TERMS OF USE

Last Modified: May 21, 2018

1. Acceptance of Website Terms

Welcome to the website of Mile High Desert Partners, LLC (“we” or “us”). The following terms and conditions (the “Terms of Use”) govern your access to and use of, https://fbsavings.net (the “Website”), including any content, functionality and services offered on or through the Website.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://fbsavings.net, incorporated herein by reference. If you do not want these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States. If you do not meet these requirements, you must not access or use the Website.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion, with the changes going into effective immediately and applying to access to and use of the Website thereafter. Your continued use of this Website following the posting of the revised Terms of Use indicates your acceptance and agreement to any changes thereto. Please continually check this page so that you are aware of any changes, which will be binding on you.

3. FB Savings Network Membership Benefits.

Mile High Desert Partners, LLC and the FB Savings Network Website offer a subscription-based Membership Program. As an enrolled member, you are entitled to access discounts and/or other benefits on various products and services offered by participating vendors. Your membership package includes opportunities to find instant savings in your neighborhood on such things as (a) Shopping - save on merchandise purchased online, Department Stores, Electronics, Furniture, Office Supplies, Gift & Jewelry, Sporting Equipment, Apparel & Accessories; (b) Entertainment & Recreation - save on Amusement Parks, Concerts & Events, Museums, Zoos & Tours, Outdoor Adventure & Sporting events; (c) Dining & Food – Casual & Fine Dining, Catering, Convenience Stores, Fast Food, Special Foods & Gifts.

IMPORTANT NOTICE: Some benefits may not be available in your area. Additionally, the discounts available through the program may not be used in conjunction with any other discount program. PLEASE SEE YOUR MEMBERSHIP MATERIALS AND THE PROGRAM WEBSITE FOR IMPORTANT DETAILS AND LIMITATIONS. All listed or quoted prices are current prices only and are subject to change without notice. We reserve the right to suspend or end the program or certain aspects thereof, without prior notice, in our sole discretion. We also reserve the right to suspend or end certain aspects of the program in certain geographic areas, without prior notice, in our sole discretion.

4. FB Savings Network Subscription-Based Membership Terms

FB Savings Network is a subscription-based program. Your membership is effective immediately upon your enrollment in the program and is valid for 3-months from the date of enrollment.

(a) ENROLLING IN OUR CLUB PROGRAM. In placing your order for the FB SAVINGS NETWORK MEMBERSHIP at the regular club price of $59.03, you are automatically enrolled into our FB SAVINGS NETWORK Everyday Savings Club for one 3-month period from the date of your enrollment. This Membership fee is not a continuity or recurring order. This is a one-time charge. Your credit card statement will show a charge from 'fbsavings8446767848'.

(b) HOW TO RENEW. As a member of the Club, you will receive exclusive FB SAVINGS NETWORK benefits for one 3-month period from the date of your enrollment. You will receive a renewal notice by e-mail 30-days before your membership expires. If you wish to renew your membership, simply follow the renewal instructions found in the e-mail notification. Renewal fees are due no later than the last day of the month your membership expires.

If you do not take affirmative action to renew your membership, your membership will be automatically discontinued at the end of the 3-month period from your date of enrollment.

(c) HOW TO CANCEL. Call our Customer Service Department at 1-844-676-7848.

Customer service representatives will be available during the following times to handle your cancellation requests:

Monday – Friday: 8 a.m.-5 p.m. MT

Saturday: 8 a.m. – 1 p.m. MT

You may also cancel by writing us to the address indicated below:

Mile High Desert Partners, LLC 26 W Dry Creek Cir., Suite 600, Littleton, CO 80120

Additional Terms:

(d) USE OF CLUB MEMBERSHIP. Your Club membership is non-transferable. You agree that only you and your Immediate Family may use the Club membership. "Immediate Family" means you, your spouse or partner and your children living at your home. Participation in the Club program is subject to this Agreement, as well as policies and procedures that FB SAVINGS NETWORK may adopt or modify from time to time. Any failure to abide by this Agreement or any policies or procedures implemented by FB SAVINGS NETWORK, any conduct detrimental to FB SAVINGS NETWORK, or any misrepresentation or fraudulent activities in connection with the Club program, may result in termination of membership in the Club program, as well as any other rights or remedies available to FB SAVINGS NETWORK at law. If we suspend or terminate membership for any reason specified in this Section, we reserve the right to not refund any fees paid by you.

5. FB Savings Network Membership Fees and Promotions

From time to time, in our sole discretion, we may provide a reduced membership fee, for a promotional period, to first-time or other selected customers. If you are provided with such a promotional reduction in your membership fee (“Promotional Membership Fee”), you will be charged the Promotional Membership Fee for the promotional period. You agree that any such reduced price is only valid for the promotion period established by us. Terms of the Promotional Membership Fee, including the duration and amount of the Promotional Membership Fee, may vary from time to time.

6. FB Savings Network Refund Policy

Your satisfaction is extremely important to us. That’s why we are so confident that you will be thrilled with our FB Savings Network membership that we guarantee it. If you are not satisfied, you may call customer service within 30 days from the date of your enrollment for a full refund of the membership fee. Please call us at 1-844-676-7848 to request a refund. Customer service representatives will be available during the following times to handle your refund requests:

Monday – Friday: 8 a.m.-5 p.m. MT

Saturday: 8 a.m. – 1 p.m. MT

7. Availability Restrictions

This program is only available to residents of the contiguous United States (excluding any such states as we may designate from time to time in your Membership Guide and/or the Website). Orders to U.S. military post offices cannot be fulfilled.

8. Consent to Electronic Communications

BY ENROLLING IN THE MEMBERSHIP PROGRAM, YOU AFFIRMATIVELY ACKNOWLEDGE, CONSENT, AND AGREE TO THE TERMS AND CONDITIONS AND PRIVACY POLICY. YOU FURTHER AFFIRMATIVELY CONSENT, AGREE TO, AND AUTHORIZE MILE HIGH DESERT PARTNERS, LLC, ITS PARTICIPATING PROVIDERS AND THIRD PARTIES ACTING ON THEIR BEHALF TO CONTACT YOU VIA COMMERCIAL EMAIL MESSAGES SENT ELECTRONICALLY TO THE EMAIL ADDRESS PROVIDED.

YOU AGREE THAT ANY REQUIREMENT THAT A NOTICE, DISCLOSURE, AGREEMENT, OR OTHER COMMUNICATION BE SENT TO YOU BY US IN WRITING IS SATISFIED BY SUCH ELECTRONIC COMMUNICATION. YOU AGREE THAT WE MAY SEND YOU E-MAILS, WHICH INCLUDE NOTICES ABOUT YOUR MEMBERSHIP AS WELL AS INFORMATION PERTAINING TO THE PROGRAM AND SERVICES, SUCH AS FEATURED PRODUCTS/SERVICES OR NEW OFFERINGS. YOU AGREE THAT THIS INFORMATION IS PART OF YOUR MEMBERSHIP WITH US.

9. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Time Limit for Bringing Claims.

YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS AND CONDITIONS, THE WEBSITES OR ANY OF THE SERVICES MUST BE SUBMITTED TO ARBITRATION WITHIN ONE (1) YEAR OR SUCH CLAIM SHALL BE FOREVER BARRED. THAT ONE-YEAR STATUTE OF LIMITATIONS SHALL BEGIN TO RUN ON THE DATE PROVIDED UNDER APPLICABLE LAW.

12. DISPUTES/GOVERNING LAW: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

A. Agreement to Arbitrate. Both you and Mile High Desert Partners, LLC (the “Parties”) agree to resolve any disputes or claims through final and binding arbitration relating to these Terms of Use, the Website, and the Services. The arbitration shall be held in the state of Colorado, and both parties agree to submit to the personal jurisdiction of any state or federal court in Colorado to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.

B. Arbitration Procedures. The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at jamsadr.com or by calling JAMS at 1-800-352-5276 (referred to as the "JAMS Rules") and under the rules set forth in these Terms of Use. The parties may also mutually agree to have the arbitration conducted by telephone or based on written submissions.

C. Arbitration and Attorneys’ Fees. You are responsible for arbitration fees and all other additional costs that you may incur in the arbitration including, but not limited to attorney's fees and expert witness costs unless We are otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the JAMS Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on both parties, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Both parties agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms and Conditions and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys' fees. Notwithstanding the foregoing, both parties agree not to seek any attorneys' fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Both parties understand that, absent this mandatory arbitration provision, both parties would have the right to sue in court and have a jury trial. Both parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If We are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to us.

D. Severability; Waiver of Jury Trial; Our Affiliates. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, both parties agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of ours to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.

E. No Class Actions. Your agreement to arbitrate means that you may only resolve disputes against us on an individual basis. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US AND THE OUR RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS OF USE. OTHERWISE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE IN ANY WAY.

F. Opt-Out. You can opt out of this agreement to arbitrate by sending us a letter that must be postmarked within 30 days of your first acceptance of these Terms of Use. The letter must specify your first and last name, mailing address, and explain that you are opting out of this arbitration provision. The letter should be sent to: Mile High Desert Partners, LLC, ATTN: Legal Department, 26 W Dry Creek Cir., Suite 600, Littleton, CO 80120

G. Governing Law/Venue. To the extent this agreement to arbitration is found not to apply to you or your claim, you agree to institute any claims or lawsuits against us in the state or federal courts located in Arapahoe County, Colorado. You specifically agree to consent to venue and personal jurisdiction there. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the state of Colorado without giving effect to any choice or conflict of law provision or rule.

13. Indemnification.

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

14. Waiver and Severability

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

15. Entire Agreement

The Terms of use and our Privacy Policy constitute the sole and entire agreement between you and Mile High Desert Partners, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

16. Contact Us

For questions or comments regarding these Terms of Use, please contact us by using the following information:

Mile High Desert Partners, LLC

26 W Dry Creek Cir.,

Suite 600,

Littleton, CO 80120

1-844-676-7848

Thank you for visiting the website.