What on Earth VIP Insider Terms of Use

Welcome to WhatonEarthVIPInsider.com. The following is the Membership Agreement between the provider of the membership program (“We” and “Us”) and the enrolled member of this membership program (“You”). UPON ENROLLMENT, YOU AGREE TO THESE TERMS AND CONDITIONS. PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY, INCLUDING HOW DISPUTES BETWEEN US SHALL BE HANDLED AS DESCRIBED IN THE DISPUTES SECTION, BELOW WHICH INCLUDES YOUR AGREEMENT TO INDIVIDUAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND TO PURSUE A CLASS ACTION. IF YOU HAVE ANY QUESTIONS CALL OUR CONTACT CENTER SPECIALISTS AT THE NUMBER ON YOUR MEMBERSHIP CARD/MATERIAL OR ON THE PROGRAM WEBSITE.

Please review our Privacy Policy, which also governs your visit to WhatonEarthVIPInsider.com, to understand our practices.

If You use this site, you are responsible for maintaining the confidentiality of Your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your account or password. WhatonEarthVIPInsider.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use WhatonEarthVIPInsider.com only with involvement of a parent or guardian. We reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Visiting WhatonEarthVIPInsider.com or sending emails to What on Earth VIP Insider constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically, via email, and on the Site satisfy any legal requirement that such communication be in writing.

As a Member, you are entitled to access discounts and/or other member benefits on certain products and services offered by participating vendors, as explained in the membership materials and on the membership program website. We reserve the right to suspend or end the program or certain benefits without prior notice, in our sole discretion. We also reserve the right to suspend or end the program or certain benefits without prior notice in geographical areas, without prior notice, in our sole discretion. Your membership is non-transferable. If you were offered the opportunity to claim a gift in connection with your enrollment in the program, you are limited to one gift per program. You may be required to still be a member of the program at the time your gift claim is processed.

Your membership is effective for the period of one (1) month following the membership enrollment date and will continue on a month-to-month basis until you cancel your membership as described below. The payment of your membership fee which, if applicable, includes any trial period fee is made automatically by direct charge(s) to the payment source authorized by you (“Payment Source”), in accordance with the payment terms to which you agreed. The payment of Your membership fee includes taxes, if any. From time to time, at our sole discretion, We may provide a reduced membership fee for a promotional period, to first-time or other select customers. If You are provided with such a promotional reduction in Your membership fee (“Trial Membership Fee”) Your Payment Source will be charged the Trial Membership Fee for the promotional period. You agree that any such reduced price is only valid for the promotional period established by Us, and that the regular applicable periodic membership fee will be charged to your Payment Source following the end of the promotional period. Your membership and claim payout is subject to verification of your billing information.

Unless You notify Us that You wish to terminate this Membership Agreement and cancel Your membership by following the instruction as outlined in the section “Termination of Membership”, Your membership will continue or renew automatically. You will be charged the then current membership fee which will appear on Your Payment Source statement, depending on how You enrolled. You are solely responsible for any and all fees charged to Your Payment Source including, but not limited to membership, overdraft, insufficient funds, and over the credit limit fees.

We will send You advance written notice of all changes to Your membership fee that vary from the amount You previously authorized. Should You not wish to pay this amount, please call or email Customer Services to cancel Your membership. However, we will not be able to notify You of changes in any applicable taxes.

We reserve the right, in our sole discretion to change the Terms under which WhatonEarthVIPInsider.com is offered. The most current version of the Terms will supersede all previous versions. You agree to periodically review the Terms to stay informed of our updates. Continuing Your membership following any such modifications will constitute Your acceptance of the modified Membership Agreement.

If Your enrollment includes a trial period and You choose to cancel Your membership within your trial period, Your access to the site will be disabled, effective immediately, regardless of how many days are left in Your trial. You may terminate this Membership Agreement and Your Membership at any time by going to the “Account” tab; sending your request to us using the “Contact Us” link on any page of the site; by calling Customer Services at 888-709-0726; or by notifying Customer Services in writing at:

Customer Services
Po Box 290728
Wethersfield, CT 06129-0728

YOUR CANCELLATION WILL BE EFFECTIVE PROMPTLY UPON THE RECEIPT OF YOUR CANCELLATION REQUEST. UPON CANCELLATION YOU WILL NOT OWE ANY FURTHER MEMBERSHIP FEES AND WILL NOT BE ENTITLED TO A REFUND OF PAST FEES CHARGED TO YOUR ACCOUNT. WE WILL TERMINATE YOUR MEMBERSHIP IF IT IS NOT USED IN ACCORDANCE WITH THIS MEMBERSHIP AGREEMENT OR HAS NOT BEEN PROPERLY ENROLLED. IN SUCH CASES, WE RESERVE THE RIGHT TO NOT REFUND MEMBERSHIP FEES PAID BY YOU AND/OR NOT FULFILL ANY PENDING BENEFIT ORDERS. WE RESERVE THE RIGHT TO TERMINATE YOUR MEMBERSHIP AT ANY TIME FOR ANY OTHER REASON.

This Membership Agreement contains all of the terms of membership, and no representations, inducements, promises or agreements concerning the membership not included in this Membership Agreement shall be effective or enforceable. If any of the terms of this Membership Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.

All content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of WhatonEarthVIPInsider.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of WhatonEarthVIPInsider.com and protected by U.S. and international copyright laws. All software used on this site is the property of WhatonEarthVIPInsider.com or their software suppliers and protected by United States and international copyright laws.

WhatonEarthVIPInsider.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of WhatonEarthVIPInsider.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools, as each is strictly prohibited. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WhatonEarthVIPInsider.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WhatonEarthVIPInsider.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing WhatonEarthVIPInsider.com's name or logos without the express written consent of WhatonEarthVIPInsider.com. Any unauthorized use terminates the permission or license granted by WhatonEarthVIPInsider.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of WhatonEarthVIPInsider.com so long as the link does not portray WhatonEarthVIPInsider.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any WhatonEarthVIPInsider.com logo or other proprietary graphic as part of the link without express written permission.

WhatonEarthVIPInsider.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of What on Earth VIP Insider and We are not responsible for the contents of any Linked Site, including without limitation any link contained in the Linked Site, or any changes or updates to a Linked Site. What on Earth VIP Insider is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by US of the site or any association with its operators. Certain services made available via WhatonEarthVIPInsider.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the WhatonEarthVIPInsider.com domain, you herby acknowledge and consent that What on Earth VIP Insider may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service, or functionality on behalf of WhatonEarthVIPInsider.com users or customers.

You agree that We and our subsidiaries, affiliates, partners and providers are not responsible or liable for any Benefits provided by participating vendors and, if You have any claims relating to such Benefits, You will make Your claim against the vendors providing the Benefit. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE BENEFITS OR RELATED INFORMATION PROVIDED TO YOU. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED YOUR CURRENT MEMBERSHIP FEE, AND UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR YOUR INCIDENTAL OR CONSEQUENTIAL DAMAGES. We reserve the right to eliminate, add, change and substitute Benefits and participating vendors without notice to You in our sole discretion. We assume no responsibility for the payment of or contribution to any use or sales tax on the Benefits which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain Your sole responsibility or that of the provider of the Benefits, as the case may be. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, PARTNERS AND PROVIDERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, PROGRAM WEBSITE, ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON ANY PROGRAM WEBSITE, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON ANY PROGRAM WEBSITE, ANY LINK PROVIDED ON ANY PROGRAM WEBSITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR MEMBERSHIP.

You understand that You are personally responsible for Your behavior while on the Site and agree to indemnify and hold us and our affiliates, business partners, licensors, contractors, service providers, and their respective officers, directors, employees, and agents (collectively, “Covered Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that any Covered Party may incur arising out of or related to: any products or services purchased by You in connection with the Site or the program and in connection with a third-party claim or otherwise; in relation to Your use of the program or access to the Site; or Your violation of either these Terms, applicable law, or the rights of any third party. You are solely responsible for Your own interactions with any merchants accessed through the Site or program. To the extent permitted under applicable laws, You hereby release the Covered Parties from any and all claims or liability related to any product or program of a merchant, any action or inaction by a merchant, including any merchant’s failure to comply with applicable law and/or failure to abide by the program’s Terms and any conduct or speech, whether online or offline, of any other user. In connection with the foregoing release, You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

By visiting www.WhatonEarthCatalog.com, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and www.WhatonEarthCatalog.com or its affiliates.

General: INSTEAD OF SUING IN COURT, YOU AND WE EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. Any dispute relating in any way to Your visit to WhatonEarthVIPInsider.com or to products You purchase through WhatonEarthVIPInsider.com will be submitted to confidential arbitration in Ohio, except that, to the extent You or We have in any manner violated or threatened to violate the other's intellectual property rights, You or We may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio, and You and We consent to exclusive jurisdiction and venue in such courts. THERE’S NO JUDGE OR JURY IN ARBITRATION, PROCEDURES FOR ARBITRATION ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND REVIEW BY A COURT IS LIMITED. Arbitration will be subject to the Federal Arbitration Act and under this agreement will be conducted under the rules then prevailing of the American Arbitration Association. The conducts of the arbitration will be subject to AAA’s then-current rules and procedures for consumer arbitration (currently titled “Consumer Arbitration Rules”) (collectively, Rules and Procedures). YOU SPECIFICALLY AGREE THAT YOU ARE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION, AND YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Payment of arbitration costs will be governed by the AAA’s fee schedule, unless You are able to show that Your portion will be prohibitive as compared to litigation costs, in which case We will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserve the right, in our sole and exclusive discretion, to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision or remedy under the governing law that requires the prevailing party to be paid attorneys’ fees and expenses. Information on AAA, its Rules and Procedures, and how to start arbitration can be found at http://www.adr.org or by calling 800-778-7879. Notwithstanding the foregoing, to the extent the dispute arises from a violation of Your or our intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the subsections below, and both parties consent to exclusive jurisdiction and venue in such courts. Additionally, you or we may take the dispute to small claims court if the dispute qualifies for small claims court.

Waiver of Class Arbitration: To the fullest extent permissible under applicable law, all disputes must be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other disputes will be consolidated or joined with your dispute, whether through class arbitration proceedings or otherwise. You further acknowledge and agree any arbitrator assigned to a dispute will not and will lack the authority to conduct class arbitration or award class-wide relief and that such arbitrator will only hear your individual dispute. You acknowledge you are voluntarily and knowingly waiving any right to participate as a representative of any class of claimants pertaining to any dispute subject to arbitration, such that you will not be entitled to arbitrate any dispute as a representative plaintiff or claimant, class representative, class member, or private attorney general.

Governing Law: These Terms and all disputes between the parties will be governed in all respects by the laws of the State of Ohio, consistent with the Federal Arbitration Act, as they apply to agreements entered into and to be performed entirely within Ohio between Ohio residents, without regard to any conflict-of-law provisions. Further, in any arbitration, both parties agree the arbitrator will honor claims of privilege and privacy recognized under Ohio law.

Enforcement of Arbitration Award: The arbitrator’s award will be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

Severability: If any portion of this Disputes section (with the exception of the Waiver of Class Arbitration subsection) is deemed invalid or unenforceable by any arbitrator or court of competent jurisdiction, the invalid or unenforceable portion will be severed and removed from the Terms, and the remaining portions will remain binding on you and us. If any arbitrator deems the Waiver of Class Arbitration subsection to be invalid or unenforceable, then the entire Disputes subsection will be null and void. Under such circumstances, you expressly acknowledge and agree that the Governing Law and jurisdiction subsections apply to any disputes between you and us, and both parties consent to exclusive jurisdiction and venue in such courts.

At this time, the program is only available to residents of the United States, its territories, and those consumers with APO/FPO addresses. The program is not available to Iowa residents.