 fitATLANTA Healthy Living Card Agreement Introduction This Card Agreement was posted here on May 29, 2008. By purchasing the FitATLANTA Healthy Living Card® you are agreeing to the following specific terms and conditions of the Card Agreement. You understand that FitATLANTA Healthy Living Card, LLC and its subsidiaries and vendors and partners (collectively, "FA") make available online information and services to cardholders of this program ("Cardholders"). By ordering or purchasing the Card, submitting your information or using the Card you are indicating that you are 16 years old or older and agree to be bound by this Agreement. If you are over 16, but under 18 you are also indicating that you have received consent from your parent or guardian and they have agreed on your behalf to be bound by all of the terms and conditions in this Agreement. You acknowledge that the Agreement may be modified or terminated at any time. Any changes will appear on this page. It is your responsibility to refer to the Agreement prior to using the Card. You will be deemed to have accepted any change to this Card Agreement if you continue to use the Card after that change has been posted here. FitATLANTA Healthy Living Card® The FitATLANTA Healthy Living Card is a fee-based program offered by FitATLANTA Healthy Living Card that provides Cardholders with savings and benefits offered by participating sponsors online and at merchant locations. 1. Eligibility Individuals who are 16 years old or older are eligible to purchase the Card. If you are under 18 years old, you must receive consent from your parent or guardian to be eligible. FitATLANTA Healthy Living Card reserves the right to limit the availability of any Special Edition Cards to specific channels. 2. Card Purchase When you purchase the Card, you must provide fA with accurate and complete information (including but not limited to name and shipping address) and advise FA of any changes by emailing us at info@fitatatlantacard.com. FA will use this information to create your account and, where applicable, mail you a Card and materials. You will receive Card materials that may include, but are not limited to, a Card with your Card number, inserts containing partner information about sponsors. When applying online, the Card materials will be shipped within 10 to 14 days from time of purchase. If you are renewing your Card, you will receive you new Card and materials in 10 to 14 days from time of renewal. When you purchase your Card online or activate it, you will be asked to create a password to view your account. You may not select a password that violates anyone's rights or one that, in FA's sole discretion, FA considers offensive, improper or inappropriate. If you do so, FA may modify or delete it. When you purchase your Card online, you will be asked to select a secret question and secret answer. Your secret answer will allow you to retrieve your password in case you forget it. Each order is for a single Cardholder only. FA does not permit the sharing of your Card, number, password or discounts with any other person. If FA reasonably believes that any of your Card materials are being used in any of these ways, FA reserves the right to cancel your Cardholder rights immediately. If you believe someone has used any of your Card materials without your authorization, please contact Card Services. Contacting Card Services:
3. Fees 1-Year Card: Eligible individuals can sign-up for a 1-year Card. The current retail price of the one-year Card (the " Fee") is $25.00 plus $2.50 for shipping and handling. You agree to pay the Fee when the charge is incurred. The 1-year Card is valid for a period of at least 12 months from the time of issue, as noted on the expiration date listed on the 1-year Card. 2-Year Card: Eligible individuals can sign-up for a 2-year Card for a Fee of $35.00 plus $2.50 for shipping and handling. 4. Card Use Your Card and your Card number are your keys to savings, benefits and services. Carry your Card with you at all times. The Card is nontransferable and may only be used by the person whose name is printed or signed on the card. Use of your Card In-store: You must show your fitATLANTA Healthy Living Card® before you make a purchase at a participating sponsor. A sponsor has the right to deny a discount if you do not present your Card before payment. Sponsors may reserve the right to ask for your photo ID, passport or other identification to verify you are a rightful Cardholder. Some sponsors will swipe your Card through their terminal in order to track purchases and use of the Card. They will not use the Card as a form of payment. FA uses this information to track sponsor performance to ultimately offer you better savings. Use of your Discount Card Online: In order to redeem savings through our online partners you will be asked to enter your Card number either on www.fitatlantacard.com or at the online sponsor's Web site. fitATLANTA Healthy Living Card and participating sponsors are independent contractors. fitATLANTA Healthy Living Card is not liable for any products or services provided by these sponsors. Any use of the FitATLANTA Healthy Living Card Card, or the associated Cardholder benefits and discounts in a manner that violates the rules or regulations of any participating sponsor or online partner is prohibited by this Agreement and is grounds for termination of your FitATLANTA Healthy Living Card Membership. FitATLANTA Healthy Living Card reserves the right to cancel your Cardholder rights immediately in the event of such a violation. For details on how we share information with our online partners, please refer to our privacy policy. 5. Expiration and Cancellation Your Card will expire on the date printed on the front of the card, which is at least 12 months from the date of purchase for 1-year Cards, 24 months from date of purchase for 2-year Cards, 36 months from date of purchase for 3-year Cards and 48 months from date of purchase for 4-year Cards. fitATLANTA Healthy Living Card reserves the right to terminate your Card at any given point in time if we determine that you have violated any provision of this Agreement. 6. Refunds The FitATLANTA Healthy Living Card is non-refundable. ALL SALES ARE FINAL. 7. Lost Cards If your Card is lost or stolen, FA charges a $5.00 replacement fee and $2.50 for shipping and handling, $7.50 total. You can report lost cards by contacting Card Services by sending an e-mail to info@fitatlantacard.com. 8. The fitatlantacard.com Web site The fitatlanta.com Web site (the "Site") offers the most up-to-date information on savings and partner benefits offered by participating sponsors. We take reasonable efforts to maintain the currency of our database of sponsors and their discounts. However, FA is not responsible for third parties' restrictions or changes to their offers not communicated to FA. As a Cardholder you will have to login to access certain sections of the Site, using the Card number on your Card. In order to login to your account you will have to set-up a password. Cardholders who purchase their Card online will be asked to create a password as part of their purchase process. If you forget your password, upon verification that you are the rightful owner of the account, FA, will e-mail your password to the e-mail address you provided during the order process or activation. You will be verified by answering your secret question. You may access the Site to edit and update your account information and communication preferences. When changing information on your account you agree to provide accurate and complete information. Cardholders can search for savings and participating sponsors online. When you wish to purchase goods or services online at the Site or at a sponsor's web site, you will be required to enter your Card number in order to receive the discount. Some sponsors and discounts may not be available in your community. You should contact the sponsor to confirm they offer the discount. Even though FitATLANTA Healthy Living Card takes efforts to keep the listing of sponsors and savings up to date, FA is not responsible for incorrect or incomplete information regarding the sponsor or its discount. You may submit corrections to Sponsors or discounts in an email to info@fitatlantacard.com. The Site may be used to contact by emailing us at info@fitatlantacard.com. For questions, concerns or suggestions e-mail info@fitatlantacard.com. An agent will answer your e-mail within 72 hours. In addition, as a Cardholder you agree to be bound by the Terms of Use Agreement of the Site. 9. Merchant Disputes FitATLANTA Healthy Living Card is not responsible if a sponsor changes its discount due to new ownership or acquisition. If you have a dispute with a sponsor merchant to report, SA will take commercially reasonable efforts to solve the dispute on your behalf. You may report disputes with sponsor merchants by emailing us at info@fitatlantacard.com. Reports must be submitted and mailed in written form with the following information: merchant name, merchant address, date of purchase, discount denied and purchase information. FA and its sponsors are independent contractors. FA IS NOT LIABLE FOR ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY SPONSOR OF THE DISCOUNT PROGRAM, OR FOR ANY ERROR, OMISSION OR INACCURACY IN ADVERTISING MATERIAL OR FOR ANYLIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM A PRODUCT OR SERVICE PROVIDED BY ANY SPONSOR OR OTHER THIRD PARTY IN CONNECTION WITH THE DISCOUNT PROGRAM. 10. E-mail Policy and Communication Preferences Cardholders have the option to receive FitATLANTA Healthy Living Card e-mail and/or mobile phone updates when they order their Cards online. FA uses these updates to provide additional savings, special offers, site upgrades, new features, events, promotions and more. You have the option to e-mail us to opt out from receiving these e-mails using the link at the bottom of any promotional e-mail you may receive. You also have the option to email Card Services to opt out of receiving the mobile phone messages. FA reserves the right to e-mail you with information essential to your participation in our program (for example, information on lost passwords, Card shipment information and Card expiration/renewal). You will not have the option to opt-out of e-mails of this nature. If you purchased the Card through an Affiliate link, the Affiliate may have the right to communicate with you via a 'welcome' e-mail sent by FA. This "welcome" e-mail is subject to FA's e-mail policies. For questions about any e-mail that you receive, please contact us by emailing us at info@fitatlantacard.com. For more information about how FA uses your information, please visit our Privacy Policy. 11. Bulk Enrollment FA permits certain sponsors, schools, travel agencies and other third-party organizations ("Bulk Partners") to purchase Cards in large quantities and to resell or distribute them to the Bulk Partner's customer base ("Bulk Enrollment"). In connection with a Bulk Enrollment, FA collects from the Bulk Partner the necessary information to mail a Card and materials. If you have received a Card, the Bulk Partner may have enrolled you in the program and submitted your information to FA, but only after receiving authorization from you to do so. The Bulk Partner, not FA, is liable if the Bulk Partner failed to receive your consent. Once we receive your information, it will be governed by our Privacy Policy. ?Once you receive your Card and materials, you must visit www.fitatlantamagazine.com to activate your account and this will confirm you have received your Card. You must activate your Card to receive the full savings, benefits and services of it. Additionally, at this time, you must complete any missing information on your account. ?As a Bulk Purchased-Cardholder, you cannot request a Fee refund. 12. Changes to offers or Sponsors Offers made available through the Discount Card may change from time to time. FA reserves the right in its sole discretion to change the offers and/or participating sponsors at any time. In addition, sponsors may elect to change offers from time to time. FA will make commercially reasonable efforts to make appropriate updates to the Site to reflect offer and/or sponsor changes. For a listing of current offers, Cardholders should visit www.fitatlantamagazine.com. If you become aware of a discontinued offer listed, please notify FA by sending an e-mail to www.fitatlantamagazine.com or contacting by emailing us at info@fitatlantacard.com. FA undertakes no obligation to provide a replacement or substitute offer for any offer discontinued. Privacy By using the FitATLANTA Healthy Living Card® you acknowledge that any information we receive from or about you through the Card will be treated according to our Privacy Policy. |