The following terms and agreement govern the American Homeowners Association (AHA)® Membership and the benefits available thereunder (the "AHA Service"). ALL PERSONS SUBSCRIBING TO THE AHA SERVICE ARE URGED TO READ THE TERMS OF MEMBERSHIP AND MEMBERSHIP AGREEMENT CAREFULLY AND IF THERE ARE ANY QUESTIONS TO CONTACT AN AHA REPRESENTATIVE TOLL-FREE AT 1-800-470-2242, 8am - 6pm EST Monday-Friday, or by email to [email protected], or by fax to 203-323-4558. This terms of membership and membership agreement (the "Terms of Membership and Membership Agreement," or "Agreement") is made between AHA American Homeowners Association ("AHA"), a service of Divi Equities, Inc., with executive offices at 263 Tresser Blvd., 9th Floor, Stamford, CT 06901 and the person specified on the AHA membership card. ("you" or the "Member").
- Description of AHA Services. Each Member is entitled to receive discounts and other benefits on specified home-related and other products and services offered by participating vendors ("Benefits").
- All Benefits, including, without limitation, a then current listing of participating vendors, are accessible online at www.ahahome.com (the "Benefits Website"). To access Benefits or information related to Benefits or the AHA Service from the Benefits Website, a Member will be required to enter his or her AHA membership number and last name. In lieu of accessing the Benefits Website, Members may dial the appropriate AHA Service toll-free telephone number located on the AHA Service membership site and included in membership information emailed to all members.
- Discounts and other Benefits available to Members are based upon negotiated group discounts from participating vendor's usual and customary fees, or on national or regional fees for such Product. A Member's actual savings and benefits will vary depending upon Member's location in the [continental] United States and the specific Benefit. Discounts and other Benefits available to Members may not be combined with discounts from any other discount program.
- All Benefits are subject to discontinuation, change, modification, improvement or substitution without notice and AHA makes no representations or warranties with respect to, and accepts no responsibility or liability for, out of date or erroneous information related thereto.
- AHA has negotiated with the providers of Benefits in an attempt to acquire the best possible products, services and discounts for its members.
- Membership Term; Renewals. A Member shall be entitled to all of the Benefits available to Members of the AHA Service for the ensuing twelve-month period under the annual plan, or the installment period as authorized upon enrollment under the installment plan, or the multiyear period as authorized under the multiyear plan, commencing on the date of acceptance of the Member's application for enrollment and, in the case of the annual plan renewal, for each twelve-month period thereafter (the "Membership Term"). AHA reserves the right to change the terms and conditions of this Agreement at any time, and may cancel this Agreement or the AHA Service.
- Electronic Disclosure and Consent. Your submission of an electronic application shall constitute your consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. AHA will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided.
- At your request, AHA agrees to provide you with a paper copy of any amendments to this Agreement but AHA may charge you a fee for such service. You may request paper copies of required notices by calling 1-800-470-2242.
- You have the right to withdraw this consent, but if you do AHA will immediately terminate this Agreement and/or the AHA Service. To withdraw your consent, please contact AHA by calling 1-800-470-2242.
- In order for you to access and retain this information, your system must meet the following requirements: (1) An IBM or Macintosh compatible computer, (2) Internet Access, (3) An Internet browser such as Internet Explorer 4.0 or above, Netscape Navigator 4.0 or above or another such equivalent Internet browser. In order for you to print or download disclosures you must have a printer connection from your PC or sufficient hard-drive space available to save the disclosures. If these software or hardware requirements change, AHA will provide you with prior notice of such change and the opportunity to withdraw your consent via electronic mail. Your submission of an online application shall constitute your acknowledgement that you have access to the software and hardware necessary to receive via electronic means these disclosures and notice of any changes to the software and hardware requirements.
- It is your responsibility to contact AHA immediately if your electronic or US postal mail address changes. You can contact AHA to inform AHA of such changes by calling 1-800-470-2242, or by email to [email protected]
- AHA Service Fee; Renewal Fees. The current AHA Service membership fee (the "Service Fee") will be automatically billed to Member's designated credit card account or other authorized billing source (e.g., debit card, mortgage statement, etc.) on a periodic recurring basis as authorized upon enrollment. This fee will appear on your billing statement with the description "American Hmwnrs Assn. 800-470-2242". Any Member who uses a debit card as the designated credit card account acknowledges that AHA will not be responsible for any fees or penalties associated with insufficient funds, bounced checks or any other form of fee due to a charge of the Service Fee to a debit card provided by the Member. Unless Member notifies AHA that he or she does not wish to renew membership in the AHA Service pursuant to Section 4 of this Agreement, then AHA will automatically renew membership at the end of each Membership Term as authorized upon enrollment and bill the then-current renewal Service Fee to the designated billing source. If AHA is unable to charge the Service Fee for the membership on the designated credit card account or other authorized billing source, AHA will attempt to process a reduced Service Fee for a proportionately reduced Membership Term. Members will continue to enjoy the Benefits of the AHA Service for the shorter Membership Term and such Member's membership shall thereafter automatically renew for the shorter Membership Term unless such Member contacts AHA to request cancellation. If a Member prefers to restore the AHA Service for the full Membership Term, that Member should (i) contact the issuer of his or her credit card account or other authorized billing source to correct any problems with his or her account and (ii) contact AHA so that AHA may process that Member's request for the full Membership Term using the credit card account or other authorized billing source number on file or a different credit card account or other authorized billing source number provided. Members may contact AHA at 1-800-470-2242 from 8:00am to 6:00pm EST Monday through Friday, or by email 24/7 to [email protected]
- Right to update Credit Card Account Information. If the credit card provided by Member to AHA has expired during an attempt to bill fees per section 4, AHA will revise the expiration date and proceed with billing using the same credit card account.
- Right to Cancel; Refund of AHA Service Fee.
- For Mortgage Service and Origination Members. Any Member who has subscribed for the AHA Service through a bank or mortgage lender in conjunction with such Member's mortgage application (a "Mortgage Member") shall have the right to cancel membership in the AHA Service and receive a full refund of the Service Fee at any time during the initial thirty (30) days of the initial Membership Term (the "Introductory Period") by calling 1-800-470-2242. Following expiration of the Introductory Period, the Service Fee becomes non-refundable.
- For all Members other than Mortgage Members. Members, other than Mortgage Members, have the right to terminate this Agreement and membership in the AHA Service at any time. A Member may cancel this Agreement and membership in the AHA Service by calling 1-800-470-2242, or by email to [email protected] If a Member cancels before the end of a Membership Term for which Member has paid the Service Fee, the Member can receive a refund of such Service Fee, prorated for the remaining unused portion of the Membership Term, upon request. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement or the AHA Service.
- Disclaimer of Liability. Vendors. AHA shall have no liability in regard to any services provided, or to be provided, by any non-affiliated third party vendor ("Vendor"). All Vendors are independent contractors and not employees, partners or joint venture partners with AHA. AHA shall have no liability in regard to any Benefits provided, or to be provided, by any Vendor. You agree that claims with regard to services shall be made against the Vendor providing or performing such services and not AHA. Although AHA upon request by the member, will endeavor to intervene in conjunction with a member experiencing a problem or discrepancy with a Vendor, in the event any product or service purchased by a Member is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim.
- AHA Member Representation and Obligations. In return for the discounts and benefits available under the AHA Service, each Member acknowledges such Member's obligations to AHA as follows: (a) you have read the "Terms of Membership and Membership Agreement" carefully, and understand the provisions of the AHA Service and the billing method for the payment of the annual Service Fee; (b) You may cancel your membership in the AHA Service at any time prior to the conclusion of the then current Membership Term and be entitled to the refund of the pro rata unused portion of the Service Fee subject to the terms of this Agreement, (c) the Membership Term will renew automatically effective the first day following the conclusion of the existing Membership Term unless you elect to cancel in accordance with this Agreement; (d) the benefits of membership in the AHA Service are not assignable without the express written consent of AHA and you will use your membership only for personal, non commercial use or for the benefit of your immediate family. For purposes of this Agreement, "Immediate Family" shall be limited to the Member, and his or her spouse and children residing in the same house. A violation of this provision will result in your forfeiture of membership in the AHA Service; and (e) AHA assumes no responsibility for the payment of or contribution to any use or sales tax on Benefits that may be imposed by any state or federal taxing authority and such taxes, to the extent imposed, shall remain the sole responsibility of the Member or the direct provider of the Benefits, as the case may be.
- Governing Law; Arbitration. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut. Any dispute arising between you and AHA will be submitted to arbitration in the State of Connecticut in accordance with the rules of the American Arbitration Association then in effect. Nothing herein stated shall deprive you of the benefits of your state's consumer protection laws.
- Disclaimer of Warranties. AHA is not a merchant, manufacturer, or direct provider for many of the Benefits made available to Members. ACCORDINGLY AND UNLESS A VENDOR HAS AGREED OTHERWISE, ALL PRODUCTS, SERVICES, ADVICE, MERCHANDISE AND INFORMATION AVAILABLE TO MEMBERS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE ABOVE, NO WARRANTY OR GUARANTY IS GIVEN REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, CONTENT, DATA, SERVICE, ADVICE, SERVICE, PRODUCT OR MERCHANDISE PROVIDED OR AVAILABLE TO, OR PURCHASED BY MEMBERS THROUGH THE BENEFITS WEBSITE OR OTHERWISE THROUGH HIS OR HER MEMBERSHIP IN THE AHA SERVICE. Although AHA upon request by the member, will endeavor to intervene in conjunction with a member experiencing a problem or discrepancy with a Vendor, in the event any product or service purchased by a Member is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim.
- General Release. Each Member, for himself/herself, and on behalf of any person who uses the Benefits available through the AHA Service ("Membership Beneficiary"), hereby forever releases, acquits and discharges AHA from any and all liabilities, claims, demands, actions and causes of action that such Member or such Member's legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all Benefits available through the AHA Service. The sole recourse available to a Member, Membership Beneficiary or their legal representatives shall be the cancellation of the Membership and the refund of the Membership Fee, if required, as provided in Paragraph 4.
- Entire Agreement. The foregoing Terms of Membership and Membership Agreement contain the entire terms and agreements in connection with Member's participation in the AHA Service and no representations, inducements, promises or agreement, or otherwise, between AHA and the Member not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby.
- Binding Effect. The foregoing Terms of Membership and Membership Agreement shall be binding upon and inure to the benefit of AHA and the Member as well as their respective successors and permitted assigns.