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MyTripSavers Terms of Service
Welcome to MyTripSavers. Before you begin using our service, you must read and agree to these terms and conditions and policies, including any future amendments that may be made to them (collectively, this “Agreement”). In this Agreement, “Company”, “MyTripSavers”, “we” and “our” refer to A.I. Interactive Inc., a Nevada company, if you are located in the United States and 7928335 Canada Inc. if you are located outside of the United States, and “User”, “you” or “your” refers to you.
Although we may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version at MyTripSavers.com (the "Site") as the version of this Agreement applicable to you will be posted at the Site. We may, in our sole discretion, modify or revise this Agreement and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the MyTripSavers service (the "Service"). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
I. General Terms and Conditions for Use of the Site
1. Rules.While visiting the Site, you may not:
a) post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet; b) post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other similar, harmful or disruptive component; or c) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder.
2. Site OperationCompany shall be under no obligation to continue to operate the Site for any particular term and may remove or change the Site at its sole and absolute discretion.
4. Submissions.All information submitted to Company through Site shall become the property of Company and Company shall be free to use, for any purpose, idea, concepts, know-how or techniques contained information that you may submit to Company through this Site. Company shall not be under an obligation of confidentiality in respect of such information except and to the extent that Company enters into or assists in establishing a customer relationship with or for you, or as otherwise agreed by Company or as may be required by applicable law. This provision shall not serve to limit the responsibilities of Company in respect of customers with whom or for whom it has established a customer relationship by, for example, referring such a customer to a payment processor or acquiring bank.
6. Limitation of Liability.COMPANY, INCLUDING ITS AFFILIATES, RELATED COMPANIES, SPONSORING BANKS, PROCESSORS AND OTHER SUPPLIERS, TAKE NO RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OF ANY CLAIMS OR STATEMENTS CONTAINED IN THE SITE. FURTHER, COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, INCLUDING WITHOUT LIMITATION IMAGES, VIDEOS AND OTHER DOCUMENTATION IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN $100.
7. Recourse.If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines or practices of Company in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
8. Indemnity.You agree to defend, indemnify and hold Company and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Site or on the Internet by you or users of your account.
9. Intellectual Property.All elements of the Site (the "Elements") such as, without limiting the generality of the foregoing, the texts, articles, photos, illustrations, images, videos and audio materials, are the property of Company and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of Company or the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices. The trademarks and logos used or posted on the Site are trademarks which were registered or not by Company or third parties. Nothing in the Site may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on Site without the prior written approval of the owner of such trademark.
10. Third Party LinksThird parties may provide links to other internet websites or resources on this Site. Company neither controls nor endorses such 'linked sites' nor have we reviewed or approved the content or information that appears on these linked sites. You acknowledge and agree that Company is not responsible for the legality, accuracy or appropriate nature of any content, advertising, products or any other materials on or available from such linked sites. You further acknowledge, and agree that Company, its officers, directors, employees, affiliates nor any other representatives shall not be held responsible, or liable, directly or indirectly, for any damage, or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods and services available on or through any such linked sites.
11. Amendments.Company reserves the right to amend this Agreement at any time and without notice, in so far as such changes are posted to the Site. You are encouraged to review this Agreement from time to time on the Site. Such changes shall be binding on you if you continue to use the Site. Please review this Agreement from time to time to see that you are in agreement with the terms hereof, such as they may be from time to time.
12. Miscellaneous.This Agreement, including any and all documents referenced herein, constitutes the entire agreement between Company and you pertaining to the subject matter hereof. In the event that you are solicited by Company for a product or service and you wish to procure such product or service then the application for and supply of such product or service shall be governed by additional terms and conditions separate and apart from this Agreement. Company's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. All notices by us to you under this Agreement shall be delivered to you through the Site; please visit often to collect any such notices. Any notice required or permitted under this Agreement by you shall be in writing and may be given by personal service or by first class mail, postage prepaid, to the following address: for US residents: the address of A.I. Interactive Inc. is: Rebate Program, 10580 N McCarren Blvd, #115-530, Reno, NV 89503; and for foreigners, resident outside of the US, the address of 7928335 Canada Inc. is 2100 Bloor St W, Suite 6142, Toronto, ON M6S 5A5. Nothing in this Agreement shall be construed as constituting a partnership, joint venture or other association of any kind, or agent/principal relationship between the parties hereto. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
13. U.S. Domestic MembersIf you are located and domiciled in the United States: (i) this Agreement shall be governed by and construed in accordance with the applicable laws of the State of New York and the U.S. federal laws applicable therein; (ii) any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in Plattsburgh, New York, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; and (iii) all dollar amounts referred to herein are in USD.
14. Foreign MembersIf you are located and domiciled outside of the United States, (i) this Agreement shall be governed by and construed in accordance with the applicable laws of the Province of Quebec, Canada and the federal laws applicable therein; (ii) any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by courts of competent jurisdiction in the District of Montreal in the Province of Quebec, Canada; and (iii) all dollar amounts referred to herein are in Canadian Dollars.
15. Notice and Contacting CompanyIf you have any questions concerning this Agreement, please contact Company through firstname.lastname@example.org or other contact information set out on the Site.
Before you begin using our service, you must read and agree to these terms and conditions and policies, including any future amendments that may be made to them (collectively, this "Agreement"). In this Agreement, "Company", "MyTripSavers", "we" and "our" refer to A.I. Interactive Inc., a Nevada company, if you are located in the United States and 7928335 Canada Inc. if you are located outside of the United States, and "User", "you" or "your" refers to you. Although we may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version at MyTripSavers.com (the "Site") as the version of this Agreement applicable to you will be posted at the Site. We may, in our sole discretion, modify or revise this Agreement and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the MyTripSavers service (the "Service"). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. PLEASE FEEL FREE TO CONTACT US TOLL-FREE AT THE NUMBER PROVIDED ON YOUR MEMBERSHIP MATERIALS OR, ON THE SITE DURING OUR REGULAR BUSINESS HOURS STARTING ON MONDAY 9:00AM EST TO SATURDAY 6:00PM EST.
1. MyTripSavers Service and FeesOur Service entitles you to receive certain limited reimbursements in respect of certain of your purchases (collectively, the "Rebates") subject to your payment to us of a monthly subscription fee (the "Fee"). The Rebates payable are those set out on the Site, and are payable only to you if you are not in breach of the terms of this Agreement, and you are up to date in payment of your Fees (in which case, you are a "Member" entitled to "Membership"). As a Member, you will be provided with coupons (each a "Coupon"), each of which entitles you to a Rebate, subject to the terms of this Agreement. Each new Member shall be provided with welcome communication by email (letter in certain cases) that sets out all key Membership information. Rebates are paid only to Members who submit documentation required for the redeeming of Rebates, which are: (i) a copy of the coupon applicable to the Member expense; and (ii) proof of purchase of the goods or services in respect of which a Rebate is claimed (i.e. a merchant-printed receipt). Rebates are paid by us and cannot be claimed from any retailers in respect of which we offer Rebates. Coupons may be redeemed by Members only. Members may redeem one Coupon per Member per purchase. For example, a Coupon for $50 for one retailer, may be redeemed by only one Member in respect of one purchase at such retailer. Only one cashback coupon may be submitted with each receipt. A maximum of $100 in coupons per month per cashback program can be redeemed. The Service may not be combined with any other offer or promotion. Coupons may not be exchanged for cash. Membership rights and Coupons are non-transferrable, and cannot be assigned by Member to a third party. Please allow a processing period of up to six weeks for each Rebate. Processing time may vary during periods of unusually high volumes of Rebate requests. Your Rebate payment in the amount of the submitted voucher will be sent via regular mail to the address provided on your sign-up for Membership. In lieu of a Rebate, we reserve the right to provide Members with other incentives of equal or greater value to the Rebate requested. Coupons have no monetary value and may not be sold. This offer is void where prohibited by law. Some Coupons may not be available in your area depending on your state or province, and we may eliminate, add and or change Rebate offers without notice. Note that we do not have any affiliation with the retailers in respect of which we offer Coupons. Any questions concerning the products or services of such retailers should be directed at such retailers and any questions concerning our Services should be directed to us, at the contact information provided below.
2. Membership AccountMembers are each provide with access to an electronic account (the "Account") accessible through the Site. The Account is a portal through which you will be able to access the Services. You may not permit any third party to use the Account and you are responsible for all use of the Account.
3. Use of Membership.You may not use our Services in conjunction with or in order to facilitate any business or activity that is illegal in the United States, Canada or the jurisdiction where you reside or are domiciled. Only you and your Immediate Family may use the respective Membership benefits. "Immediate Family" includes the membership owner and partner and or children living at your place of residence provided that they are of the legal age in your respective state and or province. You are not allowed to resell benefits. You may be entitled to a free gift if so you are limited to one gift per Membership and, depending upon the free gift, you agree that you may be required to be a Member at the time your free gift claim is sent, otherwise you will forfeit your right to the gift.
5. FeesIn order to activate your Membership, you are required to provide payment of the Fees to us by telephone (such call being the "Membership Enrollment Call"). In the course of the Membership Enrollment Call we will explain to you the Fees applicable to the Service and you will be able to accept or decline such Fees and provide payment information should you wish to accept the Fees and the terms of this Agreement.
THE FEES APPLICABLE TO YOU WILL NOT CHANGE ONCE YOU HAVE ACCEPTED THEM IN THE MEMBERSHIP CONFIRMATION CALL.
6. Membership Cancellation PolicyMEMBERS MAY CANCEL ANYTIME SO AS TO AVOID BEING CHARGED THEIR NEXT MONTHLY FEE. IN ORDER TO CANCEL YOUR MEMBERSHIP, YOU MUST CONTACT US EITHER BY PHONE AND/OR EMAIL FOR A CANCELLATION TO BE PROCESSED. THE TOLL-FREE NUMBER FOR CUSTOMER SERVICE IS: 1-800-368-1839 AND OUR EMAIL ADDRESS IS: email@example.com. CANCELLATION POLICY AND INSTRUCTIONS AS WELL AS DATE OF NEXT BILLING CAN BE FOUND IN YOUR WELCOME COMMUNICATION AS WELL AS ON THE SITE.
7. Membership Refund PolicyAny Member who has been billed in error, has charges that were unauthorized by the cardholder or did not agree to our Membership terms will receive a FULL refund. In order to receive such refund, the Member must contact us either by phone and/or email to request said refund. The toll-free number for customer service is: 1-800-368-1839 and our email address is: firstname.lastname@example.org. Please allow up to 30 days for processing and for the refund credit to show up on your next credit card statement. All refund requests are subject to verification of the recorded sales call by our compliance department. In other words, if you have accepted the terms of Membership, you can only cancel your Membership, but will not necessarily be entitled to a full refund of your Fees.
8. MyTripSavers Intellectual PropertyAll elements of the Site (the "Elements") such as, without limiting the generality of the foregoing, the texts, articles, photos, illustrations, images, videos and audio materials, are the property of MyTripSavers and are subject to licenses or agreements allowing their broadcast through the Site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without our prior written approval or that of the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices. The trademarks and logos used or posted on the Site are trademarks which were registered or not by Company or third parties. Nothing in the Site may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on Site without the prior written approval of the owner of such trademark.
9. Term and TerminationThis Agreement is made as of the date you accept the terms hereof for one month, after which it automatically renews for additional and successive one month terms (collectively, the "Term") until such time as this Agreement is terminated in accordance with the terms hereof. You may terminate this Agreement at any time on notice to us, provided that Fees already paid are refundable only as expressly provided above. Either party may terminate this Agreement on thirty days prior notice to the other party of the other party is in material and uncured breach hereof and such breach remains uncured during such thirty (30) days. We may terminate this Agreement at any time, without prior notice, if you are found to be using the Services in violation of the terms of this Agreement, or if you otherwise use the Services in association with or in order to facilitate any illegal activities or activities which are deemed by us to expose us to excessive financial or reputational risk. We may also terminate this Agreement at any time and for no cause by way of notice through the Site. At any point during the Term, we are under no obligation to continue providing the Services for anything more than thirty (30) days.
10. Your Representations and Warranties.It is agreed between the Parties that performance by MyTripSavers hereunder, whether the representations, warranties and covenants of you are fulfilled or not, shall in no manner whatsoever waive the benefit, to MyTripSavers, of any such representations, warranties and covenants of you. You hereby warrant and covenant to MyTripSavers that:
10.1 Capacity. You are an individual of sound mind over the age of 18 years, and of the age of majority in the jurisdiction where you are domiciled; and
10.2 Compliance with Laws. You will conduct your affairs hereunder in an ethical manner and in accordance with the terms and intent of this Agreement, and in compliance with all applicable laws and regulations, including but not limited to all laws and regulations applicable in the United States, Canada and all jurisdictions where your you may be domiciled during the Term. You shall not use the Services to sell or promote or otherwise facilitate pornography, gambling or casinos, whether online or otherwise;
11. Confidential InformationYou agree that, during the term hereof and for a period of three (3) years thereafter neither you nor any of your affiliates will directly or indirectly disclose any Confidential Information. For the purposes of this Agreement, "Confidential Information" means all proprietary, secret or confidential information or data relating to MyTripSavers and any of its affiliates, operations, employees, independent sales organizations, agents, products or services, clients, customers or potential customers, merchants or other members. Confidential Information shall include, without limitation, client lists, all agreements and all parts thereof, financial or other data in any format, computer access codes, instruction and/or procedural manuals, giftcard information, human resource or personnel information, business strategies and the terms and conditions of this Agreement. Information shall not be considered Confidential Information to the extent, but only to the extent, that such information is: (i) already known to the receiving party free of any restriction at the time it is obtained; (ii) subsequently learned from an independent third party free of any restriction and without breach of this Agreement; (iii) or becomes publicly available through no wrongful act of the receiving party; (iv) independently developed by the receiving party without reference to any Confidential Information of the other; or (v) required to be disclosed by law. Upon any termination hereof, you shall return all Confidential Information in its possession to MyTripSavers.
12. LIMITATION OF LIABILITY
12.1 NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MyTripSavers EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE SERVICES PROVIDED BY MyTripSavers OR THAT THE OPERATION OF THE SERVICES WILL BE INTERRUPTION OR ERROR FREE.
12.2 LIMITATIONS OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MyTripSavers, ITS VENDORS, CLIENTS, AGENTS AND LICENSORS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO YOUR FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF MyTripSavers HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURING. EXCEPT AS REQUIRED BY LAW, IN NO EVENT SHALL MyTripSavers' LIABILITY (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE) TO YOUR, OR ANY THIRD PARTY, IN ANY WAY CONNECTED WITH OR ARISING OUT OF THIS AGREEMENT EXCEED THE FEES ACTUALLY PAID TO MyTripSavers DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
12.3 Force Majeure. 12.3 Force Majeure. MyTripSavers shall use its commercially reasonable efforts to perform its obligations hereunder, however, MyTripSavers, its affiliates, agents or licensors shall not be liable for any loss resulting from the activities of you, nor from any erroneous statements or errors in transmission, nor for any loss resulting from any delay, interruption or failure to perform hereunder due to any circumstances beyond MyTripSavers' reasonable control including, without limitation, acts of god, fire, explosion, earthquake, riot, terrorism, war, sabotage, accident, embargo, storms, strikes, lockouts, any interruption, failure or defects in Internet, telephone, or other interconnect services or in electronic or mechanical equipment. MyTripSavers' obligations hereunder shall be suspended during any of the foregoing circumstances, which suspension shall not be a cause for termination of this agreement by you.