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Terms and Conditions
This Agreement made between Membership Services Corporation ("MSC"), a
Pennsylvania corporation with an office at One Bethlehem Plaza, Bethlehem, PA
18018, and the person and company using or distributing a prescription drug discount card ("membership")
card and their employees or transferees or the person using the membership
benefits, whether or not holding a membership card (hereinafter referred to
both individually and collectively as "Members").
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MSC is an information service only. The service which MSC shall provide to the
Members during the term of the membership shall include access to the products,
services, and benefits detailed in the membership benefit materials, and in
such other membership materials and correspondence delivered to Members by MSC
from time to time. The membership cards issued to Members are the property of
MSC and shall be returned to MSC promptly upon request. Members may cancel
their membership by returning their membership cards to MMembership Services Corporation, PO Box 1980, Bethlehem, PA 18016, Attention: Membership Services Dept. If
Members cancel their membership before the end of membership term, Members will
receive a refund of any fee paid directly by the Members to MSC for the
remaining portion of the membership term, calculated on a pro rata basis, upon
Members' written request and return of all membership materials to MSC.
Cancellation will not become effective until all membership cards and materials
are received by MSC. Members shall remain liable for any other fees or charges
to be paid pursuant to this Agreement. FAILURE OF MEMBERS TO CANCEL THEIR
MEMBERSHIP OR THEIR USE OF THE MEMBERSHIP CARD OR ANY OF THE BENEFITS,
PRODUCTS, SERVICES, OR MATERIALS OFFERED BY OR THROUGH MSC BY MEMBERS WILL
CONSTITUTE MEMBERS' ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF
MEMBERSHIP.
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Neither this Agreement, nor any of the rights or obligations of Members
hereunder, may be assigned, in whole or in part. Individual Members agree that
they will use the membership only for their own benefit and for their spouse
and dependent children residing in their household. Members shall be
responsible for all use of their membership number and shall notify MSC
immediately of any unauthorized use of their membership number, or theft or
loss of the membership number or card.
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MSC SHALL HAVE NO LIABILITY TO ANY MEMBER AS A SELLER OF ANY PRODUCT OR
SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVE
PRODUCTS OR SERVICES. MSC MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO
DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE,
PRODUCTIVENESS, OR ANY OTHER MATTER, FOR ANY PRODUCTS OR SERVICES PURCHASED OR
USED BY MEMBERS THROUGH THEIR MEMBERSHIP. MEMBERS ACKNOWLEDGE THAT THEY HAVE
READ ALL OF THE TERMS OF MEMBERSHIP AND ARE NOT RELYING ON MSC'S SKILL OR
JUDGMENT IN SELECTING THE PRODUCTS AND SERVICES AVAILABLE TO MEMBERS AND THAT
MSC SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES. IT IS THE RESPONSIBILITY OF THE PERSON AND/OR COMPANY ON
THE MEMBERSHIP APPLICATION OR OTHERWISE ACQUIRING MEMBERSHIP BENEFITS TO ENSURE
THAT ALL EMPLOYEES ARE AWARE OF THESE TERMS OF MEMBERSHIP. MSC'S LIABILITY TO
ANY MEMBER SHALL IN NO EVENT EXCEED THE AMOUNT OF THE MEMBERSHIP FEE PAID BY OR
ON BEHALF OF THAT MEMBER INDIVIDUALLY. MSC SHALL HAVE NO LIABILITY FOR ANY
DELAY IN DELIVERY FOR ANY CAUSE BEYOND MSC'S CONTROL, INCLUDING DELAY DUE TO
UNION DISPUTES OR FACTORY PRODUCTION SCHEDULES. MSC SHALL NOT BE RESPONSIBLE
FOR ANY ERRORS OR OMISSIONS, INCLUDING INFORMATION IN THE BENEFIT MATERIALS AND
COMMUNICATIONS, PRICE CHANGES OR OUT-OF-STOCK PRODUCTS OR SERVICE AVAILABILITY.
ALL BENEFITS, DISCOUNTS, PRICES, ACCESS TELEPHONE NUMBERS, AND PROCEDURES ARE
SUBJECT TO CHANGE WITHOUT NOTICE. MSC ASSUMES NO RESPONSIBILITY FOR THE PAYMENT
OR CONTRIBUTION OF ANY USE OR SALES TAX ON THE PRODUCTS OR SERVICES WHICH MAY
BE IMPOSED BY ANY STATE OR FEDERAL TAXING AUTHORITY AND SUCH TAXES, TO THE
EXTENT IMPOSED, SHALL REMAIN THE SOLE RESPONSIBILITY OF THE MEMBERS OR THE
DIRECT PROVIDER OF THE PRODUCTS AND SERVICES, AS THE CASE MAY BE.
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Any notices from Members to MSC must be in writing and shall be deemed to have
been given when actually delivered to MSC. Any notice from MSC to Members shall
be deemed to have been given when delivered to the address the Members have
given to MSC. Members shall notify MSC of any changes in their address. If the
Member is a retail purchaser or other transferee of a limited term (for
example, 90 days) membership, instructions for contacting MSC by telephone are
provided with the membership materials.
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This Agreement shall be governed by and enforceable in accordance with the laws
of the Commonwealth of Pennsylvania or the state of incorporation of a supplier
of goods, services or benefits, at the option of MSC. Member agrees that
service of process may be made by certified mail, postage prepaid, to Member.
Member agrees that, in the event of any dispute, Member shall be responsible
for reasonable attorney's fees and court costs incurred by MSC.
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