee due to insufficient available credit or funds, We may, at our discretion, divide the total Membership Fee into incremental charges in order to process the total Membership Fee.
5. Use of Membership. Your Membership is non-transferable. You agree that only You and your Immediate Family may use the Membership. “Immediate Family” means You, your spouse or partner and your children living at your home. Benefits are not for resale. 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. If You were offered the opportunity to claim a gift in connection with your enrollment in the Program, You are limited to one gift per Program and, depending upon the offer You agreed to, may be required to be an active member of the Program at the time your gift claim is processed.
6. 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, EXPRESS 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.
7. 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 this Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
8. 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.
9. 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 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.
10. TERMINATION OF MEMBERSHIP. YOU MAY TERMINATE THIS AGREEMENT AND YOUR MEM-BERSHIP AT ANY TIME BY EMAILING INFO@ELIMINATEIDTHEFT.COM OR BY CALLING US AT THE TOLL-FREE NUMBER LISTED AT WWW.ELIMINATEIDTHEFT.COM/CONTACTUS.HTML. YOUR CANCEL-LATION WILL BE EFFECTIVE PROMPTLY UPON THE RECEIPT OF YOUR CANCELLATION REQUEST. UPON CANCELLATION, DEPENDING UPON THE TERMS YOU AGREED TO, a) UNDER THE MONTHLY PAYMENT PLAN, YOU WILL NOT OWE ANY FURTHER MEMBERSHIP FEES AND WILL NOT BE ENTITLED TO A REFUND OF PAST FEES CHARGED TO YOUR ACCOUNT; b) UNDER CERTAIN OTHER PAYMENT PLANS, YOU WILL NOT OWE ANY FURTHER MEMBERSHIP FEES AND WILL NOT BE ENTITLED TO A REFUND OF PAST FEES CHARGED TO YOUR ACCOUNT. ANY OTHER FEES OR CHARGES INCURRED IN CONNECTION WITH THE PROGRAM (INCLUDING BANK OR OVERDRAFT CHARGES) ARE YOUR RESPONSIBILITY. WE MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND WILL MAKE ANY REFUND DUE TO YOU BASED UPON THE TERMS OF YOUR ENROLLMENT. A MEMBER IS PROHIBITED FROM RE-ENROLLING IN THE PROGRAM FOR AT LEAST TWELVE (12) MONTHS FROM CANCELLATION.
11. CALIFORNIA RESIDENTS ONLY. Program Name has established an escrow account for the refund of Membership Fees for California residents, at LaSalle Bank National Association, 135 South LaSalle Street, Suite 1960, Chicago, IL 60603, Attention: Mark T. Lolacono. Refunds from the escrow account may, in addition to other remedies and sources available to You, be obtained by mailing a return request along with proof of membership to Mark T. Lolacono. This refund request shall not affect or limit any other remedy at law available to You.
12. Availability Restrictions. This Program is only available to residents of the contiguous United States. Orders to U.S. military post offices cannot be fulfilled.