CLUBcentives.com Terms and Conditions of Use
TERMS OF USE
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND
USE CLUBcentives WEBSITES. BY ACCESSING ANY OF THE WEBSITES YOU ARE AGREEING TO
BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS SET
OUT IN THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITES.
AMENDMENTS
CLUBcentives, LLC may amend this Agreement at any time by
posting a new agreement in place of this one. CLUBcentives, LLC will post
notice that the Agreement has been amended on its main website located at www.CLUBcentives.com for a period of 30 days.
The amended agreement shall automatically be effective
when posted. Your continued use of CLUBcentives, LLC's (hereafter referred to
as "CLUB") websites following the posting of the amended agreement
and notice shall mean that you accept the terms of this Agreement as amended.
If you do not agree with any of the terms of the amended Agreement then you
must terminate all use of CLUB's websites. This Agreement may not otherwise be
amended.
LICENSE
You are granted a non-exclusive and non-transferable license to
use and access CLUB's websites. The websites shall include all associated
services.
ACCESS
In order to access and use any of CLUB's websites you agree to
abide by the terms and conditions of this Agreement. Any other access or use
shall constitute a trespass on CLUB's computer systems, shall constitute an
infringement of CLUB's intellectual property and an unlawful use of CLUB's
assets.
Certain portions of CLUB's websites require you to have an
account. This may require you to provide some personal information to CLUB. You
agree to (a) provide true, accurate, current and complete information about yourself as requested and (b) promptly update this
information as required to keep it true, accurate, current and complete.
CLUB has the right, in CLUB's sole discretion, to suspend or
terminate your current and future access and use of its websites in the event CLUB
reasonably believes that you are conducting yourself or providing information
in a manner which is in breach of this Agreement.
PROHIBITED USE
Any commercial or promotional distribution, publishing or
exploitation of the Web Site, or any content, code, data or materials on the
Web Site, is strictly prohibited. Other than as expressly allowed herein, you
may not download, post, display, publish, copy, reproduce, distribute,
transmit, modify, perform, broadcast, transfer, create derivative works from,
sell or otherwise exploit any content, code, data or materials on or available
through the Web Site. You further agree that you may not alter, edit, delete,
remove, otherwise change the meaning or appearance of, or repurpose, any of the
content, code, data, or other materials on or made available through the Web Site.
This includes, without limitation, the alteration or removal of any Trademarks
or any other proprietary content or proprietary rights notices. If you make
other use of the Web Site, or the content, code, data or materials thereon,
except as otherwise provided above, you may be subject to liability for such
unauthorized use (including, without limitation, for violations of copyright
and other applicable laws).
The Web Site is not intended for use by children, especially
those under age 13. No one under age 13 is allowed to provide any personal
information or use our public discussion areas, forums and chats. To subscribe
to newsletters and to participate in other activities where personal
information is divulged, you must be 13 or older and by your use thereof, you
represent and warrant that you are over the age of 13. Minors between the ages
of 13 and 17 should get the permission of their parent(s) or legal guardian(s)
before using the Web Site.
USER CONDUCT
CLUB is very concerned about the privacy and safety of all
users, especially children
You shall not:
a. submit any information or
link to any content, information, ware or service which is obscene or contains
pornography of any kind;
b. use CLUB's websites to
commit any dishonest act, act of fraud or any act which infringes any third
party rights;
c. submit any information or
link to any material which infringes or potentially infringes any third party
intellectual property or proprietary rights including without limitation,
copyright, patent, trademark, trade secret, right of publicity or privacy;
d. submit any information or
link to any material which is defamatory, libelous, harassing or threatening of
or to any person or organization;
e. submit any information or
link to any material which is harmful or potentially harmful including, without
limitation, that which places any person's health or safety at risk, places the
integrity or security of any computer system at risk or distribute any virus,
Trojan horse, worm, time bomb or other harmful or invasive computer program;
f. submit any information or
link to any material which in any way violates any federal, state or provincial
law, statute, ordinance or regulation in any jurisdiction including without
limitation those relating to export control, consumer protection, unfair
competition, discrimination, false advertising or copyright;
g. undertake any activity which
creates liability or damage or potentially creates liability or damage to CLUB
or its computer systems or its service providers;
h. send unsolicited e-mail to
other users excluding private messaging via the community site; or
i. harvest or collect information
about other users, including e-mail addresses.
You agree not to use any spider, robot or other automatic means
to search or monitor the content of CLUB's websites. You agree that you shall
not use any automatic means, including software, to interfere with or attempt
to interfere with CLUB's software or websites or their use by any other user.
You agree not to cause any unreasonable burden or load on CLUB's software or
its computer systems.
SERVICES
You agree that CLUB will not be liable for any delay,
interruption or unavailability of any of CLUB's websites or related services,
whether due to an act or omission of CLUB or an act or omission of any third
party.
CLUB does not guarantee the quality, accuracy, completeness or
timeliness of information posted on any of the websites and assumes no
obligation to update the information or advise on
further developments concerning topics mentioned.
Any information provided may be changed without notice.
USER SUBMISSIONS
CLUB may make available to you the ability to submit information
and links to the websites. You agree that all of your submissions will be in
compliance with this Agreement.
All submissions may be subject to review by CLUB prior to the
information or link being posted to the websites,
however CLUB is under no obligation to review any of the submissions. CLUB may
refuse to post any information or link and may remove the same for any reason,
in its sole discretion.
CLUB's posting of any information or link does not mean that CLUB
agrees that the information or link complies with this Agreement or that CLUB
agrees with the content of the information or link.
While CLUB may review each submission, it does not thoroughly
review the information or the third party website that a link may relate to.
Further, the information may become incorrect or the third party website may
change from time to time. Notwithstanding CLUB's review, you agree to indemnify
CLUB and other users for any loss or damage that CLUB or any user may suffer as
a result of the posting of any information or link that you submit.
CONTENT
Some information or links posted to CLUB's websites may be
offensive to you or incorrect or misleading.
Some portions of the Websites allow users to post information
including links to other resources on the Internet. Some of this information
may be reviewed by CLUB prior to its posting. However, even if CLUB reviews and
posts a submission to its website it does not mean CLUB endorses the same. All
such postings remain the sole responsibility of the person who submitted such
information or link. You agree to assume all risks in regards to the condition,
suitability, safety, accuracy, quality, integrity, and legality of any
information submitted and in respect any information, product or services
offered or made available through any link which has been submitted and posted.
Under no circumstances will CLUB be liable in any manner for the same, and you
hereby release CLUB from any and all liability or losses that you may incur as
a result thereof.
CLUB may change, add to or delete from its websites at any time
without notice. You agree to bear all risks, costs and damages that you may
incur as a result of those changes.
SOFTWARE AND INTELLECTUAL PROPERTY
CLUB has certain protectable proprietary rights in its software
and websites, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create
derivative works, display or in any way exploit any content contained on the CLUB
websites other than for personal use.
Software and/or any digital products that are made available for
download from any of the CLUB websites is the copyrighted work of CLUB and/or
its suppliers or partners. Use of any software downloaded will be governed by
the terms of an end user license agreement, if any, which accompanies or is
included with the downloaded software.
WARRANTY DISCLAIMER
THE CLUB WEBSITES ARE PROVIDED ÒAS IS" AND ÒAS
AVAILABLE" AND ARE USED BY YOU AT YOUR SOLE RISK. CLUB
MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS
WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION,
ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE CLUB
WEBSITES MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. CLUB
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR
VIRUSES OR OTHER LIMITATIONS. CLUB IS NOT RESPONSIBLE FOR ANY CONTENT OR
INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.
LIMITED LIABILITY
IN NO EVENT SHALL CLUB BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
USE OR INABILITY TO USE THE CLUB WEBSITES HOWEVER ARISING, INCLUDING THROUGH
NEGLIGENCE, EVEN IF CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL OTHER CIRCUMSTANCES CLUB'S TOTAL AGGREGATE LIABILITY TO
YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $10.00 (USD).
INDEMNITY
You agree at all times to indemnify and hold harmless CLUB, its
employees, officers, directors, agents, suppliers, affiliates and other
partners from any and all actions, proceedings, costs, claims, damages, demands,
liabilities and expenses whatsoever, including (legal and other fees and
disbursements) sustained, incurred or paid by CLUB due to or arising directly
or indirectly from any information submitted, posted, transmitted or otherwise
made available through our websites, your use of our websites, or your
violation of these terms of use.
NO AGENCY
The parties are independent entities and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is
intended nor created by this Agreement and neither party shall state or imply
anything to the contrary.
NO WAIVER
CLUB's failure to insist upon or enforce strict compliance with
any provision of this Agreement shall not be construed as a waiver of any
provision or right of the same or different type in the future.
ENTIRE AGREEMENT
The terms and conditions set out in this Agreement constitute
the entire terms and conditions with respect to the use of CLUB's software,
websites, services and the relationship between the parties. No representative
of CLUB is authorized to amend the terms of this Agreement. Amendments shall
only be effective as provided in this Agreement.
TERMINATION
Notwithstanding the termination of this Agreement for any
reason, the provisions of this Agreement relating to intellectual property,
warranty disclaimer, limited liability, indemnity and governing law shall
survive such termination.
GOVERNING LAW
This Agreement, the relationship between you and CLUB and your
use of CLUB's websites, services and the resolution of any dispute arising
between the parties shall be governed by the laws of the State of North
Carolina without regard to its conflict of law provisions. The exclusive
jurisdiction and venue of any action with respect to the subject matter of
these Terms of Service will be the state and federal courts located in
Charlotte, North Carolina, and each of the parties hereto waives any objection
to jurisdiction and venue in such courts.
SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be severed from this Agreement and the remaining
provisions shall remain in full force and effect.
HEADINGS
Headings are for reference purposes only and shall not be used
in the interpretation of this Agreement.
