Shown below are the current Great Fun Terms and Conditions. Please refer to your membership kit for specific terms and conditions applicable to your membership. AGREEMENT made between Trilegiant Corporation, a Delaware corporation with offices at 6 High Ridge Park, Stamford, CT 06905, providing a service called Great Fun, called "GF," and the person specified on the accompanying GF membership card.
WITNESSETH:
1. SERVICE: (a) The service which Trilegiant Corporation shall provide to you during the term of the membership shall include: i) savings on family entertainment, shopping and leisure activities ii) savings on travel-related services/packages and iii) dining discounts at participating locations. (b) Trilegiant Corporation shall provide to you on a timely basis documents necessary for you to obtain travel services which you have ordered from Trilegiant Corporation. Subject to the cancellation and refund policies of the providers of our travel services ("Vendors"), upon receipt of your request to cancel an order for services you placed through GF, Trilegiant Corporation shall use its reasonable best efforts to obtain from the Vendor a refund of any amount you paid for such order, less any applicable cancellation fees or penalties. c) Trilegiant Corporation reserves the right to change the terms and conditions of this Agreement at any time. Trilegiant Corporation may cancel this Agreement upon written notice, and refund of the current term's membership fee.
2. WHO MAY USE: You agree that you will use GF 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 Corporation immediately of any unauthorized use of your membership number, or theft or misplacement of the membership number.
3. LIABILITY: (a) Trilegiant Corporation shall have no liability in regard to any services provided or to be provided, by any Vendor. You agree that any claim with regard to services shall be made against the Vendor of such services and not Trilegiant Corporation. Trilegiant Corporation's sole obligation hereunder shall be to forward to the Vendor all payments for services ordered, and to forward to you all necessary documents. (b) Trilegiant Corporation and its subsidiaries, and affiliates assume no responsibility nor 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 of them 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. Trilegiant Corporation shall have no liability in the event any itinerary or arrangements are altered by Vendor. Any information provided by Trilegiant Corporation to you is subject to change without notice. All services ordered are subject to the availability of such services from the Vendor.
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 GF, 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: Your membership fee will be billed to the credit card account or debit card (or to the related checking account) (in each case, designated the billing source) you authorized when you enrolled in the program, in accordance with the billing terms furnished to you upon your enrollment in the Service.
6. RENEWALS: Unless you notify Trilegiant Corporation that you do not wish to renew your membership, Trilegiant Corporation will automatically renew your membership at the end of each term and bill the membership fee to the designated credit card. 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: (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: Great Fun, P. O. Box 41248 , Nashville, TN 37204, email [EMAIL="[email protected]"][email protected][/EMAIL] 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 Great Fun 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 Great Fun benefits, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
8. CONFIDENTIALITY: All information and software provided through GF 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.
9. TERMINATING THE GF SITE: Trilegiant Corporation retains the right at any time and from time to time to discontinue or modify, or temporarily or permanently terminate the GF 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.
10. 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 GF or to disobey any requirements, procedures, policies or regulations of networks connected to GF. 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 GF or your downloading of any materials, data, text, images, video or audio from this site.
11. TECHNICAL ISSUES: By utilizing GF, you acknowledge that technical processing and transmission of GF, 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.