This agreement (“Agreement”) is made between True North Loyalty, LLC, a Delaware limited liability corporation, providing a subscription savings program called Savings Zoo (“SZ” or the “Program”), and the purchaser of the SZ subscription (referred to herein as “you”). By enrolling in the Program, you agree to be bound by the terms of this Agreement.
WITNESSETH:
1. SERVICE – (a) The services and benefits which SZ provides to you during the term of your SZ subscription shall include the following: (i) a dining and leisure activities discount service through which the Program has subcontracted with a provider for the purpose of securing discounts for dining at participating restaurants and discounts for leisure activities at participating attractions (where prohibited by law, discounts for alcoholic beverages are excluded); (ii) shopping discounts; and (iii) discounts on certain travel services. Additional terms are provided on the SZ website, www.savingszoo.enjoymydeals.com. As a subscriber, you have access to a toll-free number, 833-888-4460, that will assist you in using the services described above. (b) True North Loyalty shall not be deemed a merchant, vendor, or supplier of any product or service provided to you through SZ. (c) True North Loyalty reserves the right to change the terms and conditions of this Agreement at any time and without notice. True North Loyalty may terminate this Agreement upon written notice and refund you the current term’s membership fee unless the reason for such termination is your failure to pay or your misuse of SZ in which event no such refund will be made to you.
2. WHO MAY USE – You agree that you will use the Program’s services 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. To the extent applicable, any merchandise purchased through SZ may not be used for resale.
3. LIABILITY – (a) TRUE NORTH LOYALTY AND ITS AFFILIATES SHALL HAVE NO LIABILITY TO YOU AS A SELLER OF ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVE PRODUCTS, PROVIDED TO YOU THROUGH THE PROGRAM. NEITHER TRUE NORTH LOYALTY NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR INFORMATION DELIVERED OR PROVIDED TO YOU IN CONNECTION WITH THE PROGRAM, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER TRUE NORTH LOYALTY NOR ANY OF ITS AFFILIATES WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR OTHER VENDORS. NEITHER TRUE NORTH LOYALTY NOR ANY OF ITS AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES DESCRIBED HEREIN OR YOUR REQUEST, USE OR ATTEMPTED USE OF SUCH SERVICES. IN NO EVENT SHALL TRUE NORTH LOYALTY AND ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF THE PROGRAM SUBSCRIPTION FEE PAID BY YOU TO TRUE NORTH LOYALTY. TRUE NORTH LOYALTY AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY DELAY OR FAILURE IN PERFORMANCE OR DELIVERY DUE TO ANY CAUSE BEYOND THEIR CONTROL, INCLUDING DELAY DUE TO UNION DISPUTES OR FACTORY PRODUCTION SCHEDULES. (b) All Vendors operate independently of, and are not under the control of, the Program in any way. The Program may provide an index page or other description on the Program’s Web Site of certain Affiliated Merchant’s terms which is for convenience only. Neither True North Loyalty nor any of its affiliates is responsible for changes to, or discontinuance of, any special offer or coupon code. It is your responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are listed or are not listed on the Affiliated Merchant’s landing page, we cannot guarantee that you will be eligible to receive a discount and/or cash back on your purchases. You understand that neither True North Loyalty nor any of its affiliates operate or control the products or services offered by third parties, promotional partners or participating Affiliated Merchants or other Vendors. Third-party Web sites and online merchants accessed through the Program are responsible for all aspects of order processing, order fulfillment, shipping and handling, billing and customer service. True North Loyalty’s sole obligation hereunder shall be to forward to the applicable Vendor all payments for services or products ordered. True North Loyalty is not a party to the transactions entered into between you and the Vendors with which you choose to do business. If you buy products or services from any Vendor you become a customer of such Vendor and therefore must direct any comments, complaints or inquiries regarding your purchases to such Vendor, and not to True North Loyalty. All rules, policies (including privacy policies) and operating procedures of those Vendors will apply to you while you are using those Vendors’ Web sites or local store locations. No reference to a third party product or service indicates an endorsement by the Program. True North Loyalty reserves the right to eliminate merchants, including Affiliated Merchants, vendors, or suppliers (collectively, “Vendors”), as participants in the Program. Program members can locate participating Vendors online at www.savingszoo.enjoymydeals.com. True North Loyalty is not responsible for any refund to you or any effect on accrual of cash back due to Vendor closure, discontinuance as a participant in the Program, or restrictions in the event their products or services are no longer available to you. (c) You agree that any claim with regard to services or products shall be made against the Vendor of such services or products, as applicable, and not True North Loyalty. Any information provided by True North Loyalty to you is subject to change without notice. All services ordered are subject to the availability of such services from the applicable Vendor. (d) The terms of this Section 3 shall survive any termination, cancellation or expiration of this Agreement.
4. INDEMNIFICATION – YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TRUE NORTH LOYALTY, ITS AFFILIATES, VENDORS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE PROGRAM, THE VIOLATION OF THIS AGREEMENT BY YOU, OR THE INFRINGEMENT BY YOU OR ANY OTHER USER OF THE PROGRAM USING YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY COMMUNICATION SENT BY YOU OR ANY OTHER USER OF THE PROGRAM USING YOUR ACCOUNT.
5. 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.
6. ARBITRATION – You and True North Loyalty 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 True North Loyalty as well as its corporate affiliates. You agree that, by entering into this Agreement, you and True North Loyalty 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 TRUE NORTH LOYALTY 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 True North Loyalty 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 6 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.
7. SUBSCRIPTION FEE – For your convenience, your subscription fee will be automatically billed to the credit or debit card account (or to the related checking account) you designated when you enrolled in Savings Zoo (designated the billing source), in accordance with the billing terms furnished to you upon your enrollment in Savings Zoo.
8. RENEWALS – Unless you notify the Program that you do not wish to renew your membership, True North Loyalty will automatically renew your membership at the end of each term and bill the then-current renewal fee to the credit or debit card account (or to the related checking account) designated by you when you joined Savings Zoo. 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.
9. RIGHT TO CANCEL MEMBERSHIP – (a) You have the right to cancel this Agreement at any time. You may cancel this Agreement by calling 833-888-4460 or by writing to: Savings Zoo, 606 Post Road East, # 610, Westport CT 06880. Cancel this Agreement during your trial, and you will owe nothing further; 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 True North Loyalty determines it is unable to bill the membership fee due hereunder to your designated billing source, True North Loyalty shall have the right to terminate this Agreement without notifying you, in which event you will no longer have access to any of the Program benefits. In addition to True North Loyalty’s termination rights set forth above, True North Loyalty may elect in its sole discretion to keep this Agreement in effect, but suspend your access to all of the Program benefits, until such time (if any) as True North Loyalty is able to bill the membership fee due hereunder to your designated billing source.
10. CONFIDENTIALITY – – All information and software provided through the Program is and shall remain the sole and exclusive property of True North Loyalty. 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. NO AGENCY RELATIONSHIP – Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between True North Loyalty and the Affiliated Merchants or between True North Loyalty and any other Vendor. Neither the Affiliated Merchants nor any other Vendor shall have the ability to create any obligation on behalf of True North Loyalty.
12. TERMINATING THE PROGRAM’S WEB SITE – True North Loyalty retains the right at any time and from time to time to discontinue or modify, or temporarily or permanently terminate, the Program’s Web Site (or any part thereof) with or without notifying you. If True North Loyalty discontinues the Program’s Web Site, True North Loyalty will not be liable to you or any third party for such discontinuance, modification or termination.
13. VIRUSES; DESTRUCTION OF THE PROGRAM’S WEB SITE – By participating on the Program’s Web 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 the Program’s Web Site or to disobey any requirements, procedures, policies or regulations of networks connected to the Program’s Web Site. ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THE PROGRAM’S WEB SITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF SUCH SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS; IF SUCH AN ATTEMPT IS MADE, TRUE NORTH LOYALTY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM THE USER TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. True North Loyalty 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 the Program’s Web Site or your downloading of any materials, data, text, images, video or audio from such site.
14. TECHNICAL ISSUES – – By utilizing the Program, you acknowledge that technical processing and transmission of the Program’s Web Site, 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. TRUE NORTH LOYALTY MAKES NO WARRANTY THAT THE FUNCTIONS OF THE PROGRAM’S WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT ANY ERRORS ON SUCH SITE WILL BE CORRECTED. TRUE NORTH LOYALTY ASSUMES NO RESPONSIBILITY FOR (I) ANY PROBLEMS RELATING TO TECHNICAL MALFUNCTION OR DELAYS OF TELEPHONE NETWORKS OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, (II) FAILURE OF ANY E-MAIL TO BE RECEIVED DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION OF THE INTERNET, TRUE NORTH LOYALTY SITES, OR ANY COMBINATION THEREOF, AND/OR FOR (III) ANY INJURY OR DAMAGE TO USERS’ COMPUTERS OR ANY OTHER COMPUTER RESULTING FROM DOWNLOADING ANY MATERIALS RELATING TO THE PROGRAM’S WEB SITE.
15. ELECTRONIC COMMUNICATIONS: True North Loyalty, at its option, may communicate with you regarding the Program by mail, by telephone or by electronic communications. True North Loyalty may communicate with you electronically by means of electronic mail to the e-mail address you provide when you sign up for the Program and/or postings to the Program’s website. True North Loyalty may communicate electronically to you the following types of communications: Membership Terms and Conditions (including any amendments thereto), notices or disclosures regarding the Program, payment and billing authorizations, and other matters relating to your use of the Program. may contact True North Loyalty at the telephone number and address listed above to request another electronic copy of an electronic communication without a fee. You may contact True North Loyalty 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. True North Loyalty reserves the right to terminate your use of the Program if you decline or withdraw your consent to receive electronic communications from True North Loyalty. You will need the following software and hardware to access electronic communications sent to you by True North Loyalty as part of your Program membership: PC or MAC compatible computer, Internet access, a working e-mail address, and Internet Browser (Internet Explorer version 8.0 and greater, Chrome and Firefox). 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. Savings Zoo is a service provided by True North Loyalty, which may modify or improve any part of the service at any time and without prior notice. Savings Zoo is a registered mark of True North Loyalty, LLC. © 2018, True North Loyalty © 2018, Access Development