TERMS OF MEMBERSHIP AND MEMBERSHIP AGREEMENT
The following is the Membership Agreement between Gourmet Cooking Rewards ("We and Us" and the person whose name appears on the Membership Card included with this Membership Package ("You"). ALL PERSONS SUBSCRIBING ARE URGED TO READ THE TERMS OF MEMBERSHIP AND MEMBERSHIP AGREEMENT CAREFULLY AND TO COMMUNICATE ANY QUESTIONS THAT MAY ARISE TO THE REPRESENTATIVES AVAILABLE AT THE NUMBER LISTED ON YOUR MEMBERSHIP CARD.
1. Membership Benefits. As a Member, You are entitled to discounts and other benefits on specified products and services offered by participating vendors ("Benefits") explained herein.
2. Use of Membership. You, and immediate members of your family living in your household, may use Gourmet Cooking Rewards on your or their behalf. You shall be responsible for all use of your membership number and shall notify Gourmet Cooking Rewards immediately of any unauthorized use of your membership number or if You believe that the membership number may have been lost or stolen. You shal continue to be responsible for all use of your membership number, including all charges to your account, until You provide Gourmet Cooking Rewards with such notice. You agree to idemnify Gourmet Cooking Rewards and hold Gourmet Cooking Rewards harmless from and against any claim, loss, or liability (including reasonable attorney's fees) arising from the breach of this Agreement by You or by anyone using your account or from any other violation of law by You or anyone using your account.
3. Confidentiality. All information and software provided through Gourmet Cooking Rewards is and shall remain the sole and exclusive property of Gourmet Cooking Rewards. You shall not publish, broadcast, retransmit, or otherwise reproduce, the information or software in any medium. Any violation of this restriction is an infringement of copyright or proprietary rights in the information and software.
4. Disclaimer of Liability. You agree that Gourmet Cooking Rewards shall not have any liability to You as a seller of any products or vendor services, including,
without limitation, any liability for any defective products. You further agree that Gourmet Cooking Rewards is not responsible or liable for any of the Benefits provided
by participating vendors and, if You have any claims relating to any of these Benefits, You will make your claim against the vendors providing the Benefit.
Gourmet Cooking Rewards MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR INFORMATION DELIVERED OR PROVIDED TO YOU,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND Gourmet Cooking Rewards SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES. Gourmet Cooking Rewards'S LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF THE Gourmet Cooking Rewards MEMBERSHIP FEE. We reserve the right to eliminate,
add, change and substitute Benefits and participating providers without
notice to You. Gourmet Cooking Rewards assumes no responsibility for the payment of or contribution to
any tax which may be imposed by taxing authorities and such taxes, to the extent imposed, shall remain the sole responsibility of You or the provider of the Benefits,
as the case may be.
5. Governing Law/Arbitration. The Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with,
the laws of the State of California. Any dispute arising between You and Gourmet Cooking Rewards will be submitted to arbitration in the State of California
in accordance with the rules of the American Arbitration Association then in effect. Nothing shall deprive You of the benefits of your state's consumer protection laws.
6. Membership Fee. The current annual membership fee will be billed to your designated credit card account on the terms described. The amount of future membership fees
will be established by Gourmet Cooking Rewards within its discretion and without notice.
7. Right to Cancel Membership. You have the right to terminate this Agreement at any time. You may cancel this Agreement by calling 1-866-880-5277; or by writing to GreatLife
Rewards, Attention: Cancellations, PO Box 4120, Carlsbad, CA 92018. If You cancel this Agreement during your trial period, You will not owe any
membership fee. If You discontinue your membership at any time after the trial period, You can receive a refund for the full unused portion of that year's membership fee.
You will remain liable for any other fees or charges to be paid pursuant to this Agreement.
8. Renewal of Membership. Unless You notify Gourmet Cooking Rewards that You do not wish to renew your membership, Gourmet Cooking Rewards will automatically renew your
membership at the end of each term and bill the then-current renewal fee to the same credit card or credit line your original membership fee was billed to,
or to the current credit card we have on our files.
9. Entire Agreement. This Agreement contains all the Terms of Membership and no representations, inducements, promises or agreements concerning the
Membership not included in the Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable,
the remaining terms shall not be affected.
© 2004 by Gourmet Cooking Rewards. All rights reserved.