(Last updated September 8, 2021)
These Membership Terms & Conditions (these “Program Terms”) govern The Town Club of Easton membership program (the “Program”) administered by Easton Management (“Easton” or “us”). By becoming a member of the Program and receiving and claiming the benefits associated with the Program (as defined below), you (“you” or “Member”) agree that you have:
1. PROGRAM MEMBERSHIP
1.1. The Program. The Program is a membership-based program through which the Member is able to receive benefits and discounts at Easton in Columbus, Ohio. Membership in the Program does not entitle the Member to any specific goods, services, or other items of value unless otherwise specified. Membership in the Program cannot be redeemed for cash or other consideration, is non-transferrable and is, at all times, subject to these Program Terms.
1.2. Eligibility. Membership in the Program is available to any individual who: (a) possesses the legal authority to agree to these Program Terms; (b) resides in a jurisdiction that legally permits participation in the Program; and (c) has not previously been terminated from the Program. You represent that you meet the eligibility requirements in this section. You affirm that you are over the age of 18, as the Program is not intended for minors.
1.3. Enrollment. An individual may apply to enroll in the Program by fully and accurately completing the Membership Application on the Easton website (www.eastontowncenter.com) or in person at Easton Guest Services. Once payment for the annual membership is received by Easton, an applicant will be enrolled in the Program as a member. Easton may deny membership in the Program to any applicant who in Easton’s sole discretion does not satisfy the criteria for eligibility and enrollment in the Program.
1.5. Membership Fees. The annual membership fee of $495 is due via credit card prior to utilizing the membership benefits. Cash and checks are not accepted. The annual fee is not refundable, except as otherwise provided in these Program Terms. The Member cannot cancel the membership prior to the Member’s Membership Account expiration date.
1.6. Length of Membership. The Membership Account is valid for one calendar year (12 months) from the date payment is received. The Membership Account expiration date is printed on the Town Club of Easton membership card.
1.7. Renewal. The Membership Account can be renewed after the first calendar year by visiting Easton Guest Services and paying the appropriate membership fee. Membership in the Program does not automatically renew.
2. PROGRAM BENEFITS
2.1. Benefits of Membership.
A current list of the Town Club of Easton benefits, including any limitations and exclusions, may be found at https://eastontowncenter.com/the-town-club-of-easton-membership-benefits/ or obtained from Easton Guest Services. Easton may add, remove, or otherwise modify benefits at any time with or without notice to you. Although we do generally intend to notify members of changes to the benefits, it is your responsibility to periodically review the current list of benefits.
2.2. Redeeming Membership Benefits.
The Town Club of Easton membership card must be presented by the Member to utilize the Program benefits. Benefits usage may be tracked by us.
3. TERMINATION OF MEMBERSHIP
3.1. Termination of Membership.
In the event your Membership Account is terminated by us, you will forfeit all benefits. If we terminate your Membership Account, you may not re-enroll or join a new Membership Account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Program, your Membership Account will be terminated immediately, and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your internet service provider of any fraudulent activity we associate with you. We reserve the right to monitor the Membership Accounts of all members, at any time and without notice, for compliance with these Program Terms.
3.2 Voluntary Cancellation. Should you choose to cancel your membership in the Program prior to the expiration date of your membership, you will not receive any refund of your membership fee.
4.1. Modification of the Program and these Program Terms. Easton may discontinue or change the Program and the Program Terms at any time, for any reason and without notice. Easton may make changes that affect, without limitation, enrollment and membership administration processes and The Town Club of Easton (including the availability and rules for redeeming benefits). Notwithstanding the foregoing, if we make changes that materially affect the availability of the Program generally (as opposed to the availability of one or more specific benefits), then we will notify you of such modification and the effective date by sending you an email to the email address that is registered with your Membership Account.
4.2. Termination of the Program. Easton may terminate the Program in whole or in part with 30 days’ advance notice to all members. If the Program is terminated, all unredeemed benefits will be forfeited without any obligation or liability on the part of Easton. However, Easton will refund to the Member a prorated portion of the membership fee paid by the Member attributable to the Member’s membership period remaining after the date of termination.
4.3. Disclaimer of warranties. You expressly agree that membership in the Program is at your sole risk. Neither Easton, nor its affiliates, members, shareholders partners, nor any of their respective officers, directors, employees, agents, merchants, third-party content providers or licensors make any warranty as to (a) the results that may be obtained from participation in the Program, (b) the accuracy, completeness, reliability or content of any information (including, but not limited to, descriptions of membership benefits), services or products provided through the Program. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY OF DATA, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR FROM USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS SECTION AND THE FOLLOWING SECTION MAY NOT APPLY TO YOU.
4.4. Limitation of liability. In no event shall Easton, its affiliates, members, shareholders partners, nor any of their respective officers, directors, employees, agents, merchants, third-party content providers or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your membership in the Program, the membership benefits or other products or services accessible or available through the Program or these Program Terms.
4.5. Membership Communications.
4.6. Taxes. Membership rewards may be subject to sales or other taxes. You are solely responsible for paying all such taxes and for making all applicable disclosures to third parties. Easton will not be liable for any tax liability, duty or other charges in connection with Program benefits.
4.7. Not Responsible for Acts, Errors, or Omissions. Easton is not responsible for any of the following: (a) any loss or misdirection of, or delay in receiving, any Member Application, or correspondence (b) theft or unauthorized redemption of Easton benefits; (c) any acts or omissions of third parties or (d) any errors published in relation to the Program, including, without limitation, the terms of any membership benefit communicated to the Member or the general public. Easton reserves the right to correct, without notice, any errors.
4.8. Interpretation of Program Terms. All interpretations of these Program Terms will be at Easton’s sole discretion, and Easton’s decisions will be final.
4.9. Waiver. Easton’s waiver of any breach of these Program Terms by the member or any other member will not constitute a waiver of any other prior or subsequent breach of these Program Terms. Easton’s failure to insist upon strict compliance with these Program Terms by the Member or any other member will not be deemed a waiver of any rights or remedies that Easton may have against the Member or any other member. Easton may waive compliance with these Program Terms in its sole discretion and may run promotions from time to time that provide enhanced benefits to select members.
4.10. Governing Law – Ohio. The Program and these Program Terms shall be governed by and construed in accordance with the laws of the State of Ohio, excluding its conflict of laws principles.
4.11. Jurisdiction. By accepting these Program Terms, you agree that any action at law or inequity arising out of or relating to these Program Terms or the Program shall be filed only in the state or federal courts in and for the County of Franklin and State of Ohio, and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
4.12. Waiver of Punitive Damage Claims and Class Actions. You and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
4.13. Subject to Law. Membership in the Program and redeeming of benefits are subject to all applicable local laws. Membership in the Program or claiming of membership benefits may not be available if prohibited or restricted by applicable law or regulation in the United States, the State of Ohio or the Member’s state or country of residence. If any part of these Program Terms is held to be unlawful or unenforceable, that part will be deemed deleted from these Program Terms in such jurisdiction and the remaining provisions will remain in force, subject to Sections 4.1 and 4.2.
4.14. Entire Agreement. These Program Terms, together with those other terms incorporated or referred to herein, constitute the entire agreement between Easton and you relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except via Easton Guest Services.
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