As this website is no longer active, and contains no functionality, substantial elements within these terms no longer have application and are being exhibited for historical reference only.
(Your Membership Agreement)
These Terms Of Membership constitute the agreement (“Agreement”) made by and between You and Encore Marketing International (‘Administrator”) in connection with your enrollment to and continued membership in the Encore Membership Program (“Program”) whose membership benefits and services are described in and provided through this website.
As a member of the Program, You have access to savings, discounts, and other benefits on specified products and services, and through specified retailers, as well as access where indicated to specified personalized services, most of which are offered by or arranged through third party providers and suppliers who are independent from the Administrator. Savings on merchandise purchases are, unless otherwise noted, off the manufacturer’s suggested retail price. Please refer to this Program website for all relevant information in connection therewith. The Administrator acts solely as the coordinator of the Program benefits and is not a merchant, vendor, manufacturer, or supplier of any product or service ordered by You, nor will it at any time have title to any product ordered. Substantial savings may be achieved through gift card purchases from the Program. Transactions from which rebates are issued are not assignable and must be for the personal use and benefit of the member. Program benefits terminate automatically without further notice upon termination of membership. You must be an active, paid in full member at the time You apply for any cash back rebate made available by the Program, and at the time it is remitted/provided. The Administrator reserve the right to change, alter or amend membership benefits, including any provider, service, product or brand and including effecting withdrawal of any rebate or other offer, and to provide notice to You via Program customer service or otherwise if and when You seek to utilize such services or benefits or obtain them from such parties, with no requirement of further notice. Certain benefits may be unavailable or, in the Administrator’s discretion, made unavailable within certain geographical areas. Where possible and in its discretion, the Administrator will endeavor to replace any withdrawn benefit with a substitute benefit of similar value.
Gift Card Savings: Members have the opportunity to purchase through the Program gift cards from well known restaurants and retailers, as well as, where made available, prepaid gas cards. For each card You purchase through the Program, you may apply within the same order form for a rebate which in accordance with the form may be up to ten percent (10%) on the dollar amount of your gift card purchase. Dollar amount of rebates issued for gift cards purchased is subject to a maximum amount of $200 per membership year. A membership year is defined as each consecutive twelve month period of your membership from enrollment. Please refer to the order form for additional limitations and conditions (including redemption maximum per membership quarter.), and further instructions. Your rebate request must be separately completed and requested within the form. The rebate will be in the form of a check or other instrument of equivalent value. When the full price of a (retail/dining/gas) purchase made at the issuer merchant location is made using a (retailer//dining/gas) gift card, purchased from the Program, applying your discount to the purchase of your gift card could, in equivalent terms, result in up to a 10% savings on your purchase from the merchant.
Movie Ticket Savings: Ticket order forms are not redeemable at the box office. Once ordered, you will receive your tickets by mail within 12-14 business days. Payments must include total dollar amount for tickets. Do not send cash - only payment by check, credit card or money order is accepted. Present ticket at box office. Theatres are not responsible for lost and/or expired tickets. Tickets are not gift certificates and have no cash value. All sales are final. Movie theatre tickets purchased are only valid for theatres specified and are not refundable or exchangeable. Certain restrictions may apply per theatre. Maximum number of movie theatre tickets order per membership year is limited to 100 theatres. Theatres tickets are for personal use only and may not be resold. You must be an active, and paid in full member at the time you submit your movie theatre/theme park ticket order form and at the time the order is issued to you. Offer and prices subject to change without notice. No refunds or exchanges.
Prescription Savings: Discounts are available only at or through participating pharmacies of the network provider. Benefit is not an insurance plan or HMO It is a discount plan only. We are not a health care administrator, and are not responsible for setting participating provider fees or assuring access or the quality of pharmaceutical products or services. You are solely responsible for the selection of any participating provider, product or service and the associated cost.
Membership Plan And Term
Membership in the Program was offered pursuant to a variety of membership plans. Membership fees are those that apply in relation to the Program membership plan offer You had accepted and are related to your membership term, which may be a monthly billed or annual billed membership plan. Most Program membership plans are monthly billed plans. Please further note that the specific name of the Program whose membership plan offer You had accepted, whose membership benefits and services are described in and provided through this website, appears within the Program billing descriptor appearing on your statement. For information on further benefits limited and applicable to certain specific program memberships, call the number appearing at the bottom.
Your membership was accompanied by an introductory trial period, usually 30 days, during which time You were either not be charged a fee, or if charged the fee would have been a nominal amount. You had the option during this trial period to cancel your membership as you do at anytime, with no further obligation, by calling the Program’s disclosed toll-free customer service number. In accordance with the membership plan offer You accepted, your membership, in the absence of a cancellation, continued automatically upon expiration of your trial period (as either a monthly or annual billed plan) in which the applicable membership fee for the ensuing membership period is to be charged to You in accordance with the membership plan offer You accepted. Please note that to constitute the valid acceptance of a plan offer, including a plan offer involving a trial period, You must have in connection with your acceptance of the offer provided a billable account to which fees described above, where and when applicable, may be charged.
If your Program membership is a monthly billed membership, upon expiration of your trial period, your membership automatically continued on a month to month ongoing basis and the monthly membership fee disclosed to You within the offer You accepted is automatically billed to the designated credit card or other billing source authorized by You at the time You enrolled. The membership fee billed each month will be to the same account authorized by You to be billed, where applicable, the nominal trial period fee. The Program reserves the discretion to change the monthly membership fee commencing after your first year of membership.
If your Program membership is an annual billed membership, upon expiration of your trial period, your membership automatically continued for a full year and the annual membership fee disclosed to You within the membership offer You accepted was automatically billed to the designated credit card or other billing source authorized by You at the time You enrolled. The charge was to the same account authorized by You to be billed, where applicable, the nominal trial period fee. Thereafter, in the absence of notifying the Program that You do not wish to renew your membership, your membership, in accordance with the membership plan offer You accepted, automatically renews at the end of each membership year and, via the same billing source You had originally authorized, the then-current renewal fee for your next membership year will be billed to your designated account. The Program reserves the discretion to change the membership fee for any renewal term, to be effective upon the renewal of your membership.
Should the Administrator be unable at any time to bill its membership fee to your specified billing source because it has declined billing, the Administrator may, at its option, make re-attempts to bill the transaction. Should the Program within a thirty day period after a declined transaction be unable to receive from You in full through your designated billing source the membership fee otherwise due, the Administrator may, at its option, (i) suspend your right to access all of the Program membership benefits until such time as it is able to bill the outstanding charges to your designated billing source; or (ii) terminate your membership without notification. Though it may engage in the efforts described above, You acknowledge that should your designated billing source decline billing of any membership fee, at any time, the Administrator may without notice to You terminate your membership immediately.
RIGHT TO CANCEL MEMBERSHIP. You have the right at any time to cancel your membership and terminate further billing by calling the Program toll free customer service number, 1-877-231-2809. If in response to a membership fee billing for the Program You wish to cancel your membership or otherwise have any question in regard to the billing and/or your membership, You are requested to please call the Program customer service phone number referenced within the Program billing descriptor appearing on your statement. You may in regard to annual billed plans receive a refund of your current paid annual membership fee, upon request, if your cancellation request is received by the Program within the time period specified within your membership plan.
Electronic Communication. You consent, where you have provided the Program with your email address, to receive communications from the Program and its Administrator about your membership by email or notices posted at this Program website, as determined by the Administrator in its sole discretion. You agree that any requirement that a disclosure, notice, agreement or other communication be sent to You in writing is satisfied by this electronic communication and that such shall be deemed for all purposes to be a "writing" or "in writing" in compliance with all requirements for a writing.
Limitation Of Liability
The Administrator, as the coordinator of membership benefits, has made every attempt to verify the accuracy of information provided, but cannot be held responsible for any errors or omissions in any materials provided to You including typographical errors. THE PROGRAM AND PROGRAM ADMINISTRATOR MAKE NO WARRANTY EXPRESS OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE MEMBERSHIP BENEFITS OR THE PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THE PROGRAM. YOU ACKNOWLEDGE THAT THE PROGRAM, PROGRAM ADMINISTRATOR AND ITS AFFILIATES HAVE NO LIABILITY TO YOU (I) AS A SELLER OF ANY PRODUCTS OR SERVICES PROVIDED OR MANUFACTURED BY OTHERS, INCLUDING NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE SERVICES OF ANY MERCHANT, VENDOR, OR OTHER PROVIDER OR SUPPLIER OF SERVICES AND PRODUCTS; (II) FOR DEFECTIVE OR NONCONFORMING PRODUCTS OR SERVICES; OR (III) FOR DELAYS IN DELIVERY, OR FOR ANY FAILURE BY ANY PRODUCT OR SERVICE PROVIDER, MERCHANT, VENDOR OR SUPPLIER TO HONOR THE APPLICABLE DISCOUNT OR OTHER TERMS OF ANY OFFER. THE PROGRAM AND PROGRAM ADMINISTRATOR WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND ASSUME NO RESPONSIBILITY FOR THE PAYMENT OF OR CONTRIBUTION TO ANY USE OR SALES TAX ON THE PRODUCTS OR SERVICES SO REFERRED TO ABOVE. ANY CLAIM SHALL BE DIRECTED ONLY TO THE THIRD PARTY VENDOR OR PROVIDER OF THE PRODUCT OR SERVICE.
If You encounter a problem with any discount, product, or service, the Program will always try to assist You in resolving the matter. However, notwithstanding anything to the contrary contained herein, liability to You for any cause whatsoever, and regardless of the form of action, will at all times be limited to the cancellation of your Program membership and amount paid, if any, by You for your Program membership during the term of your membership.
Dispute Resolution And Agreement To Binding Arbitration
THE PROGRAM AND PROGRAM ADMINISTRATOR (“We, “Us”) AND YOU AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM OR CONTROVERSY (WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF YOUR ENROLLMENT AND THIS AGREEMENT) ARISING OUT OF OR RELATING IN ANY WAY TO YOUR PROGRAM MEMBERSHIP, INCLUDING BUT NOT LIMITED TO ITS ADVERTISING, YOUR ACCEPTANCE OF PROGRAM MEMBERSHIP AND MEMBERSHIP ADMINISTRATION INCLUDING MEMBERSHIP FEE BILLING AND THE PROVISION OF MEMBERSHIP SERVICES, IF NOT RESOLVED INFORMALLY BETWEEN YOU AND US, WILL BE RESOLVED ONLY BY BINDING ARBITRATION INSTEAD OF IN A COURT OF GENERAL JURISDICTION. Arbitration replaces the right to go to court. We and You agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply. There is no judge or jury in arbitration.
For all disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve your claim by sending a written description of your claim to us. You and We each agree to negotiate with each other in good faith about your claim. If We do not resolve the claim within 60 days after We receive your claim description, You may pursue your claim in arbitration. Notwithstanding the above, You retain the right to pursue, on an individual basis only, in a small claims court any claim that is within that court's jurisdiction. If a claim proceeds in court there will be no jury trial. You and We unconditionally waive any right to trial by jury in any action, proceeding or counterclaim.
In any proceeding brought by You against Us, whether pursued in court or arbitration, We shall not have the ability to seek reimbursement of our attorney’s fees from You. In the event that You prevail in any such proceeding, on the other hand, We agree to Pay You twice the amount of your reasonable attorney’s fees incurred in connection with those proceedings
An arbitration proceeding may be started by You or Us. The American Arbitration Association (AAA) will arbitrate all disputes, and its Supplementary Procedures for Consumer-Related Disputes will apply. Unless You and We agree otherwise, the arbitration will take place in the county of your billing address. Upon filing of the arbitration demand, We will pay all filing and arbitrator fees for claims that total less than $1500. For claims that total more than $1500, the payment of filing and arbitrator fees will be governed by the AAA Rules, except that We agree to pay any fees of the arbitrator for the first day of any hearing. Apart from the above, We agree to advance or reimburse filing fees and other fees if the arbitrator determines there is good reason for requiring us to do so or You ask Us and We determine there is good cause for doing so. During the arbitration, the amount of any settlement offer made by Us or You shall not be disclosed by the recipient of the offer to the arbitrator until after the arbitrator determines the amount, if any, to which You or we are entitled. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. For claims in regard to which You provided prior written notice and negotiated in good faith as required before initiating arbitration, if the arbitrator finds that You are the prevailing party in the arbitration and awards You monetary relief in an amount greater than what We had offered You to settle the dispute but less than $3000, We agree to pay You $3000 instead of the amount awarded to You. The arbitrator shall not have the right to award consequential or incidental damages to any party. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon.
CLASS ACTION WAIVER: YOU MAY NOT BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT NOR MAY YOU BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE A PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU EXPRESSLY, BY THIS ARBITRATION PROVISION, WAIVE THESE RIGHTS. THE ARBITRATOR WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS OR REPRESENTATIVE BASIS. THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
This arbitration provision shall survive termination of this Agreement and any termination of your Program membership. If unsuccessful in settling a dispute through direct discussions, either party may, notwithstanding any of the above, elect to endeavor first to settle the dispute by mediation by phone administered by the AAA before resorting to arbitration.
Use Of Membership
Your Program membership is non-transferable and is limited to You, your spouse, and dependent children. Membership is limited to one family per household. The Program reserves the right to cancel your membership at any time for fraud, abuse of member privileges or any other reason which in the reasonable discretion of the Administrator justifies such course of action. Please notify the Program promptly should there be any unauthorized use of your membership number. These Terms of Membership may be revised from time to time so You should periodically return to this website and review these Terms for any changes
YOU HAVE BY YOUR MEMBERSHIP IN THE PROGRAM AS WELL AS BY ANY USE OF ITS BENEFITS AGREED TO AND ACCEPTED ITS TERMS AND CONDITIONS OF MEMBERSHIP AS SET FORTH HEREIN.
IMPORTANT TRADEMARK NOTICE
Images and logos appearing within this website describing the Program are for illustrative purposes. The trademarks and service marks of parties other than those of Administrator appearing therein (including brand and product names and logos) are the registered marks and property of third parties. Such marks where exhibited are intended to refer specifically to the products and services of such parties that are indicated as being available for use and/or purchase by Program members. The appearance of such marks does not suggest or imply any sponsorship, affiliation or endorsement of the Program by the trademark or service mark owner.