LiveItUp Terms and Conditions
This Web site is maintained by LiveItUp, a d/b/a of Worldwide Vacation & Travel, Inc., a Florida corporation with its principal place of business at 9995 S.W. 88th Street, Miami, Florida 33176 for your personal information, entertainment, and enjoyment. Please feel free to browse, download from, write reviews, and otherwise use the site. By clicking on Plan A Vacation you can sample the opportunities to purchase lodging, airline tickets, car rental, and cruises offered by LiveItUp through its website, www.liveitup.com. In addition, LiveItUp Membership will entitle you to the following benefits at no additional charge: travel protection plan, discounts at restaurants and retailers, access to community ratings and reviews and LiveItPoints. Click on The Value of LiveItUp for additional details. If you have any questions regarding membership and its benefits, please contact a LiveItUp Customer Service representative at 866-Live It 2 (866.548.3482) between 9 am and 11 pm eastern standard time, Monday through Friday, and 10 am and 6 pm eastern standard time, Saturday and Sunday.
At the same time, please remember that your access to and use of the LiveItUp site is subject to the following terms, conditions, and notices (the "Terms"), as well as all applicable laws. We encourage you to print a copy of these terms and conditions for your personal records. Please note, however, that LiveItUp reserves the right, without notice and for any reason, to modify the Terms, or otherwise modify or remove any content on this site, including benefits and services made available to users by updating this posting and, therefore, you should visit this page to review the Terms from time to time. Your continued participation in LiveItUp following the date of the posting will indicate your acceptance of any such changes. If any modification is unacceptable to you, your only recourse is to notify us that you wish to cancel your membership. LiveItUp reserves the right to deny access to or use of all or any part of this site to any person or persons.
Worldwide Vacation & Travel. Inc. is registered as a State of Florida Seller of Travel, Registration Number 10224; a State of Washington Seller of Travel, Registration Number 601 765 244; a State of Nevada Seller of Travel, Registration Number 2003-0412; and a State of California Seller of Travel, Registration Number 2030985-50 (Registration as a Seller of Travel in California does not constitute approval by the State of California).
Access to and use of member-only, password-protected areas of the LiveItUp site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the LiveItUp site may be subject to prosecution. The LiveItUp site and its contents, including the images of people or places displayed on the LiveItUp site, are the sole and exclusive property of LiveItUp or its licensor(s).
Anything you download, including the information and any images incorporated in the site, is licensed to you by LiveItUp for your personal, noncommercial use only. You may not download, distribute, modify, transmit, use, or reuse any of the site's contents for any public or commercial purpose, without the prior written consent of LiveItUp. In addition, whether or not you have a commercial purpose, you agree not to:
- use the LiveItUp site for the making of any speculative, false or fraudulent reservation or any reservation in anticipation of future demand;
- access, monitor or copy any content or information of the LiveItUp site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of LiveItUp;
- violate the restrictions in any robot exclusion headers on the site or bypass or circumvent other measures employed to prevent or limit access to it;
- take any action that imposes, or may impose, in the discretion of LiveItUp, an unreasonable or disproportionately large load on the LiveItUp infrastructure;
- deep-link to any portion of the site (including, without limitation, the purchase path for any services) for any purpose without express written permission of LiveItUp; or
- use the LiveItUp site to violate, or in violation of, any law, rule or regulation.
All content on the LiveItUp site is copyrighted by LiveItUp or its licensor(s), and may not be used except as provided in the Terms or with the express written consent of LiveItUp. The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on the LiveItUp site are the property of LiveItUp or its licensor(s). Nothing contained on the LiveItUp site should be construed as granting any license or right to use any Trademark displayed on the LiveItUp site without the written permission of LiveItUp or its licensor(s).
Apart from your personal information (the use of which is addressed in the site's Privacy Policy), any and all communications, information or materials sent by you to LiveItUp, electronically or otherwise, including but not limited to data, questions, comments, suggestions, reviews or submissions, are and will be treated as non-confidential and non-proprietary. Upon their receipt by LiveItUp, all such communications, information and materials shall be the sole and exclusive property of LiveItUp and may be used by LiveItUp for any purpose, including, but not limited to reproduction, transmission, disclosure, publication, broadcast, and posting. Further, by using this site, you may submit, or LiveItUp may gather, certain limited information about you and your usage of the site and, subject to the terms of the Privacy Policy, LiveItUp is free to use such information for any purpose.
This site contains links to other Web sites ("Linked Sites") which are provided solely as a convenience to you. Neither LiveItUp nor any of its affiliated companies shall be responsible for the content of any other Web site and make no representation or warranty regarding any other Web site or the contents or materials on such Web sites. If you decide to access any Linked Sites, you do so at your own risk, and such use shall be subject to the terms and conditions associated with any such web site, including, but not limited to, its privacy policy.
Membership in LiveItUp is available to all persons age eighteen (18) years or older, who are legal residents of the United States, its territories and Canada or who otherwise hold a credit card issued by a United States bank. LiveItUp is prohibited from providing benefits or services or otherwise engaging in business with persons residing in countries subject to sanctions by the United States or appearing from time to time on the Specially Designated Nationals and Blocked Persons List and the Terrorism List, as such lists are maintained by the U.S. Office of Foreign Assets Control (collectively "Blocked Persons"). Consequently, notwithstanding any other provision of these Terms, Blocked Persons are ineligible for membership in LiveItUp. Corporations, groups and/or associated entities cannot enroll as LiveItUp members. By enrolling in LiveItUp, you certify that you meet the eligibility requirements set forth herein. Membership in LiveItUp and use of its benefits and services are not available in any jurisdiction where such membership or use is prohibited by law.
All LiveItUp memberships are non-transferable. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Once you have enrolled as a member, paid the prescribed membership fee and registered a LiveItUp membership identification and profile, and for so long as you remain a member in good standing with LiveItUp, you have the option of adding up to four (4) friends or family members as guest members on your account, upon your payment of the designated guest membership fee. The term of membership for each of your guest members will run concurrently with your primary membership for as long as the guest memberships are maintained in compliance with these Terms. LiveItUp reserves the right to terminate guest memberships for violations of these Terms without effecting any termination of your primary membership.
All guest memberships are non-transferable. Like the primary memberships, the rights, duties or obligations of guest memberships may not be assigned, conveyed, subcontracted or delegated. If you desire to delete a guest member, you must contact a LiveItUp Customer Service representative by calling the LiveItUp Customer Service Line at 866-Live It 2 (866.548.3482).
Please note that there is only one membership identification and profile for your membership account. Accordingly, your guest members will be accessing and using the LiveItUp site under your username and password and you assume all risks associated with such access and use. When your membership becomes inactive, delinquent or cancelled, the status of your guest members becomes inactive, delinquent or cancelled, as may be applicable.
You remain responsible for the confidentiality of your account information as well as all financial obligations incurred through use of your membership account, even where such financial obligations are incurred by a guest member. You are also responsible for any loss or damage caused by your guest members.
Promotional memberships may be offered, from time to time, at the discretion of LiveItUp and/or its co-branded partners. Subject to the terms of the applicable offer, promotional memberships are subject to the same terms and conditions as regular memberships and are afforded the same benefits as regular memberships. Persons participating in promotional memberships will be required to provide LiveItUp with the same information at the time of enrollment as persons participating in regular memberships, including credit card information.
By enrolling, you acknowledge that LiveItUp is an Internet-based membership program and that, with the exception of limited customer support available by telephone, all program benefits and services shall be exclusively available for use and enjoyment by accessing the LiveItUp site. You further acknowledge that you must provide and maintain, at your sole expense, all equipment and services (such as ISP services) necessary to access the LiveItUp site, as such may be required from time to time.
You also acknowledge that LiveItUp's primary choice to communicate with you is through email messaging. Where you provide us with a "bad" email address or otherwise fail to exercise good mailbox management, you may miss out on important messages from us. For example, if your mailbox exceeds its limits and refuses to accept new email messages, you will miss out on updates on supplier-driven itinerary changes relevant to planned vacations, limited time discounts or LiveItUp Points opportunities. LiveItUp recommends that you visit our site frequently -- especially, when you have pending travel plans, as your planned itineraries are maintained on the site.
Generally, membership begins upon your completion of enrollment and LiveItUp's successful processing of your payment of membership fees and continues until it expires or is terminated. If you are participating in a promotional membership, your membership begins on the day you redeem a coupon code or otherwise qualify for participation in the applicable membership offer and continues as stated in your offer.
If you have enrolled in a month-to-month membership, your membership (and that of your guest members) will be automatically renewed monthly, without notice to you. For memberships for a stated term (e.g., 1-year memberships)("Term Memberships"), you will receive advance notice of the renewal of your membership (and that of your guest members). Unless you promptly tell us that you want to cancel your Term Membership (or that of one or more of your guest members) at the expiration of its then-current term, such membership(s) will be renewed for the same term as your then-expiring Term Membership.
In all instances, your membership renewal fees (and those of your guest members) will be billed to the credit card you designate at the time of enrollment and maintain as part of your membership profile. Members having Term Memberships will be notified by e-mail when their membership fee (and those of your guest members) has been billed.
Where your opportunity to participate in a promotional membership is conditioned upon you maintaining a Term Membership at the conclusion of your promotional membership, the membership fee corresponding to such required Term Membership will be billed, in full, at the time of enrollment to the credit card you designate and then renewed in accordance with the terms of your promotional membership offer by billing to your designated credit card.
If at any time payment of membership fees or other charges is declined, your membership will be placed in inactive status. If, after we have attempted to contact you regarding your membership status, you fail to respond within 24 hours of attempted contact or otherwise remain inaccessible, then your pending transactions, including but not limited to your travel transactions; your LiveItUp Points, as such are described in Paragraph 24 below; and rebates based on the redemption of LiveItUp Points may be cancelled without notice to you.
LiveItUp reserves the right, in its sole discretion, to change its membership fees, from time to time. In all instances, LiveItUp will provide you with advance notice of any such change through the posting of anticipated fee changes on this site.
Members residing in certain states have statutorily-derived membership recission and other rights. If you reside in Arizona, California, Florida, Iowa, Kentucky, New Hampshire, Nevada or Tennessee, please click on your state of residence for additional details regarding these important rights.
In all instances, you may cancel your primary or guest membership in LiveItUp at any time by calling LiveItUp Customer Service at 1-866-LIVE IT 2 (1.866.548.3482). Cancellation of any promotional membership is subject to the terms of the applicable promotional offer. Cancellation of your membership will also result in a simultaneous cancellation of your guest members' memberships.
Cancellation under this paragraph of any primary or guest memberships that renew month-to-month are non-refundable. If you cancel a Term Membership, you will receive a refund of membership fees, the amount of which shall be determined by LiveItUp. Except where required otherwise by applicable law, in making this determination, LiveItUp will first round your actual period of membership down to the nearest period of multi-year membership then being offered by LiveItUp and consider any remaining period of actual membership to have been purchased by you on a month-to-month basis to determine the membership fees attributable to your actual period of membership, which sum shall be subtracted from the fees actually paid by you to determine the refund to be paid. For example, if you originally sign up for a 2-year membership, but decide to cancel your membership after 14 months of participation, the amount of the refund you receive will be determined by subtracting the sum of a 1-year membership fee and 2 month-to-month membership fees from the 2-year membership fee originally paid by you.
Also, where you have redeemed LiveItUp Points in conjunction with your membership renewal, LiveItUp reserves the right to deduct the dollar value of the redemption rebate previously received by you in determining the amount of your pro-rated refund.
You are considered a LiveItUp member in good standing for so long as you are current in the payment of all fees prescribed by LiveItUp and in compliance with these Terms; provided, however, any failure to comply with these Terms, any abuse of program privileges, any conduct detrimental to the interest of LiveItUp or its suppliers or service providers associated with LiveItUp's benefits or services (collectively, the "Service Providers") or any misrepresentation of any information furnished to LiveItUp or its Service Providers may result in the termination of your membership, the membership of your guest members, the cancellation of reserved services or products, the forfeiture of LiveItUp Points, as such are described in Paragraph 24 below, the cancellation of all point redemptions or all of the above. Termination of your membership shall not affect any right to relief to which LiveItUp, its Service Providers and/or distributors may be entitled, at law or in equity.
You agree to provide true, accurate and complete information as prompted by the LiveItUp site online registration form (the "Registration Data") and agree to maintain and promptly update the Registration Data as necessary in order to keep your Registration Data true, accurate and complete. To ensure the accuracy and integrity of the LiveItUp membership database, LiveItUp does not allow you to change your name once it is entered into the Registration Data. However, address changes are welcomed and should be promptly made by you on the LiveItUp site. If LiveItUp determines that any Registration Data or other information which you have provided LiveItUp is untrue, inaccurate or incomplete at any time, LiveItUp may suspend or terminate your account immediately and may refuse you access to the LiveItUp site as well as use of LiveItUp's benefits and services.
You must select a username and a password as part of the registration process. LiveItUp will encrypt your username and password. For security purposes, you are advised to memorize, and not to write down, your username and password. You are responsible for keeping your username and password confidential, and are solely responsible for all activities that occur under your username and password, including all unauthorized activities.
LiveItUp is entitled to act on instructions received under your username and password. LiveItUp disclaims all responsibility and liability arising from or associated with any credits or debits made to your account by another individual who uses username and password or your failure to adequately safeguard your username and/or password. You agree to (a) immediately, upon discovery, notify LiveItUp of any unauthorized use of your username and password or any other breach of security related to this Web site; and (b) exit your account promptly at the end of each session.
To access and use your LiveItUp benefits, you will need to login to the LiveItUp site and supply the username and password for your account that you selected as part of the registration process. Please note that an automatic log-in function has been designed for your convenience and will result in a cookie being written to the computer in use at the time you enable the automatic log-in function. A cookie is a small text file which will store an encrypted version of a visitor's username and password. However, enabling the auto-login function will allow subsequent users to have access to your account information. Consequently, saving a cookie to a computer other than the one you normally use at home or work is not recommended.
Program benefits and services are for your use for so long as you remain a member in good standing. In addition, guest members are allowed to directly access certain select program benefits, such as travel booking, where the guest member is a member of your household. Non-members are not entitled to participate in program benefits and services. It is important to remember that you or your guest member must be part of any group traveling based on reservations made through LiveItUp.
LiveItUp makes available a wide variety of products and services offered by various Service Providers. Where discounts are made available, whether these discounts represent prices below the actual general market price for these products and services depends entirely on the pricing policies of each individual Service Provider. These same discounts may be available to groups or individuals other than LiveItUp members depending on the policies of the particular Service Provider.
All transactions conducted by you or your guest members on the LiveItUp site, or by linking from the LiveItUp site, are subject to these Terms as well as the specific terms and conditions applicable to the product or service being purchased. In the event of a conflict between these Terms and the terms and conditions applicable to the product or service being purchased, the terms and conditions applicable to the product or service being purchased will prevail in all instances.
Generally, terms and conditions applicable to the product or service being purchased will be stated on (or linked to) the website. It is always advisable to take the time to locate, review and understand the special terms and conditions associated with any contemplated purchase. In particular, it is important to understand your rights with regard to:
- Fares - Often fares for travel services, particularly air travel, are not valid until the actual tickets have been issued.
- Cancellation - Cancellation policies and fees vary by product and service and may differ between vendors of the same product or service. Always make sure you understand your rights to a refund in the event of a cancellation. As it relates to accommodations, these rights are generally found at the "Policies" tab in each property's detailed information.
- Freight, Delivery and Set-Up Charges - Where you purchase products using your LiveItUp membership, you may be required to pay freight, delivery and/or set-up charges as established by the applicable Service Provider. Always make sure you understand whether any such charges will apply to the product(s) you are considering and, if so, how they will be determined prior to completing any purchase of products.
- Additional Charges or Fees - Certain benefits may require you to pay additional fees upon use. For example, you may be required to pay additional fees for the use of certain resort amenities. In addition, you may be required to pay other location-specific mandatory charges, such as utility surcharges or all-inclusive fees. Also, it is important to remember that, unless otherwise stated, you are responsible for all personal and incidental expenses (i.e. food, phone, etc.) associated with the use of the benefit.
LiveItUp reserves the right to modify or substitute the benefits and services made available to you on the LiveItUp site or on Linked Sites or even modify or substitute the Service Providers, from time to time. Similarly, LiveItUp and the Service Providers reserve the right to modify, from time to time, the terms and conditions associated with the use or purchase of various products and services available on the LiveItUp site or Linked Sites. As additional or alternative suppliers and service providers join LiveItUp to provide benefits to you, or as benefits, services or products or their corresponding terms and restrictions change, we will notify you of such changes by revising these Terms and/or the Summary of Current Benefits, as we deem appropriate. Your continued participation in LiveItUp following the date of the posting will indicate your acceptance of any such changes. If any modification is unacceptable to you, your only recourse is to notify us that you wish to cancel your membership.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories associated with your planned destination prior to booking travel. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING TRAVEL BENEFITS, LIVEITUP DOES NOT REPRESENT OR WARRANT THAT TRAVEL IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM OR DURING TRAVEL.
E-ticketing will be the default method of ticketing for most purchases via the LiveItUp site. Please note that additional service and handling charges may apply to requests for ticketing, other than e-ticketing.
Your credit card will be charged in accordance with the practices and procedures of LiveItUp or its Service Provider, depending on which party serves as the merchant of record for your reservation. All rates are quoted in U.S. dollars unless otherwise specified. In order to reserve and use certain accommodations, generally those associated with timeshare resorts, you must be at least twenty-one (21) years of age.
Accommodations reserved through the LiveItUp site may be used only for personal and non-commercial purposes. The sale or rental of your reserved accommodations is expressly prohibited.
Cancellation policies and refund availability will be determined by the hotel or resort at which you have made your reservation or, in some instances, LiveItUp or its Service Provider.
Shortly after confirmation of your accommodations, an e-mail acknowledging your transaction will be sent to the e-mail address you maintain in your membership profile. Upon receipt, please review your confirmation immediately and report any discrepancies to LiveItUp at customerservice@liveitup.com or by calling the Customer Service number specified on your confirmation. Discrepancies not promptly reported will be deemed accepted by you.
Neither LiveItUp nor any of its affiliated companies has any legal or beneficial interest in any developer, seller, or managing entity of any property available through the LiveItUp website. Notwithstanding the foregoing, in the event of check-in difficulties, please contact LiveItUp immediately by calling the Customer Service number specified on your confirmation. In such instances, LiveItUp will use its commercially reasonable efforts to assist you in securing the reserved accommodations or, where such accommodations are unavailable through no fault of you, to work with the developer, seller or managing entity of your reserved accommodations with the goal of securing alternative accommodations of comparable size and quality for you. This assistance shall be the sole and exclusive remedy available to you from LiveItUp and its affiliated companies. In no instance shall LiveItUp or any of its affiliated companies be liable for any injury, loss, damage, accident, delay, irregularity, costs or expenses arising from strikes, war, weather, quarantines, sickness, government restrictions or regulations, acts of God, or for any other cause beyond their reasonable control.
You and your guests are responsible for all personal charges incurred (e.g., telephone calls, charges customarily associated with the use of property amenities and, unless otherwise, specified meals), utilities surcharges or other charges imposed by the property. Ordinarily, daily maid service will not be available at resort locations. However, at properties offering such a service, it is usually at an additional charge. Any such additional charges will be collected at the time of check-in or check-out.
Some properties available through LiveItUp may have ongoing sales of full or partial ownership of real estate or other vacation ownership interests. Neither you nor your guests are required to participate in any such sales presentation. During the use and occupancy of any reserved accommodations, you and your guests must observe the property's rules and regulations. Violation of such rules and regulations may result in the loss of occupancy rights at the property. In addition, you are responsible for any loss or damage to the reserved accommodations caused by you and/or your guests.
E-coupons that are made available to you by Entertainment Publications are subject to an annual print limitation, which is currently set at 50 coupons per year. If you click the ‘Print’ button on the LiveItUp site, it will be counted as a print and deducted from your annual print limitation, regardless of whether you ultimately print the coupon for your use.
LiveItUp's preferred form of payment is credit cards issued by US banking institutions. CardsCredit cards currently acceptable are: Visa, MasterCard, Discover and American Express. LiveItUp recognizes that, in some instances, members may be able to use debit cards as credit cards. Such use is not recommended and LiveItUp will not be responsible for any additional charges that might be incurred by the member as a result of such use, including, but not limited to, non-sufficient fund charges arising from delays in the processing of account credits based on subsequently-requested refunds.
For the purchase of certain products or services, LiveItUp will not be the merchant of record. Instead, the applicable Service Provider or its supplier will appear on your statement as the merchant of record. In fact, in any instance in which you include products or services made available by different merchants of record in a single shopping cart transaction, you will observe multiple charges being made to your credit card of record with the total of all such charges equaling the total you agreed to when you completed that single shopping cart transaction. Always bear in mind that your recourse will be limited to the applicable merchant of record, subject to the limitations set forth in these Terms.
You agree that you are responsible for prompt payment for products or services purchased by you or, where applicable, your guest member, on the LiveItUp site or on a Linked Site to the extent an additional fee or charge applies. For example, where you use LiveItUp's Personal Assistant service to purchase concert tickets, use of LiveItUp's Personal Assistance service is free to you as a member benefit, but you are responsible for the cost of the tickets, plus any additional taxes and fees
Your failure to make prompt payment may result in the termination of your membership (and that of your guest members), the cancellation of purchased products or services, the forfeiture of LiveItUp Points, as such are described in Paragraph 24 below, the cancellation of all point redemptions or all of the above. Also, if you fail to timely pay for any goods or services purchased on the LiveItUp site or any Linked Sites, you agree to reimburse LiveItUp, its Service Providers and their respective suppliers, as applicable, for all fees, costs and expenses, including reasonable attorneys' fees, incurred in collecting any overdue amounts.
In the event that you dispute payment for a product or service purchased on the LiveItUp site or a Linked Site, your membership, although not expired or terminated, may be placed into inactive status. During such period, you and your guest members will not be able to enjoy the use of LiveItUp's benefits or services or purchase products or services nor will you be able to earn or redeem LiveItUp Points, as such are described in Paragraph 24 below. Similarly, all pending LiveItUp Point awards and redemptions will be suspended pending resolution of the dispute and may be cancelled in the event such dispute is resolved in a manner unfavorable to LiveItUp.
Where you wrongfully dispute payment for a product or service purchased on the LiveItUp site, LiveItUp reserves the right to collect all costs incurred by it and its Service Providers or their suppliers in the resolution of your disputed payment. Also, where you successfully dispute payment for a product or service purchased on the LiveItUp site, LiveItUp reserves the right to recover any rebates previously paid to you based on the disputed purchase, usually by placing a charge on your designated credit card in the amount of the previously-paid rebate.
The LiveItUp Points program allows you to earn rewards based on your and your guest members' participation in LiveItUp and redeem them for rebates on future transactions. Your participation in the LiveItUp Points program is subject to these Terms, as such may be established by LiveItUp from time to time, in its sole discretion. In all instances, your membership with LiveItUp must be in good standing in order to earn or redeem LiveItUp Points.
The current ways to earn LiveItUp Points under the program are summarized at Ways to Earn LiveItUp Points Schedule However, LiveItUp reserves the right to modify or terminate this schedule, from time to time. Your participation in LiveItUp does not create in you to any vested right to earn LiveItUp Points and you should not rely upon a continued availability of LiveItUp Points.
In addition, from time to time, LiveItUp, its Service Providers and/or other third parties may contact you via email messaging, telemarketing and/or direct mail with offers providing you special opportunities to earn LiveItUp Points. As it relates to each of these offers, LiveItUp will use its commercially reasonable efforts to ensure that you are offered the ability to opt-out of the sender's future communications of this nature. To earn LiveItUp Points through any of these offers, you must meet the offer's eligibility requirements and comply with its unique terms and conditions.
When you receive your LiveItUp Points depends on how you earn them. If you earn LiveItUp Points by booking travel or vacation packages or purchasing tickets for attractions, events, and destination activities on the LiveItUp site, you will receive your Points generally within 30 days of the travel or activity date. An e-mail confirmation will be sent to you on the day you complete your travel or activity stating the number of LiveItUp Points earned.
If you earn your LiveItUp Points by contributing to the LiveItUp site community, e.g., by updating your membership profile or submitting a review, you will receive your points immediately. In this instance, you will not receive an e-mail confirmation of your award, but your new LiveItUp Points total should be immediately reflected on the LiveItUp site.
In any instance in which you cancel the purchase of a product or service or otherwise reverse a transaction for which you would have earned LiveItUp Points, you automatically forfeit the associated points.
You are responsible for ensuring that your LiveItUp Points are properly credited. If proper credit does not appear on your account's activity statement, please contact us at customerservice@liveitup.com Allow approximately six to eight weeks for any errors to your LiveItUp Points account to be corrected. All LiveItUp Point discrepancies or errors must be brought to the attention of LiveItUp within one year of the date on which they were earned.
The current redemption schedule for the various awards offered under the program appears at LiveItUp Points Redemption Schedule. However, LiveItUp reserves the right to withdraw, limit, or modify the awards that may be available to you or otherwise terminate the redemption of LiveItUp Points, from time to time. The accumulation of LiveItUp Points does not create in you to any vested rights with respect to the LiveItUp Points or any awards that may be acquired through their redemption. In accumulating LiveItUp Points, you should not rely upon the continued availability of this program or of any particular award or award level.
To redeem LiveItUp Points, you must fully complete the transaction against which you desire to redeem LiveItUp Points and then redeem your LiveItUp Points by receiving a rebate of amounts paid as a consequence of the transaction. For example, if you desire to use accumulated LiveItUp Points towards the purchase of a cruise or the rental of resort accommodations, you must make your reservations, pay for your travel and complete your travel. When you return from your travel, you will receive a check in the amount of the applicable rebate. Similarly, if you desire to use accumulated LiveItUp Points for the renewal of your membership, you must complete and pay for your membership renewal in accordance with Paragraph 10 above and, thereafter, you will receive a rebate check in an amount corresponding to the amount paid by you for membership renewal fees.
Once you have redeemed LiveItUp Points, no changes are allowed.
Cancellation or termination of your membership will result in the forfeiture of all earned LiveItUp Points, the cancellation of pending LiveItUp Points redemptions and the forfeiture of any pending awards based on LiveItUp Points redemption.
Any attempted sale, barter, transfer or other assignment of earned LiveItUp Points and/or the awards acquired through their redemption is strictly prohibited and may result in the forfeiture of the subject LiveItUp Points or awards and, in some instances, may result in the termination of your LiveItUp membership.
From time to time, subject to applicable law, LiveItUp may allow third parties or advertisers to contact you directly with select offers by email messaging. As it relates to each of these offers, please be certain to review and understand any of special terms and conditions applicable to your participation in the offer. You must meet the offer's eligibility requirements and comply with its unique terms and conditions to participate.
LiveItUp assumes no liability, obligation, or responsibility relating to or associated with the presence of sponsors or advertisers on the LiveItUp site, any Linked Site, any direct communication or correspondence between you and a sponsor or advertiser and/or your participation in any offer made by a site sponsor or advertiser. Without limiting the generality of the foregoing, LiveItUp expressly disclaims any responsibility for:
- fulfillment and timeliness of delivery of sponsor or advertiser products or services;
- security associated with credit card or other transactions directly initiated by you with a sponsor or advertiser; or
- maintenance of privacy of any personal information given by you directly to a sponsor or advertiser.
You are responsible for opting out of any future promotions from third parties directly on the third parties' web sites if you no longer desire to receive their offers.
Whenever you purchase a product or service from the LiveItUp site or a Linked Site, you will be sent an email regarding your purchase. Please review all confirmations promptly and carefully to ensure their accuracy. If you have any concerns or questions, you should contact us at customerservice@liveitup.com or 866-LIVE IT 2 (1.866.548.3482).
Member complaints should be directed to the LiveItUp Customer Service Line at 866-LIVE IT 2 (1.866.548.3482) or via e-mail: customerservice@liveitup.com To enable us to fully investigate and respond in a timely manner, complaints should be lodged within ninety (90) days after the products or services which are the subject of the complaint are provided, or within ninety (90) days after the travel date, and should include appropriate documentation and any relevant reservation numbers, dates of travel, and actual dollar amounts in dispute, if any. We will use all commercially reasonable efforts to acknowledge your complaint within five (5) business days after its receipt by us.
TO THE EXTENT ALLOWED BY LAW, LIVEITUP DISCLAIMS ANY AND ALL WARRANTIES THAT THE INFORMATION, PROVIDED OR REFERENCED BY THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION RELATING TO LIVEITUP'S BENEFITS OR SERVICES:
- IS MERCHANTABLE OR ACCURATE;
- IS FIT FOR A PARTICULAR PURPOSE OR NEED; AND
- DOES NOT INFRINGE ON ANY THIRD PARTY RIGHTS.
EXCEPT FOR THE EXPRESS WARRANTIES STATED ON THIS SITE, IF ANY, THE INFORMATION, BENEFITS OR SERVICES PROVIDED OR REFERENCED ON THIS SITE ARE PROVIDED "AS IS" AND YOU ASSUME ALL RISKS ASSOCIATED THEREWITH. THE INCLUSION OR OFFERING OF ANY BENEFITS, PRODUCTS, SERVICES, SPONSORS OR ADVERTISERS ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH BENEFITS, PRODUCTS, SERVICES, SPONSORS OR ADVERTISERS BY LIVEITUP.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL LIVEITUP, ITS SERVICE PROVIDERS OR ANY OF THEIR RESPECTIVE AFFILIATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR OR YOUR GUEST MEMBERS' USE OF THE LIVEITUP SITE, YOUR OR YOUR GUEST MEMBERS' DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE LIVEITUP SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY LIVEITUP, ITS SERVICE PROVIDERS OR ANY THIRD PARTIES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LIVEITUP, ITS SERVICE PROVIDER OR ONE OF THEIR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, to the extent allowed by applicable law, if LiveItUp, its Service Provider or any of their respective affiliated companies is found liable for any loss or damage which arises out of or is in any way connected with your and/or your guest members' use of the LiveItUp site, your or your guest members' delay in accessing or inability to access or use the LiveItUp site or the performance or non-performance by LiveItUp, its Service Providers or any third parties, the liability of LiveItUp, its Service Providers and their respective affiliated companies shall in no event exceed, in the aggregate, the greater of (a) the amount paid by you applicable to your then-current membership term; or (b) US$100.00.
Upon renewal of your membership, you waive, on your behalf and that of your guest members, any and all then-existing claims you/or and your guest members have against LiveItUp, its Service Providers and their respective affiliated companies to the extent allowed by applicable law and LiveItUp, its Service Providers and their respective affiliated companies are released from all liability, if any, arising out of your or your guest members' LiveItUp membership which occurred prior to the date of your membership renewal.
These Terms, including LiveItUp's Privacy Policy and any other terms expressly referenced herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding said subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
These Terms and your membership will be governed by and construed under the laws of the State of Florida, excluding only its conflict of law provisions. To the extent allowed by applicable law, you agree to the exclusive subject matter and personal jurisdiction of the state courts of Miami-Dade County, Florida, and hereby waive any jurisdictional venue or inconvenient forum objections to such courts. In the event of litigation between us, the prevailing party shall be entitled to all costs, including reasonable attorneys' fees.
You acknowledge that a violation or attempted violation of any of certain provisions of these Terms, particularly those set forth in Paragraphs 2 and 3 above, will cause irreparable damage to LiveItUp, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that LiveItUp shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you or your guest members.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LiveItUp as a result of this agreement or use of the LiveItUp site.
LiveItUp's performance is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of LiveItUp's right to comply with law enforcement requests or requirements relating to your use of the LiveItUp site or information provided to or gathered by LiveItUp with respect to such use.
A printed version of these Terms and of any notice given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Telephone conversations between members and LiveItUp representatives may be recorded or monitored for training or quality assurance purposes.
Respecting your privacy is a priority for us. However, in order to keep you apprised of your LiveItUp membership status, it is important that we send you certain program information that may include printed and/or electronic periodic statements of your account and other information necessary for administration; printed or email marketing materials from LiveItUp which will inform you of special offers and products we believe would be of interest to you; and marketing materials from third parties that have a strategic marketing relationship with LiveItUp. You consent to receive these types of information, provided, in each instance you are given the opportunity to opt-out of similar future mailings. In all such instances, we agree to abide by the terms of LiveItUp's Privacy Policy.
Members acknowledge and agree that LiveItUp may, upon occasion, offer various products and services through telemarketing programs and members consent to such solicitation including, but not limited to, solicitations through automatic dialing equipment, predictive dialing equipment, and/or pre-recorded messages. Where you provide LiveItUp a telephone number for your cellular telephone as part of your membership profile, you agree to LiveItUp contacting you on such cellular number for all purposes, including, but not limited to, solicitations noted above.
Any rights not expressly granted herein are reserved.
