JOIN the Endeavour Buying Club
Membership Terms & Conditions
Upon mutual acceptance of the Terms and Conditions herein, The Endeavour Buying Club (EBC) enters into a Membership Agreement with you, as the Member.
Definitions
Membership Agreement: The Agreement executed by EBC and the Member through which the Member becomes a member of EBC.
Member: The company or organization that has joined EBC in order to get Membership only discounts through execution of the Membership Agreement.
Information: Any specifications, drawings, sketches, models, samples, data, computer programs or documentation or other technical or business information in written, graphic or other tangible or electronic form furnished or disclosed to EBC or any other party in the course of Membership activities and/or as a result of the Member’s use of such Materials.
Contribution(s): Information that is provided by the Member in the course of discussions leading to Material to be published by EBC.
Material(s): Standards, specifications, white papers, guides, reports, snapshots, corrigenda, case studies, literature, and other documentation published by EBC.
Member participation in any EBC Membership activities shall be governed by these terms.
Confidentiality and Intellectual Property
To enable open, safe, voluntary, neutral discussions and contributions towards Material to be published by EBC, the Member agrees to the following obligations of confidentiality with respect to Information received through participation and to the resulting intellectual property of Contributions made:
To maintain all Information in confidence, using the same degree of care the Member uses to protect its own proprietary information of like importance, but in no event less than a reasonable degree of care. Information disclosed shall be kept confidential to Members only.
ALL MATERIALS AND INFORMATION PROVIDED BY EBC ARE PROVIDED “AS IS”, AND EBC MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL EBC BE LIABLE FOR ANY LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE FOR ANY LOSSES OR DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT. IN NO EVENT SHALL EBC BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, CONTRACTS, PRODUCTION OR USE.
The Member acknowledges that because of the special nature of EBC it is reasonable for EBC to exclude liability as above and for the Member to take measures, including insurance where appropriate, to mitigate or prevent any potential losses that may arise (provided that such measures are not in breach of these Terms and Conditions).
If any third party makes or threatens to make any claim (or if, in the opinion of EBC such a claim is likely) that the use by the Member of any Materials or other Information provided by EBC infringes any intellectual property right of such third party, EBC may, at its option, either secure the Member’s right to continue using the Materials, make the Materials non-infringing or withdraw the Materials on one month’s written notice whereupon the Member shall not be authorized to make any further use of the materials. This sub-clause states the entire responsibility of EBC concerning infringement of third party intellectual property rights.
Acceptance
EBC reserves the right to accept or reject members solely at EBC's discretion. In a case where a membership application is rejected and payment has been processed, EBC will issue a full refund.
Membership does NOT automatically guarantee acceptance by all Core Service Providers - it provides access to preferred rates at the provider's discretion. You are required to be a Member In Good Standing with EBC to take advantage of Core Provider's preferred rates and services for the duration of the services at those preferred rates.
Renewal
The Membership Agreement shall automatically renew upon each anniversary date, at the then applicable fee for Member’s revenue published, unless terminated in accordance with "Termination" below.
Termination
The Membership Agreement may be terminated at any time. Termination of the Annual Membership Agreement for any reason shall not entitle the Member to any refund of the annual fee paid after 30 days of sign-up or anniversary date, and any undue invoice shall be due and payable. Termination of the Monthly Membership Agreement for any reason shall not entitle the Member to any refund of the recurring monthly fee.
Modification
These Terms and Conditions may be modified by the inclusion by EBC of additional requirements or terms on ninety (90) days written notice to the Member. In the event that the Member does not agree to such additional requirements, the Member may resign from EBC upon thirty (30) days written notice. The Member shall not be entitled to a refund of membership fees pursuant to such resignation.
Privacy
By becoming a member, the member agrees to have his/her company contact information published in the member directory, which is only visible to other members, providers and EBC. EBC will not sell the member's contact information, but will be allowed to contact members to inform the membership of new services or newsworthy information via email, phone or snail mail.
Governing Law
The Membership Agreement shall be governed by and interpreted in accordance with the laws of the Province of New Brunswick.
Endeavour Buying Club
1216 Sand Cove Road
Saint John, NB E2M 5V8
506.640.1235
endeavourclub@gmx.com
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