Membership Terms and Conditions
These Terms and Conditions (this “Agreement”) govern any Membership in the Wild Birds Unlimited Daily Savings Club® Membership Program. Daily Savings Club is a program administered by Wild Birds Unlimited, Inc., an Indiana corporation (“we,” “us,” “our,” “ours”) as a marketing program for the independently owned franchise stores named Wild Birds Unlimited. Purchase or use of the program at any time from any Wild Birds Unlimited franchise store subjects the purchaser or user (“you,” “your,” “yours,” “Members”) to the terms and conditions hereof.
Daily Savings Club entitles Members to the following benefits only at the Wild Birds Unlimited franchise store (Home WBU Store) where the membership was purchased for 12 months from date of purchase:
Fifteen percent (15%) discount on everyday regular prices of bird and wildlife food items. When a food item is on sale to the general public at a reduced advertised price (Sale Price), then the Daily Savings Club Member will receive Five percent (5%) off the Sale Price.
For every Two Hundred Dollars ($200) cumulatively purchased during the membership term, the DSC member will receive one Ten Dollar ($10.00) Bird Buck Coupon that can be used as a Ten Dollar ($10.00) discount coupon for future purchases of Ten Dollars ($10.00) or more of merchandise.
The membership fee and all regularly-priced and sale-priced merchandise count toward the purchase. However, sales tax, gift certificates, gift cards, shipping, labor and rental do not count toward the $200 level. In addition, merchandise returns will be deducted from the amount accumulated toward the $200 Bird Buck reward coupons.
This Bird Buck can only be used for merchandise and cannot be used for purchasing gift certificates, gift cards, services, shipping and labor, and may not be used for renewing the Membership. The Bird Buck will have no cash value and cannot be redeemed for cash or redeemed for partial refund.
(a) For any discount or other benefit to apply, the Daily Savings Club Membership account must be active at the time of purchase. You will not be reimbursed retroactively for purchases made without a Membership discount.
(b) Daily Savings Club Membership benefits are only valid on eligible purchases at the Wild Birds Unlimited franchise store where the Membership was purchased (Home WBU Store). Membership discounts are not available for on-line purchases on the Wild Birds Unlimited internet store or at Wild Birds Unlimited stores that are not your Home WBU Store. If a Wild Birds Unlimited franchisee owns multiple stores, that franchisee may, at their discretion, name more than one of their owned stores as your Home WBU Store.
(c) Membership benefits do not apply in addition or in conjunction with any coupons, discount offers, etc. that may be offered to the general public by any marketing method. The Member may choose to use the advertised discount or their member discount, whichever is the greater benefit for the member. However, all purchases will apply towards the $200 benefit.
(d) Daily Savings Club Members are not eligible for certain other bird and wildlife food discount programs at Wild Birds Unlimited, including (i) Frequent Seed Shopper cards that have a Buy 10 get 1 Free benefit or other similar benefit programs (ii) Free Birdseed Storage or Free Birdseed Banking or similar benefit programs.
(e) Purchases by Daily Savings Club Members will accumulate towards the $200 benefit only at the Home WBU store.
(f) Bird Buck coupons may be redeemed only at the Home WBU Store. Bird Buck coupons expire six months from date of issue. (Membership benefits apply to and can be accrued only by members of the “household of record.” Household of record is defined by the physical address of the primary member on the Daily Savings Club Application. )
(g) Bird Buck coupons may be used to purchase merchandise for the member or as gifts to non-members. Merchandise purchased with Bird Bucks may only be returned or exchanged at the Home WBU Store. A cash refund will only be available matching the merchandise value less the value of Bird Buck coupons redeemed to pay for the merchandise, or an exchange may be made for merchandise matching the full original value of the returned merchandise. Therefore, a receipt of purchase will be necessary for any return by either the member or gift recipient to be eligible for a cash or partial cash refund.
(h) Daily Savings Club Membership is non-transferable.
(i) Each Wild Birds Unlimited franchise store is independently owned and operated. The Home WBU Store is the only business entity that is obligated to honor the benefits of Daily Savings Club Membership for each member. Other Wild Birds Unlimited franchise stores, Wild Birds Unlimited, Inc. and the Wild Birds Unlimited internet store have no obligation to honor the membership benefits including cancellation benefits as each is a business entity independent of the Home WBU store. Your Daily Savings Club Membership relationship is solely with your WBU Home Store.
(j) Daily Savings Club Members are responsible for maintaining accurate user information in connection with their Daily Savings Club Membership account at their Home WBU Store. Such information includes name, address, e-mail address and telephone number. Members can change their account information by (i) completing an Update Member Profile form at the Home WBU Store (ii) calling the Home WBU Store during store hours.
The annual membership fee is $25. Membership fees are subject to taxation in accordance with applicable federal or state law. The annual membership fee of $25 does not include applicable taxes. We may change the membership fee at any time, but changes will apply only to new and renewal memberships. The fee is non-refundable unless the membership is canceled during the first thirty (30) days of your membership term (including any renewal term).
The initial term of Daily Savings Club Membership shall commence on the date it is purchased and continue for one (1) year from the day on which the membership was purchased. Membership will not automatically renew and you will be notified at the cash register, by e-mail or mail when your membership has expired.
You have the right to cancel your Membership at any time. You will be entitled to a full refund of your Membership fee if you cancel during the first thirty (30) days of your initial or renewal Membership term and have not yet received any discount benefits. If, during the first 30 days of membership you have used the membership for discount benefits, your membership fee refund will be reduced by the dollars of benefit received during the membership period. No refunds will be available after such thirty (30) day period (unless we terminate the Daily Savings Club Membership Program; see Program Termination section below). Membership cancellation and refund may only be done at the Home WBU Store and eligible refunds will be in the same tender type as original payment such as cash, check or credit card.
We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests. In the event of any such termination, you will be entitled to a pro rata refund of your Membership fee.
We may terminate any or all of the benefits available under the Daily Savings Club Membership Program at any time with or without notice. In the event of our termination of this program, at our election, the Home WBU Store will either maintain your Daily Savings Club Membership benefits until expiration of the Member’s current Membership term or refund each Member a pro-rata portion of the Membership fee for the remaining portion of your current Membership term.
Wild Birds Unlimited respects your privacy. We only use information collected to enhance your shopping experience at your Home WBU Store. Your Home WBU Store may on occasion contact you to let you know of Daily Savings Club member-only specials and events. We do not share, rent or sell customer information.
DISCLAIMERS; LIMITATION OF LIABILITY
USE OF WILD BIRDS UNLIMITED DAILY SAVINGS CLUB MEMBERSHIP IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR HOME WILD BIRDS UNLIMITED STORE. WILD BIRDS UNLIMITED, INC., NON-HOME STORE WILD BIRDS UNLIMITED FRANCHISES, NOR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY “PROVIDER”) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTY THAT (i) WILD BIRDS UNLIMITED DAILY SAVINGS CLUB MEMBERSHIP WILL MEET YOUR REQUIREMENTS, (ii) WILD BIRDS UNLIMITED DAILY SAVINGS CLUB MEMBERSHIP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF WILD BIRDS UNLIMITED DAILY SAVINGS CLUB MEMBERSHIP WILL MEET YOUR EXPECTATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE WILD BIRDS UNLIMITED DAILY SAVINGS CLUB MEMBERSHIP OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE WILD BIRDS UNLIMITED DAILY SAVINGS CLUB MEMBERSHIP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR WILD BIRDS UNLIMITED DAILY SAVINGS CLUB MEMBERSHIP DATA; OR (iv) ANY OTHER MATTER RELATING TO WILD BIRDS UNLIMITED DAILY SAVINGS CLUB MEMBERSHIP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
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 Indiana, without regard to conflict of law principles.
Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Daily Savings Club Membership Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Wild Birds Unlimited, Inc. from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).
CHANGES TO THIS AGREEMENT
We may change the terms of this Agreement at any time by notifying Members of such change in writing. Any change shall take effect upon thirty (30) days from the date of our notice. You may view the current version of this Agreement at http://www.wbu.com/dailysavingsclub or you may obtain a copy of it by calling 888-302-2473 during regular office hours and ask for the Marketing Department.
This Agreement was last modified on May 2010.