The Sharelife Vacations Membership Program ("Program") is offered by The Fulfillment Center ("Club Manager"), with a place of business at 101 Convention Center Dr. Suite 200, Las Vegas, NV 89109, for your personal use and enjoyment. Program benefits ("Benefits") are described in these Club Rules, your Membership Enrollment Agreement (inclusive of any financing documentation), the Verification of Purchase, and the RCI Participation Agreement (collectively, the "Club Documents"). If you have any questions regarding the Program, please feel free to call 702-703-2511, between the hours of 9 a.m. and 5p.m. Pacific Time, Monday through Friday (legal holidays excepted).
Benefits are provided on the terms and conditions described in the Club Documents, as supplemented by those terms and conditions applicable to any travel services acquired through the Club, inclusive of website terms of use and privacy policy ("Terms"). Capitalized phrases and words not otherwise defined in these Club Rules shall have the meaning given to them in your Membership Enrollment Agreement.
Membership is available to all individuals 21 years of age or older who hold a credit card issued by a U.S. or Canadian bank. Entities and groups are ineligible for Membership, as are individuals 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. By enrolling in the Program, you certify that you meet the eligibility requirements set forth herein. Membership in the Program and use of its Benefits are not available in any jurisdiction where Membership is prohibited by law. Only those validly holding Memberships (collectively, the "Members") may access the Program, and you agree to notify the Club Manager if you become aware of any unauthorized use of a Membership.
You are considered a Member in good standing, and therefore eligible to purchase and enjoy Benefits, for so long as you are current in the payment of all Base Dues and other fees (as may be applicable) and in compliance with the Terms. Any failure to comply with the Terms, any abuse of the Program, any conduct detrimental to the interest of the Club Manager, or any misrepresentation of any information furnished through the Program may result in the termination or suspension of your Membership and/or the cancellation of any purchased Benefit, without refund. Any value assignable to such forfeited rights and Benefits shall be retained by the Club Manager or the applicable Provider as liquidated damages, and not as a penalty. Termination of your Membership shall not affect any right to relief to which the Club Manager may be entitled, at law or in equity.
You agree to provide true, accurate, and complete information to the Club Manager when updating your Membership data or purchasing any Benefit. The Club Manager does not allow you to change your name once a Membership Enrollment Agreement is executed to ensure the accuracy and integrity of its Member database. The Club Manager does encourage you to change other Membership data, including changes in physical address, telephone numbers and email addresses, when appropriate.
Your Membership will begin upon 1st paid installment of your Member Dues ("Membership Start Date"). The term of the Membership shall be twelve (12) months from the Membership Start Date ("Membership Term"). The Membership Term will automatically renew for an additional 12 months each time member due payment is made in subsequent years. While the Club Manager reserves the right to shorten the Membership Term limit the issuance of successive Memberships to comply with applicable law, there is no limit on the number of Memberships available to each Member.
Your execution of the Membership Enrollment Agreement represents your commitment to timely pay Base Dues for the Membership Term. Late payments of any amounts owed by a Member, including Base Dues, will accrue interest at a rate equal to 1.5% per month from the date of delinquency until paid in full, as well as any administrative fees charged by Club Manager, and the Club Manager may undertake collection as to the entire unpaid balance. Except as otherwise provided in your Membership Enrollment Agreement, the Base Dues amount will be determined by the Club Manager from time to time based upon its experience in operating the Program and the expenses incurred in making Benefits available to the Members. Please note that your ability to reserve Benefits for use in any future Membership Year may be made contingent upon your payment of estimated Base Dues for that future Membership Year.
The Club Manager reserves the right to include enhancements to the Program and/or your Membership. In some cases, such enhancements may be generally available to all Members in good standing; in other cases, access to such enhancements will be contingent upon payment of additional amounts, as determined by the Club Manager.
The Club Manager reserves the right to offer one or more automatic payment programs (each an "APP") to ensure your timely payment of Base Dues and other charges so that inadvertent suspension or cancellation of your Membership is avoided. If you elect to participate in any APP, you will pre- authorize the Club Manager or its APP representative ("Payment Representative") to initiate charges in the applicable amount to a credit or debit card or other payment system, subject to the terms applicable to that APP. You will receive notice prior to any payment through the APP as required by applicable law. Your participation in the APP will continue until you notify the Payment Representative that you no longer wish to participate, according to the terms of the APP (including any required advance notice of withdrawal), or until the payment card used in connection with the APP is no longer valid. In the event of any rejection of a payment by your payment system provider, you will have ten (10) days to resolve the same prior to the termination of your Membership, during which time your Membership will be suspended.
The Club Manager and others affiliated with the Program will contact Members primarily, if not exclusively, through email communication. If the Club Manager has an incorrect or otherwise non- functioning email address for you, or you fail to exercise adequate management of your email, 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 may not receive communications intended to notify you of changes in your itineraries or limited time discounts available through the Program.
Benefits may generally be divided into three categories:
POINTS — Points allow you to secure reservations and occupy accommodations made available through Providers on an "as available" basis. The number of Points initially associated with your Membership are specified in your Membership Enrollment Agreement. You may increase the number of Points associated with your Membership from time to time by contacting the Club Manager. Upon issuance, Points are available for immediate use and expire at the end of the annual 12-month period for which they were issued. A Provider may permit Members to bank or borrow Points according to internal programs established and operated by that Provider.
BASELINE— Irrespective of the number of Points associated with your Membership, you will receive the following Benefits: membership in RCI; access to the RCI website; travel and leisure benefits offered through RCI; and RCI’s Endless Vacation magazine.
ADD-ON ACCESS — Members may have the opportunity from time to time to purchase travel services at a discount through Providers. These services may include accommodation upgrades, reservation extensions, excursions, and food and beverage discounts. The terms and conditions of any such Benefit will be established by the applicable Provider.
The quantity, character and nature of the Benefits offered through merchants, manufacturers, vendors, or suppliers ("Providers") may vary from time to time, and the Club Manager reserves the right to change, modify, substitute or eliminate certain Benefits and/or Providers from time to time. The Club Manager makes no guarantees that any particular Benefit from any particular Provider will be available from time to time or at any particular time.
Benefits offered through Providers are available on a first come-first served basis, and are subject to availability. There is no guarantee that you will be able to obtain specific accommodations during a specific time period. Generally, the availability of Benefits during holidays and other periods of high use demand will be limited, and you are advised to reserve preferred Benefits as far in advance as possible. Each Provider is responsible for pricing all Benefits offered through it, and, as a consequence, whether these costs reflect discounts or prices not otherwise available to the general public depends entirely on the pricing policies of the respective Provider.
You should locate, carefully review, and understand the Terms applicable to the purchase of any Benefit. The Club Rules apply only in the event they do not contradict the Terms you agree to in purchasing a Benefit. In particular, it is important to understand your rights with regard to cancellation; upgrades and extension of reserved periods; taxes, surcharges and other fees; gratuities; and amenities and incidental benefits.
Your use of certain Benefits may be conditioned upon your compliance with generally applicable rules implemented and enforced by Providers, including, but not limited to, smoking and pet policies and an obligation to establish credit at check-in. In addition to and in furtherance of the foregoing, notwithstanding the absence of any Provider rules with respect to the following, you are fully responsible for your actions and the actions of your family members, invitees, licensees and other guests during the use of any Benefit that may result in loss and damages sustained to any of Provider’s or a third party’s property. Failure to promptly and timely pay Provider any costs and expenses incurred as a result of such damage shall be deemed a violation of these Terms, and the applicable Membership may be immediately terminated or suspended as a consequence.
The Club Manager is not responsible for the statements of any particular Provider, or the obligations assumed by any particular Provider in the sale or offering of any particular Benefit through the Program, including, but not limited to, any errors, omissions, or misrepresentations regarding the information, rates or itineraries related to any particular Benefit, or any loss, damage or expense of any kind whatsoever arising therefrom (for example, the costs of procuring alternative accommodations or transportation and delays in travel). Further, you accept and assume any and all risk of injury or death sustained by you or any of your family members, invitees, licensees and other guests while in occupancy of or using any Benefit or otherwise directly or indirectly related to your Membership (for example, injury or death caused by any high-risk activities you engage in or hazardous conditions existing on a Provider’s property). As a condition to your acquisition and, as applicable, renewal of your Membership, you waive all claims whatsoever for any losses, costs, claims, injuries, damages and liabilities, including consequential, indirect, incidental, special, or punitive damages (collectively, "Damages"), arising under any legal theory including, but not limited to, breach of contract or negligence.
The Club Manager makes no warranties, expressed, implied or statutory, including any warranty of merchantability, quiet enjoyment, performance or fitness for a particular purpose, with respect to any Benefit purchased through the Program, inclusive of any information regarding that Benefit provided by the Provider.
You agree to indemnify, defend and hold Club Manager, its parent, subsidiary and affiliated entities, and each of their directors, officers, partners, members, employees, advisors, consultants, agents and representatives (each an "Indemnitee") harmless from any and all Damages sustained or incurred in connection with the use of the Program or a Benefit, including any breach by you of the Terms, except when Damages have resulted from the Indemnitee’s willful misconduct or gross negligence as determined by a court of competent jurisdiction.
Acquiring a Membership does not involve the sale of or investment in real estate, and nothing stated in connection with the Program should be construed as a solicitation or an offer to purchase real estate or a timeshare interest. While the Benefits include the opportunity to reserve accommodations at hotels and resorts with ongoing sales of full or partial ownership of real estate or other vacation ownership, neither you nor your guests are required to participate in any related sales presentations.
Membership is subject to the laws of the state of Nevada, and the state and federal courts of Clark County, Nevada, shall have exclusive subject matter and personal jurisdiction of all disputes arising in connection with your Membership. In acquiring a Membership, you hereby waive any jurisdictional venue or inconvenient forum objections to those courts.
Most concerns can be resolved quickly and effectively by calling the Club Manager’s customer service department at 702-703-2511. In the unlikely event that customer service is unable to resolve your concern, we each agree to resolve any disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. You agree that, by entering into this Agreement, you and the Club Manager are each waiving the right to a trial by jury or to participate in a class action. For any non-frivolous claims that do not exceed $15,000 in the aggregate, Club Manager will pay all costs of the arbitration. However, you will remain responsible for your own attorneys’ fees and costs.
Club Manager and you agree to arbitrate all disputes and claims between us that can’t otherwise be resolved through customer service("Dispute"). This agreement to arbitrate is intended to be broadly interpreted, and Disputes include, but are not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of this Agreement.
The arbitration shall be held in Clark County, Nevada before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected by you from a panel of arbitrators acceptable to and chosen by the Club Manager from AAA’s pool of arbitrators. Except as otherwise provided above, the costs of arbitration shall be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. Any judgment upon the award rendered by the arbitrator may be entered in the Nevada courts. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under the Club Documents with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THE TERMS AND THIS AGREEMENT PROVIDE THAT ALL DISPUTES BETWEEN YOU AND THE CLUB MANAGER WILL BE RESOLVED BY BINDING ARBITRATION. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. ACCORDINGLY, YOU GIVE UP AND WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS OR HAVE YOUR DISPUTE HEARD BY A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR AND NOT A JUDGE OR JURY.FURTHER, UNLESS BOTH YOU AND THE CLUB MANAGER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.
Please be advised that any communications between you and the representatives of the Club Manager, including any online chat sessions or telephone conversations, may be recorded or monitored for training or quality-assurance purposes.
You acknowledge and agree that we may send you certain information regarding the Program and Providers that may include printed and/or electronic periodic statements of your account and other information necessary for Membership administration, printed or email marketing materials informing 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 us. You consent to receive these types of information, provided, in each instance, you are given the opportunity to opt-out of similar future mailings.
You further acknowledge and agree that third parties with whom we have strategic marketing relationships may, upon occasion, offer various products and services through telemarketing programs.
You consent to such solicitation including, but not limited to, solicitations through automatic dialing equipment, predictive dialing equipment, and/or prerecorded messages, provided, in each instance, you are given the opportunity to opt-out of similar future solicitations. These solicitations may be directed toward each of the phone numbers provided in your Membership Enrollment Agreement.
The Terms in the Club Documents are binding upon and inure to the benefit of the parties to this agreement, constitute our entire agreement, shall survive termination of your Membership, and are not intended to create any rights in third parties. In the event that any Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall otherwise remain in full force and effect. Any written or oral representation or statement not contained in the Terms should not be relied upon as affecting your rights pursuant to the Membership or having been authorized by the Club Manager. Waiver of any Term shall not affect any other Term or subsequent performance of the Term waived. Memberships are not assignable or transferable in whole or in part without the Club Manager’s prior written consent.
The Club Rules may be amended by Club Manager from time to time, and any such amendment shall be effective upon written notice from Club Manager. Notwithstanding the forgoing, any such amendment will not apply to a Dispute caused by or resulting from circumstances occurring before the effective date of the amendment, so long as the original terms or revised terms are material to that Dispute. Further, with respect to any conflict between an amendment to these Club Rules and your Membership Enrollment Agreement, the provisions of that Membership Enrollment Agreement will prevail.