Terms of Use



Effective Date: January 1st, 2012

Welcome to the www.marthasseniorgourmet.com website (the “Site”). Please read the following Terms of Use carefully before using this Site or registering for Martha’s Senior Gourmet membership account (“Membership”) so that you are aware of your legal rights and obligations with respect to Martha’s Senior Gourmet and its affiliates and subsidiaries (individually and collectively, “we,” “us,” or “Martha’s Senior Gourmet”).

The “Service” includes (a) the Site, (b) the services provided by the Site, (c) the Membership programs offered through the Site, (d) any emails and/or newsletters delivered to you in connection with the Membership program, and (e) all information, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, or other materials made available through the Site, Membership program or services (“Content”). Any new features added to or augmenting the Service are also subject to these Terms of Use.

BY USING THE SERVICE OR REGISTERING FOR A MEMBERSHIP, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF USE. IF YOU ARE YOUNGER THAN 18 YEARS OLD, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO REGISTER FOR A MEMBERSHIP AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS TERMS OF USE.

Martha’s Senior Gourmet has the right to revise this Terms of Use at any time without providing notice to its users. Your continued use of the Service, this Site, or your Membership, shall be deemed irrevocable acceptance of those revisions.  If you do not agree to (or cannot comply with) these Terms of Use, as amended, you must stop using the Site and Services and, if applicable, cancel your Membership.  You will be deemed to have accepted these Terms of Use, as amended, if you continue to use the Site or Services after any amendments are posted.  This license will terminate upon conditions set forth elsewhere within these Terms of Use or if you fail to comply with any term or condition of these Terms of Use. In such event, no notice shall be required by Martha’s Senior Gourmet to effect such termination.  The confidentiality provisions of these Terms of Use shall survive the termination of the Terms of Use and any termination of your Membership.

Martha’s Senior Gourmet reserves the right to change, modify, suspend or discontinue any portion of this Site or the Service at any time. Martha’s Senior Gourmet may also impose limits on certain features or restrict your access to parts or the entire Site or Service in its sole discretion and without notice or liability. 

Martha’s Senior Gourmet reserves the right to refuse to provide you access to the Site or Service or to allow you to register for a Membership for any reason.

Privacy

Your privacy is very important to us at Martha’s Senior Gourmet. To better protect your rights we have provided the Martha’s Senior Gourmet Privacy Policy to explain our privacy practices in detail.

Limited License

Martha’s Senior Gourmet grants you a limited license to access and use the Service and to participate in the offerings provided subject to the terms and conditions of this Terms of Use. This license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or Content). By using or accessing the Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service, the Site and its Content. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service, the Site or its Content.

As a member, you agree that the entire contents of the Service including, but not limited to, the Site, Alliance Partner identities, discounts, member pricing, offers, and other terms and provisions of Membership is, as between you and Martha’s Senior Gourmet, the confidential information of Martha’s Senior Gourmet (the “Confidential Information”).  You must hold Confidential Information in strict confidence and you agree that you will not disclose the Confidential Information to any third party.  Unless expressly authorized by us in writing, you must not forward, distribute or otherwise disclose any emails and/or newsletters (or the contents thereof) delivered to you in connection with the Membership program to any third party.  Title to Confidential Information remains with Martha’s Senior Gourmet and its Alliance Partners.  

You may not link to any portions of our Site from your website, without our prior written consent. You acknowledge that Martha’s Senior Gourmet may, in its sole discretion and at any time, discontinue providing any part of the Service without notice.

Membership and Security

Some functions of our Service, including registration for a Membership, require registration using your email address and password, and by providing certain personal information. You represent, covenant and agree that you will access the Services in connection with your Membership only from the country you identify as your residence when you establish your Membership.  You agree to provide Martha’s Senior Gourmet with accurate, complete, and updated Membership information. Failure to do so will constitute a breach of these Terms of Use, which may result in immediate termination of your Membership.

You agree to (i) keep your password confidential and use only your Membership login and password when logging in, (ii) ensure that you log out from your account at the end of each session on the Site, and (iii) immediately notify Martha’s Senior Gourmet (see “Contact Us”) of any unauthorized use of your Membership and/or password. You are fully responsible for all activities that occur under your email address and Membership even if such activities or uses were not committed by you. Martha’s Senior Gourmet will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.

You agree that Martha’s Senior Gourmet may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your Membership, and remove or discard from the Site any Content associated with your Membership. Grounds for such termination may include, but are not limited to, (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms of Use, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, or the business interests of Martha’s Senior Gourmet. Use of your Membership for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim against Martha’s Senior Gourmet, or a claim which in any way involves Martha’s Senior Gourmet, then Martha’s Senior Gourmet may terminate your Membership.

You agree that (i) Martha’s Senior Gourmet may publish the corporate names and/or other business affiliations you provide in our members list which list may be published on the Site or otherwise be made publicly available anywhere in the world and that (ii) Martha’s Senior Gourmet may use such corporate names and/or business affiliations for publicity or any other purposes without additional compensation. 

You may only use the Service and/or register for your Membership if your applicable jurisdiction allows you to accept this Terms of Use.

Agreement to Pay

By completing the Membership registration and checking the “I Agree to the Terms of Use” checkbox, you authorize Martha’s Senior Gourmet to charge applicable recurring membership fees to your billing payment method designated during the registration process on a pre-paid basis. Monthly memberships are billed on a 28-day cycle, which begins upon Membership registration and ends 28 days thereafter.  You acknowledge and agree that you will not receive a bill in the mail for your Membership.  You may change and/or update your billing information in the “My Profile” section of the Members Only area of the Site.

An early cancellation charge of $75.00 will apply to subscriptions terminated prior to the end of the first 28 days cycle. A $50.00 early cancellation charge will apply to termination during subsequent cycles. Customers completing their cycle will not incur cancellation fee.

The credit card billing system will create and authorization swipe on the day you placed your order. These funds may become unavailable in your bank account. Please consult with your bank regarding length of time and other conditions.

Unless you cancel (see “Cancellation” below) no later than three (3) days prior to the end of the then current Membership period, your membership will be renewed for the following 28 days and you authorize Martha’s Senior Gourmet to renew your membership, and bill you for the following 28 day period.

If we are unable to charge your billing payment method for any payment, Martha’s Senior Gourmet may: (i) immediately suspend or terminate your Membership, (ii) seek collection of the outstanding amount owed under your Membership plan and/or (iii) seek legal action against you for breach of these Terms of Use.  If we are only able to successfully charge your billing payment method after its due date, then we will issue you an entitlement for the period of time remaining in that month (i.e., the remainder of the 28-day cycle.).  You acknowledge and agree that Martha’s Senior Gourmet will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under these Terms of Use.

Cancellation

You can cancel your Membership by completing the “Contact Us” form in the Members Only area.  We will reasonably attempt to return a cancellation confirmation to you via email to your registered email address. You should retain this confirmation as a record of your cancellation. If you cancel your Membership, we will refund any remaining portion of your previously paid membership fees, provided you submitted a three (3) days advance notice. Provided that you cancel no later than five (5) days prior to the end of the current Membership billing period your cancellation will take effect at the end of the billing period during which you deliver notice to us of your intent to cancel. If you cancel your Membership at least five (5) days prior to the end of your billing period and are charged for the next month’s fee, please contact our billing customer service at (800) 621-8966 to have that charge refunded.

Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Martha’s Senior Gourmet OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, Martha’s Senior Gourmet DOES NOT WARRANT THAT THE SERVICE, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.  Martha’s Senior Gourmet DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT, OFFERS, DISCOUNTS OR PROMOTIONS DESCRIBED IN THIS SITE AND PROFFERED BY THE SERVICE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, OR RELIABILITY.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

IN NO EVENT SHALL Martha’s Senior Gourmet BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF Martha’s Senior Gourmet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO TERMINATE YOUR MEMBERSHIP AND DISCONTINUE ANY USE OF THE SERVICE.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Offers and Links to Third Party Websites

In an attempt to provide increased value to our visitors and as part of the services we offer through the Service, we choose various third party websites to link to, and in some cases frame within, the Site or otherwise make available through the Service.  We also participate in co-branding and other relationships to offer the Service and most importantly the discounts offered to users with Memberships which are redeemable at selected suppliers, vendors and other Alliance Partners.

Any third party links and offer descriptions are provided as a courtesy only, and the sites they link to and the offers described are not under the control of Martha’s Senior Gourmet in any manner whatsoever.  Therefore, Martha’s Senior Gourmet is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites or whether the third party will honor the offer as described on the Site or made available through the Service.  Martha’s Senior Gourmet is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Martha’s Senior Gourmet of any linked site and/or any of its content therein and/or any product or service offered by such third party. 

Further, you acknowledge and agree that any offers, discounts or other promotions made available through the Service are subject to change at any time and from time to time and such offers, discounts and promotions may not be honored by our suppliers, vendors and other Alliance Partners.  Additionally, we have endeavored to be as accurate as possible in describing and displaying the colors and other features of the products and offers made available through the Service; however, there is no warranty that the colors, product descriptions or other content of the Service is accurate, complete, reliable, current, or error-free. If a product or offer displayed through the Service is not as described, your sole remedy is with the manufacturer, vendor, or supplier of the good or service.

You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Service, you agree that Martha’s Senior Gourmet shall not be liable in any manner due to your use of, or inability to use, any third party links, offers, discounts, or promotions third party feeds, websites and software applications.  .

Terms of Use

The license for use of this Site is effective until terminated. This license will terminate as set forth within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by Martha’s Senior Gourmet to effect such termination.

Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to:

  • Using the Service to promote, conduct, or contribute to fraudulent, obscene, pornographic and/or illegal activities, including deceptive impersonation or activities involving the exploitation of children.
  • Using the Service to violate anyone’s privacy rights (e.g. distributing unwanted commercial solicitations), to infringe on intellectual property rights (including copyrights and trademark rights), to harass or defame others, to promote hatred towards any group of people, or otherwise to publish or disseminate views or opinions which are, in the opinion of Martha’s Senior Gourmet, obscene, offensive, or generally inappropriate.
  • Using the Service for commercial purposes or for the benefit of any third party or charging any person for the use of the Service.
  • Collecting any information or communication about the users of the Service by monitoring, interdicting or intercepting any process of or communication initiated by the Service or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing.
  • Attempting to hack the Service or any communication initiated by the Service or to defeat or overcome any encryption and/or other technical protection methods implemented by Martha’s Senior Gourmet with respect to the Service and/or data and/or content or programming transmitted, processed or stored by Martha’s Senior Gourmet or other users of the Service.
  • Disrupting, circumventing, or interfering with any part of the Service; forging or modifying any data processed or distributed by the Service; or using an automated process to cause greater demand on the Service than a single person could produce.
  • Altering, modifying, deleting, or otherwise interfering with or in any manner compromising any content, programming, advertising, services and/or features contained on or through the Service, including, without limitation, the Service’s advertising and/or content delivery and display functionality.

You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Martha’s Senior Gourmet, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. Martha’s Senior Gourmet does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that you may consider being offensive, indecent or objectionable. Under no circumstances will Martha’s Senior Gourmet be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.

You acknowledge that Martha’s Senior Gourmet may or may not pre-screen Content, but that Martha’s Senior Gourmet and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available on the Site. Without limiting the foregoing, Martha’s Senior Gourmet and its designees shall have the right to remove any Content that violates this Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Martha’s Senior Gourmet or submitted to Martha’s Senior Gourmet, including without limitation information in Martha’s Senior Gourmet Forums and in all other parts of the Site.

You acknowledge, consent and agree that Martha’s Senior Gourmet may access, preserve and disclose your Membership information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Martha’s Senior Gourmet, its users, its members and the public.

Your Representations and Warranties

You represent and warrant that:

  • you possess the legal right and ability to enter into this Terms of Use and to comply with its terms;
  • you will use this Service for lawful purposes only and in accordance with this Terms of Use and all applicable laws, regulations and policies; and
  • you will only use this Service on a computer on which such use is authorized by the computer’s owner.

Forums and Public Communication

By submitting Content for inclusion on the Service via any chat, blog, bulletin board or other functionality we may or may not offer in the future, you represent and warrant that you have all necessary permissions to grant the licenses below to Martha’s Senior Gourmet. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Service, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Martha’s Senior Gourmet and its successors a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you terminates once you or Martha’s Senior Gourmet removes your contributed Content from the Service. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

Any material, information or idea you post on or through the Service, or otherwise transmit to Martha’s Senior Gourmet by any means (each, a “Submission”), is not considered confidential by Martha’s Senior Gourmet and may be disseminated or used by Martha’s Senior Gourmet or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to Martha’s Senior Gourmet, you acknowledge and agree that Martha’s Senior Gourmet and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Martha’s Senior Gourmet and its successors a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you will continue for as long as Martha’s Senior Gourmet determines to use your Submission. This provision does not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Service.

Copyrights and Trademarks

Except as otherwise indicated, all Content, including that displayed on or within the Site and the compilation thereof, such as text, graphics, logos, images and software, is the intellectual property of Martha’s Senior Gourmet and its affiliates and licensors, and is protected by United States and international copyright laws. Martha’s Senior Gourmet and all related logos and other proprietary marks of Martha’s Senior Gourmet displayed on the Site and through the Service are trademarks of Martha’s Senior Gourmet.  The Martha’s Senior Gourmet trademarks and trade dress may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages Martha’s Senior Gourmet.  Unless expressly authorized by us in writing, you are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site or the Service for commercial or public purposes.  All rights are expressly reserved.

All third party trademarks, logos, photographs, images, advertising and other intellectual property contained on or within the Site are the property of the respective third parties, including the respective advertisers, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property.

Third Party Contributions to the Service

Each contributor to the Service of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Martha’s Senior Gourmet is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Martha’s Senior Gourmet responsible for any user’s actions or inactions, including things they post or otherwise make available through the Service.

Contact Us

If you believe a user on our Site is violating this Terms of Use or would like to contact us regarding these Terms of Use, please contact:

Martha’s Senior Gourmet

19401 S Vermont Ave., J101

Torrance, CA 90502

Phone: (310) 935-3877

Making Claims of Copyright Infringement

If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify our Copyright Agent.

A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit Martha's Gourmet, Inc. to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.

The Martha’s Senior Gourmet Copyright Agent can be reached by phone, fax or post as follows:

Copyright Agent

Martha’s Senior Gourmet

19401 S Vermont Ave, J100
Torrance, CA 90502

Phone: (310) 935-3877

The Copyright Agent will only respond to any claims involving alleged copyright infringement.

Indemnity

You agree to indemnify, defend and hold harmless Martha’s Senior Gourmet, and its subsidiaries, affiliates, managers, members, officers, parent companies agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Use or any policy or guidelines referenced herein, or (ii) use or misuse of this Service.

Severability

If any provision of this Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous

Martha’s Senior Gourmet reserves all rights not expressly granted herein Martha’s Senior Gourmet may modify this Terms of Use at any time by posting the revised Terms of Use on this Site. Your continued use of this Site shall constitute your acceptance of such revised Terms of Use. You may not assign any rights granted to you here under. Nothing in this Terms of Use shall constitute a partnership or joint venture between you and Martha’s Senior Gourmet. The failure of Martha’s Senior Gourmet at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed.  Any legal proceeding arising out or relating to this Terms of Use against or relating to Martha’s Senior Gourmet or any Indemnified Party under this Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Orange County, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Use and any agreements included or referred to in this Terms of Use constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

Under California Civil Code Section 1789.3, residents of California who have a Membership are entitled to the following specific consumer rights information: If you are unable to receive the information you are seeking, or resolve a complaint you may have regarding the services available through this Site, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210.