1) Term: If signing up for Subscription Membership, you are authorizing Deluxe Liner to charge your credit card on a recurring monthly basis or the chosen model (one-time payment). This membership is a one (1) year term, with no cancellation option, then month-to-month after the one-year term. Any charges not processed during the first year of membership will accumulate plus a penalty of 10% of outstanding balance each month. Based on the chosen model, you accrue credits which can be used for renting Deluxe Liner’s RV, ATV or other offered add-ons. Available vehicles (RV, ATV…) for applying these credits are shown on Deluxe Liner’s website (www.deluxeliner.com)
2) Hold: If you are unable to make the payment, you can also request a hold on the membership for up to 90 days with no penalty. This request must be in writing through email or mail to our address shown online at minimum 10 days prior to the next upcoming monthly payment. Any hold on the membership also delays the term of the one-year membership.
3) Cancellation: After the one-year term of the membership, you can cancel at any time without penalty. This request must be in writing through email or mail to our address shown online. Once cancelled, if you wish to sign-up at a later time then you will be required to restart your one you term as if a new member. Any Credits accrued and purchased are held as a balance on account and ARE NOT REFUNDABLE. You must use the credits within 180 days from cancellation of membership, otherwise the credits are null and void.
4) Governing Law: This Membership shall be governed by and construed according to the laws of the State of California. If suit is brought by any Party to enforce the terms of this Agreement or an Arbitration award, the parties expressly waive any and all jurisdictional rights they may have and expressly agree that suit shall be filed in Los Angeles County, California.
5) Venue: Subject to the Arbitration requirement, herein, the parties agree that the federal or state courts located within Los Angeles County, California shall have exclusive jurisdiction and venue over any disputes arising out of or relating to this Membership.
6) Arbitration: Any controversy or claim between the parties arising out of or relating to this Membership, or a breach of this Membership, which cannot be resolved by mutual agreement, shall be settled by binding arbitration conducted by a single arbitrator in accordance with the rules of the American Arbitration Association, and any judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction. Any such arbitration shall be filed and held in Los Angeles County, California.
7) Attorneys’ fees: In the event any Party brings legal action to enforce any of the terms, conditions or provisions of this Membership, or to obtain remedies for breach of this Membership, the prevailing Party shall be entitled to recover reasonable attorneys’ fees, costs, and expenses.
8) Successors and Assigns: This Membership shall be binding on, and inure to the benefit of, the Parties hereto and their respective heirs, legal representatives, successors, transferees and assigns.
9) Severability: The terms and provisions of this Membership shall be severable, and should any of its terms or provisions be determined by a court of competent jurisdiction to be invalid or ineffective for any reason, all of the remaining terms and provisions shall remain in full force and effect.
10) Non-Waiver: The waiver of any breach or alleged breach to this Membership shall not constitute a waiver of said breach or of any provision of this Membership; and the failure to promptly exercise any right hereunder shall not be deemed a waiver to exercise such right in the future.
11) Notices: Unless otherwise provided herein, all notices or other communications required or permitted by this Membership shall be in writing and shall be deemed to have been duly given on the date of delivery if delivered personally to the party to whom notice is given, on the next business day if sent by confirmed facsimile transmission or on the date of actual delivery if sent by overnight commercial courier or by first-class mail, registered or certified, with postage prepaid and properly addressed to the party at its address set forth below, or at any other address that any party may from time to time designate by written notice to the others:
If to Deluxe Liner, LLC:
Deluxe Liner, LLC
5511 N. Peck Road
Arcadia, CA 91006
Attention: Travis King or Elisabeth Gritsch
12) Headings, Cross-References, Gender and Number: The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand or limit the terms of this Membership. As the context requires, as used in this Membership, the masculine, feminine and neuter genders, and the singular and the plural, include one another.
13) Counterparts: This Membership may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile signatures shall be binding upon receipt, and the parties agree to exchange original signatures within five (5) days of the facsimile transmission.
14) Force Majeure: No Party shall be considered in default of its obligations under this Agreement if the performance of its obligations are prevented or delayed by any cause beyond its reasonable control including, without limitations, acts of God, acts or omissions of governmental authorities, strikes, lockouts or other industrial disturbances, acts of public enemy, wars, blockades, riots, civil disturbances, epidemic, natural disasters, interruptions of power, terrorists acts, or shutdown of modes of transportation pursuant to an act of the federal government.