Terms and Conditions
Shown below are the current
CompleteHome Terms and Conditions. Please refer to the membership kit you'll
receive for any specific terms and conditions applicable to your membership.
This AGREEMENT is made between Trilegiant Corporation, a Delaware corporation
with offices at 100 Connecticut Avenue, Norwalk, Connecticut 06850, providing
a service called CompleteHome ("CH"), and the person who accepts this
offer ("you" or the "Member"). You and Trilegiant Corporation
agree as follows:
WITNESSETH:
1. CH BENEFITS - The CH benefits which Trilegiant Corporation shall provide
to you during the term of the membership are listed below in items (a) through
(d). Such benefits may be modified or discontinued by Trilegiant Corporation
at any time with or without notice. You may call toll free, 1.800.349.4899,
to utilize such benefits.
(a) Online/Offline access to the CompleteHome Shopping Outlet for ordering of
discount home-related products;
(b) Access to Free How-To Guides (up to 10 per request);
(c) Contractor Solutions Center powered by ServiceMagic;
(d) Money-saving Extra Member's Discount coupons;
(e) Discounts for when you move, such as cash bonus or commission credit when
you buy/sell a home, and moving van line discounts; and
(f) Various discounted or no-cost communications, such as free access to the
Members-Only www.completehome.com Web page, free quarterly newsletters, and
discounts on home improvement books.
2. ORDERING GOODS AND SERVICES -
(a) In General. With respect to orders from the CompleteHome Shopping Outlet
and any other orders of goods or services by you from Trilegiant Corporation
(but not from ServiceMagic, its network of contractors, or other third parties),
Trilegiant Corporation shall be your agent for the purpose of executing orders
on your behalf for such products and services. Trilegiant Corporation shall
not be deemed a merchant, vendor, manufacturer, or supplier of any product or
service ordered by you and at no time does title to any such product or service
pass to Trilegiant Corporation. Trilegiant Corporation shall be entitled to
a commission on each order placed on your behalf equal to the difference between
the purchase price quoted to and accepted by you for the merchandise or service
and the amount actually paid by Trilegiant Corporation to the vendor.
(b) Return Policy. If within 60 days of ordering merchandise from the CompleteHome
Shopping Outlet (but not from ServiceMagic, its network of contractors, or other
third parties) you are not satisfied with your purchase, Trilegiant Corporation
will replace the item or provide a credit for the full merchandise amount, except
that notebook and handheld computers must be returned within 15 days of purchase
for a refund. Simply call a Trilegiant Corporation Customer Service representative
at 1-800-562-8888 to receive return instructions. To avoid a restocking charge,
you must return your merchandise in the original box and packing, including
all the accessories and the owner's manual. Thus, do not destroy or discard
the packaging for any merchandise for at least 60 days. The value of any missing
accessories will be deducted from the credit amount of a return. Personalized
items, opened personal care items, domestics, pierced earrings, computer software
items, computer disks, printer cartridges, and phone cards are not returnable.
(c) Low Price Guarantee. If you see a dated, printed advertisement from an authorized
dealer showing a lower price for exactly the same item you purchased from the
CompleteHome Shopping Outlet within 60 days of your purchase (15 days for computer
products, digital cameras, camcorders, and video games), you are entitled to
a refund for the difference in price - plus 100%! (Example: If you buy a product
for $100 and find the product elsewhere for $90, the CompleteHome Shopping Outlet
will give you a refund for $20.00). Also, if we lower our own prices within
60 days of your purchase (15 days for computer products, digital cameras, camcorders,
and video games), on exactly the same item that you purchased from the CompleteHome
Shopping Outlet, we will gladly refund the difference between the old and new
prices. "Exactly the same" means an item with the same model number,
manufacturer's U.S. warranty and accessories as the one you bought from the
CompleteHome Shopping Outlet. The advertised, lower-priced model must be from
an authorized dealer for that product. Pagers, cellular phones, motorized vehicles,
demonstration models, items purchased at limited sales, one-of-a-kind items,
food products and collectibles items are excluded. A dated print ad from a retailer,
URL, or printout must be submitted. Only these items will be considered as proof
for the refund. We reserve the right to limit sales and benefits (including
Low Price Guarantee) to resellers. Calculation of the amount of your refund
will take into account sales tax and shipping. This Low Price Guarantee is not
insurance and this description is not an insurance policy or contract for insurance.
Claims for price adjustments for camcorders, computers, digital cameras, and
video games must be made within fifteen (15) days of purchase. Refunds are limited
to a maximum of three (3) claims on any one type of item per Member per twelve-month
period and up to a maximum of $1,000 per Member per twelve-month period. Please
allow 2 weeks for response to your claim. For information on how to receive
your price-difference refund call 1-800-307-3137.
(d) Automatic Extended Two-Year Warranty: Anytime you purchase an item through
the CompleteHome Shopping Outlet, Trilegiant Corporation will automatically
extend the manufacturer's U.S. warranty to two years from the date of purchase,
at no additional charge. Your CH membership must be active at the time of the
extended warranty claim. Only products that come with a manufacturer's U.S.
warranty are eligible.
3. CH BENEFITS SUBJECT TO MODIFICATION/DISCONTINUANCE - The benefits, discounts,
services and special offers described in the accompanying materials have specific
limitations and exclusions which are described in these Terms and Conditions
and in such materials. Trilegiant Corporation reserves the right to modify or
eliminate any services or benefits or any participating merchants, benefit providers,
vendors, or suppliers, and to provide notification to you of these changes through
the Customer Service "800" number or otherwise if and when you seek
to utilize such services or benefits or to obtain them from such persons. In
the event any such goods or services are not available to you, Trilegiant Corporation is not responsible for any refund to you due to merchant, benefit provider, vendor, or supplier closure, discontinuance with CH, or restrictions. CH reserves the right to deny enrollment to any person for any reason including persons who have enrolled in and cancelled a CH membership within the preceding 60 days.
4. WHO MAY USE - You agree that you will use your CH membership 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 and must notify CH immediately
of any unauthorized use of your membership, or theft or misplacement of your
membership number or card. Merchandise and services purchased using your membership
may not be used for resale.
5. LIABILITY - (a) In General. Trilegiant Corporation and its parent, subsidiary,
affiliates, and employees (collectively, the "Trilegiant Corporation Parties")
shall have no liability to you as a seller or provider of any products or services,
including, without limitation, any liability for any defective products or services.
The goods, services, and other benefits offered to you as a member of CH are
in most cases provided by independent third parties who are not employees of
the Trilegiant Corporation Parties, and accordingly, the Trilegiant Corporation
Parties assume no liability for any losses or other damages arising out of the
actions of, or goods or services provided by, such independent third parties.
Any claims for losses or other damages to the property or person of a Member
or other individual must be filed against the appropriate third party. TRILEGIANT
CORPORATION 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 TRILEGIANT
CORPORATION SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES. THE TRILIGIANT CORPORATION PARTIES' LIABILITY TO YOU SHALL IN NO EVENT
EXCEED THE AMOUNT OF THE CH MEMBERSHIP FEE. The Trilegiant Corporation Parties
shall have no liability for any delay in delivery for any cause beyond Trilegiant
Corporation's control, including delay due to Trilegiant Corporation's benefit
providers, union disputes, or factory production schedules.
(b) Contractor Solutions network is powered by servicemagic Inc. ("servicemagic").
In using any and all services provided by servicemagic, including, but not limited
to Contractor Solutions in whole or in part, on the CompleteHome Website or
offline, you acknowledge that none of the Trilegiant Corporation, CH, or servicemagic
parties is acting as your general contractor, agent, or lawyer. The servicemagic
terms and conditions apply to your use of any and all services provided by servicemagic,
including Contractor Solutions. Please click here to view these ServiceMagic
Terms & Conditions .
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. Any dispute arising between
you and Trilegiant will be submitted to arbitration in the State of Connecticut
in accordance with the rules of the American Arbitration Association then in
effect. Nothing shall deprive you of the benefits of your state's consumer protection
laws. 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. MEMBERSHIP FEE - The fee will be billed to the credit card account or debit
card you authorized when you enrolled in the program, in accordance with the
billing terms furnished to you upon your enrollment in the Service.
8. RIGHT TO CANCEL MEMBERSHIP - You have the right to terminate this Agreement
at any time, and will not be billed for any additional months, by calling toll
free 1.800.349.4899 (9am - 8pm Mon.-Fri. or 10am - 6pm Sat. ET) or writing
to CompleteHome, P.O. BOX 1028, Trumbull, CT 06611-9683, Attention: Membership
Department.
9. PROPRIETARY RIGHTS - All information and software provided through CompleteHome
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.
10. TERMINATING THE COMPLETEHOME SITE - Trilegiant Corporation retains the right
at any time and from time to time to discontinue or modify, or temporarily or
permanently terminate CompleteHome (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.
11. VIRUSES; DESTRUCTION OF THE SITE - By participating on the CompleteHome.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 CompleteHome or to disobey
any requirements, procedures, policies or regulations of networks connected
to CompleteHome ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE OUR 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 CompleteHome or your downloading of any materials, data, text, images, video
or audio from our site.
12. TECHNICAL ISSUES - By utilizing CompleteHome, you acknowledge that technical
processing and transmission of CompleteHome, 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 OUR 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 THE COMPLETEHOME SITE.
13. ELECTRONIC COMMUNICATIONS - Trilegiant, at its option, may communicate with
You regarding the CH 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 CH service and/or
postings to the CH 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 CH
service, payment and billing authorizations, and other matters relating to your
use of the CH 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 CH 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.