TERMS AND CONDITIONS OF USE - Membership Program
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE "GOVERNING LAW; ARBITRATION" SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Consent to Electronic Communications
By registering, joining or using the Membership Program, you are consenting for APEC to send to you electronic communications about the Membership Program and your Membership.
Categories of Communications. You consent to receive communications relating to your Membership in electronic form. The communications covered by your consent may include, but are not limited to: (i) any initial disclosure statement or agreement governing your Membership, including these Terms and Conditions; (ii) any disclosure required by federal, state, provincial, territorial or local law, including any disclosure under the federal Electronic Fund Transfer Act, the federal Fair Credit Reporting Act and the financial privacy provisions of the Gramm-Leach-Bliley Act; (iii) any letter, notice or alert regarding your Membership, including, but not limited to, notices regarding expiration and renewal of your Membership, and any change to your Membership; and (iv) any other disclosures, notices or communications in connection with the application for, opening of, and maintenance of your Membership. Such electronic communications may include your name and certain information about your Membership, including the expiration date of your Membership and Membership renewal fee. Electronic communications may be reviewed by any party, including us, with access to your Membership, the email account you have provided to us for delivering these communications, or the hardware or software you use to view your Membership information or your email account.
How to Withdraw Your Consent. You may not apply online for a Membership, and you may not register your Membership for online services (including electronic statements or mobile alerts), unless you also provide your consent to receive electronic communications. If you have registered for online services (such as electronic statements or mobile alerts) and you subsequently wish to withdraw your consent to receive future electronic communications, you must withdraw your consent to stop receiving electronic communications. Any withdrawal of your consent to electronic communications will be effective only after a 10-day delay, to process such withdrawal request.
How to Update Your Records. You agree to promptly update your contact information, including your email address, if it changes, by providing such updated information through your online account with APEC (at freedrinkingwater.com) or by calling 800.880.4808.
Electronic Signatures. You acknowledge that by clicking on the "Sign Up", "Enroll Now", "Continue" or a similar button provided in connection with these Terms and Conditions, you are indicating your intent to sign up for electronic communications, and that such action shall constitute your signature.
US Federal Law. You acknowledge and agree that your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business and communicate with you by electronic means.
Membership Program Benefits
The Membership Program is subject to these Terms and Conditions and applicable law, provides members of the Membership Program with the following Gallery and online benefits:
- Free to join
- Automatically enrolled after account sign up
- Receive 10 reward points* for every dollar spent on freedrinkingwater.com
- Free Shipping* on orders $49+
- 5000 instant reward points
- Receive 15 reward points* for every dollar spent on freedrinkingwater.com
- Free shipping* on entire order
- 7500 instant reward points
- Receive 20 reward points* for every dollar spent on freedrinkingwater.com
- *Limited exclusions apply. See Benefit Exclusions below.
Membership Program benefits are valid only at freedrinkingwater.com. Certain products may be excluded from the Membership Program benefits, including, without limitation, commercial RO systems and specialty filters.
The Membership Program benefits cannot be used in conjunction with any coupon or with any corporate or prearranged group discount, unless specifically stated otherwise in the applicable coupon or discount.
This Membership Program is for individual consumers only and is not available to any company or corporate entity/enterprise. If you are a company or corporate entity/enterprise, please ask an APEC associate for details about our APEC Wholesale and Resale Programs. Without limiting the foregoing, the Membership Program benefits cannot be used in conjunction with employee discounts, referral discounts or corporate or institutional discounts. APEC may also offer certain existing or new programs, promotions, merchandise categories and other offers that are not eligible to be combined with Membership Program benefits.
Reward Points cannot be earned toward the purchase of gift cards, gift boxes, shipping and handling or toward applicable taxes.
Free shipping is offered for orders shipped to the 48 contiguous states.
Membership Program Terms and Conditions
You must be at least eighteen (18) years of age or older, or at least nineteen (19) years of age or older in certain provinces of Canada, depending on the age of majority in the place of your residence, to register for, join or use the Membership Program.
MEMBERSHIP PROGRAM FEE, TERM AND RENEWALS
THE FEE FOR THE MEMBERSHIP PROGRAM (THE "MEMBERSHIP FEE") IS FORTY-NINE DOLLARS (USD $49.00) PER YEAR FOR THE GOLD MEMBERSHIP AND SIXTY-NINE DOLLARS (USD $69.00) PER YEAR FOR THE PLATINUM MEMBERSHIP, FOR U.S. RESIDENTS, PLUS ANY APPLICABLE TAXES, AND IS NON-REFUNDABLE. APEC MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THE MEMBERSHIP FEE WITHOUT NOTICE.
FOR RESIDENTS OF THE U.S., YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY EACH YEAR ON OR ABOUT THE ANNUAL ANNIVERSARY OF YOUR SIGN-UP DATE (UNLESS YOU CANCEL YOUR MEMBERSHIP). UNLESS YOU NOTIFY US BEFORE A MEMBERSHIP FEE CHARGE THAT YOU WISH TO CANCEL YOUR MEMBERSHIP ACCOUNT OR THAT YOU DO NOT WISH TO AUTO RENEW YOUR MEMBERSHIP, YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE FOR ANOTHER YEAR AND YOU AUTHORIZE APEC (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT AND CHARGE THE THEN-APPLICABLE MEMBERSHIP FEE, ANY APPLICABLE TAXES, EACH YEAR USING ANY CREDIT CARD ON FILE.
IF YOU WISH TO CANCEL YOUR MEMBERSHIP, YOU MAY DO SO BY ADUSTING YOUR SETTINGS IN "MY ACCOUNT" OR BY CALLING 800.880.4808.
WE WILL SEND YOU A RENEWAL REMINDER THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE THEN-CURRENT MEMBERSHIP TERM. RENEWAL NOTIFICATIONS WILL INCLUDE INSTRUCTIONS ON HOW TO CANCEL YOUR MEMBERSHIP TO AVOID ANY FUTURE CHARGE.
IF YOUR PAYMENT CARD IS DECLINED, WE MAY CONTINUE ATTEMPTING TO PROCESS YOUR MEMBERSHIP FEE UNTIL THE CHARGE IS APPROVED BY YOUR PAYMENT CARD ISSUER. IN ADDITION, YOU AGREE TO PROVIDE US WITH ALTERNATE PAYMENT CARD INFORMATION FOR PURPOSES OF PROCESSING ANY CHARGES OWED BY YOU, INCLUDING ANY APPLICABLE MEMBERSHIP FEE. WE AND OUR THIRD PARTY PAYMENT SERVICE PROVIDERS MAY REQUEST, AND MAY RECEIVE FROM ANY OF YOUR PAYMENT CARD ISSUERS OR ANY PAYMENT CARD NETWORK, UPDATED PAYMENT CARD INFORMATION, SUCH AS CANCELLATION OF ANY PAYMENT CARD ACCOUNT, UPDATED PAYMENT CARD NUMBERS OR EXPIRATION DATES. IF SUCH UPDATED INFORMATION IS PROVIDED TO US AND/OR ANY OF OUR THIRD-PARTY PAYMENT SERVICE PROVIDERS, WE MAY USE THAT INFORMATION TO PROCESS ANY PAYMENT THAT YOU HAVE AUTHORIZED US TO CHARGE TO SUCH PAYMENT CARD, INCLUDING PAYMENT FOR ANY APPLICABLE MEMBERSHIP FEE OR ANY MEMBER PURCHASES. BY ENROLLING IN THE MEMBERSHIP PROGRAM, YOU HEREBY AUTHORIZE APEC AND ITS THIRD PARTY PAYMENT SERVICE PROVIDERS TO UPDATE YOUR PAYMENT CARD INFORMATION AND CHARGE YOUR PAYMENT CARD USING ANY SUCH UPDATED PAYMENT CARD INFORMATION. YOUR PAYMENT CARD ISSUER MAY ALLOW YOU TO OPT OUT OF PROVIDING UPDATED CARD INFORMATION. FOR MORE INFORMATION, PLEASE CONTACT YOUR PAYMENT CARD ISSUER.
ALL SALES OF THE MEMBERSHIP PROGRAM ARE FINAL.
You may join the Membership Program online, at freedrinkingwater.com or by calling 800.880.4808.
For Membership Program benefits to apply to a particular purchase, your Membership must be active and available at the time of purchase. Your Membership will become active at the time of joining the Membership Program and its benefits may be applied immediately to any purchase made after you become a Member. At APEC's discretion, you may be eligible to receive retroactive Membership Program benefits for purchases made by you up to thirty (30) days prior to enrolling in the Membership Program as a one-time courtesy. However, you will not receive any retroactive benefits for purchases made after your Membership is terminated unless you re-enroll.
Enrollment and participation in the Membership Program are voluntary, optional and not required to complete any transaction or sale, including, but not limited to, any credit or debit card transaction.
APEC reserves the right, in its sole and absolute discretion, to exclude any individual(s) from the Membership Program or to terminate any Membership, for any reason, including, without limitation, abuse of the Membership Program, failure to follow these Terms and Conditions, or fraud, misrepresentation or other conduct detrimental to the interests of APEC. Any such exclusion or termination may affect eligibility for further participation in the Membership Program and/or any other APEC program.
The Membership Program makes available special discounts, savings and/or complimentary access (as applicable) with respect to certain goods, as expressly provided in these Terms and Conditions. Notwithstanding anything herein to the contrary, no services are made available pursuant to these Terms and Conditions; and services made available by APEC are made available subject to separate terms, and certain goods may be subject to separate terms as well.
Important Note to New Jersey Consumers
If you are a consumer residing in New Jersey, the following provisions of these Terms and Conditions do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in the "Disclaimers; Limitations of Liability" section below, the disclaimer of liability for any indirect, incidental, punitive and consequential damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in the "Disclaimers; Limitations of Liability" section below, the limitation on liability for loss, misappropriation and/or theft of data, goodwill, income or profit, loss of or damage to property of any kind, and any other intangible losses (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in the "Disclaimers; Limitations of Liability" section below, application of the limitations of liability to the recovery of damages that arise under breach or repudiation of contract, tort, civil liability, negligence, gross negligence or strict liability (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; and (d) in the "Governing Law; Arbitration" section below, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
Changes to Membership Program and these Terms and Conditions
APEC may, in its sole and absolute discretion, change any provision of these Terms and Conditions, including, without limitation, Membership Program benefits, exclusions and fees, at any time and without liability. APEC may notify you of such changes by any reasonable means, including by posting revised Terms and Conditions on this page or on our websites offering the Membership Program. Any change to these Terms and Conditions shall take effect immediately, unless otherwise provided by APEC or otherwise required or prohibited by law. You may view the current version of the Terms and Conditions at any time at any APEC website.
It is your responsibility to check or review the Terms and Conditions from time to time to keep informed of changes. The "Last Updated" legend above indicates when these Terms and Conditions were last changed.
To the fullest extent permitted by applicable law, if you continue to use your Membership after we change these Term and Conditions, or if you do not cancel your Membership as described above, you will be indicating your acceptance of such changes. If any change to these Terms and Conditions is for any reason found invalid, void or unenforceable, such change is severable and will not affect the validity and enforceability of any remaining change or any other provision of these Terms and Conditions.
Accuracy of Information
We expect Members to submit and maintain accurate and current information in connection with their Membership. Such information includes, without limitation, name, address, email address and phone number. Members are responsible for ensuring that all of their account information is up-to-date and accurate (as account information such as, without limitation, a Member's billing address may affect certain Membership renewal terms and legally mandated notice requirements). Members can change their Membership information by: (i) updating their Member profile data through an authenticated website account; (ii) requesting an update from an APEC associate by calling 800.880.4808 during business hours. We are not responsible or liable for any correspondence (including any physical mail or email) that is lost, delayed or misdirected.
Marketing & E-Mail Communication
Unless you expressly opt-out, by joining the Membership Program, you, to the extent permitted by applicable law, automatically subscribe to APEC's marketing and e-mail exclusives and will receive, and agree to receive, promotional mail and emails from APEC. Unsubscribing from APEC's marketing and/or email exclusives will not discontinue your Membership. If you do not wish to receive future marketing and/or email exclusives, you can request that they be discontinued by updating your settings in "My Account" and/or by calling 800.880.4808. We will seek to implement your request within a reasonable time period. Please note that Members who unsubscribe from APEC's marketing and/or email exclusives will continue to receive non-marketing emails and other communications from APEC relating to the Membership Program.
DISCLAIMERS; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) USE OF THE MEMBERSHIP PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK; (B) THE MEMBERSHIP PROGRAM AND ITS BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (C) APEC AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, "MEMBERSHIP PROGRAM PROVIDERS") EXPRESSLY DISCLAIM 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; AND (D) MEMBERSHIP PROGRAM PROVIDERS MAKE NO WARRANTY THAT: (I) THE MEMBERSHIP PROGRAM WILL MEET YOUR REQUIREMENTS; (II) THE MEMBERSHIP PROGRAM 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 IN CONNECTION WITH YOUR USE OF THE MEMBERSHIP PROGRAM WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW; (Y) MEMBERSHIP PROGRAM PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR MEMBERSHIP IN, YOUR PARTICIPATION IN, YOUR MEMBERSHIP IN AND/OR THE TERMINATION OF YOUR MEMBERSHIP IN, THE MEMBERSHIP PROGRAM; AND (Z) THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOSS, MISAPPROPRIATION AND/OR THEFT OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, ANY OTHER INTANGIBLE LOSSES AND CLAIMS OF THIRD PARTIES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE MEMBERSHIP PROGRAM 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 INTO IN CONNECTION WITH THE MEMBERSHIP PROGRAM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MEMBERSHIP PROGRAM DATA; OR (IV) ANY OTHER MATTER RELATING TO THE MEMBERSHIP PROGRAM OR YOUR MEMBERSHIP.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: THE MAXIMUM COLLECTIVE LIABILITY OF THE MEMBERSHIP PROGRAM PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWEVER ARISING, SHALL BE EQUAL TO THE MEMBERSHIP FEES ACTUALLY PAID BY YOU TO THE MEMBERSHIP PROGRAM PROVIDERS IN EXCHANGE SOLELY FOR THE RIGHT TO USE THE MEMBERSHIP PROGRAM IN THE PREVIOUS TWELVE (12) MONTHS; EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY, INCLUDING BREACH OR REPUDIATION OF CONTRACT, TORT, CIVIL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM THE MEMBERSHIP PROGRAM PROVIDERS AS SET FORTH HEREIN, AND THAT SUCH LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS (AND THE LAWS OF CERTAIN JURISDICTIONS) OTHER THAN NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
We may terminate or decline to renew your Membership at our reasonable discretion, including if we suspect that you have breached any provision of these Terms and Conditions, and as otherwise provided herein. No failure to insist upon or enforce strict compliance with these Terms and Conditions will constitute a waiver of any provision hereof or any of our rights.
Governing Law: Arbitration
Subject to applicable law, these Terms and Conditions are governed by the laws of the United States (including the Federal Arbitration Act and other federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND APEC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT APEC AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. If the AAA is unable or declines to administer the arbitration, the arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures, as amended by this Agreement. The Streamlined Arbitration Rules and Procedures are available online at http://www.jamsadr.com/rules-streamlined-arbitration/. If both the AAA and JAMS are unable or decline to administer the arbitration, a court of competent jurisdiction may appoint the arbitrator. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, or as otherwise required by the AAA or JAMS, as applicable. If the parties are unable to agree on a location, such determination should be made by the AAA or JAMS, as applicable, or by the arbitrator. The arbitrator's decision will follow these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, provincial, territorial or local agencies and, if the law allows, they can seek relief against us for you.
As between you and APEC, all Membership Program materials, including all designs, texts, graphics, logos, button icons, images, audio clips, software, and the compilation thereof (including the selection, arrangement and assembly thereof) is the exclusive property of APEC, and is protected by United States and international copyright and other intellectual property laws. Unless otherwise indicated on a particular part of the Membership Program materials, you are granted permission solely to electronically copy and print portions of the Membership Program materials for the sole purpose of using the Membership Program materials for your personal, non-commercial use, subject to these Terms and Conditions. Any other use of any Membership Program materials (including any reproduction, modification, distribution, republishing, transmission, display or performance) without the prior written permission of APEC is strictly prohibited.