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Content

Terms of Membership and Membership Agreement

The following terms and agreement govern the Entertainment Consumers Association (ECA)® Membership and the benefits available thereunder (the "ECA Service"). ALL PERSONS SUBSCRIBING TO THE ECA SERVICE ARE URGED TO READ THE TERMS OF MEMBERSHIP AND MEMBERSHIP AGREEMENT CAREFULLY AND IF THERE ARE ANY QUESTIONS TO CONTACT AN ECA REPRESENTATIVE AT 1-203-761-6180, 8am - 6pm EST Monday-Friday. This terms of membership and membership agreement (the "Terms of Membership and Membership Agreement," or "Agreement") is made between ECA Entertainment Consumers Association, Inc. ("ECA"), a Delaware corporation with executive offices at 64 Danbury Road, Suite 700, Wilton, CT 06897-4406 and the person specified on the ECA membership card. ("you" or the "member").

  1. Description of ECA Services. Each Member is entitled to receive discounts and other benefits on specified entertainment-related and other products and services offered by participating vendors ("Benefits").

     

    1. All Benefits, including, without limitation, a then current listing of participating vendors, are included in the ECA Service membership package emailed to all Members and accessible online at www.ECAmembership.com (the "Benefits Website"). To access Benefits or information related to Benefits or the ECA Service from the Benefits Website, a Member will be required to enter his or her ECA registered email address and password.
    2. Discounts and other Benefits available to Members are based upon negotiated group discounts from participating vendor's usual and customary fees, or on national or regional fees for such Product. A Member's actual savings and benefits will vary depending upon Member's location in the United States and the specific Benefit. Discounts and other Benefits available to Members may not be combined with discounts from any other discount program.
    3. All Benefits are subject to discontinuation, change, modification, improvement or substitution without notice and ECA makes no representations or warranties with respect to, and accepts no responsibility or liability for, out of date or erroneous information related thereto.
    4. ECA has negotiated with the providers of Benefits in an attempt to acquire the best possible products, services and discounts for its members.
    5. The membership fee for the ECA Service includes $19.99 (non-refundable) payable for the Member's annual subscription to the Benefits Website.
  2. Membership Term; Renewals. A Member shall be entitled to all of the Benefits available to Members of the ECA Service for the ensuing twelve-month period under the annual plan, commencing on the date of acceptance of the Member's application for enrollment for each twelve-month period thereafter (the "Membership Term"). ECA reserves the right to change the terms and conditions of this Agreement at any time, and may cancel this Agreement or the ECA Service.
  3. Electronic Disclosure and Consent. Your submission of an electronic application shall constitute your consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. ECA will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided.
    At your request, ECA agrees to provide you with a paper copy of any amendments to this Agreement but ECA will charge you a processing fee and a shipping fee for such service. You may request paper copies of required notices by calling 1-203-761-6180.

    1. You have the right to withdraw this consent, but if you do ECA will immediately terminate this Agreement and/or the ECA Service. To withdraw your consent, please contact ECA by calling 1-203-761-6180.
    2. In order for you to access and retain this information, your system must meet the following requirements: (1) An PC or Macintosh compatible computer, (2) Internet Access, (3) An Internet browser such as Internet Explorer 4.0 or above, or another such equivalent Internet browser. In order for you to print or download disclosures you must have a printer connection from your PC or sufficient hard-drive space available to save the disclosures. If these software or hardware requirements change, ECA will provide you with prior notice of such change and the opportunity to withdraw your consent via electronic mail. Your submission of an online application shall constitute your acknowledgement that you have access to the software and hardware necessary to receive via electronic means these disclosures and notice of any changes to the software and hardware requirements.
    3. It is your responsibility to contact ECA immediately if your electronic or US postal mail address changes. You can contact ECA to inform ECA of such changes through the website.
  4. ECA Service Fee; Renewal Fees. The current ECA Service membership fee (the "Service Fee") will be automatically billed to Member's designated credit card account or other authorized billing source (e.g., debit card) on an annual recurring basis as authorized upon enrollment. Any Member who uses a debit card as the designated credit card account acknowledges that ECA will not be responsible for any fees or penalties associated with insufficient funds, bounced checks or any other form of fee due to a charge of the Service Fee to a debit card provided by the Member. Unless Member notifies ECA that he or she does not wish to renew membership in the ECA Service pursuant to Section 4 of this Agreement, then ECA will automatically renew membership at the end of each Membership Term as authorized upon enrollment and bill the then-current renewal Service Fee to the designated billing source.
  5. Right to update Credit Card Account Information. If the credit card provided by Member to ECA has expired during an attempt to bill fees per section 4, ECA will revise the expiration date and proceed with billing using the same credit card account.
  6. Right to Cancel; Refund of ECA Service Fee. Members have the right to terminate this Agreement and membership in the ECA Service at any time. A Member may cancel this Agreement and membership in the ECA Service by calling 1-203-761-6180. If a Member cancels before the end of a Membership Term for which Member has paid the Service Fee, the Member cannot receive a refund of such Service Fee, prorated for the remaining unused portion of the Membership Term. Due to the nature of the services provided by ECA (many of which are accessible immediately upon acceptance) it is understood that refunds cannot be issued. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement or the ECA Service.
  7. Disclaimer of Liability. Vendors. ECA shall have no liability in regard to any services provided, or to be provided, by any non-affiliated third party sponsor, affiliate or vendor ("Vendor"). All Vendors are independent contractors and not employees, partners or joint venture partners with ECA. ECA shall have no liability in regard to any Benefits provided, or to be provided, by any Vendor. You agree that claims with regard to services shall be made against the Vendor providing or performing such services and not ECA. Although ECA upon request by the member, will endeavor to intervene in conjunction with a member experiencing a problem or discrepancy with a Vendor, in the event any product or service purchased by a Member is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim.
  8. ECA Member Representation and Obligations. In return for the discounts and benefits available under the ECA Service, each Member acknowledges such Member's obligations to ECA as follows: (a) you have read the "Terms of Membership and Membership Agreement" carefully, and understand the provisions of the ECA Service and the billing method for the payment of the annual Service Fee; (b) You may cancel your membership in the ECA Service at any time prior to the conclusion of the then current Membership Term and will not be entitled to a refund of the pro rata unused portion of the Service Fee, (c) the Membership Term will renew automatically effective the first day following the conclusion of the existing Membership Term unless you elect to cancel in accordance with this Agreement; (d) the benefits of membership in the ECA Service are not assignable without the express written consent of ECA and you will use your membership only for personal, non commercial use or for the benefit of your immediate family. For purposes of this Agreement, "Immediate Family" shall be limited to the Member, and his or her spouse and children residing in the same house. You agree not to share any proprietary information supplied you by the ECA including but not limited to coupon codes, discounts, incentives, and the like to any third party, individual, entity or institution. A violation of this provision will result in your forfeiture of membership in the ECA Service, potential legal action from ECA and its Members; and (e) ECA assumes no responsibility for the payment of or contribution to any use or sales tax on Benefits that may be imposed by any state or federal taxing authority and such taxes, to the extent imposed, shall remain the sole responsibility of the Member or the direct provider of the Benefits, as the case may be.
  9. Governing Law; Arbitration. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut. Any dispute arising between you and ECA will be submitted to arbitration in the State of Connecticut in accordance with the rules of the American Arbitration Association then in effect. Nothing herein stated shall deprive you of the benefits of your state's consumer protection laws.
  10. Disclaimer of Warranties. ECA is not a merchant, manufacturer, or direct provider for many of the Benefits made available to Members. ACCORDINGLY AND UNLESS A VENDOR HAS AGREED OTHERWISE, ALL PRODUCTS, SERVICES, ADVICE, MERCHANDISE AND INFORMATION AVAILABLE TO MEMBERS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE ABOVE, NO WARRANTY OR GUARANTY IS GIVEN REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, CONTENT, DATA, SERVICE, ADVICE, SERVICE, PRODUCT OR MERCHANDISE PROVIDED OR AVAILABLE TO, OR PURCHASED BY MEMBERS THROUGH THE BENEFITS WEBSITE OR OTHERWISE THROUGH HIS OR HER MEMBERSHIP IN THE ECA SERVICE. Although ECA upon request by the member, will endeavor to intervene in conjunction with a member experiencing a problem or discrepancy with a Vendor, in the event any product or service purchased by a Member is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim.
  11. General Release. Each Member, for himself/herself, and on behalf of any person who uses the Benefits available through the ECA Service ("Membership Beneficiary"), hereby forever releases, acquits and discharges ECA from any and all liabilities, claims, demands, actions and causes of action that such Member or such Member's legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all Benefits available through the ECA Service. The sole recourse available to a Member, Membership Beneficiary or their legal representatives shall be the cancellation of the Membership.
  12. Entire Agreement. The foregoing Terms of Membership and Membership Agreement contain the entire terms and agreements in connection with Member's participation in the ECA Service and no representations, inducements, promises or agreement, or otherwise, between ECA and the Member not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby.
  13. Binding Effect. The foregoing Terms of Membership and Membership Agreement shall be binding upon and inure to the benefit of ECA and the Member as well as their respective successors and permitted assigns.