AGREEMENT (“Agreement”) made between Trilegiant Corporation (“Trilegiant”), a Delaware corporation with offices at 6 High Ridge Park, Stamford, CT 06905, providing a service called MobileSure (“MS”), and the person specified on the reverse side of this form (“You”). The MS program, the Benefits (as defined below), together with any and all other services or products offered to You through your membership materials that arrived via mail shall be referred to collectively as either “Product” or “Service.” By enrolling in the Service, You agree to be bound by the terms of this Agreement.
1. SERVICE — (a) The Benefits that Trilegiant shall provide to You during the term of your MS membership shall include: (i) Cell Phone Service Contract1; (ii) Personal Operator Assistance Service2; (iii) Cash-Back Certificates3; (iv) International Mobile Phone Rental; and (v) Emergency Message Relay4 ((i)-(v) are collectively referred to herein as “Benefits”). (b) MS cash back reimbursement requests are considered based solely upon written materials received from You. All invoices, receipts, and other documentation must be in writing and are subject to verification. (c) To be eligible for the Benefits, your membership in MS must be active at the time of Benefit usage and when the event giving rise to such Benefit usage occurs. (d) Trilegiant reserves the right to change the terms and conditions of this Agreement at any time without notice. Trilegiant may cancel this Agreement upon written notice and refund of the current term's membership fee, unless the reason for such termination is your failure to pay or your misuse of the MS Service.
2. WHO MAY USE — You agree that You will use the Cell Phone Service Contract Benefits only on behalf of You, the owner of the registered mobile phone, and You will use the other MS Benefits only on behalf of yourself, your spouse, and your dependent children under the age of 18 residing in your household. You will be responsible for all use of your membership number and must notify Trilegiant immediately of any unauthorized use of your membership number or the theft or misplacement of your membership number. The MS Service may not be used for business or commercial purposes.
3. LIABILITY — TRILEGIANT AND ITS AFFILIATES SHALL HAVE NO LIABILITY TO YOU AS A SELLER OF ANY PRODUCTS OR VENDOR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVE PRODUCTS. NEITHER TRILEGIANT NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS OR SERVICES SOLD OR INFORMATION DELIVERED OR PROVIDED TO YOU IN CONNECTION WITH THE MS SERVICE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND TRILEGIANT AND ITS AFFILIATES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. TRILEGIANT'S AND ITS AFFILIATES' AGGREGATE LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF THE MS MEMBERSHIP FEE. THE PROVISIONS OF THIS SECTION 3 SHALL NOT LIMIT THE AMOUNT OF ANY BENEFIT AMOUNTS YOU ARE ENTITLED TO UNDER THE MS SERVICE AS EXPRESSLY SET FORTH IN YOUR MEMBERSHIP MATERIALS, SUBJECT TO THE TERMS AND CONDITIONS THEREIN. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION OR EXPIRATION OF THIS AGREEMENT.
4. 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 American Arbitration Association under its 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.
5. MEMBERSHIP FEE — For your convenience, at the end of your 30-day risk-free review period the $9.99 monthly membership fee, or then-current membership fee, will be automatically billed to your credit card account (designated the billing source), selected at the time of enrollment, unless You call to cancel during your review period.
6. 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 month and bill the then-current renewal fee to your designated billing source.
7. RIGHT TO CANCEL MEMBERSHIP; AUTOMATIC CANCELLATION — (a) You have the right to cancel this Agreement at any time. You may cancel this Agreement by calling 1-866-345-5126 or writing to: MobileSure, PO Box 41867 — Nashville, TN 37204-1867, Attention: Membership Department. Cancel this Agreement during your 30-day review period, and You will owe nothing; 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 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 MS Benefits, including your Cell Phone Service Contract 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 MS Benefits until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source. (c) In order to access the Benefits included within the MS membership, we require that the MS membership fee be paid when due. (d) The maximum total dollar limit for coverage we will have to You under the Cell Phone Service Contract during the term of your MS membership is $2,000, not including any replacement fees paid by You. We will have satisfied all of our obligations under the MS Service once You have reached this maximum total life-time dollar limit and your MS membership shall be automatically cancelled at such time.
1 For a description of the Cell Phone Service Contract Benefits and limitations, please review the Cell Phone Service Contract on this site.
3 Your MobileSure membership materials will include cash-back certificates. You can redeem one certificate in each quarter of each of your active MS membership years. For the first year, You can receive $10 for the first quarter, $15 for the second quarter, $25 for the third quarter, and $50 for the fourth quarter. For each subsequent year, You can receive $25 each quarter. Simply send a copy of your cell phone expenses for each quarter with each certificate to get money back.
4 Service available only in the United States, Puerto Rico, and the U.S. Virgin Islands.
MobileSure is provided by Trilegiant Corporation in conjunction with Trilegiant Insurance Services, Inc. Any part of this service may be modified or improved at any time and without prior notice. MobileSure is a service mark of Affinion Publishing, LLC.