Cheeky Card New Member Program Terms & Conditions

For a Membership Term Beginning October 19, 2011 or later:

These terms and conditions (this “Agreement”) govern the Cheeky new Member Program with respect to new Membership enrollments October 19, 2011, or later, or renewal Membership terms beginning October 19, 2011, or later. The Cheeky Member Program is a customer benefits program brought to you by Cheeky Worldwide, LLC, an Illinois limited liability company (“Cheeky”, “we,” “us,” “our,” “ours”). Purchase or use of any membership in the Cheeky Member Program (“Membership”) at any time subjects the purchaser or user (“you,” “your,” “yours,” “Member”) to the provisions of this Agreement, as amended from time to time.

Benefits

The Cheeky Member Program entitles new Members enrolling in Membership October 19, 2011, or later, or current Members whose renewal Membership term begins October 19, 2011, or later, by use of a membership card to various discounts, perks, benefits, and related deals announced from time to time on Cheeky’s website www.CheekyChicago.com. The website should be checked regularly for any discounts, perks, benefits, and related deals (each a “Benefit”, and collectively “Benefits”) then being offered by Cheeky’s deal providers, such as restaurants, bars, boutiques, gyms or any other business establishment (collectively “Membership Providers”).

How to Use Your Membership Card

Upon payment of the Membership Fee as set forth herein you will be provided a Cheeky membership card. Your membership card is the property of Cheeky and membership may be cancelled by us at any time due to misuse or rules violation of your Membership. If you use a membership card that is not your own, or an expired membership card, it may be confiscated from you. Read each Membership Provider’s offer on Cheeky’ website carefully before you decide whether to take advantage of such Membership’s Provider’s Benefits.

Benefit may be obtained by in-person purchases from or visits to various Membership Providers. You must show your membership card for every purchase or visit to the Membership Provider or no Benefit will be given. In all cases, if making a purchase you must present your membership card before your purchase. If you forget to present your membership card until after the bill has been totaled, you may not receive your Benefit. (i.e. there may be no retro-active sales or discounts.) Identification may be required.

Benefits may also be obtained through entry of the proprietary code found on the back of your membership card on Cheeky’s website www.CheekyChicago.com for particular Membership Provider Benefits of which you wish to take advantage.

Your Cheeky membership card is for individual use only and is non-transferable. Additionally, Cheeky Benefits are for the Cheeky Card Holder, and not necessarily for their guests unless otherwise specified by the merchant or venue.

Membership Fee

The annual Membership program has several payment options:

  1. 1. An annual single payment of $75; automatic renewals are renewed annually at the reduced rate of $65
  2. 2. $20 down, plus $7 the first business day of every month for 12 months.

Membership fees are subject to taxation in accordance with applicable federal or state law. The annual Membership fee does not include applicable taxes. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. Membership fees are not refundable unless otherwise outlined hereunder.
We charge a $10 replacement fee for lost or stolen membership cards.
Membership fees must be paid through a PayPal™ account, which may be established at www.PayPal.com.

Term; Automatic Renewal; Billing

The Membership term is one year, beginning on the date of purchase. A Renewal or Automatic Renewal within a current Membership term extends the existing expiration date of the Membership by one year; such renewal term begins the day after the current term ends. When an expired Membership is renewed, the new Membership term is one year, beginning on the date of renewal.

Each Membership will automatically renew (referred to as “Automatic Renewal Membership”) each year for additional one-year periods that commence on the day after the previous term ends unless (i) you cancel your Membership as set forth herein; or (ii) your Membership is cancelled or we terminate your Membership.

Automatic Renewal Membership fees will be billed annually and automatically to the PayPal account you used when you enrolled in Membership, in the amount of the then current Membership fee, approximately one month prior to your Membership expiration date.

Cancellation; Termination

You have the right to cancel your Membership at any time upon 45 days notice. You will not be refunded for any partial year Memberships not utilized, but if you are paying for your annual Membership by monthly payment no further charges will be incurred after the expiration of the 45 days prior notice. You must cancel your Membership through your PayPal account. Please consult www.PayPal.com for instructions in canceling recurring payments.

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 not be entitled to a refund of your Membership fee.

We may terminate any or all of the Benefits available under the Cheeky Member Program at any time with or without notice. In the event of our termination of the Cheeky Member Program, at our election, we will either maintain your Membership Benefits until expiration of the Membership current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current Membership term.

Member Privacy Policy

As a Member, the information we capture will be subject to the Cheeky Privacy Policy as amended from time to time in accordance with its terms. You may view the current version of the Cheeky Privacy Policy at any time online at www.CheekyChicago.com.

Incorporation of Terms and Conditions

The Terms and Conditions of use found on Cheeky’s website at www.CheekyChicago.com are incorporated herein by reference, and shall be applicable to the use of a membership card and undertaking of the transactions contemplated hereunder; provided, however, that the arbitration provisions of this Agreement shall be applicable to any disputes relating to the subject matter of this Agreement.

Disclaimers; Limitation of Liability

USE OF THE CHEEKY MEMBER PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

CHEEKY WORLDWIDE, LLC, AND ALL OF ITS RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY “MEMBERSHIP 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. MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE CHEEKY MEMBER PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE CHEEKY MEMBER 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 FROM YOUR USE OF THE CHEEKY MEMBER PROGRAM WILL MEET YOUR EXPECTATIONS.

MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY 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 MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CHEEKY MEMBER 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 VIA THE USE THE CHEEKY MEMBER PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE CHEEKY MEMBER PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE CHEEKY MEMBER PROGRAM.

SOME JURISDICTIONS 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.

Governing Law

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 Illinois, without regard to conflict of law principles.

Binding Arbitration.

Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Cheeky Member Program shall be settled by arbitration administered by a single arbitrator of 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 Cheeky Worldwide, LLC, 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). All arbitrations shall be heard in Chicago, Illinois. Illinois law shall govern the terms and conditions of this Agreement.

Acknowledgement

This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Cheeky Member Program with respect to the Cheeky Member Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the Cheeky Member Program is deemed to have accepted the terms and conditions of this Agreement.

Changes to This Agreement

We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the Member Program website located at www.CheekyChicago.com. Any change shall take effect immediately, unless otherwise provided. You may view the current version of this Agreement at any time online at www.CheekyChicago.com.