Last updated: November 5, 2015
By registering for an ACTIVE Advantage membership and clicking the ACCEPT, CONTINUE, I AGREE, or similar button during the registration process, you are indicating that you have read, understood and agree to be bound by these Terms as well as all applicable laws, rules, and regulations. Enrollment becomes effective and acceptance of these Terms begins when the member enrolls in the ACTIVE Advantage program. IF YOU OBJECT TO ANYTHING IN THESE TERMS, DO NOT SIGN UP FOR ACTIVE ADVANTAGE.
- Eligibility. Authority to Purchase and/or to Act as Agent. ACTIVE Advantage membership is only open to individuals who are at least eighteen (18) years of age. Commercial customers and others purchasing items for resale are not eligible for membership. You represent and warrant that you are eighteen (18) years of age or older. You represent and warrant to ACTIVE that you have full legal authority to complete this membership purchase, including full authority to make use of the payment card used to pay your membership fee.
- Membership Registration and Fees. By starting your ACTIVE Advantage membership, you are expressly agreeing that we are authorized to charge you an annual membership fee at the then-current rate to the payment card you provided during registration (or to a different payment card if you change your account information). You also expressly acknowledge that your ACTIVE advantage membership will be made available to you immediately. Please note that prices, including membership fees and charges, are subject to change at any time with notice. Your ACTIVE Advantage membership fee is charged annually in advance. YOU UNDERSTAND THAT YOUR ACTIVE ADVANTAGE MEMBERSHIP WILL AUTOMATICALLY RENEW ON EXPIRATION OF THE INITIAL TWELVE MONTH SUBSCRIPTION TERM FOR A FURTHER ONE YEAR PERIOD (AND CONTINUE TO DO SO) AT THE THEN CURRENT ANNUAL MEMBERSHIP FEE UNLESS YOU NOTIFY ACTIVE THAT YOU ARE TERMINATING YOUR MEMBERSHIP. YOU UNDERSTAND THAT THIS WILL SERVE AS YOUR AUTHORIZATION FOR ACTIVE TO CHARGE YOUR PAYMENT CARD PROVIDED DURING REGISTRATION (OR TO A DIFFERENT PAYMENT CARD IF YOU CHANGE YOUR ACCOUNT INFORMATION) FOR THE ANNUAL MEMBERSHIP FEE, AND THE THEN-CURRENT MEMBERSHIP FEE EACH YEAR THEREAFTER FOR AS LONG AS YOU REMAIN A MEMBER. If you have signed up for a trial offer of membership, your payment card will be authorized for the then-current trial fee, if any, and if applicable, and unless you cancel prior to the end of any such trial period you understand and agree that ACTIVE will charge your payment card upon the expiration of any trial period for the applicable annual membership fee at the then-current rate (as notified to you when you sign up to the trial). Please see the Your Cancellation Rights section below for details of how to cancel your membership. If all payment cards we have on file for you are declined for payment of your membership fee, you have 30 days to provide us a new payment card or your ACTIVE Advantage membership will be canceled. If you provide us with a new card and are successfully charged within 30 days, your new membership period will be based on the original renewal date and not the date of the successful charge. For certain payment cards, the issuer of your payment card may charge you a foreign transaction fee or related charges. Check with your bank and payment card issuers for details. You may cancel your ACTIVE Advantage membership at any time and you will be eligible for a prorated refund of any portion of the membership fee paid (please see Your Cancellation Rights below for more information). However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the ACTIVE Advantage membership, or is harmful to our interests or another user. By becoming a member of the ACTIVE Advantage program, members agree to receive advertising, marketing materials and other communications from ACTIVE except where expressly disallowed as a profile preference. Where you pay for your Active Advantage membership we confirm that it will substantially comply with its description provided by us and that any services we provide through it will be provided with reasonable skill and care.
- Code of Conduct; Restrictions on Use. You are not permitted to purchase items for the purpose of resale, rental, or to ship to your own customers or potential customers using ACTIVE Advantage member benefits. You agree not to utilize your ACTIVE Advantage membership status to demand benefits, services or privileges not expressly permitted in association with ACTIVE Advantage. Abuse of the ACTIVE Advantage program, including failure to follow program policies and procedures, the sale or barter of product or promotional offers, using multiple ACTIVE Advantage accounts in an effort to abuse the ACTIVE Advantage program, and any misrepresentation of fact relating thereto or other improper conduct as determined by ACTIVE in its sole judgment, may result in cancellation of the member’s account and future disqualification from program participation, and termination of the business relationship with ACTIVE. Should you abuse your membership privileges or violate these Terms in any way, you understand that your membership privileges are subject to revocation, either permanently or temporarily, in the sole discretion of ACTIVE.
- Third Party Benefits. You understand that the benefits provided to you through ACTIVE Advantage are provided not only by ACTIVE, but in association with third parties. Third party benefits, services or privileges are extended to members of ACTIVE Advantage in good faith to provide value negotiated on your behalf. As such, the benefits provided are governed by agreements with expiration dates and may also be subject to terms and conditions set forth by third party providers and the terms of those agreements prevail over these Terms. We are not responsible for the content of these benefits from third party providers and do not guarantee that they will be continuously available. The fact that benefits from third parties are provided to you through ACTIVE Advantage does not imply any endorsement of or association with these third party providers.
- Your Cancellation Rights. You may cancel your ACTIVE Advantage membership at any time by contacting us at email@example.com and clearly informing us of your intention to cancel your membership. We will confirm your cancellation in writing. If we issue a refund (please see below) we will normally do so using the same method originally used by you to pay for the purchase, unless agreed otherwise. We will process any refund as soon as possible and, in any case, within 14 days of receipt of your cancellation request provided in accordance with these Terms.
On cancellation of your ACTIVE Advantage membership you will be entitled to a prorated refund of any portion of the remaining subscription period for which you have paid a membership fee but not yet received the benefit. Please note we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the ACTIVE Advantage membership, or is harmful to our interests or another user.
In addition to the foregoing cancellation rights, you may cancel your ACTIVE Advantage membership at any time within a 14 day "cooling off" period starting from the day after the date on which we take payment of your membership fee. If you cancel your ACTIVE Advantage membership within this 14 day "cooling off" period without making any active use of your membership then we will refund the full membership fee to you. If you cancel your Active Advantage membership within this 14 day "cooling off" period and you have actively used your membership during such period, you will be entitled to a pro-rated refund of the membership fee less such portion of the subscription period that has expired up to the date of cancellation.
- Limitation of Liability; Disclaimer of Warranties. Except as expressly set out in these Terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the ACTIVE websites and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the ACTIVE Websites. Nothing in these Terms shall limit or exclude our liability to you (a) for death or personal injury caused by our negligence; (b) for fraudulent misrepresentation; or (c) for any other liability that may not, under English law, be limited or excluded. Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the amount of the last annual membership fee received by Active from you. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. ACTIVE makes no warranty that the ACTIVE websites will be uninterrupted, secure or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the ACTIVE websites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
- Indemnification. You agree to indemnify and hold each of ACTIVE, its shareholders, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives from any and all claims or demands, including reasonable legal fees, due to or arising out of your use in any way of or participation in ACTIVE Advantage or the violation of any term of these Terms by you.
- Applicable Law. By completing membership purchase, both you and ACTIVE irrevocably consent and agree that the statutes and laws of England, will apply to all matters relating to these Terms or your ACTIVE Advantage membership, or other use of the ACTIVE websites, and you agree that, subject to section 10 below, any Dispute between you and us regarding them will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
- Notice. All notices required to be given in connection with these Terms and the ACTIVE Advantage program shall be in writing and sent to the email address you provided during registration (or to a different email address if you change your account information) or in the case of ACTIVE, to Attn: ACTIVE Advantage, 717 N. Harwood St., 25th Floor, Dallas, Texas, 75201, United States or ActiveAdvantage@active.com. Notices will be deemed received the next day if sent via email, overnight mail or courier or three (3) days after deposited in the mail sent certified or registered.
- Dispute. You agree that any claim, controversy or legal dispute arising out of or relating to these Terms (hereinafter, a “Dispute”), including but not limited to issues regarding access to benefits, services or privileges, will be resolved, to the extent applicable, in accordance with rules of membership by ACTIVE Advantage representatives. Before bringing any legal proceedings, all questions or concerns must first be taken up with ACTIVE Advantage directly, and ACTIVE will provide a written response, which may be made by email, to you within sixty (60) days of receipt of your questions or concerns. ACTIVE reserves the right to interpret and apply the policies and procedures communicated in these Terms. If any Dispute cannot be resolved in the foregoing manner, then the parties shall resolve such Dispute in accordance with Section 8 above.
- Miscellaneous. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (i) the validity, legality, and enforceability of the remaining provisions of these Terms (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (ii) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and these Terms shall be deemed amended accordingly. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms or to exercise any right under these Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. ACTIVE may assign its rights and obligations under these Terms and upon such assignment ACTIVE may be relieved of any further obligation hereunder. You may not transfer your membership. The ACTIVE logo, ACTIVE Advantage logo and other logos and taglines are the intellectual property of ACTIVE. Membership rules are void to the extent prohibited by law. Taxes may apply where required by law.