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 TravelSense, Inc. (TS), a Pennsylvania corporation with an office at PO Box 100, Springtown, PA 18081, 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”).
TS is an information service only. The service which TS 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 TS from time to time. The membership cards issued to Members are the property of TS and shall be returned to TS promptly upon request. Members may cancel their membership by returning their membership cards to TS, PO Box 100, Springtown, PA 18081, Attention: TravelSense, Inc. 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 TS 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 TS. Cancellation will not become effective until all membership cards and materials are received by TS. 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 TS 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 TS immediately of any unauthorized use of their membership number, or theft or loss of the membership number or card.
TS 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. TS 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 TS’S SKILL OR JUDGMENT IN SELECTING THE PRODUCTS AND SERVICES AVAILABLE TO MEMBERS AND THAT TS 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. TS’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. TS SHALL HAVE NO LIABILITY FOR ANY DELAY IN DELIVERY FOR ANY CAUSE BEYOND TS’S CONTROL, INCLUDING DELAY DUE TO UNION DISPUTES OR FACTORY PRODUCTION SCHEDULES. TS 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. TS 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 TS that they do not wish to renew their membership, TS 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 TS 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 TS must be in writing and shall be deemed to have been given when actually delivered to TS. Any notice from TS to Members shall be deemed to have been given when delivered to the address the Members have given to TS. Members shall notify TS 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 TS 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 TS. 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 TS.