LivingSocial Plus - Terms and Conditions
Terms and Conditions
Last Updated September 26, 2012
Enrollment in the LivingSocial Plus membership program (the "Program") constitutes acceptance of the following terms and conditions (the "Terms"), which are entered into by you ("Member" or "you", collectively, "Members") and LivingSocial, Inc., (collectively "LivingSocial", "us", "we", or "our"). The Terms, together with applicable terms and conditions related to any promotional offers provided to you for use with LivingSocial Plus, the LivingSocial Conditions of Use, as well as any other applicable terms, conditions, limitations and requirements on the Sites, all of which (as changed over time) are incorporated into these Terms, constitute the entire agreement between you and LivingSocial related to the LivingSocial Plus membership. This Program is being offered as part of our beta-test program and may be available only to users from select locations. If you sign up for a LivingSocial Plus membership, you accept these terms, conditions, limitations and requirements.
Membership General Terms and Conditions
You must be a LivingSocial subscriber in good standing and have a valid credit card on file with LivingSocial (no hold on your credit card, suspension of your LivingSocial account or past amount owed to LivingSocial). We reserve the right to accept or refuse membership in our discretion for any reason.
You must be a legal resident of the United States and 18 years of age or older to participate in the Program.
Your membership is associated with one email account and name. You may not create multiple accounts or sign up for more than one LivingSocial Plus membership.
LivingSocial Plus benefits are nontransferable and may only be used by an individual Member for that Member's personal benefit. Member benefits cannot be combined with benefits accrued by another Member. Member benefits are all prospective from the date of membership enrollment, and will not be applied retroactively to any prior purchases.
You agree that the Program and any Member benefits related thereto do not create any property rights in favor of you.
LivingSocial reserves the right to change or discontinue any Program or Member benefits in our sole discretion at any time without notice.
Deal Bucks and Other Goodies
The Program offers you an opportunity to accrue certain Member benefits, which may include Deal Bucks and the opportunity to spend them in all sorts of delightful ways. "Deal Bucks" are a form of LivingSocial currency that may be applied as a credit towards future eligible LivingSocial purchases, subject to all then current Deal Bucks terms and conditions. When you are a Member, each month we deposit Paid Deal Bucks and Promotional Deal Bucks in Your Account according to your Program subscription. Your Paid Deal Bucks in this Program expire five years after the date of issuance, unless otherwise prohibited by applicable law. Your Promotional Deal Bucks awarded in this Program expire each month. Deal Bucks cannot be applied to certain purchases.
Auto-renewing Monthly Subscription
LivingSocial Plus is a monthly (from the date of enrollment) fee-based, automatically-renewing membership program. Unless you cancel your membership, the then-current renewal membership fee will be charged each month on or around the effective date of your membership to the credit card selected in your LivingSocial account for your recurring LivingSocial Plus payments. You can update credit card information at any time by going to My Account or by calling Customer Care at 877-521-4191. PLEASE NOTE THAT DEAL BUCKS MAY NOT BE USED TO PAY FOR YOUR LIVINGSOCIAL PLUS MEMBERSHIP.
BY ENROLLING IN LIVINGSOCIAL PLUS, YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS. YOU HEREBY AUTHORIZE LIVINGSOCIAL TO CHARGE YOUR CREDIT CARD EACH MONTH AT THE THEN-CURRENT MEMBERSHIP FEE. YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME IN ACCORDANCE WITH THE INSTRUCTIONS HEREIN. YOUR SAME CREDIT CARD THAT YOU USED TO ENROLL INITIALLY WILL BE AUTOMATICALLY CHARGED EACH MONTH, UNLESS YOU CANCEL YOUR MEMBERSHIP OR YOU DESIGNATE AN ALTERNATIVE CARD IN YOUR LIVINGSOCIAL PLUS ACCOUNT PRIOR TO YOUR BILLING DATE. YOUR MEMBERSHIP IN LIVINGSOCIAL PLUS IS CONDITIONAL UPON LIVINGSOCIAL'S RECEIPT OF PAYMENT. IF PAYMENT CANNOT BE CHARGED TO YOUR CREDIT CARD OR IF PAYMENT IS NOT RECEIVED BY LIVINGSOCIAL FOR ANY REASON, INCLUDING CHARGEBACK, LIVINGSOCIAL RESERVES THE RIGHT TO IMMEDIATELY AND WITHOUT NOTICE, EITHER SUSPEND OR TERMINATE YOUR MEMBERSHIP. YOU ARE REQUIRED TO PAY ANY AMOUNTS STILL OWED TO LIVINGSOCIAL AT THE TIME YOUR ACCOUNT IS SUSPENDED OR TERMINATED. EXCEPT WHERE PROSCRIBED BY LAW, YOU AGREE THAT LIVINGSOCIAL IS NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES OR OTHER NOTICES INDICATING THAT YOUR CREDIT CARD WILL BE OR HAS BEEN CHARGED. NOTWITHSTANDING THE FOREGOING, UPON ENROLLMENT, YOU WILL RECEIVE AN INITIAL EMAIL WHICH INDICATES: A) ENOUGH INFORMATION REGARDING THE CREDIT CARD BEING CHARGED FOR THE MEMBER TO VERIFY THE DETAILS, WITHOUT PROVIDING FULL CARD DETAILS; B) A REMINDER THAT YOU CAN CANCEL AT ANY TIME; C) THE MEANS TO CONTACT LIVINGSOCIAL IN THE EVENT THAT YOU WISH TO CANCEL YOUR MEMBERSHIP; AND D) THE AMOUNT YOUR CREDIT CARD WILL BE CHARGED.
We may terminate your LivingSocial Plus membership or the Program at our discretion without notice. If we terminate your membership or the Program, we will give you a prorated refund based on the number of full days remaining in any pre-paid membership month provided that any termination is not related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the LivingSocial Plus membership or is harmful to our interests or another user. If LivingSocial chooses to terminate the LivingSocial Plus program, you will continue to receive Program benefits through the end of your current paid monthly membership term. LivingSocial’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of LivingSocial’s rights.
You can choose to cancel your membership or opt out of the Program at any time by selecting the cancel option in My Account. If you cancel your membership within seven (7) days after your initial enrollment and have not redeemed any awarded Deal Bucks or used any other Program benefits, you may be eligible for a refund. Please contact a Consumer Advocate by 5 p.m. ET on the last day that you are eligible to cancel to request a refund. After seven (7) days, you will not receive a refund of the monthly membership fee, but you will keep any awarded Deal Bucks in your account until they expire. If we issue you a refund, your membership awarded Deal Bucks will be removed from your Account.
Promotional Trial Memberships
We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial memberships cannot be canceled, but trial members can at any time (through Your Account) choose not to upgrade to regular annual membership at the end of the trial period.
Restrictions and Limitations
THIS PROGRAM IS VOID WHERE PROHIBITED BY LAW. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN LIVINGSOCIAL'S CONDITIONS OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO LIVINGSOCIAL PLUS. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR LIVINGSOCIAL PLUS MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Contracting Party, Choice of Law, Location for Resolving Disputes, Contact Information
This Agreement is between you and LivingSocial, Inc. Communications may be directed to: LivingSocial, 1445 New York Ave, NW Suite 200, Washington, DC 20005; email@example.com; 877-521-4191. The laws of the District of Columbia govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and LivingSocial that arises out of or relates to this Agreement shall be resolved by binding arbitration pursuant to the Conditions of Use. You hereby agree to waive any right to trial by jury in any dispute. All capitalized terms not defined herein shall have the same meaning as in the LivingSocial Conditions of Use. The LivingSocial Conditions of Use are incorporated herein