Shown below are the current CompleteHome Terms and Conditions. Please refer to your membership kit 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 specified on the accompanying CH membership card ("you" or the "Member"). You and Trilegiant Corporation agree as follows:
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, 1-800-232-HOME (4663), to utilize such benefits.
(a) Online/Offline access to the CompleteHome Shopping Outlet for ordering of discount home-related products;
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.
"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 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, as are items purchased in the independent vendors areas of the The Shopping Outlet website (a current example is the Art For Less area). 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 credit will 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 credit call 1-800-307-3137. This Low Price Guarantee is not insurance and this description is not an insurance policy or contract for insurance.
The following additional terms apply for members joining after August 1, 2003: Claims for price adjustments for camcorders and video games must be made with in 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.
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.
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.
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. MEMBERSHIP FEE - For your convenience, at the end of your 30-day risk-free trial period, the membership fee will be automatically billed to the credit or debit account you designated when you enrolled in CompleteHome, unless you call to cancel during your trial. The membership fee will be billed in accordance with the billing terms furnished to you upon enrollment in CompleteHome.
8. RENEWALS - Unless you notify CompleteHome that you do not wish to renew your membership, CompleteHome will automatically renew your membership at the end of each term and bill the then-current renewal fee to your designated billing source.
9. RIGHT TO CANCEL MEMBERSHIP - You have the right to cancel the Agreement at any time. You may cancel this Agreement by calling 1-800-232-HOME (4663) or writing to: CompleteHome, PO Box 41277, Nashville, TN 37204, Attention: Membership Department. Cancel this agreement during your 30-day trial and you will owe nothing more; at any time thereafter you may be eligible for a refund of the unused portion of the current term's paid membership fee. Please refer to your membership kit for additional information. You will remain liable for any other fees, purchases, or charges to be paid pursuant to this Agreement.
10. 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.
11. 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.
12. 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 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 CompleteHome or your downloading of any materials, data, text, images, video or audio from this site.
13. 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 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.