As a member of the Program, You have access to savings, discounts, and other benefits on specified products and services, and through specified retailers, most of which are offered by or arranged through third party providers and suppliers who are independent from Us as the Administrator. Please refer to your membership materials and the Website for all relevant information in connection therewith.
Your Program membership, in accordance with the membership offer You accepted, is a monthly subscription membership plan. Your membership is active immediately and automatically continues on a month-to-month basis until membership is cancelled. Unless You notify Us beforehand that You wish to cancel Your membership by following the cancellation instructions described below, Your membership in the Program is renewed automatically on the same date of each calendar month. The payment of Your Program membership fees, including any enrollment or processing fees or shipping and handling charges where such apply, are made automatically by a charge to the payment source, a credit card or debit card or other billing source, authorized by You at the time You enrolled, in accordance with the payment terms to which You agreed. We and You agree that Your non-cancellation or continued use of the Program constitutes a re-affirmation of Our authorization from You to charge Your payment source $24.95 on the monthly recurring basis. The charge will appear on your next credit card statement as TRAVELSAVE 8886896730.
RIGHT TO CANCEL MEMBERSHIP. You have the right at any time to cancel Your membership and terminate further billing by calling the Program toll free customer service number 1-833-419-8374 which is listed in these membership materials and at the Website or by notifying Us in writing at Travel Super Saver, P.O. Box 187 Branch Place D’armes, Montreal, Quebec H2Y 3G7, Canada. You may also email Us at firstname.lastname@example.org. Your cancellation will be effective promptly upon the receipt of Your cancellation request. Upon cancellation, You will not owe any further membership fees.
Electronic Communication. You consent to receive communications from the Program and its Administrator about Your membership by notices posted at the Website, as determined by the Administrator in its sole discretion. Where You have provided the Program with Your email address, You also consent to receive communications from the Program and its Administrator about Your membership by email. You agree that any requirement that a disclosure, notice, agreement or other communication be sent to You in writing is satisfied by this electronic communication and that such shall be deemed for all purposes to be a "writing" or "in writing" in compliance with all requirements for a writing.
UNLESS OTHERWISE EXPRESSLY STATED, WE, FOR OURSELVES AND OUR SPONSORS, BUSINESS PARTNERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS AND LICENSORS, MAKE NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH YOUR USE OF THE PROGRAM, ITS BENEFITS AND SERVICES AND/OR THE PROGRAM WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, FOR OURSELVES AND OUR SPONSORS, BUSINESS PARTNERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES FOR AND IN RELATION TO THE PROGRAM, ANY BENEFIT OR SERVICE, THE CONTENT OF ANY MEMBERSHIP MATERIALS OR THE PROGRAM WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE.
NO ADVICE OR INFORMATION GIVEN BY US OR ANY OF OUR SPONSORS, BUSINESS PARTNERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS AND LICENSORS SHALL CREATE A WARRANTY. USE OF ANY SERVICE OR PRODUCT ACCESSED THOUGH THE PROGRAM IS AT YOUR OWN RISK AND IS NOT WARRANTED. YOU ACKNOWLEDGE AND AGREE THAT ALL SERVICES, PRODUCTS, MEMBERSHIP MATERIAL CONTENT AND THE PROGRAM WEBSITE (INCLUDING THIRD PARTY PROVIDED INFORMATION AND CONTENT), ARE PROVIDED ON AN 'AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE TERMS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.
WE DO NOT IN CONNECTION WITH ANY ACCESS TO AND USE BY YOU OF THE PROGRAM WEBSITE PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. WE MAKE NO WARRANTY THAT THE SERVICES AND PROGRAM WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS YOU OBTAIN FROM YOUR USE OF THE PROGRAM WEBSITE OR QUALITY OF THE SERVICES, PRODUCTS, INFORMATION OR MATERIALS PURCHASED BY YOU WILL MEET YOUR EXPECTATIONS. UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE BY YOU ON INFORMATION OBTAINED THROUGH THE MEMBERSHIP MATERIALS, PROGRAM WEBSITE OR ANY LINKED TO SITE THEREFROM, OR RELIANCE BY YOU ON ANY PRODUCT OR SERVICE DESCRIBED THEREIN OR SOURCED THEREFROM.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR SPONSORS, BUSINESS PARTNERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE PROGRAM, ITS WEBSITE OR ITS BENEFITS OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, UNLESS LIMITED BY APPLICABLE LAW).
YOU ACKNOWLEDGE WE HAVE NO LIABILITY TO YOU (I) AS A SELLER OF ANY PRODUCTS OR SERVICES PROVIDED OR MANUFACTURED BY OTHERS, INCLUDING NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE SERVICES OF ANY MERCHANT, TRAVEL PROVIDER OR TRANSPORTATION CARRIER, OR OTHER SUPPLIER OF SERVICES AND PRODUCTS; (II) FOR DEFECTIVE OR NONCONFORMING PRODUCTS OR SERVICES; OR (III) FOR DELAYS IN DELIVERY, OR FOR ANY FAILURE BY ANY VENDOR, PRODUCT OR SERVICE PROVIDER OR SUPPLIER TO HONOR THE APPLICABLE DISCOUNT OR OTHER TERMS OF ANY OFFER.
If You do encounter a problem with any service please contact Us, We will always try to assist You in resolving the matter. However, notwithstanding anything to the contrary contained herein, Our aggregate liability to You for any cause whatsoever, and regardless of the form of action, if any disclaimer of warranty or limitation of liability as described above is otherwise found to be invalid or unenforceable in whole or in part for any reason, and should We be adjudged in a competent proceeding to be liable, will at all times be limited to the cancellation of Your membership and the lesser of (a) one thousand U.S dollars ($100) or (b) the total amount in fees paid by You to Us for Your Program membership preceding the date of the claim. Some jurisdictions do not allow certain limitations on liability, only limitations that are lawful in the applicable jurisdiction will apply to You and Our liability will be limited to the maximum extent permitted by law.
You agree to defend, indemnify and hold Us (including Our officers, directors, employees and agents) harmless from and against any and all claims, liabilities, damages, losses and expenses, including settlement amounts. reasonable attorneys' fees and costs, arising out of or connected in any way with Your access to and use of the Program and/or Program Website including any use or purchase by You of any products or services of any merchant through the Program.
You hereby release Us (including Our officers, directors, employees and agents), unless and to the extent prohibited by applicable law, from any and all claims or liability arising out of or connected in any way with Your use or purchase by You of any products or services of any merchant through the Program including any Merchant's failure to honor a discount or otherwise comply with applicable law.
Please read carefully. This is an important and material term and condition of this Membership Agreement. Please refer to Your Membership Agreement at the Website for the full and complete terms of this important provision.
WE AND YOU AGREE THAT ANY DISPUTE, DEMAND, CLAIM OR CONTROVERSY (WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF YOUR ENROLLMENT IN THE PROGRAM AND THIS AGREEMENT) ARISING OUT OF OR RELATING IN ANY WAY TO YOUR MEMBERSHIP IN THE PROGRAM, MANNER OF ENROLLMENT OR YOUR USE OF THE PROGRAM SERVICES OR WEBSITE, INCLUDING BUT NOT LIMITED TO THE MARKETING/ADVERTISING OF THE PROGRAM, YOUR ACCEPTANCE OF MEMBERSHIP AND MEMBERSHIP ADMINISTRATION INCLUDING MEMBERSHIP FEE BILLING AND THE PROVISION OF MEMBERSHIP SERVICES, IF NOT RESOLVED INFORMALLY BETWEEN YOU AND US, WILL BE RESOLVED ONLY BY BINDING AND CONFIDENTIAL ARBITRATION INSTEAD OF IN A COURT OF GENERAL JURISDICTION. There are only two limited exceptions to arbitration that We and You hereby agree upon (e.g., an individual claim in small claims court or an injunctive claim to preserve an intellectual property right) and those are described in the full recitation of this provision contained in Your Membership Agreement displayed at the Website, which further describes the arbitration process to apply to You and Us. Otherwise binding arbitration is a requirement acknowledged by You and Us to be mandatory and absolute. Arbitration replaces the right to go to court. We and You agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply. There is no judge or jury in arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE BOUND TO ARBITRATION AS THE FORUM AND METHOD TO RESOLVE ALL DISPUTES (save for the limited circumstance referenced) AND THAT YOU ARE KNOWINGLY AND VOLUNTARILY RELINQUISHING ANY RIGHT TO TRIAL BY JURY IN A COURT OF LAW.
For all disputes, You must first give Us an opportunity to resolve Your claim by sending a written description of Your claim to Us at Membership Services, P.O. Box 187 Branch Place D’armes, Montreal, Quebec H2Y 3G7, Canada. You and We each agree to negotiate with each other in good faith about Your claim. If We do not resolve the claim within 60 days after We receive Your claim description, You may pursue Your claim in arbitration. There are only two limited exceptions to this mandatory and binding arbitration requirement. First is that You and We retain the right to pursue, on an individual basis only, in a small claims court any claim that is within that court's jurisdiction. If a claim proceeds in court there will be no jury trial. You and We unconditionally waive any right to trial by jury in any action, proceeding or counterclaim. Second is that if and to the extent a dispute arises from any claim from a violation of Our or Your intellectual property rights, the aggrieved party may file an action for injunctive (or other equitable) relief in a judicial forum subject to the terms of this Membership Agreement.
In any proceeding brought by You against Us in arbitration or small claims court, We agree not to seek reimbursement of Our attorney's fees from You.
Either You or We may commence an arbitration proceeding. The American Arbitration Association (AAA) will arbitrate all disputes, and its Supplementary Procedures for Consumer-Related Disputes shall apply. Unless You and We agree otherwise, the arbitration will take place in the county of Your billing address. The arbitration proceeding will be conducted before a single commercial arbitrator. Upon filing of the arbitration demand, We agree to pay all filing and arbitrator fees for claims that total less than $750. For claims that total $750 or more, the payment of filing and arbitrator fees will be governed by the AAA Rules. Apart from the above, We agree to advance or reimburse filing fees and other fees if the arbitrator determines there is good reason for requiring Us to do so or We determine there is good cause for doing so, whether or not You ask Us to do so. Our intention is to prevent Your arbitration costs from being cost-prohibitive as compared to litigation costs. During the arbitration, the amount of any settlement offer made by Us or You shall not be disclosed by the recipient of the offer to the arbitrator until after the arbitrator determines the amount, if any, to which You or We are entitled. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees, except that incidental, special, consequential, exemplary or punitive damages may not be awarded. The arbitrator shall not be authorized to treat any claim on a class action or representative basis. For claims in regard to which You provided prior written notice and negotiated in good faith as required before initiating arbitration, if the arbitrator finds that You are the prevailing party in the arbitration and awards You monetary relief in an amount greater than what We had offered You to settle the dispute but less than $1500, We agree to pay You $1500 instead of the amount awarded to You. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon in a court of competent jurisdiction.
CLASS ACTION WAIVER: YOU MAY NOT BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT NOR MAY YOU BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE A PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU EXPRESSLY, BY THIS ARBITRATION PROVISION, WAIVE THESE RIGHTS. NO ARBITRATION OR OTHER PROCEEDING MAY BE JOINED, CONSOLIDATED OR COMBINED WITH ANOTHER ARBITRATION OR OTHER PROCEEDING. THE ARBITRATOR WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS OR REPRESENTATIVE BASIS AND MAY ONLY HEAR YOUR INDIVIDUAL DISPUTE. THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
This Arbitration provision shall survive any termination of Your Program membership or this Agreement.. If unsuccessful in settling a dispute through direct discussions, either party may, notwithstanding any of the above, elect to endeavor first to settle the dispute by mediation by phone administered by the AAA before resorting to arbitration.
The service marks and trademarks, logos, text and graphics displayed at the Website ("intellectual property") are Our property, or in some instances the intellectual property of other parties and are protected by copyright, patents, trademarks, trade secrets, and/or other proprietary rights, including under the Canadian patent, trademark and copyright laws. The Program name and its logos are owned by Us and are protected by state and federal laws. We own a copyright in the Website and in the selection and arrangement of its content. You may not copy, publish, transmit, distribute, display, sell, create derivative works of, or in any way exploit any of the content, in whole or in part, or any element of the Website without Our prior written consent. As a member in the Program and for as long as you remain a member, You are permitted by limited license to have access to and to use the Website and its services and benefits for Your personal use, subject to and revocable at any time by Us in accordance with these Terms. You do not acquire any ownership rights by downloading copyrighted material. You have no rights in or to the Program, its services or benefits or in or to any other property of Ours except as we indicate in these Terms.
You agree, in accessing and using the Website, its benefits and services, not to engage in any activity, including any activity that would violate any state, federal or other law, which would interfere with any other users use and enjoyment of the Website. This includes not uploading or otherwise transmitting through the Website any viruses or other harmful files or attempting to access any information, communication, files, text, graphics or software You are not authorized to access or otherwise disrupting or interfering with the security of this Website or any accounts or passwords through which access to this Website is obtained. Further You shall not create a false identity through the Website or upload, transmit or otherwise make available content that may expose Us or any users of the Website to any harm or liability.
Your Program membership is non-transferable and is limited to You. Your membership in the Program may not be used by You for commercial purposes. The Program reserves the right to cancel Your membership at any time for fraud, abuse of member privileges or any other reason which in the reasonable discretion of the Administrator justifies such course of action. Please notify the Program promptly should there be any unauthorized use of Your membership card or number. We reserve the right to revise these Terms from time to time so You should periodically return and review these Terms for any changes.
YOU HAVE BY YOUR MEMBERSHIP IN THE PROGRAM AS WELL AS BY ACCESSING AND USING THE WEBSITE OR USING ANY BENEFITS OR SERVICES OF THE PROGRAM AGREED TO AND ACCEPTED ITS TERMS AS SET FORTH HEREIN. (SEE FULL RECITATION OF THIS PROVISION CONTAINED WITHIN THE TERMS AND CONDITIONS OF MEMBERSHIP AND USE DISPLAYED AT THE WEBSITE)
Images and logos appearing within any Program membership materials or Website describing the Program are for illustrative purposes. The trademarks and service marks of parties other than those of the Administrator appearing therein (including brand and product names and logos) are the registered marks and property of third parties. Such marks where exhibited are intended to refer specifically to the products and services of such parties that are indicated as being available for purchase by Program members. The appearance of such marks does not suggest or imply any sponsorship, affiliation or endorsement of the Program by the trademark or service mark owner.