Terms and Conditions
AGREEMENT
made between Trilegiant Corporation (Trilegiant), a Delaware corporation
with offices at 100 Connecticut Avenue, Norwalk, Connecticut 06850, providing
a service called AutoVantage, called ATV, and the person whose membership
number and access code were entered to access AutoVantage (You).
WITNESSETH:
1. SERVICE (a) The service which Trilegiant shall provide to you during
the term of the membership shall include the following auto-related services:
i) New and Used Auto Summaries, automobile pricing, and dealer-referral service
via a toll-free phone number; and ii) Discounts on parts and labor at participating
service centers and new car dealers. iii) Motor Club benefits are provided by
Brickell Financial Services Motor Club, Inc. dba Road America Motor Club. Services
may vary to conform with the laws of your state. AutoVantage covers all towing
costs up to $80 per occurrence. The service provides up to three (3) emergency
assistance calls per membership year. If additional emergency assistance is
requested, service will be dispatched; however, the member will be responsible
for charges incurred. Additional restrictions may apply.
(b) It is understood and agreed by the parties that ATV is an auto information
service. Our network of licensed auto dealers and repair facilities is available
to sell cars and provide new car prices and auto maintenance service to members.
(c) ATV reserves the right to change or modify the terms and conditions of this
Agreement at any time and without notice. ATV may cancel this Agreement upon
written notice and refund of the current terms membership fee.
2. WHO MAY USE You agree that you will use ATV only for your own behalf
and for the members of your immediate family residing in your household. You
will be responsible for all use of your membership number and must notify Trilegiant
immediately of any unauthorized use of your membership number, or theft or misplacement
of the membership number.
3. LIABILITY (a) Trilegiant shall have no liability to you as a seller
of any products or vendor services, including, without limitation, any liability
for any defective products. ATV MAKES NO 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 ATV SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. ATVs liability to you shall in no event exceed
the amount of the ATV membership fee. ATV shall have no liability for any delay
in delivery for any cause beyond ATVs control, including delay due to
union disputes or factory production schedules.
(b) ATV shall not be responsible for any errors or omissions, including information
in the Auto Summaries, price changes, or out-of-stock vehicles. Information
on car makes, models, maintenance discounts, access telephone numbers, and procedures
is subject to change without notice.
4. 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 any dispute
between you and Trilegiant, either of us may elect to have it resolved by proceeding
in small claims court or by 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.
5. MEMBERSHIP FEE The current terms membership fee for AutoVantage
will be billed to your designated credit or debit card on the terms described in your
membership materials.
6. RENEWALS Unless you notify ATV that you do not wish to renew your
membership, ATV will automatically renew your membership at the end of each
term and bill the then-current renewal fee to your designated billing source.
7. RIGHT TO CANCEL MEMBERSHIP You have the right to terminate this Agreement
at any time. You may cancel this Agreement by calling 1-877-259-2696 or by writing
to AutoVantage, P.O. Box 1038, Trumbull, CT 06611, Attention: Membership Department.
If you cancel during your trial period, you will owe nothing. If you cancel
this Agreement at any time after your trial period, you will not be billed for
any additional months. You will remain liable for any other fees or charges
to be paid pursuant to this Agreement.
8. ELECTRONIC COMMUNICATIONS Trilegiant, at its option, may communicate
with You regarding the ATV 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 ATV service and/or
postings to the ATV 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 ATV
service, payment and billing authorizations, and other matters relating to your
use of the ATV 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 request a paper copy of the terms of the payment authorization,
and Trilegiant may charge You a fee to provide such paper copy. 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 ATV 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 computers disk or other storage device.