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Great
Options Terms and Conditions
These
terms shall constitute the agreement between Trilegiant Corporation,
a Delaware corporation with offices at 100 Connecticut Ave., Norwalk,
CT 06850, providing a service called Great Options, and you, the
end user of this service. Trilegiant Corporation, its subsidiaries,
affiliates, officers and employees shall be collectively referred
to herein as "Trilegiant," and this Web site, www.greatoptions.com,
the Great Options program, the Benefits (as defined below), together
with any and all other services or products offered to you through
your membership materials that arrived in the mail or on or through
this Web site shall be referred to collectively as either "Great
Options" or "Service."
1.
SERVICE: (a) The Service shall include the benefits generally described
as follows: i) travel discounts and reservations on airfare, cruises,
hotels, car rentals, and condo accommodations; (ii) a Low Price
Guarantee described below; (iii) a 5% Cash-Back Bonus on eligible
travel purchased through Great Options from its designated vendors
for cruises, tours, and vacation packages and for any GORPtravel,
Inc. Adventure Vacations, (some hotel discounts, taxes, and other
miscellaneous expenses may not apply); (iv) airline savings certificates
redeemable towards eligible ticket purchases; v) the Entertainment®
restaurant discounts program; vi) CompUSA’s discounted computer
training classes; (vii) Harvard Health Publications’ Harvard Health
Letter; (viii) Vacation Publications’ Where to Retire magazine;
(ix) SpaWish discount spa certificates; (x) Ameritrade® brokerage
services; (xi) AdvancePCS and Heartland prescription drug discount
programs; and (xii) any other benefits that are offered to you at
the time you become a Great Options member. These benefits shall
be referred to individually and collectively as the "Benefit" or
the "Benefits."
(b) Trilegiant reserves the right to change or modify the terms
and conditions of this agreement (referred to as the "Agreement"
or "Terms") at any time and without notice, and you agree to be
bound by such changes or modifications. Your use of Great Options
and/or this Web site constitutes acceptance of and is governed by,
the Terms herein and any additional terms that were provided to
you in your membership materials at the time you become a Great
Options member. Trilegiant may cancel this Agreement at any time
and refund your current term’s fee, in accordance with section 10
below.
(c) 5% Cash Bonus: 5% Cash Bonus only applies to tours, cruises,
and vacation packages reserved through Great Options with designated
vendors. Please refer to your membership materials for a complete
listing of designated vendors. All reservations are subject to
availability and travel restrictions may apply. For 5% cash bonus
redemption, mail itinerary and all original receipts within 45 days
after returning from your trip to: Great Options, Bonus Dept., P.O.
Box 5250, Glen Allen, VA 23058-5250. Cash Bonus is only applicable on
designated travel purchased through Great Options agents. Hotels at
HalfPrice®, meals, taxes, gratuities, and other miscellaneous expenses do not apply.
(d) Airline Savings Certificates: Two Savings Certificates provide
up to $200 in savings from American Airlines® or American Eagle®
destinations in the U.S. to destinations in the U.S., Canada, Mexico,
and the Caribbean: Each certificate saves you $20 to $100 on one
ticket of $148 to $618 or more. Two Savings Certificates provide
up to $250 in savings from American Airlines destinations in the
U.S. to destinations in Europe: Each certificate saves you $75 to
$125 on one ticket of $539 to $859 or more. Two Savings Certificates
provide up to $250 in savings from American Airlines destinations
in the U.S. to destinations in Central America and South America:
Each certificate saves you $75 to $125 on one ticket of $539 to
$859 or more. Individual adult round-trip purchase is required and
blackout periods apply. American Airlines and American Eagle are
registered trademarks of American Airlines, Inc. American Eagle
is American Airlines regional airline associate.
(e) Low Price Guarantee: Trilegiant shall match the price or refund
the difference between the price you paid on all airline, car rental,
or hotel purchases through Great Options and any lower rate, verified
to the satisfaction of Trilegiant. The lower rate must be for your
specific itinerary, date, departure time, destination, location,
and type of service. To obtain the refund, you must notify Trilegiant
of any claim within 30 days of departure and provide proof of availability
at the time of the booking of the same travel arrangements at a
lower price. Rates must be published and available to the general
public at the time of booking on an individual booking basis (charter,
tour packages, consolidator rates, and group rates excluded).
(f) The Entertainment® program with regional dining guides for
restaurant discounts, AdvancePCS discount program through
participating pharmacies and Heartland mail order catalog, complimentary
six-month subscription to Harvard Health Publications’ Harvard Health Letter,
complimentary subscription to Vacation Publications’ Where to Retire magazine,
CompUSA’s discounted computer training classes, SpaWish discount spa
certificates and any other Benefits that are offered to you at the time you
become a Great Options member or thereafter (collectively, "Benefits") may be
provided through independent third parties ("Providers") who are not affiliated
with Trilegiant. These Providers may have additional costs, restrictions,
and proprietary terms and conditions governing your use, receipt,
or purchase of any of their goods or services that are offered as
Great Options membership Benefits. There may also be other requirements
or restrictions associated with your redemption of the Great Options
Benefits. All these terms and conditions (whether through Providers
or directly through Great Options) will be included in your membership
materials. For example, certain Benefits such as the Heartland mail
order catalog and the Entertainment regional dining guide will be
sent to you only if you return the business reply card in your membership
materials for that particular Benefit. Your acceptance, activation
and/or use of these Benefits (whether through Providers or directly
through Great Options) constitutes your acknowledgement that (i)
you have reviewed and agreed to said special Benefits’ costs, restrictions,
terms and conditions, and their incorporation as part of this Agreement
and (ii) any inconsistency that exists between this Agreement and
the terms and conditions of the Benefits will be resolved by Trilegiant
in its sole discretion and that you will be bound by such decisions.
2. WHO MAY USE: You agree that you will use Great Options only on
behalf of yourself, your spouse, and your dependent children under
the age of 18 residing in your household. You will be responsible
for all use of your Benefits and must notify Great Options immediately
of any loss, theft, unauthorized or other inappropriate use of your
membership number or the Benefits.
3. OWNERSHIP: Except as noted herein or as otherwise expressly indicated:
(a) this Service and all titles, names, logos, slogans, and designs
used in connection with this Service are trademarks of Trilegiant
or its licensors and (b) all text, materials, software, graphics,
and other content contained on this Service are the copyrighted
property of Trilegiant or its licensors. Except as expressly stated
on the Web site, no materials on this Service may be reproduced,
altered, linked to, or further distributed without Trilegiant’s
prior written permission.
4. DISCLAIMERS; LIMITATION OF LIABILITY: TRILEGIANT AND ITS PROVIDERS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE
AND BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, TITLE, FREEDOM FROM ERROR, INTERRUPTION,
COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
TRILEGIANT AND ITS PROVIDERS MAKE NO WARRANTY REGARDING ANY BENEFITS
UTILIZED OR ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE SERVICE OR ANY OTHER TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRILEGIANT AND
ITS PROVIDERS MAKE NO WARRANTY THAT THE SERVICE OR BENEFITS WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO TRILEGIANT
OR ITS PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS,
USEFULNESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRILEGIANT, ITS PROVIDERS,
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
THE SERVICE MAY PROVIDE LINKS OR REFERENCES TO OTHER WEB SITES.
HOWEVER, TRILEGIANT HAS NO CONTROL OVER OR RESPONSIBILITY FOR CONTENT
ON THIRD PARTY SITES AND TRANSACTIONS THAT OCCUR THEREIN. TRILEGIANT
HAS PROVIDED LINKS TO OTHER WEB SITES MERELY AS A CONVENIENCE TO
YOU, AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM
CONTENT ON SUCH THIRD PARTY WEB SITES OR TRANSACTIONS OCCURRING
THEREIN. THE TERMS AND CONDITIONS AND PRIVACY POLICIES GOVERNING
THE SERVICE MAY DIFFER SIGNIFICANTLY FROM THE POLICIES OF THIRD-PARTY
WEB SITES. THERE ARE RISKS IN USING ANY INFORMATION, SOFTWARE, OR
PRODUCTS FOUND ON THE INTERNET OR IN OTHERWISE ENTERING INTO TRANSACTIONS
THROUGH THE INTERNET. ACCORDINGLY, TRILEGIANT CAUTIONS YOU TO MAKE
CERTAIN YOU UNDERSTAND THESE RISKS AND ANY APPLICABLE POLICIES OF
THIRD-PARTY WEB SITES BEFORE RETRIEVING, USING, RELYING UPON, OR
PURCHASING ANYTHING, OR BEFORE OTHERWISE TRANSACTING VIA THE INTERNET.
IN NO EVENT SHALL TRILEGIANT OR ITS PROVIDERS (INCLUDING THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES)
BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES, EVEN IF TRILEGIANT OR ITS PROVIDERS HAVE
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE
THE SERVICE, OR THE PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS,
AND MATERIALS AVAILABLE FROM OR THROUGH THE SERVICE, OR TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE, OR THE INTERNET GENERALLY.
IN NO EVENT SHALL THE AGGREGATE, TOTAL LIABILITY OF TRILEGIANT OR
ITS PROVIDERS (OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
AGENTS, REPRESENTATIVES, OR AFFILIATES) TO YOU FOR ALL DAMAGES,
INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT,
OR OTHERWISE) ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE
OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH TRILEGIANT OR ITS
PROVIDERS EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY
YOU IN RESPECT OF YOUR USE OF THIS SERVICE FOR THE CURRENT MEMBERSHIP
TERM OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
5. INDEMNIFICATION: You agree to indemnify and hold Trilegiant,
its Providers, and their respective parents, subsidiaries, affiliates,
officers, directors, employees, agents, and representatives harmless
from any claim, loss, liability or demand, including legal fees,
made by any third party due to or arising out of your unauthorized
use of the Service or your violation of these Terms.
6. 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.
7. YOUR CONDUCT: You are solely responsible for the contents of
your transmissions through the Service. Your use of the Service
is subject to all applicable local, state, national and international
laws and regulations. You agree: (1) to comply with all applicable
laws, rules, and regulations regarding your use of the Service,
including, without limitation, applicable US law regarding the transmission
of data exported from the United States through the Service; (2)
not to use the Service for illegal purposes; (3) not to interfere
with or disrupt networks connected to the Service; (4) to comply
with all regulations, policies, and procedures of networks connected
to the Service; and (5) to comply with these Terms.
8. MEMBERSHIP FEE: The Great Options membership fee will be billed
to the credit card account you designated when you enrolled in this
Service at the end of the trial period. Your membership fee and
trial period are stated in your membership materials.
9. RENEWALS: Unless you notify Trilegiant that you do not wish to
continue your membership in Great Options, Trilegiant will automatically
renew your membership for the Service at the end of each billing
term and automatically bill the then-current fee to your previously
designated credit card, without you having to do anything further.
10. RIGHT TO CANCEL SERVICE: You and Trilegiant have the right to terminate this Agreement at any time. You may cancel this Agreement by calling 1-800-722-4545 or writing to: Great Options, P.O. Box 1071, Trumbull, CT 06611-9683. Absent any breach of these Terms and your proper payment of all sums due for goods or services purchased prior to the date you call to cancel your Great Options membership, you can receive a refund of the membership fee for that term, in accordance with the terms on the reverse. You will remain liable for any other fees or charges to be paid pursuant to this Agreement, including any purchases made by you as a Member.
*For 5% Cash Bonus redemption: Save your itinerary and all of the
original receipts. Write your name, address, and membership number
on them and mail within 45 days of your return to: Great Options,
Bonus Dept., P.O. Box 5250, Glen Allen, VA 23058-5250. The 5% bonus
applies only to designated travel purchased through Great Options.
Hotels at HalfPrice®, group travel, meals, taxes, gratuities, and
other miscellaneous expenses do not apply. Membership must be active
at time of request and redemption. See section (c) above for more
details.
HalfPrice Hotel Card® and Hotels at HalfPrice® are registered trademarks
of Entertainment Publications Operating Company, Inc. Ameritrade
is a registered service mark of Ameritrade Holding Corporation.
Great Options is a service provided by Trilegiant Corporation, which
may modify or improve any part of the service at any time and without
prior notice. Great Options is a service mark of Cendant Publishing,
Inc.
©
2008 Trilegiant Corporation
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