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CONSUMER CLUB MEMBER AGREEMENT

Thank you for shopping with Consumer Club, Inc. (“Consumer Club”). This Member Agreement (the “Agreement”) describes the terms and conditions governing your membership in Consumer Club’s Rebate Program (the “Program”) and your participation in the Program through Consumer Club’s website, www.consumerclub.com (the “Site”). By enrolling in the Program and registering as a member on the Site, you agree to be bound by its terms and conditions. Enrollment is defined as providing Consumer Club with your valid email address, a password, and any other required information. If you do not agree to be bound by these terms and conditions, please do not use or access the Site or register as a member in the Program. Participation in the Program and its benefits are offered at the sole discretion of Consumer Club, and Consumer Club may change the terms and conditions of the Program at any time as provided in this Agreement or otherwise.

1. Membership Eligibility.

a. You must read, agree with, and accept all of the terms and conditions contained in this Agreement and Consumer Club’s Privacy Policy, which are hereby incorporated by reference before you may become a member of the Program. Consumer Club strongly recommends that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this Agreement, as they may contain further terms and conditions that apply to you as a user of the Site and as a member of the Program.

b. You must be a natural person, 18 years or older. A corporation, partnership, Limited Liability Company or any other form of entity can neither join the Program nor accumulate benefits. You may not use machines, scripts, or automated services to accumulate Consumer Club Rebate Rewards (as defined below). You may maintain only one account. Consumer Club may cancel any duplicate accounts at its sole and absolute discretion.

c. The Program is only available by logging onto the Site at www.consumerclub.com and entering your email address and password. You must have Internet access and a valid email address to be eligible to receive the benefits of the Program. Consumer Club is not responsible for your inability to connect to the Internet, to log onto the Site, or to access your Consumer Club account.

d. By signing up for membership at Consumer Club, you agree to receive email communications that are account, membership and shopping-related. The shopping-related emails will highlight coupons & special deals that are available to Consumer Club’s members. You can opt-out of receiving promotional shopping-related emails by either visiting your account page to edit your profile or following the unsubscribe link on any of the shopping-related emails you receive. You may not opt-out of communications which are account related and not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.


2. Earning Rebate Rewards.

a. Only a “Qualifying Purchase” will entitle you to earn a Rebate Reward. A “Qualifying Purchase” is a purchase that meets all of the following criteria: (1) you must have purchased a product or service through one of the on-line stores affiliated with Consumer Club (each an “Affiliated Store”); (2) you must have “Cookies” enabled on your web browser at the time of the purchase; (3) you must have initiated the purchase by clicking on the Affiliated Store’s link that appears on the Site (purchases through the Price Comparison link do not qualify for rebates) and be successfully connected to the Affiliated Store’s website based upon that click (please note that Consumer Club will attempt to route your request to an Affiliated Store’s website through specific links in order to assure that the sale can be tracked correctly, but please be aware that any alteration to these links will invalidate your purchase such that it will not be deemed to be a Qualifying Purchase); (4) you must start and complete the purchase in one shopping session through the Program and, therefore, if you start a purchase in one session and then complete it in a different session, you will not be eligible to receive a Rebate Reward.

b. For each Qualifying Purchase completed through the Program, Consumer Club will issue a credit to your membership account (the “Rebate Reward”) either as the fixed dollar amount specified or in an amount determined by multiplying (1) the percentage specified on the Site for all Qualifying Purchases by members from each Affiliated Store by (2) the Net Purchase Amount (as defined below) of your Qualifying Purchase. The term “Net Purchase Amount” will mean the total dollar amount you paid to the Affiliated Store for your Qualifying Purchase, less all applicable taxes, gift wrapping charges, shipping charges, promotional credits, returns, cancellations, and transaction fees. If, under the terms of our agreement with a given Affiliate Store or our agreement through our network operators with that Affiliate Store , the Net Purchase Amount is determined in any manner other than as set forth above, then for all purposes of the Program, the Net Purchase Amount for all Qualifying Purchases from that Affiliated Store shall be determined for all purposes based on the terms set forth in our agreement with that Affiliated Store and/or our agreement through our network operators with that Affiliate Store. All of our agreements with Affiliate Stores and all our agreements through network operators with Affiliate Stores are incorporated into this Agreement by reference. Purchases made through the Price Comparison link are not eligible for rebates. Some merchants may vary the rebate amount or percentage, as specified in that merchant’s information page on the consumerclub.com site. The discounts listed in the dining section are given immediately upon purchase and do not qualify for rebates. These typically require a membership card and coupon, as listed with each offer.

c. The determination of whether a purchase made through an Affiliated Store is a "Qualifying Purchase” shall be at the sole and absolute discretion of Consumer Club.

d. Your membership account will be credited by the amount of the Rebate Reward upon the completion of the Qualifying Purchase at any Affiliated Store’s website. If you return or cancel your Qualifying Purchase for any reason, Consumer Club will reverse the Rebate Reward credited to your membership account.

e. Rebate Rewards awarded to you are subject to adjustments for returns, cancellations, and other events. Consumer Club can apply such adjustments to member accounts at any time at its sole and absolute discretion. Should you disagree with any adjustments made to your account, your only recourse will be the dispute resolution process contained in this Agreement or the termination of your membership in the Program.

f. You may be taxed on your accrual of Rebate Rewards, depending on the amount of Rebate Rewards you accrue and the tax laws in your jurisdiction. Please consult your tax adviser if you have questions on the taxability of any Rebate Rewards. You will be solely responsible for all tax liability arising out of your accrual or redemption of Rebate Rewards.

g. A number of purchase types will not be deemed Qualifying Purchases and, accordingly, will not be entitled to the accrual and subsequent payment of Rebate Rewards (e.g. all non-commissionable products sold by an Affiliated Store such as monthly subscription or club type items, auction items or prescription drugs).

h. It is your responsibility to check your membership account regularly to ensure that Rebate Rewards have been properly credited and that your account balance is accurate. If you do not believe that a Rebate Reward has been properly credited to your membership account, you must advise Consumer Club of any such discrepancies within 90 days after the date of the Qualifying Purchase is posted to your account by contacting Consumer Club customer service at customercare@consumerclub.com. All Rebate Rewards earned by you are subject to review. Consumer Club may make appropriate adjustments to your membership account at any time at its sole and absolute discretion if Consumer Club deems that a Rebate Reward was not properly credited to your membership account. If you do not agree to any adjustments made to your membership account, your only recourse will be the dispute resolution process contained in this Agreement or the termination of your membership in the Program. Consumer Club reserves the right to terminate any account for abusive or fraudulent activity or if you cannot be reached at the e-mail address you provided.


3. Payments of Rebate Rewards.

a. Accrued Rebate Rewards are disbursed approximately every 90 days for every Qualifying Purchase posted to an account at least 45 days prior to the disbursement date, and after Consumer Club has received payment from the store . Qualifying Purchases are posted to your account after we are notified by the merchant of the purchase, which is usually 10-30 days after purchase. Some merchants may take up to 45 days. We will send a check made payable to you at the address you provide us or to the Cause you designated. Your first check will be sent when your account has reached a minimum of $5 in Rebate Rewards. If there is a $5 bonus offer for sign up, you are only entitled to this when and if you earn an additional $5 in your account within 12 months of the date you sign-up. After the first check is sent, subsequent checks are sent whenever you have accumulated a minimum of an additional $5 in your account. Payments are made to Causes after the aggregate Rebate Reward due to that Cause in a given period from all Consumer Club members exceeds $20.

b. You must keep your account information current in order to ensure the payment of your Rebate Rewards. If your information is not current at the time of payment, you may forfeit all accrued Rebate Rewards to Consumer Club because we will be unable to send your Rebate Rewards to you.


4. Account Access and Transferability.

a. Upon your registration in the Program, you will provide your email address and a password that will allow you to access your Consumer Club account (on the Site), verify transfers, check account balances, and modify your account information.

b. Currently, there is no cost to register and use the Program. Consumer Club reserves the right to change this policy at any time.

c. You must be logged into the Site and enter your email address and password to access your account. You may check your account status and recent transaction history at any time you are able to access the Site.

d. Consumer Club is entitled to act on instructions received under your email address and password. For security purposes, Consumer Club recommends that you memorize your email address and password and do not put it in written form. Consumer Club also recommends you change your password at least once every 3 months or when you feel that your password may have been compromised. You are responsible for keeping your email address, password, and other personal account information confidential. Consumer Club is not responsible for any lost or misplaced email address or password nor is it responsible for any credits or debits made to your account by someone else who uses your password. You should immediately notify Consumer Club if your email address or password has been lost, stolen or has been disclosed to an unauthorized person.

e. Your Consumer Club membership is non-transferable.

f. No Rebate Rewards earned or granted under the Program may be assigned or transferred to any third party except as expressly permitted by Consumer Club in writing, except that you have the option to designate a Cause to receive the rebates. The sale or barter of any Rebate Rewards, other than by or through Consumer Club, is expressly prohibited. Accrued Rebate Rewards do not constitute property, and are not transferable, including (1) upon death; (2) as part of a divorce proceeding; or (3) otherwise by operation of law. Any Rebate Rewards assigned, sold, or otherwise transferred in violation of this Agreement shall be null, void, and canceled. Any violator of the foregoing restriction is subject to having their membership terminated, account closed, Rebate Rewards deducted from their account, and/or being liable to Consumer Club for its damages.

g. Consumer Club may interrupt your access to the Site, without liability to you or any other user, for the performance of routine maintenance on the Site, in which case Consumer Club will use commercially reasonable efforts to conduct all maintenance expeditiously and during non-business hours.


5. Consumer Club’s Right to Terminate the Program.

Consumer Club reserves the right to terminate the Program at any time by posting the decision to terminate the Program on the Site 90 days prior to such termination. You will have 90 days from the date notice of Program termination is posted to redeem Rebate Rewards in your account. In addition to the posting of the termination on the Site, notification of Program termination will be sent by Consumer Club to your email address provided to Consumer Club during the registration process. Consumer Club will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Consumer Club, such as an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform Consumer Club of a change in your email address.


6. Consumer Club’s Right to Terminate Your Membership.

a. Your membership in the Program is subject to the terms and conditions of this Agreement.

b. Without limiting other remedies, Consumer Club may limit your account activity, immediately remove your orders, forfeit your accrued Rebate Rewards, warn its users and Affiliated Stores of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership in the Program if: (1) you breach this Agreement or the documents it incorporates by reference; (2) Consumer Club is unable to verify or authenticate any information you provide to Consumer Club; (3) you misrepresent any information furnished to Consumer Club or its affiliates; (4) you commit fraud or abuse in the accrual or redemption of Rebate Rewards; or (5) Consumer Club believes that your actions may cause financial loss or legal liability for you, its users, the Affiliated Stores or Consumer Club.

c. Consumer Club reserves the right to close any account that has been inactive for more than 12 months (an “Inactive Account”). Inactivity is defined as no tracked visits, either by tracking cookies or tracking manual log-ins. An Inactive Account that is closed will have all funds in it forfeited to Consumer Club and will no longer permit user login under that email address and password. If there is a balance of more than $10 in an Inactive Account, Consumer Club will send that amount in the next scheduled mailing, provided a valid mailing address is listed on the account.


7. Affiliated Stores.

a. Consumer Club does not sell any products or services through the Program. Instead, the Site is intended to facilitate your acquisition of products and services directly from the Affiliated Stores that provide those products and services. Consumer Club is not involved in the actual transaction between you and the Affiliated Store. As a result, Consumer Club has no control over the quality, safety or legality of the products and services offered the truth or accuracy of the listings or the ability of the Affiliated Stores to sell items. Consumer Club can not ensure that an Affiliate Store will actually complete a transaction. Consequently, Consumer Club does not transfer legal ownership of items to you from the Affiliated Store. Each Affiliated Store shall maintain a separate contractual relationship with you under which the Affiliated Store shall provide its products or services to you. Consumer Club is not a party to any contractual relationship by and between you and any Affiliated Store and because Consumer Club only facilitates your acquisition of the products and services from the Affiliated Stores, in the event that you have a dispute with one or more Affiliated Stores, you release Consumer Club (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

b. Each Affiliated Store shall bill your credit card directly for any product or service delivered and accepted by you. Any fees due from you to an Affiliated Store shall be your sole and exclusive obligation and the collection of such fees shall be the sole and exclusive obligation of the Affiliated Store. Consumer Club shall neither be obligated to pay, guarantee or otherwise insure the collection or payment of, or indemnify an Affiliated Store or you for the nonpayment or payment of, any fee or other charge assessed or charged by an Affiliated Store to you for any product or service offered and sold by an Affiliated Store through the Program.

c. Consumer Club makes no representation or warranty of any kind, either express or implied, as to whether (1) an Affiliated Store is licensed or authorized to provide the products or services it is offering; (2) the quality, identity or reliability of any Affiliated Store; (3) the fairness of any terms and conditions, including price, offered by an Affiliated Store; (4) any of the information provided by an Affiliated Store is accurate; or (5) an Affiliated Store is in good financial condition or has a good reputation and business practices. Consumer Club neither sets nor endorses, the price, contract terms and conditions, quality, conformance or legality of the products or services offered by an Affiliated Store or whether any Affiliated Store will complete any transaction for any product or service.

d. Consumer Club does not control the information provided by an Affiliated Store through the Program. You may find an Affiliated Store’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site and linking to any third-party links on the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Consumer Club is not responsible for the acts or omissions of users on the Site.

e. Affiliated Stores may be added to or dropped from the Program from time to time. Consumer Club is not responsible for changes to, or the discontinuance of, any Affiliated Store, or any Affiliated Store’s withdrawal from the Program. Consumer Club is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Store’s web site. It is the sole responsibility of the member to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the Site, Consumer Club can not guarantee that you will be eligible to receive a Rebate Reward on your purchases.


8. Your Information.

"Your Information" is defined as any information you provide to Consumer Club or other users, including Affiliated Stores, in the registration process to use this Site or in the process of purchasing any product or service from any Affiliated Store. You are solely responsible for Your Information and Consumer Club acts as a passive conduit for your acquisition of products and services from the Affiliated Stores. Your Information and your activities on the Site shall not: (a) be false, inaccurate, misleading or fraudulent; (b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene or contain child pornography or otherwise contain any information adult in nature or harmful to minors; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) create liability for Consumer Club or cause Consumer Club to lose (in whole or in part) the services of our Internet service providers or other suppliers. Solely to enable Consumer Club to use Your Information such that Consumer Club is not violating any rights you might have in Your Information, you agree to grant Consumer Club a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information in any media now known or not currently known, with respect to Your Information. Consumer Club will only use Your Information in accordance with our Privacy Policy.


9. Access and Interference.

Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Consumer Club by our Corporate Participants (as defined in Section 12 below). You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without Consumer Club’s express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in Consumer Club’s sole discretion an unreasonable or disproportionately large load on Consumer Club’s infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Consumer Club and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass Consumer Club’s measures used to prevent or restrict access to the Site.


10. Privacy.

Consumer Club only uses Your Information as described in the Privacy Policy. Consumer Club views protection of users' privacy as a very important community principle. Consumer Club stores and processes Your Information on computers located in the United States that are protected by physical as well as technological security devices. Our current Privacy Policy is available here. If you object to Your Information being transferred or used in this way, please do not use the Site or register to become a member of the Program.


11. NO WARRANTY.

THE SITE IS PROVIDED BY CONSUMER CLUB ON AN "AS IS" BASIS. CONSUMER CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CONSUMER CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CONSUMER CLUB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, CONSUMER CLUB DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT OR SERVICE WARRANTY OFFERED BY THE AFFILIATED STORE SELLING THE PRODUCT OR SERVICE. CONSUMER CLUB DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS AND PROGRAMS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER WHICH MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


12. LIMITATION OF LIAIBLITY.

UNDER NO CIRCUMSTANCES, SHALL CONSUMER CLUB OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY CONSUMER CLUB IN ADMINISTERING THE PROGRAM; (III) ANY DETERMINATION BY ANY AFFILIATED STORE OF A QUALIFYING PURCHASE, (IV) THE USE OR INABILITY TO USE THE SITE; AND (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF AFFILIATED STORES OR SUPPLIERS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFITS, BUSINESS OR OPPORTUNITY, AND LEGAL FEES), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CONSUMER CLUB SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH CONSUMER CLUB HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, AN AFFILIATED STORE RELATIONSHIP, OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF CONSUMER CLUB’S OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY CONSUMER CLUB. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CONSUMER CLUB UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).


13. Indemnification.

You shall, at your sole cost and expense, defend, indemnify and hold Consumer Club and its affiliates, partners, officers, directors, employees, agents, subcontractors, representatives, customers, successors and assigns (in each case, a “Consumer Club Indemnitee”) harmless from and against any and all damages, liabilities, losses, costs, fines and expenses, including without limitation, reasonable attorneys’ fees and expenses, arising out of, under or in connection with any claim, demand, charge, action, cause of action, or other proceeding arising out of or related to (a) any dispute or alleged dispute between you and any Affiliated Store of any product or service offered through the Program; (b) any breach by you of any covenant, representation or warranty set forth in this Agreement or otherwise; (c) any irregularity, error, problem or defect occurring on the Site that is caused by you; (d) any defamatory or illegal, or allegedly defamatory or illegal, material transmitted across the Site or Program by you (or any person that gains access to the network through you under this Agreement or otherwise); or (e) any claim by any person resulting from your negligent acts or omissions, or arising out of or in connection with the use of any product or service you may acquire from any Affiliated Store, regardless of whether such claim is founded in contract, tort or warranty. Each Consumer Club Indemnitee shall provide prompt written notice of any claim or liability and shall tender defense or settlement to you, and shall fully cooperate in defense of the claim. Should you fail to honor a timely request for indemnification, then the Consumer Club Indemnitee shall, in addition to all other amounts it shall be entitled to receive from you, be entitled to all costs (including reasonable attorneys’ fees) incurred in the enforcement of the right of indemnification hereunder when such enforcement results in a legal judgment in its favor or an acknowledgment by you that the claimed indemnification is valid in a settlement of such claim.


14. Dispute Resolution.

In the event a dispute arises between you and Consumer Club, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Consumer Club agree that any claim or controversy at law or equity that arises out of this Agreement or your use of the Site ("Claims") shall be resolved in accordance with this section or as otherwise mutually agreed upon in writing by the parties. Before resorting to any alternatives, Consumer Club strongly encourages you to first contact us directly to seek a resolution, and Consumer Club will consider reasonable requests to resolve the dispute. For any Claim (excluding Claims for injunctive or other equitable relief), you or Consumer Club agree to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the American Arbitration Association or JAMS shall administer the arbitration in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution above by the first party to make a Claim. Should either party file an action contrary to this Section 14, the other party may recover attorneys' fees and costs; provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.


15. Contacting Us.

If you have any questions about this Agreement, please email us at customercare@consumerclub.com, or write us at:

Consumer Club, Inc.

Attention: Rebate Rewards Customer Service

3010 LBJ Freeway, Suite 1550

Dallas, TX 75234

Although Consumer Club in most circumstances will be able to receive your email or other information provided through this Site, Consumer Club does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that Internet email typically is not secure.


16. Amendment.

Consumer Club may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective immediately upon being posted on the Site and your continued participation in the Program after such modification shall be deemed your acceptance of any such amendment. It is your responsibility to check the Member Agreement page of the Site regularly to determine if an amendment to this Agreement has been posted. Other than the posting of such amendment on the Site, Consumer Club will not notify you of such amendment. If you do not agree to any modification of this Agreement, you should immediately cease participation in the Program. This Agreement may not be otherwise amended except in writing, signed by you and Consumer Club.

This Agreement was last amended and posted on this Site on February 23, 2006.


17. General.

This Agreement, as it may be amended, constitutes the entire agreement between you and Consumer Club. This Agreement shall be deemed to have been made in, and shall be construed and interpreted in accordance with the internal laws of the State of Texas, without giving effect to the principles of conflicts of law thereof or of any other jurisdiction. ANY DISPUTE OR CLAIM ARISING OUT OF THIS AGREEMENT OR THE INTERPRETATION, MAKING, PERFORMANCE, BREACH OR TERMINATION HEREOF FOR WHICH A PARTY HERETO SEEKS INJUNCTIVE OR EQUITABLE RELIEF OR ANY OTHER CLAIMS NOT SUBJECT TO SECTION 14 ABOVE, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE TEXAS STATE COURTS IN DALLAS COUNTY, TEXAS (OR, IF THERE IS EXCLUSIVE FEDERAL JURISDICTION, THE FEDERAL COURTS OF THE NORTHERN DISTRICT OF TEXAS), AND THE PARTIES CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THESE COURTS. Consumer Club does not guarantee continuous, uninterrupted, or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent possible, or if not enforceable, then struck, and the remaining provisions shall be enforced. You agree that Consumer Club may automatically assign this Agreement and all incorporated agreements in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You and Consumer Club are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, or agency relationship between Consumer Club and the Affiliated Stores or between Consumer Club and any other of its Corporate Participants. Consumer Club’s failure to insist on strict performance of this Agreement or to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 7, 11, 12, 13, 14 and 16 shall survive any termination or expiration of this Agreement.