The following is the Membership Agreement between the Provider of the Membership Service (We and Us) and the enrolled member of the Membership Service (You). YOU ARE URGED TO READ THIS MEMBERSHIP AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL OUR CUSTOMER SERVICE REPRESENTATIVES AT THE NUMBER ON YOUR MEMBERSHIP CARD OR LISTED ON YOUR AMERICAN TRAVEL PLUS FULFILLMENT KIT.
1. Program Offer. By placing your order you are enrolling in AMERICAN TRAVEL PLUS program and you will be entitled access to all the money-saving benefits available to Program members for the next 14 to 30 days depending on your trial period and you will be charged a NOMINAL non-refundable Processing Fee, which covers the cost of shipping and handling for your fulfillment kit. Your Membership Fee will automatically be charged to the billing source authorized by you at the end of the trial membership period. If you decide to cancel within the trial period, simply call the toll-free number listed on the website (www.americantravelplus.com) or on your Membership Card and you will owe only the Processing Fee.
2. Membership Benefits. As a Member, You are entitled access to discounts and/or other benefits on certain products and services offered by participating vendors ("Benefits") as explained in your Membership Materials or on the program website. Some Benefits may not be available in your area. See Membership Materials or Program website for details and limitations.
3. Membership Term. Upon expiration of your trail period, your Membership will automatically be extended on a month to month ongoing basis and the monthly membership fee disclosed to your during your call or within your written materials will automatically be billed to the designated credit card or other billing source authorized by YOU at the time you enrolled. You are limited to one Membership per twelve-month period. Your membership will continue unless You notify Us that You wish to terminate this Agreement and cancel your Membership by following the instructions in paragraph 13, your Membership will be renewed automatically each month or annually and You will be charged the then-current Membership Fee which will appear on your credit/debit card statement. This is known as a Continuity Plan. We reserve the right to increase or decrease the Renewal Fee for each new Membership Term.
5. Payment of Membership Fee. The payment of your Processing Fee or Membership Fee (and, if applicable, any shipping and handling charges) is made automatically by a direct charge(s) to the billing source authorized by you in accordance with the payment terms to which you agreed. If applicable, in the event that your billing source cannot process the Membership Fee due to insufficient available credit or funds, we may at our discretion, divide the Membership Fee into incremental charges in order to process the total Membership Fee.
6. Use of Membership. Your Membership is non-transferable. You agree that only you and your immediate family may use the Membership. "Immediate Family" means you, your spouse or partner and your children living at your home. Membership Benefits are not for resale. You will promptly notify us if you become aware of any unauthorized use of your Membership card or Membership number, or if your Membership card is lost or stolen. You are limited to one gift per Program. In offers that include the opportunity to claim a free gift, you must be an active member of the Program at the time your claim for the gift is processed.
7. Refund Policy. WE WILL NOT REFUND YOUR MEMBERSHIP PROCESSING FEE OR ANY MONTHLY OR ANNUAL MEMBERSHIP FEE WHERE SERVICE WAS AVAILABLE FOR USE. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP THEN YOU WILL NOT BE BILLED FOR ANY MONTHLY OR ANNUAL FEE GOING FORWARD 8. Disclaimer of Liability. You agree that we and our subsidiaries and affiliates are not responsible or liable for any Benefits provided by participating vendors and, if you have any claims relating to such Benefits, You will make your claim against the vendors providing the Benefit. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE BENEFITS OR RELATED INFORMATION PROVIDED TO YOU. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED YOUR CURRENT MEMBERSHIP FEE AND UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR YOUR INCIDENTAL OR CONSEQUENTIAL DAMAGES. We reserve the right to eliminate, add, change and substitute Benefits and participating vendors without notice to you. We assume no responsibility for the payment of or contribution to any use or sales tax on the Benefits which may be imposed by taxing authorities and such taxes, to the extent imposed, shall remain your sole responsibility or that of the provider of the Benefits, as the case may be.
This site is provided on an "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, MERCHANDISE, OR BENEFITS PROVIDED THROUGH THE MEMBERSHIP PROGRAM.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9. Trademarks. All trademarks, product names and company names and logos appearing on this web site are the property of their respective owners.
10. Availability Restrictions. This Program is only available to residents of the contiguous United States.
11. Entire Agreement. This Agreement contains all of the Terms of Membership and no representations, inducements, promises or agreements concerning the Membership not included in this Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
12. GOVERNING LAW. THIS AGREEMENT AND THE TERMS OF MEMBERSHIP SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THERE OF. ANY DISPUTE ARISING BETWEEN YOU AND US WILL BE RESOLVED BY SUBMISSION TO ARBITRATION IN CALIFORNIA IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT IS INTENDED OR SHALL BE CONSTRUED TO NEGATE OR OTHERWWISE AFFECT THE CONSUMER PROTECTION LAWS OF THE STATE IN WHICH YOU RESIDE.
13. TERMINATION OF MEMBERSHIP. YOU MAY TERMINATE THIS AGREEMENT AND YOUR MEMBERSHIP AT ANY TIME BY CALLING US AT THE TOLL FREE NUMBER ON YOUR MEMBERSHIP CARD OR BY NOTIFYING US IN WRITING AT AMERICAN TRAVEL PLUS SERVICES, P.O. BOX 89, ALGER, OH 45810 OR YOU CAN CALL US AT 866-205-9163. YOUR CANCELLATION WILL BE EFFECTIVE PROMPTLY UPON THE RECEIPT OF YOUR CANCELLATION REQUEST AND IF APPLICABLE, UPON RECEIPT OF YOUR MEMBERSHIP CARD. UPON CANCELLATION a) UNDER THE SINGLE PAYMENT PLAN, YOU WILL RECEIVE A REFUND BASED ON THE MEMBERSHIP FEE FOR THE THEN CURRENT YEAR DEPENDING UPON THE REFUND TERMS YOU AGREED TO, b) UNDER THE INSTALLMENT PAYMENT PLAN, YOU WILL RECEIVE A REFUND OF THE PAID ENROLLMENT FEE FOR THE THEN CURRENT YEAR DEPENDING UPON THE REFUND TERMS YOU AGREED TO AND c) UNDER THE MONTHLY PAYMENT PLAN YOU WILL NOT OWE ANY FURTHER FEES AND WILL NOT BE ENTITLED TO A REFUND OF PAST FEES CHARGED TO YOUR ACCOUNT. YOUR REFUND CAN BE REDUCED BY THE AMOUNT YOU HAVE SAVED PURCHASES OF GIFT CARDS/MERCHANDISE CERTIFICATES OR OTHER PREMIUMS THROUGH THE PROGRAM. THE PROCESSING FEE IS NON-REFUNDABLE. ANY FEES OR CHARGES INCURRED IN CONNECTION WITH THE PROGRAM, (INCLUDING BANK OR OVERDRAFT CHARGES) ARE YOUR RESPONSIBILITY. WE MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME UPON WRITTEN NOTICE TO YOU AND WILL MAKE ANY REFUND DUE TO YOU BASED UPON THE TERMS OF YOUR ENROLLMENT.