Lifetime Guarantee Membership
Terms and Conditions – Canada

Effective Date: Dec 17, 2020

1. Applicability. These Lifetime Guarantee Membership Terms and Conditions (“Terms”) apply to the LTG Membership provided by I.I. Gift Cards, LLC (“Administrator”, “us”, or “we”) and govern any Lifetime Guarantee Membership Agreement to which these Terms are attached or that otherwise reference these Terms (the “Membership Agreement”). These Terms along with the Membership Agreement (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. Capitalized terms not defined in these Terms have the meaning set forth in the Membership Agreement. To the extent of any conflict between these Terms and the Membership Agreement, the Membership Agreement will control. You acknowledge that you have not been induced to enter in the Agreement by any representations or statements, oral or written, not expressly contained herein.
2. DISCLAIMER: THIS DISCOUNT MEMBERSHIP PLAN IS NOT INSURANCE and is not intended to replace health insurance. The range of discounts will vary depending on the type service and provider. The plan does not pay providers directly. Plan members must pay for all services but will receive a discount from participating locations. The list of participating locations is available at idealimage.com. A written list of participating locations is available upon request. You may cancel within the first 30 days after effective date or receipt of membership materials (whichever is later) and receive a full refund, less a $20 CAD processing fee. This discount plan is administered by: I.I. Gift Cards, LLC, 1 N. Mabry Hwy, Tampa, FL 33609; phone 1-800-BE-IDEAL

3. LTG Membership Changes. Administrator may change the price for your membership and any discounts or other benefits for any renewal term and will communicate any such changes to you at least 30 days prior to the renewal of your LTG Membership. To the extent permitted by applicable law, (a) changes will take effect at the start of the next Membership Term following the date of such change, and (b) if you do not agree with a change in the price of your membership or any change to the discounts or other benefits under the LTG Membership, you have the right to reject the change by notifying Administrator in writing that you wish to cancel at the end of your Membership Term prior to the change taking effect. You may submit such cancellation request by calling Member Services at 1-800-Be-Ideal (1-800-234-3325) or sending written notice of cancellation to Lifetime Guarantee Membership, 1 North Dale Mabry Highway, Tampa, Florida 33609.
4. LTG Membership Suspension. If you have not provided us with a notice of non-renewal or cancellation in accordance with the Membership Agreement, if we are unable to process your payment upon the automatic renewal of your LTG Membership, we will suspend your LTG Membership and any benefits associated therewith until an updated payment card is placed on file and the annual membership fee is paid.
5. Disclaimer. THE LTG Membership IS PROVIDED “AS IS” AND “AS AVAILABLE.” ADMINISTRATOR DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, ADMINISTRATOR MAKES NO REPRESENTATION, WARRANTY, CONDITION, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE LTG Membership, ANY Clinic, OR ANY PROCEDURES, treatments, SERVICES OR GOODS REQUESTED THROUGH THE USE OF YOUR LTG MEMBERSHIP, OR THAT THE LTG Membership WILL BE UNINTERRUPTED OR ERROR-FREE. ADMINISTRATOR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY Clinic or PROVIDER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF YOUR LTG MEMBERSHIP, AND ANY PROCEDURE, treatment, SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.Through the use of your LTG Membership, you may have the opportunities to engage in commercial transactions with Clinics and providers of medical services and other vendors. You acknowledge that all transactions relating to any treatments, procedures, services, or goods offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, and maintenance relating to such transactions, are agreed to solely between the provider of such treatments, procedures, services, or goods and you. ADMINISTRATOR MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE LTG Membership, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK, to the maximum extent provided by law.

6. Limitation of Liability. READ THIS PROVISION CAREFULLY BECAUSE IT WILL SIGNIFICANTLY AFFECT ALL CLAIMS BETWEEN US. ADMINISTRATOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE LTG MEMBERSHIP, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF ADMINISTRATOR, EVEN IF ADMINISTRATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.To the fullest extent permitted by law, IN NO EVENT SHALL Administrator’s aggregate liability ARISING OUT OF OR RELATED TO THE ltg membership, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE MEMBERSHIP FEES PAID BY THE MEMBER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.THE LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, ADMINISTRATOR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH DISCLAIMERS, INDEMNIFICATIONS OR RELEASES.

7. Indemnity. To the fullest extent allowed by law, you agree to indemnify and hold Administrator and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of your LTG Membership or services, procedures, services or goods obtained through your use of such LTG Membership; or (ii) your breach or violation of any of the terms in this Agreement. Administrator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Administrator in asserting any available defenses.
8. Notice. Administrator may give notice by means of electronic mail to your email address associated with your account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Administrator, with such notice deemed given when received by Administrator, at any time by first class mail or pre-paid post to Lifetime Guarantee Membership 1 North Dale Mabry Highway, Tampa, Florida 33609 or, if the Agreement specifies you may notify us via telephone, by calling Member Services at 1-800-Be-Ideal (1-800-234-3325)
9. Survival. If your LTG Membership is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of your LTG Membership (and any unauthorized further use of such membership), including your indemnification obligations; and (b) any rights or licenses granted to us under this Agreement will survive such termination.
10. Complaint Procedure. Complaints regarding your LTG Membership must be submitted in writing to our Member Service department via mail to the address listed in the Notice section above. Administrator shall review your complaint and contact you regarding a resolution. If you are dissatisfied after completing the complaint procedure detailed above, you may contact your state insurance department. Our Member Service department will provide contact information for your state insurance department upon request.

11. MANDATORY DISPUTE RESOLUTION AND ARBITRATION. READ THIS PROVISION CAREFULLY BECAUSE IT WILL SIGNIFICANTLY AFFECT ALL CLAIMS BETWEEN US. [If there arises any dispute, controversy or claim arising out of, in connection with or relating to the Agreement, or the breach or alleged breach thereof, or any legal relationship associated therewith or derived therefrom, including the Services or the results thereof or any other products and services provided or performed by us, (each a “Claim”) the complaining party shall give written notice of the Claim to the other party and the parties shall first negotiate directly in order to attempt to settle such Claim within 60 days of delivering such notice. If the parties cannot settle the Claim within that 60 day period, only then may a party initiate the following procedures in respect of the Claim, and it may only be done in that party’s individual capacity.
    • You agree with us that, following direct negotiations, the parties will first attempt to resolve any Claim through mediation for a minimum of two hours before a mediator chosen from the roster of mediators of the International Centre for Dispute Resolution Canada (“ICDR”). We will agree together on the appointment of the mediator but if we are unable to do so within 30 days after the end of said 60 day period, then ICDR shall appoint a mediator in accordance with the Canadian Dispute Resolution Procedures (including mediation and arbitration rules) (the “Rules”) in force at the time of the Claim. If the Claim cannot be settled within 30 days after the date the mediator set for the mediation conference, or such other period agreed to in writing between the parties, the Claim shall be referred to and finally resolved by binding arbitration before a single arbitrator pursuant to the Rules, except to the extent that the Rules are inconsistent with any terms of this Agreement in which case the terms of the Agreement control. The place of arbitration shall be Vancouver, British Columbia and the language of the arbitration shall be English.  The arbitrator must have health or health care experience and must be chosen from the roster of arbitrators of the ICDR, provided that if no arbitrator with health or health care experience is on the roster of arbitrators then this requirement is hereby waived by the parties.
    • We will agree together on the appointment of the arbitrator but if we are unable to do so within 21 days, then ICDR shall appoint an arbitrator in accordance with its Rules and this Agreement. The award rendered by the arbitrator shall be final and binding upon the parties, and judgment may be entered upon it in any court having jurisdiction thereof.
    • If a Claim is within the jurisdiction of the small claims court or the British Columbia Civil Resolution Tribunal, either party may choose to take the Claim to that court or tribunal, as applicable, instead of arbitration.
    • Each party acknowledges and agrees that any controversy that may arise under this Agreement is likely to involve complicated and difficult issues and, therefore, each such party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the matters contemplated hereby.
    • The parties shall keep all matters relating to the mediation and arbitration confidential, including any mediation or settlement agreements, arbitration awards and procedural decisions, evidence, submissions and statements made in the mediation or arbitration, except as may be necessary to appeal, set aside, register or enforce an arbitration award.

12. Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the province of British Columbia and the laws of Canada applicable therein without regard to the conflict of law rules of such laws that would apply a different law. The parties hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of British Columbia.

13. General. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND UNLESS PROHIBITED BY APPLICABLE LAW, THE LTG Membership IS NON TRANSFERABLE AND NON-REFUNDABLE. The discounts and benefits provided by the LTG Membership have no retail value, are not redeemable for cash or any other form of credit, and have no value until presented to a participating Clinic during your Membership Term. You may not assign this Agreement or your LTG Membership without Administrator’s prior written approval, and any attempt to do so will be void. Administrator may assign this Agreement freely without your consent No joint venture, partnership, employment, or agency relationship exists between you, Administrator or any Clinic as a result of this Agreement or use of your LTG Membership. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Administrator’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Administrator in writing. Please contact us at 1-800-Be-Ideal (1-800-234-3325) with any questions regarding this Agreement or your LTG Membership.