The terms “us”, “our”, and “we” refer to Merchant Benefits Alliance. This website shall be referred to as Merchant Benefits Alliance, or the “Site”. Merchant Benefits Alliance is a merchant club containing savings, discounts and/or other benefits for use by our merchants, subject to the terms and conditions hereof. We own this URL address. This website is protected by applicable law. Our corporate headquarters are located at Ten Glenlake Parkway, South Tower, Suite 950 Atlanta, GA 30328.
The terms “you” or “your” refer to the user of this Site. If you use this Site, you are expressly agreeing to comply with and be bound by all of the following terms and conditions of use. If you disagree with any part of these terms and conditions, you are prohibited from using this Site and you are required to immediately contact us or opt out of the Site.
You expressly agree to the following terms and conditions of use the Site:
1) Benefits. Subject to the terms and conditions set forth herein, you shall be entitled to the following benefits: discounts and savings on products and/or services from national, regional and/or local vendors listed on the Site.
2) Free Trial Period. During the first 60 days following enrollment, you will have free access to use the Site. After expiration of the initial trial period, you will be charged a monthly membership fee described in Section 3 below.
3) Membership Fee. You will be charged a monthly membership fee of $14.95 per month and $4.95 per additional terminal, following the trial period described in Section 2 above. Your monthly membership fee will be billed on your monthly statement. Membership fees are non-refundable. If the amount of the fee changes after your enrollment for any reason, we will provide at least thirty (30) days advance written notice to you regarding any such change.
4) Eligibility. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account. You acknowledge and agree to indemnify and hold us harmless from and against any claim, loss, or liability (including reasonable attorney’s fees), arising from any wrongdoing or the violation by you or by anyone using your account.
5) Right to Cancel Membership. You have the right to cancel your membership at any time. To cancel your membership, simply click on the “opt out” button found at the footer of the Site and follow the instructions. You must cancel at least three (3) business days before the first day of the next month in order for cancellation to take effect the following month. If you opt out, you will not be eligible to re-enroll for a period of three months.
6) Authorization to Send Marketing & Promotional Materials. As a member, you authorize us to send you promotional and/or marketing materials relating to the Site, including, but not limited to, through email, monthly statements and/or postal mail. Please review our “privacy policy” for detailed information regarding our permitted uses of the information we receive from you through the Site and for other uses of your information.
7) Governing Law. Your agreement to abide by these terms and conditions and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Texas, exclusive of its conflict or choice of law rules.
8) Arbitration.Any dispute, claim or controversy arising out of or relating to your agreement to abide by these terms and conditions or the breach, termination, enforcement, interpretation or validity of these terms and conditions, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by exclusively by binding arbitration in New York City before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
9) Disclaimers and Limitation of Liability.
A) Disclaimers. We provide links to third party sites as a convenience and the inclusion of any such link on the Site does not imply our endorsement of either the third party site, the organization operating such third party site, or any of their products or services. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these third-party vendors or businesses, or the content of their Web sites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. A visit to any third party site or page from the Site via any such link is done entirely at your own risk. If you find any link on the Site or any linked web site objectionable for any reason, please notify us immediately.
B) No Liability. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT BY US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THE PRECEDING NOTWITHSTANDING, IF WE ARE DEEMED LIABLE FOR ACTS OR OMISSIONS EITHER DIRECTLY OR INDIRECTLY RELATED TO MERCHANT BENEFITS ALLIANCE, THEN OUR AGGREGATE LIABILITY SHALL NOT, UNDER ANY CIRCUMSTANCE, EXCEED BY THE AMOUNT REPRESENTED BY THE MONTHLY MEMBERSHIP FEE.
10) Amendments and Severability. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time, with or without notice. Amendments or changes to these Terms and Conditions, including benefits, shall not be deemed amendments or changes to your Merchant Agreement for purposes of any termination provision enumerated in said Merchant Agreement. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or condition.
11) Termination. We reserve the right to immediately cancel your membership: (i) in the event of any breach of your Merchant Agreement or its termination for any reason; or (ii) by refunding the last monthly membership fee paid.
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