Discount Gun Mart Membership Policies

Transcription

1 Discount Gun Mart Membership Policies These Membership Policies provide the terms and conditions of Membership and/or Services and/or benefits offered by Discount Gun Mart Ranges ( DGM or DGM Service ). ALL PERSONS AGREEING TO THE DGM MEMBERSHIP AUTHORIZATION FORM ARE BOUND BY THESE MEMBERSHIP POLICIES AND PROCEDURES. EACH MEMBER IS ADVISED TO READ THESE CAREFULLY AND IF YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE CONTACT US AT: Memberservices@discountgunmart.com or by mail Member Service Department 1510 Morena Blvd Suite F San Diego, CA Agreement Between Discount Gun Mart Members & Discount Gun Mart 1. Description of DGM benefits and discounts offered. Each Member will be issued a copy of benefits and a detailed discount list for specified membership related services and other products & services offered by DGM at the time of enrollment. (a) A Member s benefits will vary depending upon the Member s specific membership level and the benefits offered within said level. Discounts and other benefits available to Members may not be combined with discounts from other DGM discount programs. (b) All benefits are subject to change, substitution, modification, or termination by DGM without notice and DGM makes no representations or warranties with respect to, and accepts no responsibility or liability for, out of date or inaccurate information in relation to said benefits. (c) Member discounts are based on the regular selling price of an item, not sale prices or quantity discounts. Member discounts are not cumulative or compounding to other price reductions. Member price is always the lowest possible price at the time of sale, either sale price or member price for their membership level. (d) Rewards offered with certain membership levels are not retroactive to sales prior to qualifying membership level and do not apply to refunds, cancelled orders (any reason), membership fees, government fees, DGM service fees, transfer fees, sales tax, labor or shipping charges. Sales do not do not qualify for rewards until 30 days after invoice is completed. Rewards are tabulated periodically and when the award certificate threshold is reached, a certificate coupon is awarded. Certificate may expire. (e) Membership benefits cease when benefit period ends. Benefits for membership levels with openended benefit periods that have their fee distributed over a certain period of time are not considered completed, valid transactions until such time as all fees are paid. Failure to pay fees as agreed will result in discontinuation of benefits. Membership fees paid are not refundable. 2. Membership Billing Information. The fees applied to each agreement correspond to the membership level selected by the Member at time of enrollment. Authorization of DGM Automatic Renewal Fee ( ARF ) will be automatically charged by way of Electronic Funds Transfer ( EFT ) from the Member s designated credit card account or other authorized billing source (e.g., debit card). (a) The Member, by signing the "Membership Authorization Form", authorize, acknowledge, and agree that the ARF shall be charged either monthly or once per year, depending on the type of membership

2 plan, on the anniversary of the member s enrollment date. Member is advised and agrees that the automatic charges will continue until such time as the Member cancels, if ever. Any Member who uses a debit card as the designated credit card account, or pays by check, acknowledges and agrees the Member, and not DGM, shall be solely responsible for any fees or penalties associated with NSF (insufficient funds), bounced checks or any other fees or charges, whether incurred by DGM or the Member. The Member hereby authorizes DGM to recover such fees, charges or penalties by way of EFT from the Member s designated credit card or other authorized billing account. If DGM is unable to recover such amount by way of the ARF, Member agrees to reimburse DGM upon demand. Unless Member cancels DGM membership with a minimum 30-day prior notice to the end of Member s thencurrent Membership Term, DGM will automatically renew Member s membership monthly or at the end of the then current Membership Term as authorized at the time of enrollment and bill the then current ARF to the Member s designated billing source. (b) The Membership Set Up Fee is paid as a one-time initiation fee at the time of enrollment of the Monthly Membership Options. The Set Up Fee is paid once and not again as long as the monthly dues do not become past due. Memberships are considered past due after more than 30 days from the first missed payment. DGM may impose late fees to reinstate a past due membership. If a Member decides to cancel membership and reenroll at a later date, the Member may be required to pay a new Set Up Fee. (c) Membership Freeze Policy. Under certain extreme hardship conditions, Member may request DGM to temporarily freeze their membership. Qualification and Notice Requirements: DGM will only freeze your membership if you are in good standing, you have all membership fees paid, you are current on your monthly dues, you provide at least ten days notice for a freeze request to allow DGM to process your request, and you qualify for one of the three categories below: (1) Medical Disability: You must provide DGM with verification from your physician stating your medical disability will prevent you from using DGM facilities. The minimum term for a medical freeze is three months and the maximum is six months. (2) Active Duty Military Transfer or Extended Volunteer Assignment: You must provide DGM with a copy of your transfer, deployment or extended volunteer assignment orders. There is no minimum or maximum for assignment freeze. If you request a specific freeze term less than six months, your membership and monthly Electronic Funds Transfer ("EFT") or credit card charge will automatically resume at the end of the specified time. If you request a specific freeze term greater than six months, or you do not specify a freeze term, you must contact DGM to reactivate. (3) Temporary Employment Transfer: You must provide DGM with verification from your employer, on company letterhead, that you are being temporarily transferred. The minimum term for a temporary employment transfer freeze is three months and the maximum freeze is six months. Dues During Freeze: Once DGM approves a membership freeze, no further dues will be collected during such freeze period and your right to use DGM ranges is frozen or suspended, so and DGM can deny your benefits associated with your membership during such freeze period. In the event

3 your membership is an Annual Payment type, the term of the annual membership shall be extended, without further dues, for the same period of the freeze. Except for military freezes greater than 6 months or unspecified, your membership will be reactivated and your ARF or credit card charge will automatically resume at the end of your freeze period. Freeze Request Decisions: If your request does not conform to this Membership Freeze Policy, you will be notified that your request has been denied and your membership shall remain active unless cancelled. 3. Membership Term. A Member shall be entitled to all of the benefits available to DGM Members for the ensuing 30-day period under a monthly plan, or twelve-month period under an annual plan, or for the Member s life term of the "Patriot" or "Lifetime Membership" plans. Commencing on the date of acceptance of the Member s enrollment for either Monthly Membership, "Annual Membership" or a "Lifetime Membership" thereafter. Discount Gun Mart reserves the right, at its sole discretion, to change the Policies and Procedures of this Agreement at any time, with or without notice to any Member, or to cancel this Agreement or the DGM Service. 4. Electronic Disclosure and Consent. Your submission of an electronic mail address on the Membership Authorization Form shall constitute your acceptance to receive any and all disclosures, notices and other communications including but not limited to any notice that may be legally required to be provided to you regarding this Agreement, in electronic form at the address provided. DGM will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided. At your request, DGM agrees to provide you with a printed copy of any amendments to this Agreement. You may request printed copies of required notices by sending such request to Members Services, Discount Gun Mart, 1510 Morena Blvd, San Diego, Ca (a) You have the right to withdraw consent, however in doing so, DGM reserves the right to terminate this Agreement and/or the DGM Services offered. To withdraw your consent, please contact DGM by sending such request to Members Services, Discount Gun Mart, 1510 Morena Blvd, San Diego, Ca (b) It is your responsibility to maintain accurate contact information in your DGM member profile and contact DGM immediately if your electronic or USPS mail address is changed and you are unwilling or unable to update the information online. You may contact the Member Services Department to advise of such changes at any DGM location or by way of electronic mail. 5. Member's Right to Cancel. Members have the right to cancel or terminate this Agreement and membership at Discount Gun Mart at any time. A Member may cancel this Agreement and any DGM membership associated with the Primary Member s name, or their auto-renewal, by visiting Discount Gun Mart, 1510 Morena Blvd, San Diego, Ca or by sending such request to Attn: Member Services Department, Discount Gun Mart, 1510 Morena Blvd, San Diego, Ca If Member cancels their membership before the end of a Membership Term for which Member has paid the Member Fees, the Member cannot receive a refund of such Fee nor any portion thereof. Due to the nature of the services provided by DGM (many of which are accessible immediately upon enrollment or membership) it is understood and acknowledged that refunds cannot be issued. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement or the DGM Service. If Member feels that they have been billed multiple times erroneously for membership fees for one membership term, Member

4 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 Members Services, Discount Gun Mart, 1510 Morena Blvd, San Diego, Ca or by way of electronic mail to 6. Release of Liability. DGM shall have no liability in regard to any services provided, or to be provided, by any non-affiliated third-party sponsor, affiliate or vendor. All vendors are independent contractors and not employees, partners or joint venture partners with DGM. DGM shall have no liability in regard to any said services, affiliates or vendors. Member understands and acknowledges that DGM 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. DGM Member Representation and Obligations. In return for the discounts and benefits available under the DGM Services, each Member acknowledges such Member s obligations to DGM as follows: (a) you have read and agree to the DGM Membership Policies (this document) and Range Rules and Restrictions carefully, and understand the provisions of the DGM Service and the billing method for the payment of Monthly EFT charges of Automatic Renewal Fee (b) you may cancel your membership as provided above 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 Annual 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 DGM Memberships are not assignable or transferrable without the express written consent of DGM and you will use your membership only for personal, noncommercial use or for the benefit of your additional family if specifically allowed under the member s respective membership level. For purposes of this Agreement, Additional Family shall be limited to the Primary Member and his or her spouse or domestic partner and children residing at the same address. Official document or proof of residency may be requested upon DGM s sole discretion. (e) DGM 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 continue to do so at all times through the duration of your membership term that you are not a prohibited person under State or Federal law, including but not limited to a convicted felon, you have not been adjudicated as mentally unstable, and are not a danger to yourself or others, are not under a restraining order for any form of violence, have not been convicted of a prohibiting misdemeanor crime listed in CA PC section 29805, have not been convicted of a misdemeanor crime of domestic violence, are not an unlawful user of marijuana under Federal law or addicted to marijuana or any depressant, stimulant, narcotic or any other controlled substance, you have not renounced your citizenship, you are not an illegal alien, and that you are not a fugitive from justice. You hereby affirm that you will immediately inform DGM if your answer to these representations change in any way, for any amount of time. 8. Equal Opportunity Policy Statement. DGM seeks, enrolls and maintains memberships no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, or primary language subject to all State and Federal Laws. It is further DGM policy that no circumstance or conduct undertaken by DGM Staff shall have the effect of discrimination on the basis of any of the aforementioned classifications. All DGM

5 Members shall have equal access to the range facilities and offers included within each membership level. All members with disabilities shall be entitled to reasonable accommodations for their physical and mental impairments. Any member who believes that he/she is or has been treated unfairly on any of the aforementioned matters should first report to DGM management. 9. Governing Law; Arbitration. This Agreement, and the respective rights and obligations of the aforementioned parties, shall be governed by, and construed in accordance with, the laws of the State of California. Any disputes arising under or relating to this Agreement or a Member s, Additional Family Member s, or their respective legal representatives, claims against DGM or its owners, officers, directors, employees, agents, and affiliates, shall be decided by arbitration under the Consumer Arbitration Rules of the of the American Arbitration Association then in effect. Any arbitration proceeding shall be conducted in San Diego, California. 10. Warranties. DGM offers some products with manufacturers warranties and all products are subject to the DISCOUNT GUN MART Sales, Warranty and Layaway Policy. As a service to the original purchaser, on new products sold, DGM acts as the purchaser s agent with the manufacturer at no charge, including shipping charges for the first year from date of sale. Details are provided in the DISCOUNT GUN MART Sales, Warranty and Layaway Policy. The "Patriot Membership" or "Lifetime Membership" Warranty policy: As an exclusive benefit for the members who have purchased a "Patriot Membership" or "Lifetime Membership" On all products purchased new by the member from DGM, DGM will extend the service that is normally provided for one year to extend to the full length of the manufacturer s warranty. For all products, DGM will act as the member s agent with the manufacturer for the length of the manufacturer s warranty, including manufacturer s lifetime warranty. This service is not provided for FFL transfer items. 11. General Release. Each Member, for himself/herself, and on behalf of any person who uses the benefits available through DGM including Additional Family Member, hereby forever releases, acquits and discharges DGM, its owners, officers, directors, employees, agents, and affiliates, from any and all liabilities, claims, demands, actions and causes of action that such Member, Additional Family Member, or their respective legal representative(s), may have now or arising in the future, including, without limitation, 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 DGM Service. Each Member for his or her self, for any Additional Family Members, and their respective legal representatives, hereby waives any and all rights which may exist under California Civil Code section 1542, any similar state or federal law, and/or any similar law that may be applicable. California Civil Code section 1542 provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Minors requesting to use the range are only allowed to do so with a parent or adult legal guardian, or accompanied by an adult and with a liability waiver signed by their parent or adult legal guardian at a DGM range counter at time of usage of range. Each member agrees to sign the Periodic Safety Waiver biennially or upon request of DGM. 12. Member Conduct Requirements. While at Discount Gun Mart Ranges, DGM does not permit and will not tolerate any inappropriate conduct. Such conduct includes, without limitation, (a) Using loud, abusive, offensive, insulting, demeaning language, profanity, lewd conduct or any conduct that harasses or is bothersome to members, guests, customers or DGM employees. Please see DGM Range Rules for reference.

6 (b) DGM does not permit private or commercial training or instruction for compensation on any DGM range, except when DGM has specifically approved the same in writing. Training or instruction may be determined and subject to interpretation in the sole discretion of DGM Management. 13. Entire Agreement. The foregoing Membership "Policies and Procedures" contain the entire terms and agreements in connection with Member s participation in the DGM Service and no representations, inducements, promises or agreements, or otherwise, between DGM 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. 14. Binding Consequence. The foregoing Membership Policies and Procedures shall be contractual upon and inure to the benefit of DGM and the Member as well as their respective successors and permitted assigns.