LEMONADE LOYALTY CLUB TERMS AND CONDITIONS
TripActions (“TripActions”) is offering the Lemonade Loyalty Club (“LLC”) to individuals who meet the following eligibility requirements (“Member” or “you”). LLC will provide Members direct access to certain Member benefits (“Benefits”), as set forth below. LLC is part of the personal travel functionality of the TripActions app (“Lemonade”), which is made available to you pursuant to agreed upon terms between your employer and TripActions (“Enterprise Agreement”). Your access to LLC and Lemonade is subject to, and contingent upon, the Enterprise Agreement remaining in place between your employer and TripActions.
Please read these LLC Terms and Conditions (“Terms and Conditions”) carefully before participating in LLC. LLC is subject to these Terms and Conditions. To the extent any personal information is collected from you via your participation in LLC, such collection and use will be governed by the TripActions Privacy Policy.
By accessing Benefits or otherwise participating in LLC, you confirm your acceptance of these Terms and Conditions, as may be amended from time to time.
ELIGIBILITY
United States residents are eligible to join LLC if they are a current employee at an active and launched TripActions enterprise customer that has personal travel functionality enabled. Members may join LLC whether or not their employer has business travel functionality enabled. Membership in LLC is limited to the United States, and any provision is void if prohibited by law in the state of Member's residence. Please note that your participation in LLC will end, including your access to any acquired and unused Benefits if: (i) your employer turns off personal travel functionality or terminates its relationship with TripActions, (ii) if you cease to be employed by such employer, or (iii) if your TripActions account is terminated (e.g., due to a violation of the Terms of Service).
LLC PARTICIPATION
Members must opt into LLC by adding their personal email address to their TripActions account and opting in to receive marketing communications. Periodically, TripActions will send promotional and other LLC-related messages to the email address provided at the time of opt-in. By opting in to receive marketing communication and thus joining LLC, you consent to receiving these messages.
Members can terminate their participation in LLC by opting out of LLC marketing communications to their personal email address.
LLC BENEFITS
Members will receive access to Benefits such as promotions, giveaways, discounts, special offers, and opportunities to earn additional TripActions Rewards directly to their inbox. Only LLC Members properly registered for the LLC may access and use Benefits and otherwise participate in the LLC. An LLC Member may only access and use Benefits in his or her name, and Benefits may only be redeemed by the LLC Member to whose account the Benefits were sent.
Benefits and their values: (i) are determined by TripActions in its discretion; (ii) are subject to change without notice; and (iii) may vary among activities and promotions. Benefits will only be made available to a Member after the date of establishing Membership. TripActions is not liable for any delay, whether within or outside of its control, in sending Benefits.
TripActions is the final authority on accrual and crediting of Benefits and reserves the right to deny or revoke Benefits at any time if TripActions determines that they were improperly or mistakenly obtained, accrued or credited. Unless TripActions expressly notifies you, Benefits cannot be transferred, assigned, pledged, redeemed for cash or sold to any other person or account for any reason. Though, a Member may be able to redeem the Benefits for travel on behalf of another user. Benefits do not constitute the property of any LLC Member. Accrual and redemption of Benefits are void where prohibited by applicable laws or regulations and are subject to change as may be necessary to comply with such laws or regulations.
TRIPACTIONS REWARDS THROUGH LLC
Members may have the opportunity to earn TripActions Rewards through LLC, as TripActions may determine from time to time. TripActions Rewards accrued via LLC are in addition to any TripActions Rewards acquired outside of LLC pursuant to an applicable Enterprise Agreement, and all such TripActions Rewards accrued will be posted to Member’s account. Redemption and use of TripActions Rewards is subject to the TripActions Rewards Program.
BENEFITS EXPIRATION
TripActions Benefits cannot be earned by Members after the LLC Member’s participation in LLC has been terminated or in the event the LLC is terminated. Unless prohibited by law, unused Benefits automatically are forfeited upon termination of LLC or when an LLC Member’s account is cancelled or terminated or the LLC Member’s participation in LLC otherwise is terminated.
DISCLAIMERS
TripActions may in its discretion change the selection of Benefits or stop offering any particular Benefit or redemption method at any time. In the event a Benefit is unavailable after the Benefit is ordered in a redemption transaction, the only remedy will be for the appropriate number of Benefits to be restored to the Member's account.
TripActions attempts to be as accurate as possible with respect to the descriptions of Benefits offered via LLC. However, TripActions does not warrant that the product descriptions or other content of the LLC are accurate, complete, reliable, current, or error-free. The accuracy of coloring of products featured via LLC will depend on your monitor and TripActions cannot guarantee that your monitor's display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted via the LLC are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. TripActions reserves the right at any time without prior notice to correct any typographical errors or other errors with respect to descriptions of Benefits offered via LLC.
All Benefits are provided “AS IS.” TripActions makes no warranties or representations, express or implied, with respect to LLC, the descriptions of Benefits offered, or any Benefit, product or service that may be offered through LLC, including, but not limited to, any implied warranty of merchantability or fitness for intended use or a particular purpose or any warranty arising by statute or otherwise in law or from a course of dealing, performance or usage. Any warranty that is provided in connection with any Benefit is provided solely by the manufacturer and/or service provider and not by TripActions.
For material goods, Benefits will be shipped to the billing address on record in the Member's account. The method of shipping and all other means by which Benefits will be provided to Members will be determined by TripActions in its discretion. TripActions is not responsible if a Member is not able to receive a Benefit delivery at the Member’s billing address. Please be sure to keep your billing address information up to date with TripActions. If a Benefit is confirmed by the carrier as delivered to the billing address contained in TripActions’ records, TripActions will have no obligation to re-ship the item or a substitute item to any other address.
Certain Benefits may be provided or fulfilled by third parties. TripActions may be required to provide the Benefit recipient's name, address, telephone number and e-mail address to merchants, shipping services and other third parties in connection with the provision of Benefits.
If you do not receive a Benefit, you must notify TripActions of the same within three (3) months of the date you submitted your order, by sending an e-mail message to llc@tripactions.com with the details regarding your inquiry. No substitution, cash redemption or transfer of the right to receive a Benefit is permitted. Benefits shall not be resold.
Members are solely responsible for any taxes, including sales tax and income tax, associated with accrual or use of Benefits or otherwise arising out of participation in LLC, unless otherwise expressly stated in writing by TripActions in advance of a transaction hereunder. Please consult with a tax professional for income tax advice relating to participation in LLC and receipt of a Benefit.
RETURNS
Unless otherwise required by law, Benefits are nonrefundable and not subject to return. If you have a complaint about your Benefits, please contact llc@tripactions.com.
TERMINATION OF OR CHANGES TO LLC
TripActions reserves the right to terminate or suspend LLC at any time. TripActions will use reasonable efforts to provide advance notice of termination to Members in the manner TripActions deems reasonable, including posting such notice to your account or via email, to the extent practicable, but TripActions does not guarantee that it will, and is not obligated to, provide advance notice of termination.
TripActions reserves the right to modify these Terms and Conditions, including those relating to the accrual and redemption of Benefits, credits, and discounts and any other benefits, at any time with or without notice. This means, among other things, that the accumulation of Benefits in conjunction with LLC does not entitle any Member to any vested rights with respect to such Benefits. Such modified terms will govern the operation of LLC and other LLC-related activity on or after the effective date of such modified terms. A current version of the Terms and Conditions may be accessed at tripactions.com/lemonade-loyalty-club-terms.
COMPLIANCE WITH TERMS AND CONDITIONS
TripActions reserves the right to disqualify any Member from participation in LLC, close the Member’s account and rescind any Benefits previously granted to the Member if, in its discretion, TripActions determines that such person has violated these Terms and Conditions, or has attempted or intends to interfere or tamper with the proper operation of LLC or has engaged in any other conduct that TripActions in its discretion deems to be detrimental to the operation of LLC.
TripActions has the right to monitor all activities relating to participation in LLC, including, if appropriate, by auditing accounts without Member consent. If usage of an account shows signs of fraud, abuse or suspicious activity, TripActions will have the right to close that account and/or rescind any Benefits previously granted to the Member, without limitation of any of TripActions’ other legal or equitable rights or remedies. TripActions reserves the right to take legal action against any Member who engages in fraudulent activity and may hold such Member liable for monetary losses to TripActions and/or any third party merchants, including litigation costs and damages. Any Member who willfully violates these Terms and Conditions or engages in fraudulent activity may not be allowed to participate in LLC in the future.
RELEASE; ASSUMPTION OF RISK
By participating in LLC, you release TripActions from all claims and liability of any kind regarding participation in LLC or the receipt or use of any Benefit, or otherwise arising from or in connection with LLC, including without limitation claims or liability relating to personal injury, property damage or loss or death. Without limitation of the foregoing, TripActions will not be liable to you, or anyone claiming through you, for any delay in or failure of delivery of goods or services or any damage to any item during shipping, whether by TripActions or by a third party, relating to LLC, or for any direct, indirect or consequential damages, or lost revenue or profits, arising out of the acts or omissions of TripActions, any merchant or any other third party in connection with LLC.
You expressly agree that participation in LLC, redemption of Benefits in LLC and the acceptance and use of Benefits is at your own risk. You assume all risks of loss, injury or damage of any kind and death in connection with the participation in LLC and the acceptance or use of any Benefit. NEITHER TRIPACTIONS NOR ANY OF ITS PARENT COMPANIES, AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES OR CONTRACTORS, WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING TO: (i) A TRANSACTION PURSUANT TO LLC; (ii) USE OF ACCOUNTS OR WEBSITES; (iii) ERRORS, IRREGULARITIES OR FAILURES IN AWARDING, ACCUMULATING, RECEIVING, REDEEMING OR USING BENEFITS; (iv) THE DESIGN, MANUFACTURE OR USE OF ANY BENEFIT; (v) ANY FAILURE BY A MERCHANT OR OTHER PRODUCT OR SERVICE PROVIDER TO HONOR ANY LLC-RELATED PROMISE OR OBLIGATION; (vi) LATE, LOST, DELAYED, CORRUPTED OR INCOMPLETE E-MAILS OR OTHER COMMUNICATIONS; (vii) PROBLEMS, FAILURES OR TECHNICAL MALFUNCTIONS OF ANY ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, HARDWARE/SOFTWARE, PLAYERS OR BROWSERS; (viii) INJURY OR DAMAGE TO COMPUTER EQUIPMENT RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN THIS LLC; (ix) INCORRECT OR INACCURATE CAPTURE OF, DAMAGE TO, DISCLOSURE OR LOSS OF MEMBER INFORMATION; (x) REVISIONS TO THE TERMS AND CONDITIONS; AND (xi) ANY ERRORS OR OMISSIONS IN CONNECTION WITH LLC; IN EACH CASE WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER THEORY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
MISCELLANEOUS
All decisions regarding the operation of LLC will be made by TripActions in its sole discretion.
By participating in LLC, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between you and TripActions relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between you and TripActions with respect to such subject matter. Headings in these Terms and Conditions are inserted for convenience only and in no way alter, amend, modify, limit, or restrict the terms of participation in LLC or obligations of Members under these Terms and Conditions. These Terms and Conditions may not be changed, waived, or modified except by TripActions as provided herein or otherwise by written instrument signed by TripActions. These Terms and Conditions or any right, obligation, or remedy hereunder is not assignable, transferable, delegable, or sublicensable by an LLC Member except with TripActions’ prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. TripActions may assign, transfer, or delegate these Terms and Conditions or any right or obligation or remedy hereunder in its sole discretion.
DISPUTES
Before filing a claim related to these Terms and Conditions, each party agrees to try to resolve the dispute by contacting the other party through reasonable means and providing notice of the dispute. Both parties will use good faith efforts to attempt to reach a resolution. If a dispute is not resolved within thirty (30) days of notice, either party may bring a formal proceeding.
TripActions and you agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in San Francisco, CA or any other location mutually agreeable to the parties.
Either party may bring a lawsuit in the state or federal courts located in Santa Clara County, California: (i) to enforce the arbitration provisions of these Terms and Conditions, or (ii) in the event of a breach by the other party of any confidentiality or proprietary rights of the other party which may cause the non-breaching party irreparable damage, and for which the award of damages would not be adequate compensation. TripActions and Customer hereby consent to exclusive jurisdiction in such courts.
