Terms & Conditions
Please read this agreement carefully and completely before accessing and/or using this site. Castle Club Rewards, LLC (DBA, autopricesavings.com & Auto Price Savings) is a New Jersey Limited Liability Company with a business address situated at 100 Overlook Center, 2nd Floor, Princeton, NJ 08540. By using this site and the links accessible through this site, you expressly agree to be bound by this agreement. THIS MEMBERSHIP AGREEMENT (the "Agreement") is made between autopricesavings.com (a DBA of Castle Club Rewards, LLC), where in after called "autopricesavings.com, and the person(s) specified on the Member Profile (hereinafter called the "Member"), with respect to Member's participation as a member of the Auto Price Membership operated by autopricesavings.com (hereinafter called the "Service"). autopricesavings.com reserves the right to prevent any person from becoming a Member at its sole discretion for any reason.
You should periodically review these terms, conditions, and policies for any updates or changes. Your continued use of this site shall constitute notice and acceptance of any such changes. autopricesavings.com disclaims all express or implied representations or warranties regarding the information, services, products, materials, and any other resources available on or accessible through this site, including (without limitation) any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. All such information, services, products, materials, and other resources are made available "as is" and "as available" without warranty of any kind.
Indemnification:
You agree to indemnify, defend, and hold harmless autopricesavings.com from any liability, loss, claim, and expense (including reasonable attorneys' fees) related to your violation of this agreement.
Changes:
autopricesavings.com may change or modify the information, services, products, materials, and any other resources contained on or accessible through this site, or discontinue this site altogether, at any time without notice. autopricesavings.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review this agreement periodically, and your continued use of this site shall be deemed your acceptance of the modified agreement.
Service Description:
The Service will initially consist of a portfolio of benefits designed to make the Member's Internet experiences more secure and valuable. The benefits of the Service and any information provided to Member are subject to change from time to time and without prior notice, and any services ordered are subject to availability. Member may contact our Customer Service Department by sending an email to [email protected] and/or by calling our (866) 472-4734 toll-free phone number to check whether a particular benefit is available through the Service. These Terms of Service are likely to be revised from time to time so Members are encouraged to regularly return to this website and review the Terms of Service for any changes.
Membership Details:
autopricesavings.com agrees to make the services described above available to the Member through the Service during the term of this Agreement; provided that while autopricesavings.com intends to make the Service available to Member 24 hours a day, 7 days a week, subject to scheduled maintenance shutdowns, there may be other times when the Service may not be available and autopricesavings.com retains the right to make the Service unavailable from time to time for any reason. MEMBER AGREES THAT autopricesavings.com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE AVAILABILITY OR DEFECTS IN THE OPERATION OF THE SERVICE. Membership in the Service is not transferable. Member agrees that the Service will be used only for his/her personal use and benefit and that the Member will not use the Service on behalf of, for the benefit of, or as an employee, agent, contractor or representative of any other person, company, organization, entity or third party. Any such use is strictly prohibited, and any request that autopricesavings.com suspects to arise from such use will not be honored or fulfilled. Any printed material and software provided by autopricesavings.com is the property of autopricesavings.com. Member is responsible for all use of this Service and will immediately notify autopricesavings.com of any unauthorized use of the Service membership. Member agrees to not publish, retransmit, broadcast or otherwise reproduce the information or software in any medium. In order to use the service and to qualify for any benefit or premium associated with the service, you must be 18 years or older and a resident of the U.S., Puerto Rico, the U.S. Virgin Islands or Canada. This service is available through a number of different merchants. You may join this service through a single merchant. You may not accumulate benefits through different merchants.
Member acknowledges that use of any particular benefit may be subject to additional terms and conditions ("Product Specific Terms of Service") that Member will be required to agree to prior to the provision of, or access to, any such benefit. Member's use of the Service requires a user name and password in order to gain access and use the Service. Member agrees to keep Member's user name and password private so that it cannot be used by others. autopricesavings.com will not be liable for any damages, losses or expenses suffered by Member or any third party as a result of any unauthorized person gaining access to any of the Member only areas.
Terms:
This Agreement will commence immediately and will renew every 3 months following the Member's respective current term or following the Member's respective current term after the end of the Member's trial period, if such a trial period exists, unless this Agreement is renewed or terminated on the terms set out in this Agreement. Any time-related restrictions on benefits will be calculated from Member's join date.
Membership Fees:
The monthly, quarterly (every three months), or annual membership fee will be the amount to which Member agreed at the time of his or her enrollment (the "Membership Fee"). The Membership Fee will be billed automatically to Member's designated credit card, ISP account, DDA account, debit account, mortgage account, payroll account or charge account (each a "Billing Device") for the initial membership term and each renewal term. autopricesavings.com may change the Membership Fee for renewal terms from time to time. Member will be notified of the charge for the Membership Fee in his/her Billing Device statement.
Renewals:
Unless Member notifies autopricesavings.com via phone, email, or by written letter (866 472-4734 ), [email protected] 100 Overlook Center, 2nd Floor, Princeton, NJ 08540 of his/her intention not to renew the membership prior to the renewal, the membership and this agreement will be renewed automatically, effective the first day following the conclusion of the then current term. Member authorizes autopricesavings.com to bill the membership fee for each renewal term to the billing devise to which member’s initial membership was billed or to the current billing device which autopricesavings.com has in its files for the member.
Termination:
autopricesavings.com has the right to terminate this Agreement and the membership in the Service at any time for any reason if autopricesavings.com refunds to the Member the pro-rata amount of the Membership Fee paid for the then-current term (monthly, bi-monthly, quarterly, annual or as appropriate). Moreover, autopricesavings.com has the right to terminate this Agreement if it is determined that the Member provided an invalid credit card at the time he/she signed up. An invalid credit card may include a lost or stolen card; a card that is not billable (a closed account or an account over its spending limit, for example); or an invalid account number.
MEMBER HAS THE RIGHT TO CANCEL MEMBERSHIP IN THE SERVICE AT ANY TIME UPON VERBAL NOTICE, WRITTEN NOTICE VIA EMAIL OR LETTER TO OUR CUSTOMER SERVICE DEPARTMENT, VIA AN ONLINE CANCEL CENTER (IF AVAILABLE) OR VIA AN INTERACTIVE VOICE RESPONSE UNIT (IF AVAILABLE). THE CANCELING MEMBER HAS THE OPTION TO REQUEST A PRO-RATA REFUND OF THE AMOUNT OF THE MEMBERSHIP FEE PAID FOR THE THEN-CURRENT TERM AND IMMEDIATELY DISCONTINUE USE OF OR RECEIVE ANY BENEFITS OF THE SERVICE; OR THE MEMBER WILL BE ENTITLED TO USE ANY BENEFITS OF THE SERVICE FOR THE REMAINDER OF THE CURRENT TERM, OWE NOTHING FURTHER AND WILL NOT RECEIVE A REFUND OF THE AMOUNT OF THE MEMBERSHIP FEE PAID FOR THE THEN-CURRENT TERM. UNDER THE SPECIAL MEMBERSHIP OFFER, NO REFUNDS WILL BE GRANTED DURING THE FIRST TERM OF MEMBERSHIP. AFTER THE FIRST TERM OF MEMBERSHIP, THE CANCELING MEMBER HAS THE OPTION TO REQUEST A PRO-RATA REFUND OF THE AMOUNT OF THE MEMBERSHIP FEE PAID FOR THE THEN-CURRENT TERM AND IMMEDIATELY DISCONTINUE USE OF OR RECEIVE ANY BENEFITS OF THE SERVICE; OR THE MEMBER WILL BE ENTITLED TO USE ANY BENEFITS OF THE SERVICE FOR THE REMAINDER OF THE CURRENT TERM, OWE NOTHING FURTHER AND WILL NOT RECEIVE A REFUND OF THE AMOUNT OF THE MEMBERSHIP FEE PAID FOR THE THEN-CURRENT TERM. The refund of the Membership Fee, if any, will be made by autopricesavings.com by crediting the canceling Member's Billing Device to which Member's initial Membership Fee was billed or to the current Billing Device that autopricesavings.com has in its files for Member or by issuing, or having issued, a check and mailing it to the address indicated in the records from which the Member is billed. A canceling Member choosing to receive a refund will not receive or be entitled to use any benefits or discounts of the service after the cancellation date.
Waivers:
The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions or other claim in law or equity you may have against autopricesavings.com and/or its affiliates, officers, directors, members, employees and/or agents must be filed within 12 months after such claim or cause of action accrues, or be forever waived and barred. This Terms and Conditions constitutes the entire agreement between autopricesavings.com and you with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, proposals, understandings and representations, written or oral, with respect to the terms and conditions hereof. These terms and Conditions may not be modified or amended except in writing signed by a duly authorized representative of each party. All references herein in the singular shall be construed to include the plural, and the masculine, and the masculine to include the feminine or neuter gender, where applicable, and where the context shall require. Section headings are for convenience of reference only and shall not be construed as part of this Agreement nor shall they limit or define the meaning of any provision herein. No agency, joint venture, or partnership is created by this Agreement, and that neither party shall incur any obligation in the name of the other without the other's prior written consent. In the event that any one or more of the provisions of this Agreement shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected, or if any one or more of the provisions contained herein shall be held to be excessively broad as to duration, activity or subject, such provisions shall be construed by limiting and reducing such provisions so as to be enforceable to the maximum extent compatible with applicable law. Any provision of this Agreement, which by its context is intended to apply after termination of this Agreement, shall survive its termination.
Limitation of Liability & Warranties:
Member acknowledges that, while autopricesavings.com may be the provider of some services, autopricesavings.com may not be involved in actual transactions concerning some services that will be provided directly by third party suppliers (each a "Supplier") to the Member. Member acknowledges that, in such circumstances, autopricesavings.com has no control over the quality, safety, or legality of services advertised by Suppliers, the truth or accuracy of the listings or the ability of Suppliers to sell services and that orders placed by Members through the Service and communicated to Suppliers are offers by Members to purchase services from such Suppliers. autopricesavings.com cannot and does not control whether or not Suppliers will accept such offers or complete the sale of services they offer. With respect to services provided by Suppliers autopricesavings.com will have no liability to Member arising out of (i) the failure of any participating Supplier of any services to supply any such services on the terms offered, (ii) any delay in delivery of any services, regardless of the cause of such delay, or (iii) any defective or nonconforming services.
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE, AND ANY PRODUCT OF SERVICE ACQUIRED THROUGH THE SERVICE, IS AT ITS SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. autopricesavings.com MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT MEMBER'S ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND autopricesavings.com PROVIDES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE. autopricesavings.com MAKES NO REPRESENTATIONS OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES, INCLUDING THAT ANY SUCH SERVICES WILL MEET MEMBER'S REQUIREMENTS, AND MEMBER ACKNOWLEDGES AND AGREES THAT OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT THERE ARE, WITH RESPECT TO SERVICES, NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE. MEMBER ACHNOWLEDGES THAT HE/SHE IS NOT RELYING ON autopricesavings.com'S SKILL OR JUDGEMENT IN SELECTING THE SERVICES AVAILABLE TO THE MEMBER.
autopricesavings.com WILL NOT IN ANY CIRCUMSTANCE IN ANY CONNECTION WITH THIS AGREEMENT, INCLUDING WITH RESPECT TO ANY SERVICES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES WHATSOEVER, INCLUDING ATTORNEY'S FEES OR COSTS OR ANY OTHER ECONOMIC LOSS WHATSOEVER, HOWEVER CAUSED AND WHETHER OR NOT FORSEEABLE, OR FOR CONTRIBUTION OR INDEMNITY IN RESPECT THEREOF, EVEN IF autopricesavings.com HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE LIABILTY OF autopricesavings.com, AND THE EXCLUSIVE RECOURSE OF THE MEMBER, IN THE EVENT OF ANY CLAIM(S) FOR WHICH autopricesavings.com MAY PROPERLY BE HELD LIABLE UNDER AND IN ANY CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR BASIS OF LIABILITY (INCLUDING STATUE, CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM), SHALL BE LIMITED IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS), TO THE ACTUAL PROVEN DIRECT DAMAGES SUFFERED BY THE MEMBER AND SHALL NOT EXCEED THE MEMBERSHIP FEES PAID, INCLUDING AWARDED COUNSEL FEES AND COSTS. NO LEGAL ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT, REGARDLESS OF FORM OR BASIS IN LAW, MAY BE BROUGHT BY THE MEMBER AGAINST autopricesavings.com MORE THAN TWELVE (12) MONTHS AFTER THE FACTS GIVING RISE TO THE CAUSE OF ACTION HAVE OCCURRED, REGARDLESS OF WHETHER THOSE FACTS BY THAT TIME ARE KNOWN TO, OR OUGHT REASONABLY TO HAVE BEEN DISCOVERED BY, THE MEMBER. THE LIMITATION OF LIABILITY PROVISIONS OF THIS AGREEMENT REFLECT AN INFORMED VOLUNTARY ALLOCATION OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THE PERFORMANCE BY autopricesavings.com OF ITS OBLIGATIONS AND RESPONSIBILITIES HEREUNDER AND SUCH VOLUNTARY RISK ALLOCATION REPRESENTS A MATERIAL PART OF THE AGREEMENT REACHED BETWEEN THE MEMBER AND autopricesavings.com IN RESPECT OF THE SERVICE.
IF MEMBER IS NOT SATISFIED WITH ANY SERVICE PURCHASED OR OBTAINED FROM A SUPPLIER THROUGH THE SERVICE, INCLUDING IN THE EVENT THAT MEMBER HAS A DISPUTE WITH ONE OR MORE SUPPLIERS, autopricesavings.com HEREBY DISCLAIMS AND MEMBER HEREBY WAIVES ANY RECOURSE TO OR AGAINST autopricesavings.com AND AGREES TO RELEASE AND INDEMNIFY autopricesavings.com FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, SUFFERED OR INCURRED BY MEMBER DUE TO, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES WITH SUPPLIERS.
Communications:
Member hereby authorizes autopricesavings.com to deliver any and all communications ("Communications"), including but not limited to membership information, procedures on use of the Service, changes in Service benefits, and change in fee to Member's electronic mail address or mailing address at autopricesavings.com's discretion and by any means including at autopricesavings.com's discretion, electronic mail. Member further authorizes autopricesavings.com to deliver any Communication by sending in lieu of such Communication ("the Underlying Communication"), a notice that directs Member to an address on the World Wide Web ("Web") where the Underlying Communication is posted. Member agrees that the sending of a notice of delivery by Web posting shall constitute delivery whether or not Member actually accesses the Underlying Communication via the Web. Member agrees that he/she will not, for any reason, alter any Communication delivered electronically or otherwise. autopricesavings.com does not guarantee Web access, however autopricesavings.com offers Member various ways of accessing its customer service staff.
Laws & Jurisdiction:
This Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its choice of law principles. Member agrees to settle any disputes regarding Supplier products directly with the applicable Supplier and the applicable Product Specific Terms of Service, and not involve autopricesavings.com in a dispute between Member and a Supplier. With respect to any disputes between autopricesavings.com and Member concerning the Service or any autopricesavings.com supplied services, or with respect to disputes involving all of autopricesavings.com, Member and a Supplier, autopricesavings.com and Member hereby agree to irrevocably submit to the resolution of any such dispute to binding arbitration in the State of New Jersey administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. Nothing herein will deprive Member of the benefits of any applicable consumer protection laws, except to the extent lawfully waived by the terms hereof. Payment of the Membership Fee or acceptance of use of any of the benefits or services of the Service will constitute the Member's acceptance of all of the terms and conditions of this Agreement.
General:
If any of the terms or provisions hereof will be held to be invalid or unenforceable, the remaining terms and provisions hereof will not be affected thereby. autopricesavings.com's failure to insist upon or enforce strict performance of any right or provision of this Agreement shall not constitute or be construed as a waiver of any right or provision.
This Agreement, any Product Specific Terms of Service and the Offer Details is the entire understanding and agreement of the parties with respect to the subject matter hereof and will supersede any and all prior oral or written communications, representations or agreements, other than with respect to the initial Membership Fee and membership term to which Member agreed at the time of his or her enrollment.
All sales, use and withholding taxes, if any, due and payable on the Service or any benefit will be paid by Member or the Supplier, as the case may be, and autopricesavings.com will have no liability for such taxes. However, if autopricesavings.com or any taxing authority determines at any time that it is necessary for autopricesavings.com to collect such taxes, Member authorizes autopricesavings.com to bill the amount of such taxes, including back taxes, to the Billing Device to which Member's initial Membership Fee was billed or the current Billing Device which autopricesavings.com has in its files for Member.
In order to provide the Service to Member, autopricesavings.com must collect and use and, in some cases provide to third parties, certain personal information provided by Member and you hereby consent to the collection, use and disclosure of such personal information in accordance with and subject to the terms of our Privacy Policy.
This Agreement may be assigned in whole or in part by autopricesavings.com at any time in its discretion. This Agreement may not be assigned by Member.
Member must notify autopricesavings.com of any change to his/her address, electronic mail address and/or Billing Device. Notifications can be made by contacting our customer service department at (866) 472-4734 and/or [email protected].
These terms, conditions, and policies constitute the entire agreement between you and autopricesavings.com (a DBA of Castle Club Rewards) governing your use of this site. As stated above, your use of this site is also subject to our Privacy Policy. Thank you.
Castle Club Rewards, LLC
DBA, autopricesavings.com & Auto Price Savings
PO Box 292
Colts Neck, NJ 07722
(866) 472-4734
[email protected]