This Membership Agreement (“Agreement”) is entered into by and between fitness123today.com, a service offered by Pacific Empire Financial Group LLC and/or its subsidiaries and affiliates (“fitness123today.com”) and members of fitness123today.com program (“Members”). All Members subscribing to the fitness123today.com program (“Program”) should read the terms of this Agreement carefully
The fitness123today.com prescription program is NOT health insurance or a health insurance policy. It is a discount medical plan. The free program provides discounts only at certain health care providers for healthcare services. Member is obligated to pay for all healthcare services but will receive a discount from those health care providers who have contracted with fitness123today.com. fitness123today.com does not make payments to providers for medical services. Equal or lower prices may be available through individual negotiations.
The fitness123today.com program is NOT health insurance or a health insurance policy. The program provides savings o for health, wellness, and lifestyle services. The member is obligated to pay for all services but will receive savings from those providers or vendors who have contracted with fitness123today.com. fitness123today.com does not make payments to providers or vendors for services on behalf its members. Equal or lower prices may be available through individual negotiations.
Description of Program Features
Each Member is entitled to receive savings on specified services and receive other services (collectively, “Services”) when using a participating provider or vendor (“Provider”). Members are entitled to receive certain services from providers at predetermined amounts and certain other services for a percentage savings off the provider’s normal retail prices for such products and services. Other terms and conditions regarding services, the services eligible for savings, and the reduced prices for the services included are subject to change, modification, or substitution by fitness123today.com at any time without notice to the member. Prices for products and services vary by vendor and region. To receive savings for products or services, the member must validate his / her active membership status with fitness123today.com to the provider or vendor before products or services are rendered. Members must pay the provider or vendor directly at the time of service unless otherwise agreed upon between the provider and the member. If prompt payment to the provider is not made or arrangements for payment are not made, the provider may rescind the reduced price.
For membership offered on an automatic recurring payment schedule or subscription basis, the following terms apply, unless fitness123today.com notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
Payments will be billed to you in U.S. Dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
You must pay with one of the following:
- – A valid credit card acceptable to fitness123today.com; or
- – A valid debit card acceptable to fitness123today.com; or
- – A Crypto Currency approved by fitness123today.com; or
- – Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- – By another payment option fitness123today.com provides to you in writing.
You authorize charges above referenced credit card account, debit card account, crypto currency wallet, or selected bank account automatically and apply said charge toward the payment of the charges you owe. You understand that you will remain responsible for recurring charges and additional late fees should my credit card be canceled or otherwise made unavailable for payment. You further understand that You will remain responsible for recurring charges, additional late fees and other applicable charges if the withdrawal to the bank account I have listed above is denied for insufficient funds or the account otherwise becomes unavailable.
In the event you have selected to have automatic payments made from a bank account, you hereby authorize the initiation of automatic withdrawals via electronic fund transfer entries (“Entries”) by means of the Automated Clearing House (“ACH”). You understand and agree to abide by the Operating Rules of the National Automated Clearing House Association (“NACHA”) in existence as of the date of this Agreement and as amended from time to time (the “Rules”) which govern all such transactions. You acknowledge that no entries may be made that violate the rules or the laws of the United States. You agree to indemnify the Originating Depository Institution (“ODFI”) and any third-party service providers involved in processing Entries made hereunder against all claim, demand, loss, liability, or expense including attorney’s fees and costs that result directly or indirectly from your 1) failure to follow the rules or 2) violations of law.
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the programs and services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your membership, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain from such programs and program service providers.
fitness123today.com will automatically renew your monthly or annual membership at the current rates, unless the membership is cancelled or terminated under this agreement.
Additional cancellation or renewal terms may be provided to you on the website for the membership, programs, and services.
If a member is not satisfied with the program and wishes to terminate his/her membership, the member may cancel the membership for any reason and at any time during the membership period by notifying fitness123today.com in writing, sending an email to email@example.com, or calling our member services department.
Use with your Mobile Device(s)
The use of these programs and services may be available through a compatible mobile device, may require Internet access and/or additional software or applications. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and tele communications provider.
FITNESS123TODAY.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
- (i) AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
- (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Any complaint regarding membership should be directed to our member services department at the toll-free number provided on our website or in writing to the address shown in this agreement. Each complaint will be acknowledged in writing within 5 business days of its receipt.
After fitness123today.com has investigated the complaint, the member will receive a letter disclosing the results of that investigation no later than 30 calendar days after fitness123today.com receipt of the complaint.
Membership Representations and Acknowledgments
In return for the programs, savings, price reductions, and services available under the program, the member makes the following representations and acknowledgments:
- (a) The member has read this agreement carefully, understands the program, including an understanding and acknowledgment that the program is NOT INSURANCE.
- (b) The member may cancel his/her program membership at any time.
- (c) The membership in the program and or the member’s rights or duties under this agreement may not be assigned or delegated without the prior express written consent of fitness123today.com. The member agrees that he/she will use his/her membership only for his/her personal benefit or for the benefit of his/her dependents. Dependents defined as a spouse or registered domestic partner, children up to the age of 25, parents in the household over the age of 60.
- (d) The member is responsible for paying providers and/or vendors for products and services rendered at time of service unless otherwise agreed upon by the member and the provider or vendor.
- (e) The providers and vendors are entirely independent of fitness123today.com and Pacific Empire Financial Group LLC and its affiliates. fitness123today.com, Pacific Empire Financial Group LLC, its affiliates and its contracted networks do not guarantee the quality of services or products offered by individual providers and vendors and are not responsible for the provision of or the failure to provide products and serviced by any provider or vendor. fitness123today.com does not practice medicine or in any manner interfere with or participate in the provider-patient relationship. All health-related decisions are between the patient and provider or vendor. The selection of a provider or vendor is the obligation and decision of the member and is not based upon the credentialing or any recommendation by fitness123today.com, Pacific Empire Financial Group LLC, its affiliates or its contracted networks.
- (f) fitness123today.com does not warrant, represent or guarantee that there is or will be a provider or vendor in his area available or willing to provide any of the products and services to the member. Neither fitness123today.com, Pacific Empire Financial Group LLC, their affiliates, nor any network accessed shall be liable for any payment to a provider or vendor accessed under the program. Neither fitness123today.com, Pacific Empire Financial Group LLC, their affiliates, nor any network accessed is an insurer, guarantor or underwriter of the responsibility or liability of the member for member’s or member’s dependents’ medical care or any other goods or services provided to member or member’s dependents.
- (g) The program is NOT insurance and it may not reduce deductibles, co-payments or other out-of-pocket expenses for services that are covered by insurance. Additionally, the program may not be used to coordinate coverage with Medicare or other government assistance programs.
Disclaimer of Warranties
fitness123today.com is not a merchant, manufacturer, or a provider of the services. FITNESS123TODAY.COM DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER, FOR ANY SERVICES, PRODUCT, OR MERCHANDISE PURCHASED OR RECEIVED BY A MEMBER FROM A PROVIDER OR VENDOR THROUGH HIS/HER MEMBERSHIP IN THE PROGRAM. THE MEMBER ACKNOWLEDGES THAT HE/SHE IS NOT RELYING ON FITNESS123TODAY.COM SKILL OR JUDGMENT IN SELECTING A PROVIDER OR VENDOR FOR THE SERVICES AVAILABLE TO MEMBERS.
In the event any product or service purchased or received by a member is canceled, modified, defective, or otherwise unsatisfactory to the member, the member will look solely to the provider, vendor, seller, merchant, or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim. Member understands and agrees that any service included in the program is subject to availability and may be changed, terminated, or removed from the program at any time without notice to the member.
Each member, for himself / herself, and on behalf of any dependent who uses the programs and services under the program membership (”Membership Participant”), hereby forever releases, acquits and discharges each of fitness123today.com, Pacific Empire Financial Group LLC and their employees, officers, directors, agents and affiliates from any and all liabilities, claims, demands, actions, and causes of action that such member, membership participant or member’s legal representative(s) may have by reason of any damage or personal injury sustained as a result of or during the course of the use of any service. The sole recourse available to a member, membership participant or member’s legal representative(s) against fitness123today.com, Pacific Empire Financial Group LLC, and their employees, officers, directors, agents, and affiliates will be cancellation of the program membership as provided in Cancellation Paragraph of this Agreement.
Any notice, consent, approval, complaint, request or other written communication given or required under this agreement must be sent by first class mail, postage prepaid, or by an overnight delivery service such as FedEx or United Parcel Service, and, if from fitness123today.com, addressed to the member, at the address shown in fitness123today.com member records, or, if from the member, to fitness123today.com at:
Pacific Empire Financial Group LLC
222 N Mountain Avenue
Upland CA 91786
This agreement sets forth the entire agreement and understanding between the parties regarding member’s membership in the program and constitutes a final complete and exclusive statement of the terms of the agreement between the parties with respect to member’s membership in the program. Any other representation, inducement, promise or agreement shall be of no force or effect.
Validity; Binding Effect
The validity or unenforceability of any term of this agreement will in no way affect the validity or enforceability of any other term of this Agreement. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
This agreement will be governed and construed in accordance with the laws of the State of New Jersey, except as required otherwise by applicable law. Any controversy or claim arising out of or relating to this membership agreement shall be settled by voluntary arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Waiver of Breach
A waiver by fitness123today.com of a breach of any provision of this agreement will not be deemed a waiver by fitness123today.com of any other breach of the same or different provision.
Use of Your Information
fitness123today.com and all affiliated companies have the right to maintain and manage all fitness123today.com member emails for communication purposes regarding but not limited to any changes, additions, or opportunities to the fitness123today.com membership program. fitness123today.com will not sell nor share your email to non-affiliated companies.