membermarkets LLC and/or its affiliates ("membermarkets") provide website features and other products and services to you when you visit or shop at membermarkets.com, use membermarkets products or services, use membermarkets applications for mobile, or use software provided by membermarkets in connection with any of the foregoing (collectively, "membermarkets"). membermarkets provides services subject to the following conditions.
By using membermarkets, you agree to these conditions. Please read them carefully.
We offer a wide range of services, and sometimes additional terms may apply. When you use a membermarkets service (for example, My Account, Gift Cards, Member Points, or membermarkets applications) you also will be subject to the guidelines, terms and agreements applicable to that membermarkets service ("Service Terms"). If these Terms and conditions are inconsistent with the Service Terms, those Service Terms will control.
When you use membermarkets services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other membermarkets services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any membermarkets service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of membermarkets or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any membermarkets Service is the exclusive property of membermarkets and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any membermarkets Service are trademarks or trade dress of membermarkets in the U.S. and other countries. membermarkets’ trademarks and trade dress may not be used in connection with any product or service that is not membermarkets’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits membermarkets. All other trademarks not owned by membermarkets that appear in any membermarkets service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by membermarkets.
One or more patents owned by membermarkets apply to the membermarkets services and to the features and services accessible via the membermarkets services. Portions of the membermarkets services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions and any Service Terms, and your payment of any applicable fees, membermarkets or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the membermarkets services. This license does not include any resale or commercial use of any membermarkets Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any membermarkets Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and conditions or any Service Terms are reserved and retained by membermarkets or its licensors, suppliers, publishers, rights holders, or other content providers. No membermarkets service, nor any part of any membermarkets service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of membermarkets. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of membermarkets without express written consent. You may not use any meta tags or any other "hidden text" utilizing membermarkets’ name or trademarks without the express written consent of membermarkets. You may not misuse the membermarkets services. You may use the membermarkets services only as permitted by law. The licenses granted by membermarkets terminate if you do not comply with these Terms and conditions or any Service Terms.
You may need your own membermarkets account to use certain membermarkets services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. membermarkets does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the membermarkets services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their membermarkets Household. Alcohol listings on membermarkets are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. membermarkets reserves the right to refuse service, terminate accounts, terminate your rights to use membermarkets services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. membermarkets reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant membermarkets a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant membermarkets and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify membermarkets for all claims resulting from content you supply. membermarkets has the right but not the obligation to monitor and edit or remove any activity or content. membermarkets takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
membermarkets respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact our customer service.
RISK OF LOSS
All purchases of physical items from membermarkets are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
membermarkets does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, membermarkets does not take title to the refunded item. For more information about our returns and refunds, please see contact customer service.
membermarkets attempts to be as accurate as possible. However, membermarkets does not warrant that product descriptions or other content of any membermarkets Service is accurate, complete, reliable, current, or error-free. If a product offered by membermarkets itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on membermarkets and other retailers.
With respect to items sold by membermarkets, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by membermarkets is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by membermarkets, such as the membermarkets App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any membermarkets service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using membermarkets services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including membermarkets software), technology, and services.
Parties other than membermarkets operate stores, provide services or software, or sell product lines through the membermarkets services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from membermarkets. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). membermarkets does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MEMBERMARKETS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MEMBERMARKETS SERVICES ARE PROVIDED BY MEMBERMARKETS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MEMBERMARKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MEMBERMARKETS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEMBERMARKETS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MEMBERMARKETS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MEMBERMARKETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEMBERMARKETS DOES NOT WARRANT THAT THE MEMBERMARKETS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MEMBERMARKETS SERVICES, MEMBERMARKETS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MEMBERMARKETS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MEMBERMARKETS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MEMBERMARKETS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MEMBERMARKETS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any membermarkets Service, or to any products or services sold or distributed by membermarkets or through membermarkets.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and conditions as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy. I posted on this site. These policies also govern your use of membermarkets services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms and conditions at any time. If any of these 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 condition.
10601 West I-70 Frontage Road North
Wheat Ridge, CO 80212
ADDITIONAL MEMBERMARKETS SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with membermarkets services (the "membermarkets Software").