Clever Clubhouse Membership Terms and Conditions:

These terms shall constitute the agreement between Trilegiant Corporation ("Trilegiant"), a Delaware corporation with offices at 6 High Ridge Park, Stamford, CT, 06905, providing a service called Clever Clubhouse ("CCH") and you, the end user of this service, as specified on your CCH fulfillment kit ("you" or the "Member"). Trilegiant Corporation, its subsidiaries, affiliates, officers, and employees shall be collectively referred to herein as "Trilegiant," and the Web site www.cleverclubhouse.com, together with the Benefits (as defined below) shall be referred to collectively as either "Clever Clubhouse," "CCH," or the "Service."

1. SERVICE — The service which Trilegiant shall provide to you shall consist of the following benefits ("Benefits"): I) Access to the Web site www.cleverclubhouse.com with content provided by ALFY, Inc. for one Parent Account and up to three Child Sub-Accounts, II) access to the online CCH Parent Control Center, III) access to the Clever Letter, a periodic email with site updates and activities (also available online through the Parent Control Center), and IV) access to our Customer and Technical Assistance Services. An Internet connection is needed to access these Benefits, and all such Internet connection charges are the sole responsibility of the member.

Trilegiant reserves the right to change or modify the terms and conditions of this agreement (referred to as the "Agreement" or "Terms") at any time and without notice, and you agree to be bound by such changes or modifications. Your use of CCH and/or their Web site constitutes acceptance of the Terms herein. Trilegiant may cancel this Agreement at any time, in accordance with section 8 below.

Your activation of and participation in the Benefits constitutes: (a) Your acceptance of all terms and conditions, scope of coverage, and limitations on liability, as they currently exist or as they may be changed by Trilegiant in the future, and as such terms and conditions, scope of coverage, and limitations on liability relate specifically to these Benefits (b) Your assent to the incorporation of these Benefit terms and conditions as part of this Agreement; and (c) Your agreement that any inconsistency that exists between this Agreement and the terms and conditions of the Benefits will be resolved by Trilegiant in its sole discretion and that you will be bound by such decisions.

2. WHO MAY USE — You agree that you will use CCH on behalf of yourself, your spouse and your dependent children or persons of whom you are the legal guardian, to the extent such usage is available through the Benefits. You are responsible for ensuring the confidentiality of your user name and password, and you will be responsible for all uses of your member number, user name and password, whether or not authorized by you. You must notify CCH immediately of any unauthorized use of your member number, user name and password, or theft or misplacement of the membership number. You are responsible for creating Child sub-accounts, keeping your parent account password confidential and ensuring that there will be no children accessing the service via the Parent account.

3. DISCLAIMERS LIMITATION OF LIABILITY — TRILEGIANT AND ITS THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

TRILEGIANT AND ITS THIRD-PARTY PROVIDERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO TRILEGIANT OR ITS THIRD-PARTY PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS, USEFULNESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.TRILEGIANT AND ITS THIRD-PARTY PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRILEGIANT, ITS THIRD-PARTY PROVIDERS, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.THE SERVICE MAY PROVIDE LINKS OR REFERENCES TO OTHER WEB SITES THROUGH THE PARENT CONTROL CENTER AND/OR EMAIL COMMUNICATIONS TO THE MEMBER ONLY. THESE LINKS TO THIRD-PARTY WEB SITES DO NOT HAVE TO BE ACCESSED IN ORDER TO UTILIZE THE CLEVER CLUBHOUSE WEB SITE. TRILEGIANT HAS NO CONTROL OVER OR RESPONSIBILITY FOR CONTENT, THE TERMS AND CONDITIONS OR THE PRIVACY POLICY IN EFFECT ON ANY THIRD-PARTY SITES NOR DOES IT HAVE ANY RESPONSIBILITY FOR TRANSACTIONS THAT OCCUR THEREIN. TRILEGIANT HAS PROVIDED LINKS TO OTHER WEB SITES MERELY AS A CONVENIENCE TO YOU, AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM CONTENT ON SUCH THIRD-PARTY WEB SITES OR TRANSACTIONS OCCURRING THEREIN. THE TERMS AND CONDITIONS AND PRIVACY POLICIES GOVERNING THE SERVICE MAY DIFFER SIGNIFICANTLY FROM THE POLICIES OF THIRD-PARTY WEB SITES. THERE ARE RISKS IN USING ANY INFORMATION, SOFTWARE, OR PRODUCTS FOUND ON THE INTERNET OR IN OTHERWISE ENTERING TRANSACTIONS THROUGH THE INTERNET. ACCORDINGLY, TRILEGIANT CAUTIONS YOU TO MAKE CERTAIN YOU UNDERSTAND THESE RISKS AND ANY APPLICABLE POLICIES OF THIRD-PARTY WEB SITES BEFORE RETRIEVING, USING, RELYING UPON, OR PURCHASING ANYTHING, OR BEFORE OTHERWISE TRANSACTING, VIA THE INTERNET.

IN NO EVENT SHALL TRILEGIANT OR ITS THIRD-PARTY PROVIDERS (INCLUDING THEIR RESPECTIVE EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF TRILEGIANT OR ITS THIRD-PARTY PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, OR THE PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM OR THROUGH THE SERVICE, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, OR THE INTERNET GENERALLY. IN NO EVENT SHALL THE AGGREGATE, TOTAL LIABILITY OF TRILEGIANT OR ITS THIRD-PARTY PROVIDER (OR ITS RESPECTIVE EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES) TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR ANY OTHER ASPECT OF YOUR RELATION WITH TRILEGIANT EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY YOU IN RESPECT OF YOUR USE OF THIS SERVICE FOR THE CURRENT MEMBERSHIP TERM OR (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

4. MATERIALS AND CONTENT CONTAINED IN THE SERVICE — All materials and content contained in the Service, (including any form of media on or through which any portion of the Service is provided to you) are the copyrighted property of Trilegiant, ALFY, Inc., its subsidiaries or affiliated companies, and/or third party licensors. All trademarks, service marks, brands, trade dress, logos, characters and trade names are proprietary to Trilegiant, ALFY, Inc., its subsidiaries or affiliated companies, or their third party licensors. No material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except to the limited extent that such usage is required as part of the normal usage of the Service and the Web site explicitly directs you to take such action.

5. 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, and/or AMA, any of such parties may elect to have it resolved by proceeding in small claims court or by final and binding arbitration administered by 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.

6. MEMBERSHIP FEE - Your membership fee will be billed to the credit or debit card account (or to the related checking account) you designated when you enrolled in the program, in accordance with the billing terms furnished to you upon your enrollment in the Service.

7. RENEWALS - Unless you notify Trilegiant that you wish to cancel your membership, Trilegiant will automatically renew your membership at the end of each membership term and automatically bill the then-current renewal fee to your previously designated credit or debit card without your having to do anything further.

8. RIGHT TO CANCEL MEMBERSHIP - (a)You have the right to terminate this Agreement at any time. You may cancel this Agreement by calling 1-888-617-CLUB (1-888-617-2582) or writing to Clever Clubhouse, P.O. Box 41427, Nashville, TN, 37204, Attention: Online Membership Department. If you cancel this Agreement during your trial period, you will owe nothing further. If you discontinue your membership at any time after the trial period, 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 Program 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 program benefits until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.

[back to top]