Membership Terms and Conditions
GMA Membership Terms & Conditions Agreement
The following terms and conditions govern the Global Motorsport Association (GMA) Membership and the benefits available thereunder. This membership terms & conditions (the "Membership Terms & Conditions," or "Agreement") is made between Global Motorsport Association, Inc. ("GMA"), a Delaware corporation with executive offices at 108 West 13th Street, Wilmington, Delware, USA, 19801 and the person registering for membership or otherwise specified on the GMA membership card. ("you" or the "Member").
1. Membership. A member can be a natural person at least eighteen (18) years of age, a corporation including a limited liability corporation or a registered partnership. A Member shall be a member in good standing upon payment of the prescribed membership fee and acceptance by GMA of the Member's application for enrollment. Membership is subject to the rights and obligations as set out in this Agreement as well as the By-Laws of GMA.
2. Description of GMA Benefits. Each Member is entitled to access benefits on specified motorsport-related and other products and services offered by participating vendors ("Benefits").
a. All Benefits, including, without limitation, a then current listing of participating vendors, are accessible online at http://www.gmainc.org/member home (the "Benefits Website"). To access Benefits or information related to Benefits from the Benefits Website, a Member will be required to be a member in good standing and enter his GMA username and password.
b. Benefits available to Members are based upon negotiated exclusive group eligibility for participating vendor services and products and/or usual and customary fees.
c. All Benefits are subject to discontinuation, change, modification, improvement or substitution without notice and GMA makes no representations or warranties with respect to, and accepts no responsibility or liability for, out of date or erroneous information related thereto.
d. GMA has negotiated with the providers of Benefits in an attempt to acquire the best possible products, services and discounts for its members.
e. The membership fees for GMA are I Year = $100; 2 Year = $190; 3 Year = $180. MBPM One Year Fee = $1,500 which are non-refundable. Fees are subject to change.
2. Membership Term; Renewals. A Member shall be entitled to access all of the Benefits available to Members of GMA for the time period under the plan selected, commencing on the date of acceptance of the Member's application for enrollment for each membership period thereafter (the "Membership Term"). GMA reserves the right, at its sole discretion, to change the terms and conditions of this Agreement at any time, with or without notice to any Member, or to cancel this Agreement or the availability of Benefits hereunder.
3. Electronic Disclosure and Consent. Your submission of an electronic application shall constitute your consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. GMA will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided.
At your request, GMA agrees to provide you with a paper copy of any amendments to this Agreement but GMA will charge you a processing fee and a shipping fee for such service. You may request paper copies of required notices by sending such request to Attn: Membership, 5000 Yonge Street, Suite 1901, Toronto, Ontario, CANADA, M2N 7E9.
a. You have the right to withdraw this consent, but if you do GMA will immediately terminate this Agreement and/or access to GMA Benefits. To withdraw your consent, please contact GMA by sending such request to Attn: Membership, GMA, 5000 Yonge Street, Suite 1901, Toronto, Ontario, CANADA, M2N 7E9.
b. In order for you to access and retain this information, your system must meet the following requirements: (1) A PC or Macintosh compatible computer or other Internet-ready device, (2) Internet Access, (3) An Internet browser such as Internet Explorer 4.0 or above, or another such equivalent Internet browser. In order for you to print or download disclosures you must have a printer connection from your PC or sufficient hard-drive space available to save the disclosures. Your submission of an online application shall constitute your acknowledgement that you have access to the software and hardware necessary to receive via electronic means these disclosures and notice of any changes to the software and hardware requirements.
c. It is your responsibility to maintain accurate contact information in your member profile and contact GMA immediately if your electronic or postal mail address changes and you are unwilling or unable to update the information online. You can contact GMA to inform GMA of such changes through the website.
4. Renewal Fees. The current GMA membership fee (the " Fee") will be automatically billed to Member's designated credit card account or other authorized billing source on a membership term basis as authorized upon enrollment. Unless Member notifies GMA that he does not wish to renew membership in GMA pursuant to Section 6 of this Agreement at least 30 days prior to the end of Member’s Membership Term, then GMA will automatically renew membership at the end of each Membership Term as authorized upon enrollment and bill the then-current renewal Fee to the designated billing source.
5. Right to Cancel; Refund of Fee. Members have the right to terminate this Agreement and membership in GMA at any time. A Member may cancel this Agreement and membership in GMA by sending such request to Attn: Accounting, GMA, 5000 Yonge Street, Suite 1901, Toronto, Ontario, CANADA, M2N 7E9 . If Member cancels before the end of a Membership Term for which Member has paid the Fee, the Member cannot receive a refund of such Fee nor any portion thereof. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement.
6. Disclaimer of Liability. GMA shall have no liability in regard to any services provided, or to be provided, by any non-affiliated third-party sponsor, affiliate or vendor ("Vendor"). All Vendors are independent contractors and not employees, partners or joint venture partners with GMA. GMA shall have no liability in regard to any Benefits provided, or to be provided, by any Vendor. You agree that claims with regard to services shall be made against the Vendor providing or performing such services and not GMA. Although GMA upon request by the member, will endeavor to intervene in conjunction with a member experiencing a problem or discrepancy with a Vendor, in the event any product or service purchased by a Member is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim. Member understands and acknowledges that GMA cannot force vendors to provide any product, service or promotion and that Vendors are free to run their businesses as they see fit and begin/halt such efforts at their own discretion.
7. GMA Member Representation and Obligations. In return for the benefits available through GMA, each Member acknowledges such Member's obligations to GMA as follows: (a) you have read the "Membership Terms & Conditions" carefully, and understand the provisions of the GMA Membership and the billing method for the payment of the annual Fee; (b) You hereby accept and agree to be bound and abide by the Bylaws of the Global Motorsport Association (GMA) and to the rules, regulations and resolutions of GMA promulgated by its Board of Directors which are now in force and effect and such rules, regulations and resolutions as hereafter may be added, changed or amended.; (c) You may cancel your membership in GMA at any time prior to the conclusion of the then current Membership Term and will not be entitled to a refund of the pro rata unused portion of the Fee; (d) the Membership Term will renew automatically effective the first day following the conclusion of the existing Membership Term unless you elect to cancel in accordance with this Agreement; (e) the benefits of membership in GMA are not assignable without the express written consent of GMA. You agree not to share any proprietary information supplied to you by GMA including but not limited to rates, discounts, incentives and the like to any third-party, individual, entity or institution. A violation of this provision will result in your forfeiture of membership in the GMA, potential legal action from GMA and its Members and/or potential legal action from the Vendor; (f) GMA assumes no responsibility for the payment of or contribution to any use, sales or procurement tax or tax of any kind on Benefits that may be imposed by any state, provincial or federal taxing authority and such taxes, to the extent imposed, shall remain the sole responsibility of the Member or the direct provider of the Benefits, as the case may be; and (g) if a member is (i) not eligible for membership; or (ii) for any reason no longer an eligible member, then such member shall have no rights or privileges arising out of this Agreement.
8. Governing Law; Arbitration. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Deleware. Any dispute arising between you and GMA will be submitted to arbitration in the State of Delaware in accordance with the rules of the American Arbitration Association then in effect. Nothing herein stated shall deprive you of the benefits of your state's consumer protection laws.
9. Disclaimer of Warranties. GMA is not a merchant, manufacturer, or direct provider for the Benefits made available to Members. ACCORDINGLY AND UNLESS A VENDOR HAS AGREED OTHERWISE, ALL PRODUCTS, SERVICES, ADVICE, MERCHANDISE AND INFORMATION AVAILABLE TO MEMBERS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE ABOVE, NO WARRANTY OR GUARANTY IS GIVEN REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, CONTENT, DATA, SERVICE, ADVICE, SERVICE, PRODUCT OR MERCHANDISE PROVIDED OR AVAILABLE TO, OR PURCHASED BY MEMBERS THROUGH THE BENEFITS WEBSITE OR OTHERWISE THROUGH HIS OR HER MEMBERSHIP IN THE ECA SERVICE.
10. General Release. Each Member, for himself/herself, and on behalf of any person who uses the Benefits available through the GMA ("Membership Beneficiary"), hereby forever releases, acquits, discharges and holds harmless GMA, its directors, officers, representatives, employess, shareholders, agents and consultants and their respective successors and assigns from any and all damage, loss, liability, claims, demands, actions and causes of action whatsoever that such Member or such Member's legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all Benefits available through GMA. The sole recourse available to a Member, Membership Beneficiary or their legal representatives shall be the cancellation of the Membership.
11. Receipt of Mail. GMA cannot guarantee that it receives any mail that Member claims to have sent. Member should, at Member’s own expense, send any notices to GMA in a form to ensure to Member that their communication arrived at GMA.
12. Entire Agreement. The foregoing Membership Terms & Conditions contain the entire terms and agreements in connection with Member's participation in GMA and no representations, inducements, promises or agreement, or otherwise, between GMA and the Member not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby.
13. Binding Effect. The foregoing Membership Terms & Conditions shall be binding upon and inure to the benefit of GMA and the Member as well as their respective successors and permitted assigns.
