This AGREEMENT is made between Trilegiant Corporation ("Trilegiant"), a Delaware corporation with offices at 6 High Ridge Park Stamford, CT 06905, providing a service called LiveWell.net ("LiveWell"), and the person specified on the accompanying LiveWell membership card ("you"). By enrolling in LiveWell, you agree to be bound by the terms of this Agreement.
1. SERVICE -
(a) The LiveWell benefits which Trilegiant shall provide to you
during the term of your membership shall include the benefits listed
below in items (i) through (iii). You may call 1-800-793-2318, toll
free, to use such benefits.
(i) A dining and leisure activities discount service. (Trilegiant shall be your agent for the purpose of securing discounts for dining at participating restaurants in the LiveWell network and discounts for leisure activities at participating attractions. However, in no event shall Trilegiant be deemed a merchant, vendor, or supplier of any product or service provided to you. Where prohibited by law, discounts for alcoholic beverages are excluded.)
(ii) Access to How-To Guides (up to 10 per request).
(iii) Contractor Solutions powered by ServiceMagic, Inc. ("ServiceMagic").
(b) Trilegiant reserves the right to change the terms and conditions of this Agreement, including by modifying or discontinuing any of the above benefits, at any time and without notice. Trilegiant may cancel this Agreement upon written notice and refund of the current term's membership fee.
2. CASH BACK DISCOUNTS - (a) Cash Rewards are eligible for purchases made online. To qualify for Cash Rewards, you must access the Merchant's Web site through the designated links on the Program Web site, and pay for your online purchase using your Card. Purchases you make by going directly to a Merchant's Web site do not qualify for Cash Rewards. (b) Merchant Cash Rewards are subject to change at any time without prior notice. (c) Gift Card purchases are not eligible for cash back rewards for certain merchants. (d) Certain Merchants may not accept all types of cards, may have blackout periods, days or hours when Cash Rewards are not offered, may limit the number and/or amounts of Cash Rewards, may require a minimum purchase for a Cash Reward, or may not offer Cash Rewards on certain types of transactions (e.g., the purchase of gift certificates). Cash Rewards will not be available where they are restricted or prohibited by law (e.g., gambling, discounts on alcohol or tobacco, etc.). (e) Cash Rewards will automatically be deposited into your account within one to two billing cycles. (f) Cash Rewards paid by the Merchant will be deposited to the account associated with the Card used to make the qualifying purchase. (g) Cash Rewards credited to a credit card account will be treated as a Merchant credit reducing your outstanding balance, but will not qualify as a payment towards the required minimum monthly payment, if any. (h) You must be a member of LiveWell at the time of purchase to receive Cash Rewards. (i) Cash Rewards are not applicable to returned items.
3. WHO MAY USE - You agree that you will use LiveWell only for your own behalf and for the members of your immediate family residing in your household. All such members of your immediate family that use any of the benefits or services of LiveWell shall be bound by the terms of this Agreement. You will be responsible for all use of your membership number and must notify LiveWell immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number. Any merchandise or services purchased or otherwise received through LiveWell may not be used for resale.
- (a) Trilegiant and its subsidiaries, affiliates, and employees (collectively,
the "Trilegiant Parties") shall have no liability to you as
a seller of any products or services, including, without limitation,
any liability for any defective products or services. The goods, services,
and other benefits offered to you as a member of LiveWell are
in most cases provided by independent third parties who are not affiliated
with any of the Trilegiant Parties, and, accordingly, the Trilegiant
Parties assume no liability for any losses or other damages arising
out of the actions or omissions of, or goods and services provided by,
such independent third parties. Any claims for losses or other damages
to the property or person of you or any other individual (including
any member of your family) must be filed against the appropriate third
party provider. NO Trilegiant PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED,
WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR INFORMATION DELIVERED
OR PROVIDED TO YOU, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, AND NO Trilegiant PARTY SHALL, UNDER ANY CIRCUMSTANCES,
BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THE Trilegiant PARTIES'
AGGREGATE LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF YOUR
LIVEWELL MEMBERSHIP FEE. No Trilegiant Party shall have any liability
for any delay in delivery for any cause beyond their control, including
delay due to union disputes or factory production schedules.
(b) No Trilegiant Party shall have any liability in regard to any services provided, or to be provided, by any third party travel provider. You agree that any claim with regard to services shall be made against the third party travel provider of such services and not any Trilegiant Party.
(c) No Trilegiant Party assumes any responsibility or liability in connection with the service of any train, vessel, carriage, aircraft, motor vehicle, or other conveyance which may be used, either wholly or in part, in connection with the services ordered, nor will any Trilegiant Party be responsible for any act, error, or omission, or for any injury, loss, accident, delay, or irregularity which may be occasioned by reason of any defect in any vehicle, or through the neglect of any person engaged in carrying out the purpose for which tickets or coupons are issued including, but not limited to, tour guides, vehicle operators, and hotel administration and staff. No Trilegiant Party shall have any liability in the event any itinerary or arrangements are altered by the third party travel provider. Any information provided by Trilegiant to you is subject to change without notice. All services ordered are subject to the availability of such services from the third party travel provider.
(d) Trilegiant reserves the right to eliminate merchants, vendors, or suppliers and to provide notification to you of these deletions through the Customer Service "800" number. In the event such goods or services are not available to you, Trilegiant is not responsible for any refund to you due to merchant, vendor, or supplier closure, discontinuance with LiveWell, or restrictions.
(e) Trilegiant reserves the right to eliminate restaurants and to provide notification to you of these deletions through LiveWell as set forth in the dining guide enclosed in your membership materials. In the event such goods or services are not available to you, Trilegiant is not responsible for any refund to you due to restaurant closure, discontinuance with the dining discount program offered through LiveWell, or restaurant restrictions. These terms also apply to any discounts on entertainment attractions and at hotels or resorts offered through LiveWell.
(f) Contractor Solutions powered by ServiceMagic. In using any and all services provided by ServiceMagic, you acknowledge that none of the Trilegiant Parties, LiveWell, or ServiceMagic is acting as your general contractor, agent, or lawyer. It is your responsibility to select a contractor and to negotiate the terms for any work performed, not that of the Trilegiant Parties, LiveWell, or ServiceMagic. You should consult with appropriate expert advisers to assist in your home improvements, including a lawyer regarding contracts, permits, and other necessary job documentation, and an insurance professional regarding the contractor's and your own insurance coverage requirements. None of the Trilegiant Parties, LiveWell, or ServiceMagic (i) recommends or endorses any specific contractor or architect, (ii) provides advice on which contractor or architect to select, or (iii) screens contractors' personal credit standing. The Trilegiant Parties, LiveWell, ServiceMagic, and their respective affiliates, employees, and agents assume no liability for any losses or other damages arising out of the actions or omissions of or the services provided by such contractors, except for ServiceMagic's limited $1,000 guarantee as described in the enclosed membership materials and subject to the limitations set forth therein. Any claims for losses or other damages to the property or person of you or any other individual (including any member of your family) arising out of such contracted services must be filed against the independent contractor that performed such services. ServiceMagic only performs initial screening of contractors' legal standing and compliance with applicable state-level or provincial-level licensing requirements based upon specified objective criteria, relying on electronic data provided by third parties and on statements made by contractors and service providers and their references to determine which contractors and service providers to include in its approved database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a contractor's record may have occurred which were not captured by the third party data sources used. In addition, while ServiceMagic attempts to maintain accurate and up-to-date information, the screening is performed only at the time the contractor applies for membership in the ServiceMagic network, and since information regarding a contractor may change over time, none of Trilegiant, LiveWell, or ServiceMagic guarantees that any profile or information regarding any contractor is accurate.
(g) The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
5. GOVERNING LAW; ARBITRATION - 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 Connecticut. If there is a dispute between you and Trilegiant, either of us may elect to have it resolved by proceeding in small claims court or by final and binding arbitration administered by the National Arbitration Forum, or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties, and not on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
6. MEMBERSHIP FEE - Your membership fee will be billed to the credit card or debit card (or to the related checking account) (in each case, designated the billing source) account you authorized when you enrolled in the program, in accordance with the billing terms furnished to you upon your enrollment in the Service.
7. RENEWALS - Unless you notify LiveWell that you do not wish to renew your membership, LiveWell will automatically renew your membership at the end of each term and bill the renewal fee to your designated billing source. You will be notified of any price increase and may cancel your membership if you do not want to continue to be billed at the new price.
8. RIGHT TO CANCEL MEMBERSHIP - (a) You have the right to terminate this Agreement at any time. You may cancel this Agreement by calling 1-800-290-8603, writing to: LiveWell, P. O. Box 41248 , Nashville, TN 37204, email firstname.lastname@example.org or click the cancel link on the Contact Us page. Cancel this Agreement during your 30-day trial, and you will owe nothing more; at any time thereafter, you will owe nothing further. You will remain liable for any other fees, purchases or charges to be paid pursuant to this Agreement. (b) If Trilegiant determines it is unable to bill the membership fee due hereunder to your designated billing source, Trilegiant shall have the right to terminate this Agreement in which event you will no longer have access to any of the LiveWell benefits. In addition to Trilegiant's termination rights set forth above, Trilegiant may elect in its sole discretion to keep this Agreement in effect, but suspend your access to all of the LiveWell benefits, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
9. ELECTRONIC COMMUNICATIONS - Trilegiant, at its option, may communicate with You regarding the LW service by mail, by telephone or by electronic communications. Trilegiant may communicate with You electronically by means of electronic mail to the email address You provide when You sign-up for the LW service and/or postings to the LW service website. Trilegiant may communicate electronically to You the following types of communications: Membership Terms and Conditions (including any amendments thereto), notices or disclosures regarding the LW service, payment and billing authorizations, and other matters relating to your use of the LW service.
You may contact Trilegiant at the telephone number and address listed above to request another electronic copy of an electronic communication without a fee. You may also request a paper copy of the terms of the payment authorization without a fee. You may contact Trilegiant at the same telephone number or email address listed above to update your contact information or to withdraw your consent to receive electronic communications. Trilegiant reserves the right to terminate your use of the Service if You decline or withdraw your consent to receive electronic communications from Trilegiant.
You will need the following software and hardware to access electronic communications sent to You by Trilegiant as part of your LW membership: IBM or MAC compatible computer, Internet access, a working email address, and Internet Browser (Internet Explorer version 5.2 or a later version). To retain copies of electronic communications, You must print a copy using a printer attached to your computer, or save an electronic copy to your computer's disk or other storage device.
10. CONFIDENTIALITY All information and software provided through LiveWell is and shall remain the sole and exclusive property of Trilegiant Corporation. You shall not publish, broadcast, retransmit or otherwise reproduce the information or software in any medium. Any violation of this restriction is an infringement of copyright or proprietary rights in the information and software.
11. TERMINATING THE LIVEWELL SITE Trilegiant Corporation retains the right at any time and from time to time to discontinue or modify, or temporarily or permanently terminate the LiveWell website (or any part thereof) with or without notifying you. If Trilegiant Corporation discontinues the site, Trilegiant Corporation will not be liable to you or any third party for such discontinuance, modification or termination.
12. VIRUSES; DESTRUCTION OF THE SITE By participating on the greatfunsite.com site, you agree to not upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You also agree to not interfere with the servers or networks connected to LiveWell or to disobey any requirements, procedures, policies or regulations of networks connected to LiveWell. ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THIS SITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS; IF SUCH AN ATTEMPT IS MADE, Trilegiant Corporation RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM THE USER TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Trilegiant Corporation assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property due to your access to, use of, or browsing in LiveWell or your downloading of any materials, data, text, images, video or audio from this site.
13. TECHNICAL ISSUES By utilizing LiveWell, you acknowledge that technical processing and transmission of LiveWell, including the information you enter, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Trilegiant Corporation MAKES NO WARRANTY THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT ANY ERRORS ON THIS SITE WILL BE CORRECTED. Trilegiant Corporation ASSUMES NO RESPONSIBILITY FOR (1) ANY PROBLEMS RELATING TO TECHNICAL MALFUNCTION OR DELAYS OF TELEPHONE NETWORKS OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, (2) FAILURE OF ANY E-MAIL TO BE RECEIVED DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION OF THE INTERNET, Trilegiant Corporation SITES, OR ANY COMBINATION THEREOF, AND/OR FOR (3) ANY INJURY OR DAMAGE TO USERS COMPUTERS OR ANY OTHER COMPUTER RESULTING FROM DOWNLOADING ANY MATERIALS RELATING TO THIS SITE.
* You will earn 5% money back on the first $5,000.00 of all purchases made within the LiveWell network of preferred brands. Your total cash back is payable to you in a check upon submitting your monthly receipts evidencing your eligible purchases and totaling not more than $5,000.00 in the aggregate, at each anniversary of your enrollment in this program. You will have a full 90 days following your anniversary date to redeem the cash rebates you earn each year. You do not have to be an active member at time of redemption. However, you must have been an active member at time of purchase. You continue to earn cash back as long as you are an active member of this program. LiveWell.net is a service provided by Trilegiant Corporation, which may modify or improve any part of the service at any time and without prior notice.
Hotel Savings Network® is a registered service mark of Affinion Publishing, LLC.
Cruise Access®, Dining Access®, Hotel Access®, Recreation Access® and Access are registered trademarks of Access Development.
© 2009, Access Development
© 2007, Trilegiant Corporation