Terms of Membership and Membership Agreement
The following is the Membership Agreement between the provider of this membership program (Green King Nations) and the enrolled member of this membership program ("You"). UPON ENROLLMENT, YOU AGREE TO THESE TERMS AND CONDITIONS. WE URGE YOU TO READ THIS MEMBERSHIP AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL US AT THE NUMBER ON YOUR MEMBERSHIP CARD/MATERIALS OR ON THE PROGRAM WEBSITE.
- Membership Benefits. As a Member, you are entitled to access discounts and/or other benefits on certain products and services offered by Green King Nations and its related entities ("Member Benefits"), as explained in the membership materials or on the membership program website ("Program Website"). Some benefits may not be available to members who are not in good standing. Please see your membership materials and Program Website for details and limitations. We reserve the right to suspend or end the program or certain aspects thereof, without prior notice, in our sole discretion. See below for a detailed explanation of member benefits.
- Use of Membership. Your membership is non-transferable. FOR NON-CREDIT REPORT AND CREDIT SCORE RELATED PRODUCTS: You agree that only You and Your Immediate Family may use the membership. "Immediate Family" means You, Your spouse or partner and Your children living in Your home. FOR CREDIT REPORT AND CREDIT SCORE RELATED PRODUCTS: You agree that only You may use the membership. FOR ALL PRODUCTS: Benefits are not for resale. You will promptly notify Us if You become aware of any unauthorized use of Your membership card (where applicable) or membership number, or if Your membership card (where applicable) is lost or stolen.
- Membership Term. Your membership is effective on a monthly basis and you shall continue to be a member in good standing as long as you pay contributions for the ROTATING SAVINGS PLAN (RSP) every cycle and you continue to meet and maintain the requirements as stipulated by Green King Nations.
- Member Benefits. Please see the website for the benefits which are being offered to those members in good standing at no cost to the member.
- Change. In the event the membership fee is changed, we will send you advance written notice of all changes to your membership fee. Should you wish to cancel your membership, please contact us.
- Termination of Membership, YOU MAY TERMINATE THIS MEMBERSHIP AGREEMENT AND YOUR MEMBERSHIP AT ANY TIME BY CALLING US OR BY NOTIFYING US IN WRITING. YOUR CANCELLATION WILL BE EFFECTIVE PROMPTLY UPON THE RECEIPT AND PROCESSING OF YOUR CANCELLATION REQUEST.
- Entire Agreement. This Membership Agreement contains all of the terms of membership, and no representations, inducements, promises or agreements concerning the membership not included in this Membership Agreement shall be effective or enforceable. If any of the terms of this Membership Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
- Governing Law. THIS MEMBERSHIP AGREEMENT AND THE TERMS OF MEMBERSHIP SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
- Arbitration. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute or controversy between You and Us (or made by or against anyone connected with You or Us, or claiming through You or Us) arising from or relating to Your membership ("Claim"), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Membership Agreement. Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of California, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 ("FM"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the federal judicial district that includes Your Payment Source Billing Address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of California without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, PROGRAM WEBSITE, ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THE PROGRAM SITE, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THE PROGRAM WEBSITE, ANY LINK PROVIDED ON THE PROGRAM WEBSITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR MEMBERSHIP.
The information provided and made available is for educational and reference purposes only. It does not constitute, and should not be construed as, legal or financial advice.