Good Sam Membership
Terms and Conditions
Updated 11/6/23
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS IN CONNECTION WITH THE GOOD SAM MEMBERSHIP PROGRAM (“MEMBERSHIP”) WITH RESPECT TO MEMBERSHIP ENROLLMENTS BEGINNING NOVEMBER 6, 2023 OR LATER. PLEASE NOTE THAT YOUR MEMBERSHIP IS SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT ENROLL IN A MEMBERSHIP.
THIS ARBITRATION AGREEMENT IS NOT APPLICABLE FOR QUEBEC, CANADA CONSUMERS, TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THESE TERMS CONTAIN A BINDING MUTUAL ARBITRATION PROVISION. BY ACCEPTING THESE TERMS, YOU WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES WILL BE RESOLVED BY ARBITRATION, IN LAKE COUNTY, ILLINOIS. IN PARTICULAR, PLEASE READ THE SECTION OF THESE TERMS TITLED “GOVERNING LAW, VENUE AND DISPUTE RESOLUTION,” WHICH REQUIRES ALL DISPUTES TO BE SETTLED BY INDIVIDUAL BINDING ARBITRATION.
1. Introduction
1.1 The Membership is operated by CWI, LLC and its affiliates (hereafter referred to as “Company,” “we,” “us,” or “our”). In addition to providing the Membership, we may also provide, through ourself, our affiliates, or third parties, related products and services to you. By purchasing a Membership or otherwise participating in, enrolling in, and/or using the Membership, you agree to comply with and be legally bound by these Terms, and these Terms constitute a legal, binding agreement between you and us governing your Membership. Please read carefully these Terms, our general Terms of Use, which may be found at https://www.goodsam.com/terms.aspx and our Privacy Policy, which may be found at https://www.goodsam.com/privacy-policy In the event of any conflict among these Terms, our general Terms of Use, and our Privacy Policy, the order of precedence shall be these Terms, our Privacy Policy, and then the general Terms of Use. If you do not agree to these Terms, you have no right to enroll in a Membership. Failure to comply with these Terms may result in termination of your Membership, cancellation of any unredeemed Points, and/or civil and criminal penalties.
1.2 Updates to these Terms
These Terms apply to your Membership, and you will be asked to confirm your acceptance of the Terms when you enroll in a Membership. We may modify or replace these Terms from time to time by publishing a new version that you can access at https://www.goodsam.com/club/terms. Such changes may affect the value of rewards points (“Points”) already accumulated, the time for redemption of Points, modifying, adding, or deleting the earning of Points or other Membership benefits, and the conditions of Membership participation. You will be notified of material changes to the Terms, including any change in the Membership fee, electronically by email (to the email address provided at the time you enrolled in a Membership) or as otherwise permitted under applicable law. Your continued use of your Membership following any amendment to or replacement of the Terms constitutes your acceptance of the Terms, as amended or replaced. If the Terms are updated and you do not agree to such updated Terms, you may not continue your Membership and will not be entitled to a refund of fees paid.
2. Membership. Some benefits, products, and services offered by us may not be available to residents in certain states or outside of the U.S. Some restrictions apply to certain benefits. Membership accounts are limited to persons residing in the United States or Canada who are 18 years of age or older. Members who are 18 years of age or older but are under the age of majority in their jurisdiction must obtain permission from a parent or legal guardian to enroll. Membership accounts are limited to the account holder and one authorized user (designated by the Member) per account and are limited to one Membership account per household. For the avoidance of doubt, only natural persons transacting in their personal capacity and for their own account are eligible to participate. Participation in the Membership is personal and non-transferable. No business entities, third-party aggregators, organizations, or groups may register for the Membership or receive or redeem Points or other benefits. Participation in the Membership is void if prohibited by law in the jurisdiction in which the prospective participant resides.
3. Enrollment. To enroll in the Membership, you must provide (a) the requested information, including a valid email address, telephone number, and mailing address, to us by either enrolling online at https://goodsam.com/club, by telephone at 1-866-205-7451 or at a participating Company or partner location and (b) payment of the applicable Membership fee, if any. After your enrollment is completed, payment of the Membership fee is received, if applicable, and your eligibility is verified, you will become a member of the Membership (“Member”). We reserve the right to limit or modify enrollment at any time and to accept or refuse Membership at our discretion. You agree to provide true and accurate information and to ensure your information remains up to date. Communications with you will be made using your most recent contact information. We are not responsible for your inability to receive Points or redeem benefits or other losses due to your failure to provide and maintain accurate contact information.
4. Membership Fees and Renewals. Applicable Membership fees, if any, will be charged upon enrollment in the Membership. Fees exclude applicable taxes. We reserve the right to change the Membership fees at any time. Changes in Membership fees will apply to new Memberships and renewal of existing Memberships if you do not cancel. Membership fees are non-refundable unless prohibited by law. Your Membership is valid for the applicable Membership duration from the date of enrollment (“Membership Term”). A renewal or automatic renewal within a current Membership Term extends the existing expiration date of the Membership Term, with the renewal term beginning the day after your current Membership Term ends. For example, If you enroll in a paid, one-year Membership and authorize us to automatically renew your Membership, your Membership will automatically renew and your method of payment will be charged unless cancelled by you.
If the eligible payment method we have on file for you is declined for payment of Membership fees, you must provide a new eligible payment method promptly or your Membership will expire and all benefits may be suspended If you provide a new eligible payment method and are successfully charged, your Membership and benefits may be reactivated and your new Membership period will be based on the date of the successful charge. If we are unable to successfully charge your Membership fees to an eligible payment method, we reserve the right to terminate your benefits at the end of your Membership Term and/or enroll you in the Rewards Only membership tier. FOR ANY ACCOUNT ENROLLED FOR AUTO-RENEWAL, UNLESS YOU NOTIFY US BEFORE A RECURRING CHARGE THAT YOU WANT TO CANCEL, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US TO CHARGE THE PAYMENT METHOD WE HAVE ON FILE FOR YOU TO COLLECT THE THEN-APPLICABLE FEE AND TAXES.
If you choose not to renew a Paid Membership, your benefits will be suspended and all points accrued will be maintained in your account until they expire. If you choose to close your Rewards Only Membership all points accrued will immediately expire.
5. Refund Policy. Except as expressly stated in these Terms, NO REFUNDS are provided upon Membership cancellation. You may cancel your Membership (and authorization for recurring payments) at any time online or by calling 1-866-205-7451 (8:00 AM through 9:00 PM ET (except major holidays)). Cancellation of any Membership subject to auto-renewal must be made in advance of Membership renewal date to avoid recurring charges. The terms of Section 8 apply upon cancellation.
6. Membership Points
Welcome Points
We may provide you with Points to your Membership account upon Membership enrollment or renewal (“Welcome Points”). The Welcome Points may take from up to 48-72 hours to load to your Membership account after successful enrollment or renewal.
Rewards Points
You will earn Points when you, or an authorized user, make eligible retail or service purchases, less any coupons and discounts, and before taxes and/or shipping charges are applied. Points are rounded down to the next whole cent. Earning calculations that end of partial cents all round to the next lower whole value. For example, $2.02 rounds to $2.
- Paid Members in good standing will receive 5 Points per dollar spent on qualifying purchases.
- Basic Members in good standing will receive 1 Point per dollar spent on qualifying purchases.
- You will earn Points on the amount you spend on qualifying purchases when you use your Good Sam Rewards Credit Card, Good Sam Rewards Visa Credit Card, or Good Sam Rewards Visa Signature Credit Card. Please see the Good Sam Rewards Visa Rewards Program Terms available at https://d.comenity.net/ac/
goodsamrewardsvisa/public/home or the Good Sam Rewards Credit Card Rewards Program Terms https://d.comenity.net/ac/
goodsamrewardscreditcard/public/home as applicable, for more information on points accrual and redemption. - RV service work may earn points. RV service that is customer paid will earn 5% back in points. All RV service work that is covered by warranty or insurance will earn 3% back in points. Points accrual on RV service work have an annual cap of $2,500 in qualifying spend.
To earn Points, purchases must be made through a valid Membership account or a valid Membership account number must be presented at the time of purchase or order. To qualify for Points, purchases must be made directly at the Company or its affiliates' store locations or website. Any purchases made on any third-party reservation platform or via any third-party aggregator, reseller, or marketplace is not a qualifying purchase and will not count towards Points. Purchases placed by or on behalf of third-party aggregators, groups, organizations, and business entities will not generate qualifying purchases and will not count toward Points.
Members will not earn Points on certain purchases, including, without limitation: (a) dealership purchases, such as motorize recreational vehicles, travel trailers/towables/fifth wheels, power sport vehicles, and boats, and related finance and insurance products; (b) gift cards or gift certificates; (c) charitable contributions; (d) purchase of alcohol or tobacco; (e) resort fees, surcharges, sales, use, or other transactional taxes, gratuities, processing, shipping, handling, freight, delivery or other similar charges; (f) personal protective equipment (PPE); (g) wholesale purchases; (h) prior purchases (expect as provided in these Terms); or (i) Membership purchases or renewals, except as otherwise set forth herein. Points that you received from the purchase of a good or service that is returned, exchanged, or cancelled will be deducted from the applicable Membership account.
Points are automatically tracked at the time of the qualifying purchase or activity and may be credited only to a single Membership account. Points will be credited within 48-72 hours to the Membership account upon completion of the qualifying purchase. For mail order, special order, online, and other purchases, your qualifying purchase may not be complete until items have shipped. Points awarded for purchases that do not remain qualifying purchase will be deducted from your Points balance. Returned items may result in credits being applied to your Membership account, which will reduce or may eliminate accumulated Points and may result in a negative Points balance. If your Points balance becomes negative, you must first earn Points to bring your Points balance to zero before earning any Points eligible for redemption. Company reserves the right to verify and adjust Points, as applicable, at any time.
Company is not responsible for, or liable to, any Member, person or entity, in any way, for any losses, costs, or expenses incurred by a delay or error in crediting Points to a Member's account. Points may not be gifted, purchased sold, bartered, brokered, or otherwise transferred, except that Company may allow, in its sole and absolute discretion, a Member to donate or gift Points in certain limited instances. Points are promotional in nature, do not constitute property, have no cash value, are not redeemable for cash (except as otherwise required by law), and cannot be used toward the purchase or renewal of Membership. No portion of the Membership fee for the Membership constitutes consideration paid for Points or any other promotional rewards.
How to Use and Redeem Points
Subject to these Terms, Points may be redeemed at any time for a separate, future qualifying purchase. Points are applied before calculation of tax and shipping charges and after the application of promotional offers and discounts. Certain limitations and restrictions apply. Points cannot be redeemed for taxes, shipping, processing, freight, gift cards, personal protective equipment, Good Sam Membership renewals, or wholesale purchases. Members are responsible for any sales, use, or other transactional taxes, or similar charges applicable to the redemption of any Points.
Please see the Good Sam Rewards Visa Credit Card Rewards Program Terms https://d.comenity.net/ac/goodsamrewardsvisa/public/home and the Good Sam Rewards Credit Card Rewards Program Terms https://d.comenity.net/ac/goodsamrewardscreditcard/public/home, as applicable, for the details on points redemption on Points earned through credit cards.
The minimum threshold for Points redemption is 1,000 Points (i.e., $10 off), and subsequent Points redemptions must be redeemed in increments of 500 points (or $5). To redeem Points, Members must provide appropriate Membership identification associated with the account at the time of redemption. Only one Membership account may be used to redeem Points in a single transaction. Determinations regarding redemption of Points are subject to Company's discretion.
When you redeem your Points, Points will be redeemed on a “first in, first out” basis, such that your oldest available Points are redeemed first. Points will be subtracted from the Member's account immediately when redemption is requested based on the total Points redeemed. Points will be refunded to a Member's Membership account only in the event we determine, in our sole and absolute discretion, that the purchase requested by that Member is unavailable, cannot be delivered, or is defective.
Points may be subject to limitations on redemption, including, without limitation, availability and black-out dates, notwithstanding any errors in advertising to the contrary.
Limit of 50,000 Points/$500 in Points may be redeemed for any single transaction.
Expiration
For Members in the U.S.: Points will expire twelve (12) months after the date upon which the Points were credited to your Membership account. After Points expire, the Points will be removed from your Member account.
For Members in Canada: Points that have remained in your account for twelve (12) months after the date upon which the Points were credited to your Membership account will automatically convert to a gift certificate in the amount equally to the Points accrued in the twelve (12) months prior. These gift certificates shall have no expiration date.
Points Disputes
You may dispute your Points balance (“Points Dispute”) by calling Good Sam Rewards at 1-800-234-3450 or by writing Good Sam Rewards at CWI, LLC, Attn: Good Sam Rewards, PO Box 6888, Englewood, CO 80155-6888. We will use reasonable efforts to investigate your Points Dispute if you notify us within 90 days of the posting date. If you do not notify us within the specified period, you waive your right to make a Points Dispute with respect to that purchase. We may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, we will have no further responsibilities if you later reassert the same Points Dispute.
7. Additional Membership Benefits. Members are eligible to receive Member discounts, perks, and experiences made available to Members based on the selected Membership. For more information on Member benefits, available discounts, features, and experiences, please visit the Membership Program page at https://www.goodsam.com/club.
We, in our sole and absolute discretion, may periodically send offers to Members. These offers may be referred to as 'rewards' or 'benefits' but may appear with different descriptions from time to time (collectively, “Special Offers”). The number, type, and frequency of Special Offers are based on a number of factors, each of which is subject to change without notice. Special Offers are purely promotional offers, have no cash value, and do not constitute property of the recipient. To the extent permitted by applicable law, Special Offers may have certain restrictions including expiration dates and short, time-limited redemption periods. Restrictions apply and items are subject to availability at participating locations. All Special Offers must be redeemed prior to the stated expiration date to be valid. Determinations regarding redemption of Special Offers are subject to the discretion of the Company. You may be required to present your Membership account information in order to redeem the Special Offer. Read each offer carefully for specific details, limitations, and restrictions.
Offers and applicable discounts from Good Sam partners are subject to change without notice and may be subject to additional terms and conditions. Partners are independent entities and are not agents, employees, or subcontractors of Company, and Company is not responsible for their acts or omissions (including, without limitation, their solicitation efforts) or any products or services supplied by them (including, without limitation, the nature or quality of their products or services) or the marketing or application of discounts offered. We do not endorse the contents of any advertisements or offers of our partners providing offers or discounts to Members. We assume no liability, obligation, or responsibility for any offer or discount, including, without limitation, withdrawal or modification of any offer or discount. We are not liable or responsible for guarantees, warranties, and representations, if any, offered by advertisers, manufacturers of merchandise, or suppliers of services or for changes or discontinuance of services from providers which may affect offers or discounts.
8. Termination; Cancellation. We may suspend or terminate your account, at our sole and absolute discretion, if we are unable to successfully charge an eligible payment method or we believe that you have abused your privileges, acted inconsistently with these Terms or the law, or acted in a manner harmful to us. Termination by us of your account will result in cancellation and forfeiture of all Points and associated Member benefits, and we have no obligation to refund or credit you any amount following such termination by us. We shall be the sole arbiter in cases of suspected abuse, fraud, or violation of these Terms, and any decision we make relating to termination or disabling of a Membership account shall be final and binding.
You may cancel your Membership (and authorization for recurring payments, if applicable) at any time online or by calling 1-866-205-7451 (8:00 AM through 9:00 PM ET (except major holidays)). Cancellation of any Membership subject to auto-renewal must be made in advance of Membership renewal date to avoid recurring charges.
If you cancel your paid Membership, you will be converted to our Basic Membership , all Points earned up to the date of your cancellation of your paid Membership shall remain in your account, subject to these Terms, and you will begin earning Points at the Basic Member rate of 1% or 1 point per Dollar. As a Basic Member, your Member benefits will change. Cancellation is effective at the end of the then-current Membership Term, and you will continue to receive eligible Membership benefits until the effective date of cancellation (provided you are in compliance with these Terms).
If you cancel your Basic Membership or delete your member account, any unredeemed Points or Member benefits, and/or progress towards the foregoing will automatically be cancelled and forfeited and will no longer be available for redemption. Cancellation is effective when you either delete your account or opt out of your Basic Membership We have no obligation to refund you for any unredeemed Points or benefits following cancellation.
You may still receive messages from us after termination or cancellation of your Membership. For more information regarding your communication preferences, please see our Privacy Policy available at https://www.campingworld.com/helpcenter-ourpolicies/privacyPolicy.html.
9. Disclaimers. You agree that use of, and participation in, the Membership is at your sole risk. To the extent permitted by applicable law, the Membership and all services and benefits offered therein is provided on a strictly "as is" and "as available" basis. COMPANY MAKES NO WARRANTY WITH REGARD TO ANY OFFERS, PRODUCTS, SERVICES, OR REWARDS OBTAINED THROUGH THE MEMBERSHIP. COMPANY MAKES NO WARRANTY THAT THE MEMBERSHIP OR THE MEMBER BENEFITS WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MEMBERSHIP. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In the event of technical failures or difficulties or other reasons, Membership benefits may not be available. Members are not entitled to any compensation as a result of such technical failures or difficulties.
10. Privacy Policy and Confidentiality
10.1 Our privacy policy governs the collection, use, storage and disclosure of personal information by us. Our privacy policy is available at https://www.campingworld.com/helpcenter-ourpolicies/privacyPolicy.html.
10.2 Except as provided in our privacy policy, any communication or material transmitted to us in connection with your Membership (including by email) will be treated as non-confidential and non-proprietary. You grant to us a perpetual, royalty-free, irrevocable, transferrable license to view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, use, and otherwise exploit any information you transmit to us, including ideas, suggestions or other material, and we may use, reproduce, publish, modify, adapt and transmit such information without restriction.
11. LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.
11.1 Disputes. Subject to applicable law, you and Company agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Membership or any breach, enforcement, or termination of these Terms will be resolved in accordance with the provisions set forth in this Section 11. For the avoidance of doubt, Company disclaims any and all liabilities or claims not pertaining to the terms and conditions set forth in these Terms, or pertaining to an issue with the Membership that are outside the scope of these Terms.
11.2 Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Company, except as otherwise stated in these Terms. In the event that a dispute is brought in a court of law under this Section 11, you and we agree to submit to the exclusive personal jurisdiction of the state or federal courts located in Lake County, Illinois.
11.3 Agreement to Arbitrate. You and Company each agree that any and all disputes or claims that have arisen or may arise between you and Company (including its respective parent company, subsidiaries, employees, officers, directors, and agents) relating in any way to, arising out of or connected to this or previous versions of the Terms, your use of, or access to the Membership, or any services sold, offered, or purchased through the Membership or any breach, enforcement, or termination of these Terms shall be resolved exclusively through final and binding arbitration administered in Chicago, Illinois, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Alternatively, you may assert your claims in small claims court in Lake County, Illinois, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
11.4 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER MEMBERS.
11.5 Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, subject to and in accordance with these Terms and as limited in the section below entitled “Limitation of Liability and Indemnification.” All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of heading “Prohibition of Class and Representative Actions and Non-Individualized Relief,” shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send to the other, by email, a completed form Notice of Dispute (“Notice”). The Notice to Company should be sent via email to [email protected]. Please provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from Company.
If you and Company are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org (The AAA provides a Demand for Arbitration form and a separate form for California residents). In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. Any settlement offer made by you or Company shall not be disclosed to the arbitrator. The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is thirty five thousand dollars ($35,000) or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Company subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant.
For matters where the relief sought is over five thousand dollars ($5,000), the arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award of damages must be consistent with Section 12 as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different Members, but is bound by rulings in prior arbitrations involving the same Members to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
11.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is five thousand dollars ($5,000) or less, at your request, Company will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator's decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Company is relieved of its obligation to reimburse you for any fees associated with the arbitration.
11.7 Severability. With the exception of any of the provisions in Section 11.4, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 11.4 is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of Terms, and Section 11 will continue to apply.
11.8 Opt-Out Procedure. YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“Opt-Out”) BY EMAILING US AN OPT-OUT NOTICE TO [email protected] (“Opt-Out Notice”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU FIRST ENROLL IN A MEMBERSHIP.
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Company account(s) to which the opt-out applies and to [email protected] This procedure is the only way you can Opt-Out. If you Opt-Out, all other parts of these Terms and Section 11 will continue to apply to you. Opting-Out has no effect on any previous, other, or future arbitration agreements that you may have with us.
11.9 Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and Company agree that if we make any amendment to Section 11.3 in the future, that amendment shall not apply to any claim that was filed in a legal proceeding prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by Section 11.3 that have arisen or may arise between you and Company. If you do not agree to these amended terms, you may close your account within thirty (30) days of posting or notification of the amendments and you will not be bound by the amended terms but will arbitrate any dispute in accordance with the provisions of Section 11.3 as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Company, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid Opt-Out Notice as to future versions of these Terms.
11.10 Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that Section 11.3 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to Opt-Out, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between you and Company must be resolved exclusively by a state, federal, or small claims court located in Lake County, Illinois. You and Company agree to submit to the personal jurisdiction of the courts located within Lake County, Illinois, for the purpose of litigating all such claims or disputes.
12. Limitation of Liability and Indemnification
12.1 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR MEMBERSHIP REMAINS WITH YOU. NEITHER COMPANY, THEIR AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MEMBERSHIP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE PROVISION OR USE OF OR INABILITY TO USE THE MEMBERSHIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12.2 UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR MEMBERSHIP EXCEED THE AMOUNTS YOU HAVE PAID HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
12.3 You agree to release, defend, indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any allegations, penalties, claims, liabilities, damages, losses, fines and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your use of the Membership or violation of these Terms; (b) your breach of any obligation, duty, responsibility under these Terms; or (d) your breach of any applicable law.
12.4 In the event of any claim under Section 12.3, the indemnified party shall promptly notify the indemnifying party in writing thereof; provided, however, that the failure to give such prompt notification to the indemnifying party shall not relieve it of its indemnification obligations hereunder unless the indemnifying party can establish such delay materially prejudiced indemnifying party. The indemnifying party shall control and conduct the defense of such claim, including the settlement of the same provided that it may not settle any such claim without the indemnified party's prior written consent unless such settlement includes a full release of all claims against the indemnified party.
13. General
13.1 Contact Us. For questions or concerns regarding the Membership, please contact us online here, or contact us as follows:
CWGS Group, LLC
Attn: Good Sam Membership Program
PO Box 6888
Englewood, CO 80155-6888
Phone: 800-234-3450
[email protected]
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 1-916-445-1254 or 1-800-952-5210.
13.2 Entire Agreement. Except as otherwise set forth herein, these Terms supersede all previous agreements between the parties and contains the entire agreement the parties related to the subject matter of these Terms.
13.3 Assignability. You may not assign, transfer, or purport to assign or transfer any of your rights and obligations in connection with these Terms.
13.4 Waiver; Severability. If any one or more of the provisions contained in these Terms or any document executed in connection with these Terms will be invalid, illegal or unenforceable under any applicable law, (a) unless otherwise provided under applicable law, the validity, legality, and enforceability of the remaining provisions contained in these documents will not be affected or impaired and will remain in full force and effect; and (b) the invalid, illegal, or unenforceable provision will be replaced by us immediately with a term or provision that is valid, legal, and enforceable and that comes closest to expressing the intention of the invalid, illegal, or unenforceable term or provision. Failure or delay on our part to exercise any right or privilege under these Terms will not operate as a waiver nor will any partial exercise of any right or privilege preclude any further exercise of that right or privilege.
13.5 Interpretation. These Terms shall be interpreted neutrally between the parties without regard to which party drafted or caused to be drafted these Terms.
13.6 Survival. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms.
13.7 Electronic Document and Signature. For contractual purposes, you (a) consent to receive communications from Company in electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures and any other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a print-on-paper writing. By selecting the “Submit” button, you are signing these Terms electronically, and such selection (your “E-Signature”) constitutes your legal signature, acceptance and agreement, as if these Terms were actually signed by you in “print-on-paper” or “wet ink” writing. You also agree that no certification, authority, or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Company.