On The Go Group, Inc. owns and operates the Runnersonthego.com Member Card Program ("Program"). The Program offers Cards to Cardholders ("Cardholder"), entitling them to discounts and other benefits provided by Member Card Participating Providers ("Provider").
- Benefit. In exchange for the annual membership fee, Cardholder will be entitled to all of the discounts and benefits currently in effect and as modified by the Program. Benefits may include discounts, deals or other specials offered by participating Providers to Cardholders. Benefits may change or be cancelled at any time without prior notice. Please refer to the Program website at www.runnersonthego.com for a list of current benefits and discounts.
- No Guarantee. Nothing herein shall be construed as a guarantee as to the Providers participating at the time of enrollment or the exact benefits that will be available throughout the term of the membership in the Program.
- Limitation of Liability In no event shall Program be liable to the Cardholder for any special, incidental, indirect or consequential damages, arising from any cause whatsoever including negligence (even if the Program has been advised of or foresees a possibility of any such damages occurring).
- Termination. Participation in the Program can be terminated by Cardholder upon 30 days' written notice to the Program. The Program may only terminate Cardholder's participation in the event the Program is discontinued, or Cardholder fails to pay the membership fee at renewal. The Program may be discontinued at any time.
- Relationship of Parties. On the Go Group, Inc., the Program and participating Providers are independent contractors, and nothing contained in this Agreement shall be construed to constitute any of those parties as a partner, franchiser, joint venturer, or employee of the other. The Program makes no warranties or representations as to the quality of the goods or services of the participating Providers.
- Accept E-mail Correspondence. Cardholder agrees to accept e-mail correspondence from On The Go Group, Inc. Cardholder has the right to opt out of e-mail correspondence by so indicating in response to an e-mail message. On The Go Group, Inc. agrees not to sell or otherwise knowingly disseminate Cardholder’s e-mail address to others without Cardholder’s permission.
- Choice of Law; Venue; Jurisdiction. This Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction and venue of the state and federal courts sitting in the County of San Diego, State of California and waives any jurisdictional, venue or inconvenient forum objections to said courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.
- Force Majeure. In addition to any excuse provided by applicable law, the parties shall be excused from liability for delay in performance arising from any event beyond the parties' reasonable control, whether or not foreseeable by either party, including without limitation, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation; and other causes or events beyond the parties' reasonable control.
- Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may not be altered, supplemented or amended by the use of any other document(s) unless signed by both parties. Any attempt to alter, supplement or amend this document shall be null and void unless otherwise agreed to in a written agreement signed by the parties.