The Wealth and Health Club Membership Agreement

REV 03 17 2023

PLEASE READ CAREFULLY. By enrolling in this Program, you agree to the following terms and conditions that govern the Wealth and Health Club membership program.

 

The Wealth and Health Club membership program (the "Program") is a loyalty program for eligible individuals ("Participants" or, individually, the "Participant") starting on the date the member accepts the terms of the Program.

The Program incorporates independent organizations, including insurance companies, financial service providers, governmental and state organizations, and nonprofit organizations, that provide products and services to the members. This group of companies as a whole is referred to as "Sponsors."

The Wealth and Health Club is identified as a benefits and program coordinator and The Administrator.

 

  1. Eligibility and Registration
  2.   The Program is only open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at entry. Corporations or other entities or organizations are not eligible for the Program. The Program is void where prohibited.
  3.   Participants are not required to be sponsors' clients when starting to receive a product or service. Once they start receiving a product or service from any of the sponsors, the rules and regulations that apply are those in force by the Sponsor.

 

  1. Duration, Modification, and Termination of the Program
  2. The Program's Terms and Conditions may change at any time as The Administrator, and the Sponsor reserves the right to suspend, modify or cancel the Program, at its discretion, with or without notice. Termination, modification, or suspension may affect a Participant's ability to redeem accumulated rewards earned.
  3. No refunds (cash or Rewards Points) will be provided on any Rewards item. If for any reason, a Rewards item is received damaged, becomes unavailable, or cannot be fulfilled, the Sponsor, in its sole discretion, will replace the Rewards item with one of equal or more excellent value. A participant is responsible for escalating issues regarding defects directly to the brand or manufacturer. Neither the Sponsor nor the Administrator is liable for damaged goods.
  4. C. Taxes
  5.  Participants are responsible for the payment of all taxes which may result from participation in the Program.
  6.  Participants may be required to complete tax documents, including an IRS W-9 or equivalent, if they receive prizes valued at $600 or more.
  7. General Terms and Conditions
  8.  Both the Administrator and the Sponsors reserve the right to suspend or discontinue the eligibility of any Participant whose account shows signs of fraud, gaming, cheating, abuse, or other suspicious activity or if Participant uses or is suspected of using the Program in a manner inconsistent with these Terms and Conditions or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of Program eligibility, Sponsor shall have the right to take appropriate administrative and legal action against such persons.
  9.   Any attempt by a person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and should such an attempt be made, Sponsor may seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any of these Terms and Conditions shall not constitute a waiver of this or any other provision.
  10.  All questions or disputes regarding eligibility for the Program, the availability of Rewards, or a Participant's compliance with these Terms and Conditions will be resolved by Sponsor at its sole discretion. Participants agree that all decisions made by Sponsor or its designated agents regarding the Program, Rewards, or Participant's eligibility are final.
  11.   Sponsor and Administrator are not responsible for any incorrect information supplied by Participants for the Program.
  12.  The Program is subject to all applicable laws and regulations.
  13. Limitation of Liability
  14.  Sponsor, Administrator, and their respective parent companies, affiliates, subsidiaries, and promotional and advertising agencies are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft, or destruction or unauthorized access to or alteration of Program materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet.
  15.  By participating in the Program, each Participant accepts all responsibility for and, as a result of this, releases and agrees to indemnify and hold harmless the Sponsor, Administrator, and their respective parent companies, subsidiaries, affiliates, agents, promotion and advertising agencies, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages or expenses that may arise from actions taken by such Participant or Participant's participation in the Program, or for any harm or injury caused by any third party.
  16.  UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE SPONSOR, ADMINISTRATOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, FRANCHISEES, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF PARTICIPATION IN THE PROGRAM OR ANY PURCHASED OR REDEEMED ITEM, EVEN IF ANY OR ALL OF THE PRECEDING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. SUPPOSE THE SPONSOR OR ADMINISTRATOR IMPROPERLY DENIES A PARTICIPANT ANY REDEEMED ITEM. IN THAT CASE, LIABILITY WILL BE LIMITED TO THE EQUIVALENT FAIR MARKET VALUE OF THE ITEM. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION, OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
  17.  TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE SPONSOR AND ADMINISTRATOR SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES SOLD THROUGH THE PROGRAM. Those include any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from dealing or performance. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
  18.  As a condition of participating in the Program, Participant agrees that, except where prohibited, any disputes, claims, and causes of action arising out of, or connected with, the Program or any item purchased therein shall be resolved exclusively by the appropriate court located in Texas.
  19.  If any provision of these Terms and Conditions is invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
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