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THE COMMISSIONER OF FINANCIAL REGULATION FOR THE STATE OF MARYLAND WILL ACCEPT ALL QUESTIONS OR COMPLAINTS REGARDING THIS AUTHORIZED DELEGATE OF BLACKHAWK NETWORK, INC. (NMLS# 1044077) AT:
500 N CALVERT STREET, SUITE 402
BALTIMORE, MARYLAND 21202
TOLL-FREE: 888-784-0136
Phone:
1-800-251-8869 (Mon-Fri, 7am – 10pm CT)
E-mail:
subscription@myfunsource.com
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS
THESE TERMS OF USE AND CONDITIONS OF SALE FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) AND SHOULD BE READ CAREFULLY.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES.
MEMBERSHIP TERMS AND CONDITIONS. These Terms and Conditions apply to the membership of the person whose name or membership number was used to log on to this site (“YOU,” “You,” “you”, or “your“). This membership (“Membership”) is an optional service provided, administered, or owned and operated by SEMPRIS, LLC, and/or its subsidiaries and affiliates. SEMPRIS, 13033 Ridgedale Drive, Suite 202, Minnetonka MN 55305 (collectively, “SEMPRIS,” “We,” “Us” or “Our”).
THE SERVICE. In exchange for payment by you of the current membership fee, you may obtain the Membership. The benefits of the Membership consist of discounts and savings opportunities as described in this membership website. SEMPRIS reserves the right to change the specific services included in the Membership and reserves the right to modify these terms and conditions without notice. SEMPRIS reserves the right to limit discounts. SEMPRIS reserves the right to change the content of the Membership website at any time. We reserve the right to cancel your Membership at any time for any reason.
GUARANTEED SAVINGS: The savings you get with us can’t be beat. In fact, We’re so confident in the savings you’ll get from Our Preferred Partners that We’ll guarantee you 100% of the difference if you should find a better offer online or anywhere else. Offer must be identical in every respect to, and deliver a greater dollar savings amount than, what is available on the members-only website. Proof of purchase, a copy of the competing advertisement and exact offer details (date, where offer found, etc.) are required to process savings guarantee request. Requests that do not meet the foregoing requirements will not be honored. This offer is non-transferable. Must be an active and fully paid-up member at time of redemption of competing offer to qualify. Don’t be fooled by look-alike offers found elsewhere that promise much more, but deliver far less. We make sure that our offers are better than what you can find anywhere else – our expiration dates are longer, our savings are higher and the overall value can’t be beat.
WHO MAY USE. Only you and members of your immediate family living in your household may use the Membership on your or their behalf. No corporate, company, or business Memberships are permitted. You agree to notify Us if you become aware of any unauthorized use of your Membership or if your membership number is lost. This website is not directed at children under the age of 13. SEMPRIS does not intend to gather any personal information from children under 13. Children under the age of 18 should get permission from a parent or guardian before sending any personal information to Us via e-mail or otherwise. However, if the parent or guardian of a child under 13 has provided Us with personally identifiable information, the parent or guardian of that child should call Us at 1-800-475-1942 if they want this information deleted from Our files.
TRIAL PERIOD, PERIODIC, RECURRING BILLING AND PAYMENT METHODS. If you purchased the Membership on a trial offer, you will receive all regular benefits of membership for the time period as indicated in your membership materials. Unless you notify Us that you wish to cancel before the end of the trial period, your credit or debit/check card will be charged the periodic, recurring fee for your Membership. Immediately upon receipt of cancellation, prior to any billing, your trial offer will terminate. Refer to next paragraph for payment and cancellation details for annual memberships. You may edit your payment method information by calling Customer Service at 1-800-475-1942. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your Membership (See “Right to Cancel Membership” below), you remain responsible for any uncollected amounts and authorize Us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. We may update your payment method with information provided by the applicable payment service provider, and you authorize Us to continue to charge the membership fee to the updated payment method. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or other charges. Check with your payment method service provider for details. Billing services provided by NULL.
NO AUTOMATIC RENEWAL OF “ANNUAL ONLY” MEMBERSHIPS. If your Membership is billed once per year, We will not arrange for the automatic renewal of the Membership annually. If you wish to renew your annual Membership once it expires, please contact Customer Service at 1-800-475-1942.
RIGHT TO CANCEL MEMBERSHIP. You have the right to cancel the Membership at any time. To cancel, write to P.O. Box 5265, Hopkins, MN 55343-2265, Attn: Customer Service, or call 1-800-475-1942, or go to www.programstop.com. If you cancel the Membership, you will not be charged any additional fees.
LIABILITY. SEMPRIS assumes no liability for any products or services provided by a SEMPRIS vendor or marketing partner. You agree that any claim shall be made against the vendor of such products or services and not SEMPRIS. This site may contain links to websites that are established and maintained by a party other than SEMPRIS. These links are provided for your convenience only, and We are not responsible for the content, accuracy, or performance of such sites. SEMPRIS 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. SEMPRIS SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. OUR LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF THE MEMBERSHIP FEE CHARGED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY DOES NOT APPLY IN NEW JERSEY.
ARBITRATION. This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with your use of Our website, the Privacy Policy, or any matter concerning SEMPRIS including use and purchase of Membership, collectively “Disputes,” shall be governed exclusively by the laws of the State of Minnesota, excluding its conflict of law provisions. If a Dispute arises under this Agreement, we agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to contact Us with Disputes by writing to Us at SEMPRIS, 13033 Ridgedale Drive, Suite 202, Minnetonka MN 55305. SEMPRIS will contact you by letter to your billing address you provided Us.
If any Dispute cannot be resolved informally, we each agree that any and all Disputes, other than those either party may choose to file in small claims court, shall be submitted to final and binding arbitration before a single arbitrator under the auspices of JAMS® in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with JAMS®, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the JAMS® Consumer Arbitration Minimum Standards in effect at the time of submission of the demand for arbitration (available at https://www.jamsadr.com/consumer-minimum-standards/), which are incorporated by reference herein. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Minnesota: (i) any dispute, controversy, or claim relating to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
MAIL PREFERENCE SERVICE. From time to time We make portions of Our customer list available to carefully screened companies and organizations whose products or services may be of interest to you. If you would prefer to have your name withheld, please send your request with complete name and mailing address to: Mail Preference Service, P.O. Box 5265, Hopkins, MN 55343-2265.
QUESTIONS. If you have any questions regarding the membership, please call toll-free at 1-800-475-1942.
COPYRIGHT NOTICE. All images, text and other contents of this site are ©2009-2022 SEMPRIS, LLC. This site is for members’ personal and non-commercial uses only. Without the prior written consent of SEMPRIS, LLC, any reproduction or commercial use of any materials from this site is prohibited. All rights reserved.
A NOTE TO OUR MEMBERS: If at any time you have trouble placing or receiving an order, please contact one of Our customer service specialists who will be happy to make arrangements for your purchase. Please contact Us at support@merchandisehelp.com for assistance.
Membership is unavailable to residents of the states of WI, IA, MN, UT and VT.
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