- APPLICATION FOR ENROLLMENT
You may apply for enrollment in the DEALPEAK Plus Membership Program (the “Program”) offered by DEALPEAKP LLC., a Florida Corporation (“DP”) by submitting a completed enrollment application via telephone, online or in print. Submitting your application indicates your agreement with and acceptance of these Terms and Conditions, as may be amended from time to time by DP in its sole discretion. DP may amend these Terms and Conditions, at any time, by posting the amendments on DP’s company website, www.dealpeak.com. All amendments to these Terms and Conditions shall automatically be effective upon the effective date specified in the posting or, if no effective date is specified, 30 calendar days after they are posted on www.dealpeak.com. By continuing to use DP’s website, you agree to the amended Terms and Conditions.
- MEMBERSHIP STATUS
- Your Certification by DP as a Member. You will become an active Member of the Program (“Member”) immediately upon (i) DP’s certification of you as a Member of the Program (“Membership”), and (ii) DP’s receipt and collection of your Membership Fees. DP’s certification may include, but is not limited to, receipt of a completed enrollment application from you. If your Membership is not certified, DP will refund your Membership Fees.
- Memberships Obtained Through Authorized Resellers. If you submitted your enrollment application and/or paid your Membership Fees to a DP authorized reseller, then your status as a Member will be subject to DP’s receipt of your completed enrollment application and Membership Fees from such DP authorized reseller. If DP does not receive either your completed enrollment application or your Membership Fees from the authorized reseller, DP shall have no obligation to enroll you in the Program or activate your status as a Member. You agree to release DP from any claim related to the submission of your enrollment application or payment of your Membership Fees to a DP authorized reseller.
- Your Membership Term; Automatic Renewal. Your Membership has a term disclosed on your enrollment application and will be effective for the term disclosed on such form from the date you are certified in DP’s membership tracking system. Unless you elect not to renew your Membership by contacting DP in accordance with the policy stated in paragraph 6c of these terms and conditions, at least thirty (30) days prior to the expiration date of your current Membership term or DP elects not to renew your Membership, your Membership will be automatically renewed for successive terms of the same duration of time as stated on the initial enrollment application, subject to payment and collection of the applicable Renewal Fee(s). DP reserves the right to amend the Renewal Fee(s) at any time by posting the amended Renewal Fee(s) on www.dealpeak.com.
- Contact DP With Questions About Your Membership. If you have any questions regarding your Membership, you may contact DP by visiting www.dealpeak.com or calling DP’s Call Center at 800-919-2339.
- MEMBERSHIP DUTIES AND OPPORTUNITIES
- DP’s memberships and membership benefits are not transferable and may not be resold or combined with any other membership benefits or benefits programs as determined by DP in its sole and absolute discretion.
- Membership Opportunities. As an Member, you may be eligible for special, exclusive travel opportunities and prices negotiated exclusively for DP and certain travel industry and non-travel industry perks and benefits offered by DP from time to time.
- REBATES PAYABLE TO YOU
- Travel Rebates Payable to You. DP may pay you a rebate not to exceed five percent (5%) of the base price of the travel you’ve booked for travel on participating travel suppliers, not to include taxes and fees paid (“Rebates”). DP reserves the right to pay Rebates to its Members only when they have accumulated a minimum of $35.00 in earned rebates. DP further reserves the right to pay rebates in the form of a travel credit or GTI Travel Points equal to the amount of the Rebate earned. Upon termination of your Membership, you agree to forfeit and waive all rights to any pending Rebates related to your transactions as a Member of DP unless otherwise prohibited by law. In the event that you fail to comply with any of these Terms and Conditions or the Guidelines or you owe any amounts due to DP, its partners and/or suppliers, DP reserves the right to retain any and all Rebates earned by you for any balances due DP, DP’s suppliers. DP reserves the right to cancel your membership if your membership or the benefits of the membership are being used by anyone outside of your immediate family or in a manner prohibited by the terms of your membership.
- You Are Responsible for Taxes Payable on Payments Made to You by DP. DP will not withhold any taxes from any payments made to you pursuant to these Terms and Conditions. DP has not, is not and shall not be obligated to make, and it is the sole responsibility of you to make all periodic filings and payments required to be made in connection with any withholding taxes, FICA taxes, federal unemployment taxes, and any other federal, state or local taxes, payments or filings required to be paid, made or maintained in connection with any payments made to you by DP.
- Members Who Are Not United States Residents or Citizens. If you are, or if you place an order on behalf of, a resident and/or citizen of a country other than the USA, you acknowledge that applicable laws, regulations, taxes, and tariffs, as well as factors including, but not limited to, costs and charges associated with foreign shipping and handling, exchange rate fluctuations, and points of origin/destination, may reduce or eliminate benefits of doing business as a Member with DP that would otherwise be available to a resident and citizen of the USA.
- Members Who Are Not United States Residents or Citizens. If you are, or if you place an order on behalf of, a resident and/or citizen of a country other than the USA, you acknowledge that applicable laws, regulations, taxes, and tariffs, as well as factors including, but not limited to, costs and charges associated with foreign shipping and handling, exchange rate fluctuations, and points of origin/destination, may reduce or eliminate benefits of doing business as an Member with DP that would otherwise be available to a resident and citizen of the USA.
- PAYMENT OF AMOUNTS YOU OWE TO DP
- Payment Authorization. You authorize DP to collect payment of your Membership Fees, Renewal Fee(s) and any other charges, by automatically charging any billing vehicle DP has on file for you. Should you prefer to be billed in advance for your Membership Renewal Fee rather than charged automatically for any Membership Renewal Fees, you must notify DP in writing no less than sixty (60) days from the expiration date of your Membership. For any amount owed by you to DP, DP reserves the right to (i) assess late fees and penalties for past due balances to the maximum extent allowed by law, (ii) process the balance due and all associated late fees and penalties (for past due amounts), and Collection Costs and Returned Check Fees (as such terms are defined below) on any billing vehicle that DP has on file for you, (iii) offset the balance due plus any late fees and penalties and Collection Costs and Returned Check Fees against any Rebates payable to you. In the event that DP incurs any fees and costs, including, without limitation, legal fees and expenses, in connection with its collection of any amounts due from you to DP (the “Collection Costs”), you agree to pay all Collection Costs. In the event that any check that you issue or remit to DP is returned, you agree to pay to DP all costs and expenses as permitted by law (the “Returned Check Fees”).
- Approvals for Membership Fees. In the event that DP is unable to obtain an approval code for the preliminary charge for your Membership Fees, DP reserves the right to continue to attempt to obtain an approval code by resubmitting the same charge through DP’s credit card processor.
- Monthly Payment Plans. DP may, in its sole discretion, offer the option to make payments for the initial purchase payable on a pre-established monthly payment plan. Said purchase may include, but may not be limited to, Membership Fees. Such payment plan will be assigned at the time of purchase and may not be changed by you once established. If you select a monthly payment plan at the time of purchase, you agree that all payments within the schedule will be automatically charged on the assigned due date to the billing vehicle chosen at the time of purchase. Collection of your initial payment of the agreed upon plan will indicate your agreement to make all payments to DP as scheduled and agreed upon at the time of initial purchase of the applicable Membership or optional program, product or service, providing you have not elected to cancel your Membership pursuant to paragraph 6 of these terms.
- Payments Not Collected. If DP is unable to collect the full amount or any amount of a payment due and payable to DP for your Membership, Renewal and/or any optional programs, products and/or services, DP reserves the right to terminate or suspend your Membership and/or your optional programs, products and/or services without notification. In addition, in the event we are unable to collect all of any portion of any payment billed to your credit card, you will be charged a fee in the amount determined by applicable law. Upon receipt of the total amount due, DP may reactivate your Membership, optional programs, products and/or services subject to receipt of late fees, which may be charged to the maximum extent required by law. DP also reserves the right to accelerate any and all balances for payments due for Membership and/or Renewal Fees should you default on your agreed payment plan.
- Collections of Monthly Fees by Third Party Agencies. DP reserves the right, in its sole discretion, at any time during the Membership contract to sell or assign any payments due from you to DP to a third party for collection. These payments include, but are not limited to, monthly Membership Fees, Renewal Fees, as well as any other fees.
- TERMINATION, CANCELLATION OR EXPIRATION OF YOUR MEMBERSHIP
- Termination of Your Membership. In the event that you fail to comply with any of these Terms and Conditions or the Guidelines, DP may immediately terminate your Membership. If your Membership is terminated by DP for any reason, you will not be entitled to any refund of payments or Membership Fees, and any and all Rebates earned by you may be withheld if necessary to offset any balances owed to DP and/or DP’s suppliers. Any rebates that exceed $25 not being applied to unpaid balances will be refunded to you. In the case where such a third party reseller enrolled you and collected your Membership Fees, you agree that all refunds shall be paid to you from such third party reseller. DP reserves the right to cancel any membership at any time for any reason in its sole discretion.
- Cancellation of Your Initial Membership. You may cancel your Membership by notifying DP via telephone at 800-919-2339 FREE, during DP’s normal operating hours, which are from 9:00am and 6:00pm Eastern Time, Monday through Friday, and within the time period allotted as stated on your Member Application. Once the cancellation is received via telephone and you have been given a cancellation number, a refund, if applicable, will be issued less any applicable activation, shipping, processing, and/or application fees that may have been charged at the time of enrollment. Activation, shipping, processing, and/or application fees are non-refundable. NOTE: Faxed, emailed or mailed requests for cancellation will not be processed by DP. You agree that submitting a request for cancellation using these methods will be considered an invalid request.
- Cancellation of Your Renewal Membership. Unless DP elects not to renew or you elect not to renew your Membership by notifying DP via telephone during DP’s normal operating hours, which are 9:00am to 6:00pm Eastern Time, Monday through Friday, at least thirty (30) days prior to the expiration of your Membership, your Membership will be automatically renewed for additional terms of the same duration of time as on the initial application, subject to payment and collection of the applicable Renewal Fee(s). Should you elect to cancel your Membership, once the cancellation is received via telephone and you have been given a cancellation number, a refund, if applicable, if such a refund is due for the renewal term. NOTE: Faxed, emailed or mailed requests for cancellation will not be processed by DP. You agree that submitting a request for cancellation using these methods will be considered an invalid request.
- DP’S COLLECTION OF INFORMATION AND PRIVACY OF YOUR INFORMATION
Some of the ways DP accumulates and uses your personal information include, but are not limited to the following: DP uses the information it collects about you to process orders and to provide better service. When you make a reservation using DP’s services, DP may need to know your name, email address, mailing address, phone number, credit card number, and expiration date. This allows DP to process and fulfill your order and to notify you of your order status. When you subscribe to DP’s e-newsletter, DP may ask for your name, address, phone number and email address so that it can properly route the information. When you enter a contest or other promotional feature, DP may ask for your name, address, phone number and email address so it can administer the contest and notify winners. DP personalizes your experience online by using your contact with DP’s websites to shape DP’s recommendations about DP content that might be of interest to you. DP also monitors customer traffic patterns and website usage to help it develop the design and layout of the site. DP may also use the information it collects to occasionally notify you about important changes to its services, new services and special offers. In addition, DP may choose to sell, trade, or rent your personal information to third parties. Such third parties may use your information for a variety of reasons including, but not limited to soliciting you for offers of products and/or services. OPTING OUT-If you would rather not receive information from DP or do not want DP to disclose your information to unrelated third parties, please send DP an email notification at [email protected] or in writing to DEALPEAK, LLC. 185 SPANISH RIVER BLVD. STE 240 BOCA RATON, FL 33431. Please specify in your email to opt out of third party offers, opt out of DP offers, or opt out of both DP and third party offers. You agree to allow DP up to thirty (30) days for the change to take effect in DP’s system. The change will not have been deemed to take effect until you receive a written confirmation of the change from DP.
- DISCLAIMER OF WARRANTY
In the event that any travel product or service provided by a third party supplier is unsatisfactory to you, you will look solely to the provider of the product or service for rectification. All warranties, expressed or implied, related to travel products provided by a third party supplier are the responsibility of the third party supplier. DP DOES NOT MAKE ANY REPRESENTATIONS AS TO THE QUANTITY OR QUALITY OF SPECIAL TRAVEL OPPORTUNITIES, DISCOUNTS OR OTHER BENEFITS THAT MAY BE OFFERED BY DP. YOU UNDERSTAND AND AGREE THAT, AS PART OF THE OVERALL PRICE PAID FOR YOUR MEMBERSHIP, DP PROVIDES THE DP MARKS, PROMOTIONAL MATERIALS, SUPPORT AND THE PROGRAM “AS-IS” AND WITHOUT WARRANTY OF ANY KIND OTHER THAN AS EXPRESSED AND SET FORTH IN THESE TERMS AND CONDITIONS. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED BY DP, THE DP MARKS, PROMOTIONAL MATERIALS, SUPPORT AND THE PROGRAM, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, BY DP, ITS MEMBERS, REPRESENTATIVES OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.
- LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT WILL DP OR ITS AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, MEMBERS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST DATA, DELAYS, LOST PROFITS, LOSS OF REVENUE OR ANY OTHER ECONOMIC LOSS, COST OR EXPENSE ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EVEN IF DP OR ITS AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, MEMBERS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DP BE LIABLE FOR ANY TYPE OF LOSS TO YOU CAUSED BY AN EVENT BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, GOVERNMENT RESTRICTIONS, NATURAL DISASTERS, TERRORIST ACTS, WARS, RIOTS, STRIKES, AND OTHER ACTS OF GOD. IN NO EVENT WILL DP’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEED THE LESSER OF DP’S REVENUES RECEIVED DIRECTLY FROM YOU UNDER THESE TERMS AND CONDITIONS IN THE SIX (6) MONTHS PRECEDING THE DATE THE CAUSE OF ACTION ARISES OR FIVE HUNDRED DOLLARS ($500). IN NO EVENT WILL YOU BRING ANY ACTION AGAINST DP MORE THAN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ARISES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- All Disputes Shall be Settled by Arbitration. In the event of a dispute between you and DP, you and DP agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties mutual interests. All disputes shall be submitted to final and binding arbitration to be conducted in Orange County, Florida, or a location closest to Orange County, Florida if no such location for the chosen arbitration body exists there. MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL. The party filing the arbitration must choose one of the following three arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration:
American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 100174605 (phone: 8007787879) (http://www.adr.org) National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 554050191 (phone: 8004742371) (http://www.arbforum.com) JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 (phone: 9492241810) (http://www.jamsadr.com) In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select another of the firms. Each party will bear its own expenses, and the parties will share equally the filing and other fees of the arbitration firm and the expenses of the arbitrator, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous. The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section. During the pendency of such arbitration and until final judgment thereon has been entered, these Terms and Conditions will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable. In the event that any State or Federal court rules that this arbitration provision is defective in whole or part or permits an action to be filed in a State or Federal court then the parties agree to have their dispute heard before a court located nearest to Orange County, Florida. The parties also agree to have any such dispute heard before a Judge and waive any rights to a Trial By Jury.
- Waiver. The waiver by any party of a breach of any provision of these Terms and Conditions shall not operate as a waiver of a breach of any other provision of these Terms and Conditions by any party.
- Credit Reports. You authorize DP to report DP’s credit experience with you to others solely for: (i) periodic review of your independent contractor booking activity; and (ii) collection purposes.
- Call Monitoring/Recording/Prerecorded Messaging/Predictive Dialing. You understand that DP may monitor, tape and/or record any conversation that may occur between us. However, DP is not obligated to do so and it may choose not to do so. You authorize DP to contact you at their discretion by using prerecorded messaging devices and/or Predictive Dialing devices. If you choose not to be contacted by this method, please contact Member Services.
- Notices. All notices, requests, consents, and other communications required or permitted pursuant to these Terms and Conditions shall be in writing, including electronic transmission, and shall be, as elected by the person giving such notice, hand delivered by messenger or courier service, or mailed via regular mail, postage prepaid, and addressed to DP at 185 SPANISH RIVER BLVD. STE 240 BOCA RATON, FL 33431, and if to you, to the most recent address on record with DP. Each such communication shall be deemed delivered on the date delivered if by personal delivery, messenger or courier service, or five (5) days from the postmark on such communication.
- Assignment of Rights and Obligations Under These Terms and Conditions. DP may assign its rights and obligations pursuant to these Terms and Conditions without prior notice. You may not assign your Membership, your duties as a DP Member, or your rights or obligations pursuant to these Terms and Conditions.
- Sever-ability. If any term, condition or provision of these Terms and Conditions or the application thereof to any party or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of these Terms and Conditions shall not be affected thereby. In each other term, condition and provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.
- Certain Provisions Survive Termination, Cancellation or Expiration of Your Membership. All covenants, agreements, representations, and warranties made in these Terms and Conditions shall survive the termination, cancellation, or expiration of your Membership.
- The Headings Are for Convenience of Reference Only. The headings contained in these Terms and Conditions are for convenience of reference only, are not to be considered a part of these Terms and Conditions and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions.
- Florida Law Governs These Terms and Conditions. These Terms and Conditions and all transactions contemplated by these Terms and Conditions shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, without regard to principles of conflicts of laws.
- These Terms and Conditions Are Our Entire Agreement. These Terms and Conditions, subject to amendment from time to time, represent the entire understanding and agreement between you and DP with respect to the subject matter of the same, and supersede all other negotiations, understandings and representations (if any) made by and between you and DP. These Terms and Conditions shall not be construed more strongly against DP despite DP’s responsibility for its preparation.
These Terms, the Program and pricing are subject to change without notice.
Program and pricing are subject to change without notice.