Introduction
Welcome to The Member Savings Program. This site is provided by Member Savings Program Inc. DBA THE BUYING GROUP (referred to throughout this site as "MSP") as a service to our customers. Please review the following basic rules that govern your use of the site. (the "Agreement"). Please note that your use of the site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. We reserve the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Site
General
Member Savings Program Inc., a Florida corporation, offers members the opportunity to purchase products and services at prefered pricing.
This agreement authorizes The MSP and their suppliers to communicate with members via mail,email,fax or telephone. This communication will be limited to specific MSP information and at no time will MSP sell member data to other organizations.
Member shall hold harmless and indemnify MSP against any and all claims, costs, expenses, damages and liabilities, including attorneys' fees, arising out of or in connection with the acquisition of products or services. All sales and transactions are processed and fulfilled by the merchants that are featured on this site. Merchants provide customer service, shipping, warranties, returns, accept payment and all other matters relating to your purchace.This site and its owners are not responsible for the accuracy or content of any featured merchant and does not process any transactions. Please contact the merchant directly should issues arise.
In no event shall either party be liable for the debts or obligations of the other. Member acknowledges and agrees that the Supplier Programs may be modified or terminated at The MSP's sole discretion, without prior notice. Product pricing and payment terms will be based on The MSP supplier's representations.
This agreement may be terminated at any time and shall be construed in accordance with and governed by the laws of the State of Florida.
Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. The MSP does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of THE MSP or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. THE MSP is a trademark of Member Savings Program Inc..
PHARMACY AND MEDICAL CONTENT: All content, including, but not limited to, drug and interaction information, provided in the Pharmacy area, or any other part, of this Site is for educational purposes only. Such content is intended to supplement, not substitute for, the diagnosis, treatment and advice of a medical professional. Such content does not cover all possible uses, precautions, side effects and interactions, and should not be construed to indicate that any drug is safe for you. Consult your medical professional for guidance before using any prescription or over the counter drugs. Proper treatment of any condition depends on a variety of personal health factors, and can best be assessed by a health care provider. In addition, before administering any prescription or over-the-counter drug, check product information (including package inserts) regarding dosage, precautions, warnings and interactions.
Site Security
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. THE MSP will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from THE BUYING GROUP.COM on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Pricing Information
While THE MSP strives to provide accurate product and pricing information, pricing or typographical errors may occur. MSP suppliers cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MSP suppliers shall have the right, at their sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, MSP suppliers may, at their discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Our suppliers strive to provide you with the lowest prices possible . However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability are subject to change without notice.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by THE MSP, one of its affiliates or by third parties who have licensed their materials to THE MSP and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of THE MSP and is also protected by U.S. and international copyright laws.
THE MSP and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of THE MSP or any third party's intellectual property rights.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply THE BUYING GROUP.COM's endorsement, sponsorship or recommendation of the third party, information, product or service. THE MSP is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to THE MSP on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain THE MSP's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to THE MSP of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, MSP will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. THE MSP will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. THE MSP is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". THE MSP does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant THE MSP the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify THE MSP and its affiliates for all claims resulting from any Comments you submit. THE MSP and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Colors
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Indemnification
You agree to defend, indemnify and hold harmless THE MSP and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either you or THE MSP. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. THE MSP also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in THE MSP's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or THE MSP, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. THE MSP right to any Comments shall survive any termination of this Agreement.
Disclaimer
THIS SITE IS PROVIDED BY THE MSP ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BUYING GROUP.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MSP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE MSP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE MSP WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
PHARMACY AND MEDICAL CONTENT: THE DRUG INFORMATION AND INTERACTION CHECKER PROVIDED IN THE PHARMACY AREA OF THIS SITE IS PROVIDED BY GOLD STANDARD MULTIMEDIA. ALL OTHER MEDICAL CONTENT ON THE SITE IS PROVIDED BY THE PRODUCT SUPPLIER, AND NOT BY THE BUYING GROUP.COM. THE BUYING GROUP.COM AND ITS AFFILIATES DO NOT SPONSOR, RECOMMEND OR ENDORSE ANY THIRD PARTY, PRODUCT, SERVICE OR INFORMATION PROVIDED ON THIS SITE. ALL CONTENT, INCLUDING DRUG INTERACTION INFORMATION PROVIDED IN THE PHARMACY AREA OF THIS SITE, AND MEDICAL CONTENT PROVIDED IN ANY AREA OF THIS SITE, IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL. IT DOES NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS AND INTERACTIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE FOR YOU. ALWAYS CONSULT YOUR MEDICAL PROFESSIONAL REGARDING ANY MEDICAL CONDITION AND BEFORE USING ANY PRESCRIPTION OR OVER THE COUNTER DRUGS. THE INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT THE BUYING GROUP.COM AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE OR LOSS RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THIS SITE. YOUR USE OF THIS SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THE MSP OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE BUYING GROUP.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE MSP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE BUYING GROUP.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
General
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of THE MSP to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit THE MSP's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Florida law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts
DMCA Notice
Procedure for Making and Responding to Claims of Copyright Infringement It is the policy of Member Savings Program Inc. to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to THE MSP’s Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this web site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to THE MSP’s Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to THE MSP’s Designated Agent that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit THE MSP to locate the material;
Information reasonably sufficient to permit THE MSP to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THE MSP’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
By mail:
Mark Schiavone
Member Savings Program, Inc.
1001 16th Street B-180 , #113
Denver, CO 80265
By e-mail:
mark@membersavingsprogram.com
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this site.
Upon receipt of a valid notification of alleged copyright infringement by a third party, THE MSP shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by THE MSP, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above. To be effective, a counter notification must be a written communication provided to the THE MSP’s Designated Agent that includes the following:
A physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If THE MSP receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that THE BUYING GROUP.com has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on THE MSP’s system.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for shall be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by THE MSP.com, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.