Whenever we ask for information from members visiting our Web site, we will seek to clearly disclose the use of that information. This Agreement made between Membership Services Corporation (“MSC”), a Pennsylvania corporation with an office at One Bethlehem Plaza, Suite 1010, Bethlehem, PA 18018, and the person and company on the membership application or membership card and their employees or transferees or the person using the membership benefits, whether or not holding a membership card (hereinafter referred to both individually and collectively as “Members”).
- MSC is an information service only. The service which MSC shall provide to the Members during the term of the membership shall include access to the products, services, and benefits detailed in the membership benefit materials, and in such other membership materials and correspondence delivered to Members by MSC from time to time. The membership cards issued to Members are the property of MSC and shall be returned to MSC promptly upon request. Members may cancel their membership by returning their membership cards to MSC, One Bethlehem Plaza, Suite 1010, Bethlehem, PA 18018, Attention: Membership Services Dept. If Members cancel their membership before the end of membership term, Members will receive a refund of any fee paid directly by the Members to MSC for the remaining portion of the membership term, calculated on a pro rata basis, upon Members’ written request and return of all membership materials to MSC. Cancellation will not become effective until all membership cards and materials are received by MSC. Members shall remain liable for any other fees or charges to be paid pursuant to this Agreement. FAILURE OF MEMBERS TO CANCEL THEIR MEMBERSHIP OR THEIR USE OF THE MEMBERSHIP CARD OR ANY OF THE BENEFITS, PRODUCTS, SERVICES, OR MATERIALS OFFERED BY OR THROUGH MSC BY MEMBERS WILL CONSTITUTE MEMBERS’ ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF MEMBERSHIP.
- Neither this Agreement, nor any of the rights or obligations of Members hereunder, may be assigned, in whole or in part. Individual Members agree that they will use the membership only for their own benefit and for their spouse and dependent children residing in their household. Members shall be responsible for all use of their membership number and shall notify MSC immediately of any unauthorized use of their membership number, or theft or loss of the membership number or card.
- MSC SHALL HAVE NO LIABILITY TO ANY MEMBER AS A SELLER OF ANY PRODUCT OR SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVE PRODUCTS OR SERVICES. MSC MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER, FOR ANY PRODUCTS OR SERVICES PURCHASED OR USED BY MEMBERS THROUGH THEIR MEMBERSHIP. MEMBERS ACKNOWLEDGE THAT THEY HAVE READ ALL OF THE TERMS OF MEMBERSHIP AND ARE NOT RELYING ON MSC’S SKILL OR JUDGMENT IN SELECTING THE PRODUCTS AND SERVICES AVAILABLE TO MEMBERS AND THAT MSC SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. IT IS THE RESPONSIBILITY OF THE PERSON AND/OR COMPANY ON THE MEMBERSHIP APPLICATION OR OTHERWISE ACQUIRING MEMBERSHIP BENEFITS TO ENSURE THAT ALL EMPLOYEES ARE AWARE OF THESE TERMS OF MEMBERSHIP. MSC’S LIABILITY TO ANY MEMBER SHALL IN NO EVENT EXCEED THE AMOUNT OF THE MEMBERSHIP FEE PAID BY OR ON BEHALF OF THAT MEMBER INDIVIDUALLY. MSC SHALL HAVE NO LIABILITY FOR ANY DELAY IN DELIVERY FOR ANY CAUSE BEYOND MSC’S CONTROL, INCLUDING DELAY DUE TO UNION DISPUTES OR FACTORY PRODUCTION SCHEDULES. MSC SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, INCLUDING INFORMATION IN THE BENEFIT MATERIALS AND COMMUNICATIONS, PRICE CHANGES OR OUT-OF-STOCK PRODUCTS OR SERVICE AVAILABILITY. ALL BENEFITS, DISCOUNTS, PRICES, ACCESS TELEPHONE NUMBERS, AND PROCEDURES ARE SUBJECT TO CHANGE WITHOUT NOTICE. MSC ASSUMES NO RESPONSIBILITY FOR THE PAYMENT OR CONTRIBUTION OF ANY USE OR SALES TAX ON THE PRODUCTS OR SERVICES WHICH MAY BE IMPOSED BY ANY STATE OR FEDERAL TAXING AUTHORITY AND SUCH TAXES, TO THE EXTENT IMPOSED, SHALL REMAIN THE SOLE RESPONSIBILITY OF THE MEMBERS OR THE DIRECT PROVIDER OF THE PRODUCTS AND SERVICES, AS THE CASE MAY BE.
- Unless Members notify MSC that they do not wish to renew their membership, MSC will automatically renew their membership at the end of each term and bill the then-current renewal fee, if applicable, to the same credit card, credit line, bank account, or address as their original membership fee was billed to or paid through, or to the current credit card, credit line, bank account, or address that MSC has in its files. If the Member is a retail purchaser or other transferee of a limited term (for example, 90 days) membership, the above automatic renewal provisions shall not apply.
- Any notices from Members to MSC must be in writing and shall be deemed to have been given when actually delivered to MSC. Any notice from MSC to Members shall be deemed to have been given when delivered to the address the Members have given to MSC. Members shall notify MSC of any changes in their address. If the Member is a retail purchaser or other transferee of a limited term (for example, 90 days) membership, instructions for contacting MSC by telephone are provided with the membership materials.
- This Agreement shall be governed by and enforceable in accordance with the laws of the Commonwealth of Pennsylvania or the state of incorporation of a supplier of goods, services or benefits, at the option of MSC. Member agrees that service of process may be made by certified mail, postage prepaid, to Member. Member agrees that, in the event of any dispute, Member shall be responsible for reasonable attorney’s fees and court costs incurred by MSC.