Terms & Conditions
This AGREEMENT is made between Trilegiant Corporation ("Trilegiant"), a Delaware corporation with offices at 6 High Ridge Park, Stamford, Connecticut 06905, providing a service called CompleteHome ("CH"), and the person specified in your CH membership materials ("you" or the "Member"). By enrolling in CH, you agree to be bound by the terms of this Agreement. You and Trilegiant agree as follows:
1. CH BENEFITS— (a) The CH benefits which Trilegiant shall provide to you during the term of your membership are listed below in items (i) through (vi). Such benefits may be modified or discontinued by Trilegiant at any time with or without notice. You may call toll free, 1-800-232-4663, to utilize such benefits.
(i) Online/offline access to the Trilegiant CompleteHome Shopping Outlet for ordering home-related products at a discount;
(ii) Access to How-To Guides (up to 10 guides per request);
(iii) Contractor Solutions powered by Home Advisor;
(iv) Money-saving Home Savings Coupons;
(v) Personal Moving Advisor and cash bonuses or commission credits ("Cash Rewards") when you buy or sell a home. Due to state restrictions, (1) Personal Moving Advisor and Cash Rewards are not available to residents of Iowa and (2) Cash Rewards are not available to residents of Alaska, Oklahoma, Mississippi, and Louisiana;1 and
(vi) Interstate moving services offering access to discounts off the maximum rate authorized to be charged for such services by Allied Van Lines and North American Van Lines.
(b) Trilegiant may terminate this Agreement upon written notice and refund to you the current term's membership fee unless the reason for such termination is your failure to pay or your misuse of the CH service.
2. ORDERING GOODS AND SERVICES — (a) Return Policy. If within 60 days you are not satisfied with your shopping purchase(s), we will replace the item or provide a credit for the full merchandise amount. Notebook and handheld computers must be returned within 15 days of purchase. Simply call a Customer Satisfaction Representative at 1-800-562-8888 to receive return instructions. To avoid a restocking charge, please return your merchandise in the original box and packing, including all the accessories and the owner's manual. Do not destroy or discard packaging for 60 days. The value of missing accessories will be deducted from the credit amount of a return. Personalized items, opened personal care, domestics, pierced earrings, computer software items, computer disks, printer cartridges, phone cards, and special order merchandise are not returnable. (b) Low Price Guarantee: If you see a printed advertisement from an authorized dealer showing a lower price for exactly the same item you purchased from CH within 60 days of your purchase (15 days for computer products, digital cameras, camcorders, and video games), you are entitled to a refund for double the difference between the lower price and the CH price. (Example: If you buy a product for $100 and find the product elsewhere for $90, CH 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 CH, we will 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 CH. 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, or other collectible items are excluded. This Low Price Guarantee is not insurance and this description is not an insurance policy or contract for insurance. 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. Calculation of the amount of your refund will not take into account sales tax and shipping. Please allow 2 weeks for response to your claim. For information on how to receive your price difference refund, call 1-800-562-8888. (c) Automatic Extended Two-Year Warranty: Anytime you purchase an item through the Trilegiant shopping service, Trilegiant will automatically extend the manufacturer's U.S. warranty up 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. (d) We reserve the right to limit sales and benefits (including Low Price Guarantee) to resellers.
3. CH BENEFITS SUBJECT TO MODIFICATION/DISCONTINUANCE — Trilegiant 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 toll-free 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 is not responsible for any refund to you due to merchant, benefit provider, vendor, or supplier closure, discontinuance with CH, or restrictions.
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 the theft or misplacement of your membership number or card. Merchandise and services purchased using your CH membership may not be used for resale.
5. LIABILITY — (a) In General. Trilegiant and its subsidiaries, affiliates, and employees (collectively, the "Trilegiant 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 Parties, and accordingly, the Trilegiant 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 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 SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THE TRILEGIANT PARTIES' AGGREGATE LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF THE CH MEMBERSHIP FEE. The Trilegiant Parties shall have no liability for any delay in delivery for any cause beyond Trilegiant's control, including delay due to Trilegiant's benefit providers, union disputes, or factory production schedules. (b) Contractor Solutions powered by Home Advisor. In using any and all services provided by Home Advisor, you acknowledge that none of the Trilegiant Parties, CH, or Home Advisor is acting as your general contractor, agent, or lawyer. It is your responsibility to select a contractor and to negotiate the terms for any work performed, not that of the Trilegiant Parties, CH, or Home Advisor. You should consult with appropriate expert advisers to assist in your home improvements, including a lawyer regarding contracts, permits, and other necessary job documentation, and an insurance professional regarding the contractor's and your own insurance coverage requirements. None of the Trilegiant Parties, CH, or Home Advisor (i) recommends or endorses any specific contractor or architect, (ii) provides advice on which contractor or architect to select, or (iii) screens contractors' personal credit or legal standing. CH, Trilegiant, Home Advisor, and their respective subsidiaries, affiliates, employees, and agents assume no liability for any losses or other damages arising out of the actions of or the services provided by such independent contractors, except for Trilegiant's limited $1,000 Service Guarantee. Work will be covered to the extent that it is incomplete, not in compliance with the terms of any binding contract, or not within normal standards of workmanship. This coverage is limited to the amount of actual financial cost to correct the work, but will in no event exceed $1,000. All claims must be made within 30 days after the job is completed. All contracts and receipts must be provided upon request for each specific project. For coverage under this Service Guarantee, you must be an active CH member at the time the tradesperson is referred, the work is performed, and the Service Guarantee claim is made. When making a claim under this Service Guarantee, you must provide a professional estimate of the cost to repair the work for each specific project. This coverage is voided under any of the following circumstances: (1) during the course of the job, a tradesperson or contractor outside CH Contractor Solutions is used to perform part of the job; (2) materials not supplied by the CH tradesperson are used in the job; or (3) the work involves carpet cleaning and/or maid service. Any claims for losses or other damages to the property or person of a member or other individual arising out of such contracted services must be filed against the independent contractor. Home Advisor only performs initial screening of contractors' business credit and legal standing based upon specified objective criteria, relying on electronic data provided by third parties and on statements made by contractors and service providers and their references to determine which contractors and service providers to include in its approved database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a contractor's record may have occurred which were not captured by the third party data sources used. (c) The terms of this Section 5 shall survive any termination, cancellation, or expiration of this Agreement.
6. GOVERNING LAW — 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. The terms of this section shall survive any termination, cancellation or expiration of this Agreement.
7. ARBITRATION — You and Trilegiant agree that any claim or dispute ("Claim") between us shall, at the election of either of us, be resolved by binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims against Trilegiant as well as its corporate affiliates. You agree that, by entering into this Agreement, you and Trilegiant are each waiving the right to a trial by jury or to participate in a class action. At your request, we will pay the first $125 of your arbitration fees. You will be solely responsible for your arbitration fees and costs in excess of $125. The arbitrator may award declaratory 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. YOU AND TRILEGIANT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Trilegiant agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. If the specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision in this Section 7 shall be null and void. Notwithstanding any of the foregoing provisions, either party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this section shall survive any termination, cancellation or expiration of this Agreement.
8. MEMBERSHIP FEE — For your convenience, your membership fee will be automatically billed to the credit or debit card account (or to the related checking account) you designated when you enrolled in CH (in each case, the designated billing source), in accordance with the billing terms furnished to you upon your enrollment in CH.
9. RENEWALS — Unless you notify Trilegiant that you do not wish to renew your membership, Trilegiant will automatically renew your membership at the end of each term and bill the then-current 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.
10. RIGHT TO CANCEL MEMBERSHIP — (a) You have the right to cancel this Agreement at any time. You may cancel this Agreement by calling 1-800-232-4663, writing to: CompleteHome, P.O. Box 41277, Nashville, TN, 37204 Attention: Membership Department, emailing email@example.com or clicking the cancel link on the Contact Us page. If you cancel this Agreement during your 30-day trial, you will owe nothing further. If you cancel this Agreement at any time thereafter, you will owe nothing further. You will remain liable for any other fees 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 CH 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 CH benefits, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
11. 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 e-mail 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 also request a paper copy of the terms of the payment authorization without a fee. You may contact Trilegiant at the same telephone number or e-mail 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 CH 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 e-mail 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 computer's disk or other storage device.
1 Residents of Kansas and Tennessee will receive any Cash Rewards for which they are eligible in the form of a gift card as required by applicable state law. Residents of New Jersey and Oregon will receive any Cash Rewards for which they may be eligible in the form of a credit to their closing costs incurred in connection with their purchase or sale, as applicable, of their home. State restrictions are subject to change without notice. Please consult your Personal Moving Advisor for additional restrictions that may apply.
All CompleteHome services and benefits are provided by Trilegiant Corporation and its third-party providers. Trilegiant Corporation may modify or improve any part of the service at any time and without prior notice. CompleteHome is a registered service mark of Affinion Publishing, LLC.
©2012 Trilegiant Corporation