Review Poway Terms and Conditions Carefully
Membership Terms & Conditions
The following terms and conditions govern the Membership, or Service and the benefits available at the Poway Weapons & Gear Range hereunder (the “PWGR” or “PWGR Service”). ALL PERSONS SUBSCRIBING TO THE PWGR SERVICE ARE URGED TO READ THE MEMBERSHIP TERMS & CONDITIONS CAREFULLY AND IF YOU HAVE
ANY QUESTIONS TO CONTACT A PWG REPRESENTATIVE AT ATTN: MEMBERSHIP, PWGR, 13550 Danielson Street, Poway CA 92064. This membership terms & conditions (the “Membership Terms & Conditions,” or “Agreement”) is made between Poway Weapons & Gear (“PWG”), a California Corporation with executive offices at 13550 Danielson Street, Poway CA 92064 and the person registering for membership or otherwise specified on the PWGR membership card. (“you” or the “Member”).
Agreement Between Poway Weapons and Gears and Members
1. Description of PWGR Services. Each Member is entitled to receive discounts and other benefits on specified membership related services and other products and services offered by participating vendors and thru premises (“Benefits”) as described for the various levels of membership.
A. All Benefits, including, without limitation, a then current listing of participating vendors, are accessible online at http://www.weaponsandgearrange.com To access Benefits or information related to Benefits or the PWGR a Member will be required to be a member in good standing and enter his or her PWGR registered email address and password.
B. A Member’s actual savings and benefits will vary depending upon Member’s specific benefit and membership level. Discounts and other Benefits available to Members may not be combined with discounts from any other discount program.
C. All Benefits are subject to discontinuation, change, modification, improvement or substitution without notice and PWGR makes no representations or warranties with respect to, and accepts no responsibility or liability for, out of date or erroneous information related thereof.
D. PWGR will negotiate with various vendors, if any, in an attempt to acquire the best possible products, services and discounts for its members.
E. The membership fee for the PWGR Service is (subject to certain additional requirements as proscribed by PWGR), non-refundable after payment is received except at prescribed by law.
2. Membership Term Renewals. A Member shall be entitled to all of the Benefits available to Members of the PWGR for the ensuing twelve-month period under the annual plan, or for the life term of Founding Member plans. Commencing on the date of acceptance of the Member’s application for enrollment for each twelve- month period thereafter (the “Membership Term”). PWGR reserves the right, at its sole discretion, to change the terms and conditions of this Agreement at any time, with or without notice to any Member, or to cancel this Agreement or the PWGR Service.
3. Electronic Disclosure and Consent. Your submission of an electronic email address on the 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. PWGR will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided. At your request, PWGR agrees to provide you with a paper copy of any amendments to this Agreement. You may request paper copies of required notices by sending such request to Attn: Membership, PWGR, 13550 Danielson Street, Poway CA 92064.
A. You have the right to withdraw this consent, but if you do PWGR will immediately terminate this Agreement and/or the PWGR Service. To withdraw your consent, please contact PWGR by sending such request to Attn: Membership, PWGR, 13550 Danielson Street, Poway CA 92064.
B. It is your responsibility to maintain accurate contact information in your member profile and contact PWGR immediately if your electronic or US postal mail address changes and you are unwilling or unable to update the information online. You can contact PWGR to inform PWGR of such changes through the website.
4. PWGR Service Fee Renewal Fees. The current PWGR 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 any annual enrollment anniversary, unless cash or check payment has been received before said anniversary. Any Member who uses a debit card as the designated credit card account, or pays by check, acknowledges that PWGR 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 for Member accounts. Unless Member cancels membership in the PWGR Service or alters their auto-renewal status through the member profile online pursuant to Section 5 of this Agreement , or contact PWGR in writing, prior to the end of Member’s then-current Membership Term, PWGR will automatically renew membership at the end of such then-current Membership Term as authorized upon enrollment and bill the then-current renewal Service Fee to the designated billing source.
5. Right to Cancel Refund of PWGR Member Fee. Members have the right to terminate this Agreement and membership in the PWGR Service at any time. A Member may cancel this Agreement and membership in the PWGR Service, or their auto-renewal, through their member profile, once logged into the website or by sending such request to Attn: Membership, PWGR, 13550 Danielson Street, Poway CA 92064. If Member cancels their membership before the end of a Membership Term for which Member has paid the Member Fee, the Member cannot receive a refund of such Service Fee nor any portion thereof. Due to the nature of the services provided by PWGR (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 PWGR Service. If Member feels that they have been billed multiple times for the Member Service for one Membership Term, Member should promptly send notice of such, including all membership contact details, billing dates, transaction details and the credit card and/or debit card number that it was billed to Attn: Membership, PWGR, 13550 Danielson Street, Poway CA 92064 and also to firstname.lastname@example.org.
6. Disclaimer of Liability. PWGR 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 PWGR. PWGR 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 PWG. Although PWGR, 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.
Member understands and acknowledges that PWGR cannot force vendors to provide any product, service or promotion and that Vendors are free to run their businesses as they see fit and begin/halt such efforts at their own discretion.
7. PWGR Member Representation and Obligations. In return for the discounts and benefits available under the PWGR Service, each Member acknowledges such Member’s obligations to PWGR as follows:
(a) you have read the “Membership Terms & Conditions” carefully, and understand the provisions of the PWGR Service and the billing method for the payment of the annual Membership Fee
(b) You may cancel your membership in the PWGR 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 PWGR Service are not assignable without the express written consent of PWGR and you will use your membership only for personal, non commercial use or for the benefit of your immediate family if specifically allowed under the members respective membership level. 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 to you by PWGR 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 PWGR Service, potential legal action from PWGR and/or potential legal action from the Vendor
(e) PWGR 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 and
(f) You hereby represent and at all times during your membership maintain that you are not a convicted felon, have not been adjudicated as mentally unstable or dangerous to others, not under a restraining order for any form of violence and not a danger to yourself or others. You hereby affirm that you will immediately inform PWGR if your answer to these representations change in any way, for any amount of time.
8. 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 California. Any dispute arising between you and PWGR will be submitted to arbitration in the State of California 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.
9. Disclaimer of Warranties. PWGR may act as a merchant or direct provider for many of the Benefits made available to Members. ACCORDINGLY AND UNLESS A VENDOR OR PWGR 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 PWGR.
10. General Release. Each Member, for himself/herself, and on behalf of any person who uses the Benefits available through PWGR (“Membership Beneficiary”), hereby forever releases, acquits and discharges PWGR 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 PWGR Service. The sole recourse available to a Member, Membership Beneficiary or their legal representatives shall be the cancellation of the Membership.
11. Receipt of Mail. PWGR cannot guarantee that it receives any mail that Member claims to have sent. Member should, at Member’s own expense, send any notices to PWGR in a form to ensure to Member that their communication arrived at PWGR, which form may include but not be limited to FedEx, UPS, USPS Return Receipt Requested and USPS Certified Mail.
12. Entire Agreement. The foregoing Membership Terms & Conditions contain the entire terms and agreements in connection with Member’s participation in the PWGR Service and no representations, inducements, promises or agreement, or otherwise, between PWGR 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 Membership Terms & Conditions shall be binding upon and inure to the benefit of PWGR and the Member as well as their respective successors and permitted assigns.