Membership Fee and Term
Billing for Your membership in the Program shall be in accordance with the terms disclosed to You at the time of Your initial enrollment and as described in Your welcome letter. You may cancel Your membership in the Program, with no further obligation, at any time by calling 1-800-203-6597. Unless You notify Us that You wish to cancel, Your membership will continue automatically on a monthly or yearly basis, as originally agreed. At the beginning of each monthly or yearly term You will be automatically charged the then current monthly or yearly membership fee plus any applicable taxes to the payment method You provided. If Your membership included a trial period, You may cancel Your membership during the trial period and not be charged. Please be aware, however, that if You sign up for a free trial using a credit/debit card, You will be required to provide Your credit/debit card number and We will confirm Your credit/debit card is valid and some credit card companies may place a temporary hold on Your account for Your first payment. Please contact your credit/debit card company if You have questions. In the event that you cancel Your membership in the middle of a membership month You will not be entitled to a pro-rata refund of the monthly membership fee. We reserve the right to modify or discontinue the Program at any time and for any reason, including without limitation the pricing for the membership. In the event of a price change, we will post the new pricing and attempt to notify You in advance by sending an email to the address You have registered for the account. You agree that we may change the pricing and for Your membership and any products/services offered in Your membership package by providing You with notice through an electronic communication from us. Unless you cancel your membership following receipt of such notice, You will be deemed to have consented to the price/membership package change and authorize us to charge the new fees to Your payment method.
As a member of the Program, You will have access to savings, discounts, and other benefits on products and services offered by third party product and service providers and suppliers independent from the Program Administrator. These benefits are available to You only as long as You remain a member of the Program. The Program Administrator acts solely as the coordinator of such benefits and in no event shall be responsible for the availability or quality of same. You may access Your benefits by visiting and logging on to www.FoodandWineClub.com or by calling 1-800-203-6597. We reserve the right to change merchant offerings and partners at any point. Offers/partners are subject to change or may be discontinued. Please review the website (www.FoodandWineClub.com) for the latest club offerings and list of partners.
Limitation of Liability
The Program Administrator, as the coordinator of membership benefits, has made reasonable attempts to verify the accuracy of information provided by third party service providers participating in and implementing the Program, but cannot guarantee the availability or quality of these services, and will not be held responsible for any errors or omissions including typographical errors. YOUR ACCESS TO AND USE OF THE PROGRAM AND PROGRAM WEBSITE IS AT YOUR SOLE RISK. THE PROGRAM AND PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” BASIS. THE PROGRAM, THE PROGRAM ADMINISTRATOR, AND ALL OTHER MARKETERS, PROMOTERS, AGENTS, SERVICE PROVIDERS AND SPONSORS MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PROGRAM, THE MEMBERSHIP BENEFITS, THE PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THE PROGRAM OR INFORMATION PROVIDED TO YOU. YOU ACKNOWLEDGE THAT THE PROGRAM, THE PROGRAM ADMINISTRATOR, AND ALL OTHER MARKETERS, PROMOTERS, AGENTS, SERVICE PROVIDERS, AND SPONSORS SHALL HAVE NO LIABILITY TO YOU, ANY OTHER PERSON AUTHORIZED BY YOU TO USE THE PROGRAM, OR ANY OTHER PERSON, AS A SELLER OF ANY PRODUCTS OR SERVICES PROVIDED OR MANUFACTURED BY OTHERS, INCLUDING ANY LIABILITY FOR DEFECTIVE OR NONCONFORMING PRODUCTS OR SERVICES, OR DELAYS IN DELIVERY, OR FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS PROVIDED TO YOU OR FOR ANY FAILURE BY ANY PRODUCT OR SERVICE PROVIDER OR SUPPLIER TO HONOR THE APPLICABLE DISCOUNT OR OTHER TERMS OF ANY OFFER. IN NO EVENT SHALL THE PROGRAM ADMINISTRATOR, AND ALL OTHER MARKETERS, PROMOTERS, AGENTS, SERVICE PROVIDERS AND SPONSORS BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Except as otherwise permitted by law. Your sole recourse for any breach of these terms and conditions, or inability to use the Program shall be a refund of that month’s membership fee. If You do encounter a problem with any discount, product, or service, contact the Program Administrator for assistance in resolving the matter. The Terms and Conditions, and the relationship between You and Us, shall be governed by the laws of the State of New York, United States of America. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York, County of New York. Some jurisdictions do not allow the disclaimer or implied or other warranties so some or all of the above disclaimers may not apply to YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE PROGRAM EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID FOR MEMBERSHIP IN THE PROGRAM; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
READ THIS PROVISION CAREFULLY. By enrolling in Program membership You agree that any dispute between You and Us shall be resolved by an individual arbitration proceeding, which means YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL AND LEAD OR PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). For the avoidance of doubt, you agree that YOU MAY ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, You agree that no arbitrator shall consolidate any other person’s claims with your claims and may not otherwise preside over any form of a multi-party or class proceeding. You agree that the award of the arbitrator will be binding and may be entered as a judgment in any court of competent jurisdiction in the State of New York. You agree that We may seek interim or preliminary relief from a court of competent jurisdiction in New York, necessary to protect Our rights or property pending the completion of arbitration.
You must file a demand for arbitration with the AAA within ONE (1) YEAR after the date Your claim arose, or within the shortest time period permitted by applicable law. Otherwise, Your claim is waived.
Use of Membership
Your membership is non-transferable and Is limited to You. You agree that only You and Your Immediate family members may use the membership. The term “immediate family member” is defined as your spouse, your children and your parents to the extent each Is living in your home with the legal address that Is the same as yours. Please notify Us promptly should there be any unauthorized use of Your membership number. Program benefits are only available to active members as described In these Terms and Conditions and Program materials. Program void In AL, HI, IA, FL, ME, MN, WI, VT. By enrolling in the Program, You accept the Terms and Conditions of membership as set forth herein. We reserve the right upon written notice to You to terminate or suspend Your membership if (i) You fail to pay use any amount due under these Terms and Conditions and/or You violate or breach any of these Terms or Conditions. Upon the expiration, termination or suspension of Your membership, Your access to and use of the Program will terminate.
Consent to Electronic Communications
You consent to receive communications from Us about your membership electronically, either by e-mail or by notices posted on the Program website, as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to You by Us in writing is satisfied by such electronic communication. You agree that We may send You e-mails which include notices about your membership as well as information pertaining to the program and services, such as featured products/services or new offerings and changes to the membership fees. You agree that this Information Is part of your membership with Us.
Import Trademark Notice
Images and logos appearing In the Program materials are for illustrative purposes only. The trademarks and service marks of parties other than those of the Administrator appearing in these materials (including brand, and product names and logos) are the registered trademarks 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 do not, and should not be construed to, suggest or imply any sponsorship, affiliation or endorsement of the Program by the trademark or service mark owner or any affiliation by them.
WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY PROGRAM, WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US OR OUR LICENSOR.
UPDATES TO TERMS AND CONDITIONS
These Terms and Conditions, in the form posted or provided to You at the time of Your membership enrollment, shall govern such use (including transactions entered during such use). AS OUR PROGRAM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS AND CONDITIONS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER OR UPDATED TERMS AND CONDITIONS BY POSTING THEM ON THE PROGRAM WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. You can reject any new, revised or additional terms by discontinuing use of the Program and related services.
You agree to defend, indemnify, and hold the Program Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Program Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your use of the Program and Your activities in connection with the Program, including, without limitation, any transaction entered into by You through Your use of the Program (iii) Your breach or alleged breach of these Terms and Conditions; (iv) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Program or Your activities in connection with the Program; (v) information or material transmitted through Your device, even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by You; (vii) any other party’s access and/or use of the Program with Your account; and (viii) Program Parties’ use of the information that You submit to us (all of the foregoing, ‘Claims and Losses’). You will cooperate as fully required by Program Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, ProgramParties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses.
If any provision of these Terms and Conditions is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions (which will remain in full force and effect). To the extent permitted by applicable law, You waive any applicable statutory and common law that may permit a contract to be construed against its drafter.
We may assign our rights and obligations under these Terms and Conditions, in whole or in part, to any party at any time without any notice. These Terms and Conditions may not be assigned by You, and You may not delegate Your duties under them, without the prior written consent of an officer of a Program Party.
Except as expressly set forth in these Terms and Conditions, (i) no failure or delay by You or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms and Conditions will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
CALIFORNIA CONSUMER RIGHTS AND NOTICES.
Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.