Terms and Conditions
made between Trilegiant Corporation (Trilegiant), a Delaware corporation
with offices at 6 High Ridge Park, Stamford, CT 06905, providing
a service called AutoVantage, called ATV, and the person whose membership
number and access code were entered to access AutoVantage (You).
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 (or to the related checking account) 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 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.
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, writing to AutoVantage, P.O. Box 41219, Nashville, TN 37204, Attention: Membership Department, emailing email@example.com, or clicking the cancel link on the Customer Center page at www.autovantage.com. If you cancel during your trial period, you will will not owe any monthly membership fee. 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.