Additional Terms of Use
In addition to the Terms of Use available on this web site, please read these Additional Mutual Perks Terms of Use ("Mutual Perks Terms of Use") carefully before leaving this web site and visiting a third-party Mutual Perks Vendor web site (“Vendor Web Site”) described below. By accessing, viewing, or using the systems, services or materials on a Vendor Web Site, you indicate your understanding of the Vendor Web Site terms of use, and further agree to accept such Vendor’s terms of use and to be legally bound by them. If you do not wish to agree to any Vendor Web Site terms of use, you should not go to a Vendor Web Site or enroll as a Member in any of the Mutual Perks Program offerings.
1. Mutual Perks Program Offerings. Mutual of Omaha Insurance Company, its affiliates and subsidiaries (“Mutual”) and selected third party vendors (“Vendors”) have entered into an agreement under which Vendors provide enrollees (“Members”) access to a network of participating merchants (“Participating Merchants) who offer services and products at discounts or special pricing (“Services”), known as the Mutual Perks program (“Program”). The Program and access to the Vendors in the Program is provided by Mutual, at no cost, to its policyholders and others as determined by Mutual (Note: There may, however, be fees/costs associated with the Services offered or made available through the Vendors and Participating Merchants). The Program is not insurance and is provided and administered by Vendors, which, except as noted, are independent companies, unaffiliated with Mutual. The Program may not be available, either now or in the future, in all states and jurisdictions.
2. Program Enrollment. Members may initially access the Vendors in the Program and the Vendors’ Web Sites by clicking the links on www.mutualperks.com. The Vendor Web Sites are not operated by Mutual and Mutual does not manage the content on the Vendor Web Sites.
3. Collection of Your Personal Information. Mutual will not provide your personal information to any Vendors or Participating Merchants unless you request it to do so. All information collected on you should be limited to information you have either provided to a Vendor to enroll with the Vendor or information a Vendor or Participating Merchant has collected in accordance with the Vendor Web Site’s or other privacy policies, You should read the Vendor Web Sites’ privacy and security policies to understand how the Vendor may use information prior to enrolling with a Vendor participating in the Program as its privacy and security practices may differ from those applicable to Mutual’s web site.
4. Use of Program/Participating Merchants. The Mutual Perks Program Vendors contract directly with Participating Merchants to secure the promotions offered by the Vendors. Members may choose whether to use or sign up with the Program. If you choose to enroll, you are responsible for all payments to Participating Merchants for the associated Services. Mutual does not employ, own, or operate the Vendors, other than as indicated. The Services provided are subject to the terms and conditions of the Vendors’ Web Sites.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.USE OF THE VENDORS’ WEB SITES AND THE PARTICIPATING MERCHANTS IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL MUTUAL BE LIABLE TO YOU, OR TO ANY THIRD-PARTIES, FOR ANY DAMAGES YOU OR A THIRD-PARTY MAY SUSTAIN DUE TO YOUR USE OR INABILITY TO USE A VENDOR WEB SITE OR ANY OF THE SERVICES OF THE PARTICIPATING MERCHANTS, EVEN IF MUTUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MUTUAL SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE A VENDOR WEB SITE OR ANY OF THE SERVICES OFFERED BY PARTICIPATING MERCHANTS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MUTUAL TO YOU EXCEED THE PRICE PAID FOR USE OF THIS SITE. MUTUAL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE INFORMATION PRESENTED ON OR THROUGH THIS WEB SITE IS MADE AVAILABLE BY MUTUAL FOR GENERAL INFORMATIONAL PURPOSES ONLY AND MUTUAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. MUTUAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE, A VENDOR WEB SITE OR ANY SERVICES OFFERED BY PARTICIPATING MERCHANTS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THIS WEB SITE, A VENDOR WEB SITE OR ANY SERVICES YOU MAY USE OR PURCHASE WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THIS WEB SITE, A VENDOR WEB SITE OR THE SERVICES WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
6. Status of the Program. The Program, Vendors in the Program, Participating Merchants in the Program, eligibility of individuals for the Program, and availability of the Program is subject to the sole discretion of Mutual and is subject to change, at any time, for any reason, without prior notice, at the sole discretion of Mutual and the Vendors. Members may, at any time, terminate their use of the Mutual Perks’ Program or enrollment with the Vendors and request that they receive no contact from the Program or Vendors, by following the directions available on this web site or the Vendor Web Sites, as applicable.
7. ERISA Disclaimer. The Program described on this Mutual Perks Web Site is an ancillary program Mutual makes available to you as a policyholder or others as determined by Mutual through various independent and unrelated parties. The Program is not sponsored by your employer and is not subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). The Program is neither an “employee welfare benefit plan” nor an “employee pension benefit plan” for purposes of ERISA. Your employer was not involved with the selection or offering of the Program and does not contribute to any offer or Services under the Program. Neither Mutual nor your employer receives any remuneration, financial or otherwise, from any party for offering the Program on this web site or any Vendor Web Site. Members in the Mutual Perks Program should contact the Vendor for all questions pertaining to the Services offered by the Vendor. The Mutual Perks Program is offered as a courtesy to Mutual’s policyholders and others determined by Mutual and you are under no obligation to utilize the Program or Services offered through this web site or any Vendor Web Site. Mutual reserves the right to change, discontinue or terminate the Program at any time. Mutual makes no representation or warranties regarding the impact of the Program’s benefits on the gross income of Members receiving benefits under the Mutual Perks Program.
Last Updated: May 30, 2023