TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER/MEMBER, OR PROSPECTIVE CUSTOMER/MEMBER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF
January 1st, 2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users/members and others which may interact or interface with LeisureCard LLC. (“LeisureCard” “we” or “us” or “our”), and our subsidiaries and affiliates, in association with the use of the LeisureCard website, which includes www.LeisureCard.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
LeisureCard is a discount card membership program that partners with local businesses in the restaurant, bar, sports, recreation, entertainment, and wellness industries to offer its members 50 percent off and 2-for-1 discounts on select products and services for a membership fee.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of LeisureCard. At its discretion, LeisureCard may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. LeisureCard does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that LeisureCard shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such, LeisureCard shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings. LeisureCard PROVIDES ALL SERVICES AND ALL RELATED SOFTWARE AND CONTENT TO YOU “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT; ANY WARRANTY THAT THE SERVICE OPERATES ERROR FREE OR WITHOUT INTERRUPTION; AND ANY WARRANTY THAT INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE OR RELIABLE. LeisureCard SHALL NOT ASSUME ANY RESPONSIBILITY OR OBLIGATION FOR THE TIMELINESS, MISSED DELIVERY, DELETION AND/OR ANY FAILURE TO STORE USER CONTENT, COMMUNICATION OR PERSONALIZATION SETTINGS. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICE REMAINS WITH YOU.
LeisureCard, at its own discretion, has the right to deny the use of its website or membership services to anyone at any time and for any reason. You understand and agree that LeisureCard does not guarantee uninterrupted services of its website, its partner listings, or access to your LeisureCard account due to circumstances both within our control (i.e. maintenance) and outside of our control. LeisureCard will make a reasonable effort to keep its website and its functionality, as well as member accounts accessible. However, the website and member accounts may be unavailable at times.
To register and become a “member” of the Site and the LeisureCard program, you must be at least 18 years of age and able to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving LeisureCard’s Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, LeisureCard may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with LeisureCard and sign in to our Services, you are no longer anonymous to us.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You may only create and hold one account on our website for your personal use and must provide a valid credit card for recurring, annual membership dues, or for short term membership dues when you register for your membership. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify LeisureCard immediately if you notice any unauthorized access or use of your account or password or any other breach of security. LeisureCard shall NOT be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS. You also understand and agree that LeisureCard has no responsibility and is not liable for any incident arising out of, or related to, your account settings.
MEMBERSHIP AGREEMENT – TERMS OF SALE
By paying the membership dues to LeisureCard LLC. a Florida Limited Liability Company (“LeisureCard”), you (the “Member”) agree to be bound by the terms and conditions of membership as set forth in this Membership Agreement, as well as LeisureCard’s Terms of Service. You also become eligible to receive the benefits of being a Member. PLEASE READ THIS AGREEMENT CAREFULLY.
In order to become a Member, you must first become a User and agree to abide by our Terms of Service.
As described above, LeisureCard is a discount card membership program. We partner with local businesses in the restaurant, bar, sports, recreation, entertainment, and wellness industries to offer you, for a membership fee, 50 percent off and 2-for-1 discounts on select products and services (Partner Offerings) at participating Partners listed on LeisureCard.com. Your membership enables you to take advantage of the Partner Offerings listed on LeisureCard.com. Please visit our “Search Partners” page on LeisureCard.com for more detail on the Partner Offerings.
Descriptions of LeisureCard Partners’ Offerings on our website are provided by the Partners.
LeisureCard is not responsible for any claims associated with the description of the Partner Offerings, Services offered, or Products sold by Partners. Any correspondence or business dealings with, or the participation in any promotions of, LeisureCard Partners located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such Partners. Moreover, you herein agree that LeisureCard shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of our Partners on our website.
Our Partners may offer goods, services or experiences to LeisureCard members that require the Partners to have an up-to-date regulatory authorization, license, or certification. We do not verify, validate, or collect evidence of any regulatory authorization, license or certification from our Partners (including, without limitation, Health & Fitness and Beauty & Spa Partners). You are responsible to investigate our Partners, as you deem necessary before purchasing our Partners’ Offerings or Products. LeisureCard is in no way a health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that our Partners offer on our website. Our website does not in any way provide professional advice, including, without limitation, medical advice, or financial advice. Always seek the advice of a qualified health provider, or financial advisor. Never neglect to seek out, or delay, or disregard professional advice relating to your health because of anything you have read on our website.
MEMBERSHIP DUES, PRICING, AND RENEWAL
Service begins as soon as your payment is processed. You’ll be charged the rate stated on www.LeisureCard .com for the membership you selected at the time of purchase as one lump sum, plus applicable taxes.
THE ANNUAL MEMBERSHIP CONTRACT WILL RENEW AUTOMATICALLY, ON YOUR ANNUAL RENEWAL DATE, BY CHARGING THE ANNUAL MEMBERSHIP DUES TO THE CREDIT CARD ACCOUNT AS PROVIDED BY YOU, UNTIL YOU CANCEL YOUR MEMBERSHIP.
The annual renewal date for your membership will be seven (7) days before the expiration date of your membership, which is 365 days from the day of purchase. You will be billed at the time of purchase, and each following year in 1-year intervals seven (7 days) before your annual expiration date. For example: if you signed up for your membership on February 25th of the current year, the expiration date of your membership will be February 25th of the subsequent year and every year forthgoing until you cancel your membership. In this case, you would be billed your annual membership fee on February 18 of the subsequent year and every year forthgoing until you cancel your membership. We bill you prior to the expiration date of your membership to ensure uninterrupted service and make sure that you receive your new physical membership card for the next year via mail before the expiration of the current one.
Renewal rates are subject to change, but we will always notify you at least 30 days before your membership renewal date to remind you of your membership renewal and inform you of any rate changes
As a member of www.LeisureCard.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request on www.LeisureCard.com, by sending your request to info@LeisureCard.com, via facsimile (fax) at 1-855-4055, or by phone at 1-833-MY-LEISURE (9am-6pm, Mon-Fri) at any point in time within your 12 month membership period, but no later than 6pm on the working day preceding your renewal date. Should you cancel your membership, your service will continue until the end of your contracted term. Cancellations can be made any time by visiting your “My Account” page or by contacting Customer Support. Contact information can be found on the bottom of these TOS.
PAID MEMBERSHIP FEES ARE STRICTLY NON-REFUNDABLE.
As a member, you agree that LeisureCard may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our Terms of Service or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees/ membership dues that may be owed by you in connection with your LeisureCard membership and www.LeisureCard.com account Services.
- inappropriate behavior or language used by a Member or a Member’s guest during a visit at one of our participating Partners’ businesses, obscene gestures or language used by a Member or one of Member’s guests traveling with Member, or anything that would cause a reasonable, sober individual to have concerns for their safety.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email addresses and/or access to any of our Services.
The termination of your account with www.LeisureCard.com shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within www.LeisureCard.com;
- the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
PAID MEMBERSHIP FEES ARE STRICTLY NON-REFUNDABLE AND THERE IS NO PRORATION OF DUES EVEN IF A MEMBER HAS NOT USED LeisureCard SERVICES. Should you cancel your membership, your service will continue until the end of your contracted term.
LOSS OF MEMBERSHIP CARD
If you lose your LeisureCard, we will provide you with a replacement card for a $15 administrative fee. Just visit LeisureCard.com and apply for a replacement card, email our customer service at info@LeisureCard.com.com, via facsimile at 1-855-404-4055, or call us at 1-833-MY-LEISURE (9am-6pm, Mon-Fri). Payment can be taken over the phone using credit/debit card. Note that replacement cards are issued with the original expiration date of the lost membership card. Alternatively, you can use the digital LeisureCard by using our mobile website on your mobile device, which can be presented in place of the physical card.
- The relationship between LeisureCard and its partners is that of independent contractors (not legal partners) and no party has the authority to bind the other party in contract or to incur any debts or obligations on behalf of the other party.
- LeisureCard membership discount are not valid with any other offers, including (but not limited to) other coupons, promotions, discounts, or specials unless explicitly stated otherwise by the partners.
- Terms and conditions of the partner offerings vary by partner. Please consult www.LeisureCard.com and/or contact participating partners for details specific to any offer in question. Additionally, please note that LeisureCard discounts only apply to the LeisureCard member and one additional guest. When goods and services like dishes at restaurants (i.e. appetizers) are shared with larger groups than two, the LeisureCard discount does not apply unless specifically stated on our partners’ pages on LeisureCard.com.
- LeisureCard membership discounts only apply to the goods and services offered by our partners on the LeisureCard website. Please note that the membership discounts do NOT apply to service charges and tips, as the services you receive are the same as for full paying customers. Therefore, any service charges apply to the total bill prior to any discounts being deducted. This also applies in cases where service charges are automatically added to the final bill. We encourage you to tip service personnel based on your experience and the quality of service you receive and calculate the tip/service charge using the undiscounted prices of goods and services you have received.
- If indicated on our partners’ pages on LeisureCard.com, a reservation must be made in advance, and LeisureCard membership must be mentioned when making the reservation in order to take advantage of the program. Participating partners do require members to make an advanced booking at least 2 hours prior to arrival where indicated on their individual pages. You acknowledge that our partners are under no obligation to offer the membership discounts to members who did not make reservations where the requirement is stated on our partners’ pages on LeisureCard.com.
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the LeisureCard Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by LeisureCard.
Furthermore, you hereby acknowledge, understand and agree to the following:
CONDITIONS TO USE OUR SITE
As a condition to use our website, you agree to the following:
- You are at the age of majority in the state/province you reside in and able to enter into a binding legal obligation/contract
- Our website including the membership area should not be accessed by children under the age of 13 years, as LeisureCard does not intend to collect information from children.
- You will accurately represent only yourself, and no other persons, living, dead, or imagined. LeisureCard membership services may only be used by natural persons/ individual for their own personal use and not by or on behalf of any commercial entity unless explicitly permitted by us in writing
- You will not attempt to use our website with crawlers, robots, data mining or extraction tools
- When you use our website, you comply with the Terms of Service at all times
- All the information you submit on our website is complete, accurate, and current at all times and you have the right to submit such information including, but not limited to, information required to register for your membership and information posted in public areas of the website. You will update and correct submitted information and insure that it is accurate at all times. Out of date or, invalid, or false information will invalidate your account.
- You acknowledge, understand and agree that it your responsibility to regularly visit LeisureCard.com to review the Terms of Service and this Membership Agreement to familiarize yourself with any updates.
- You agree to keep LeisureCard informed of any changes in their membership information.
- You agree that we can at our sole discretion, verify your identity prior to processing the purchase of your membership. We may also refuse to process your purchase, may cancel your purchase, or refuse to ship to particular addresses, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or our Terms of Service. Refunds for cancelled orders may be issued where appropriate.
- You acknowledge that we do not endorse or warrant our Partners, which are accessible through our Site and our Services, nor the goods and services that they provide, nor for the security of your transactions with such Partners, nor for the practices employed by them.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, LeisureCard will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of LeisureCard Services, or any portion thereof. YOU ACKNOWLEDGE AND AGREE THAT PAID MEMBERSHIP DUES ARE STRICTLY NON-REFUNDABLE, WHETHER YOU CANCEL YOUR MEMBERSHIP, OR LeisureCard TERMINATES YOUR MEMBERSHIP FOR ANY REASON.
Furthermore, you herein agree NOT to make use of LeisureCard Services for the purpose of:
- uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- causing harm to minors in any manner whatsoever;
- impersonating any individual or entity, including, but not limited to, any LeisureCard officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
- uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
- interfering with or disrupting any LeisureCard Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
- uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
- intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
- “stalking” or with the intent to otherwise harass another individual; and/or
- collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
CONTENT PLACED ON TO LeisureCard WEBSITE & CONTRIBUTIONS
LeisureCard shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available fo r inclusion on our website Services. Therefore, you hereby grant and allow for LeisureCard the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
- The content submitted or made available for inclusion on the publicly accessible areas of LeisureCard’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of LeisureCard’s sites, and shall terminate at such time when you elect to discontinue your membership.
- Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of LeisureCard’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of LeisureCard’s sites and shall terminate at such time when you elect to discontinue your membership.
- For any other content submitted or made available for inclusion on the publicly accessible areas of LeisureCard’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
LeisureCard provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
- your contributions do not contain any type of confidential or proprietary information;
- LeisureCard shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- LeisureCard shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- the contributor’s Contributions shall automatically become the sole property of LeisureCard; and
- LeisureCard is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
Those areas which may be deemed “publicly accessible” areas of LeisureCard’s sites are those such areas of our network properties which are meant to be available to the general public and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system.
MODIFICATIONS OF SERVICES
LeisureCard shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
MODIFICATIONS TO THE TERMS OF SERVICE
LeisureCard reserves the right to discontinue or modify any part of the Terms of Service in its sole discretion at any time. We will post notice of any changes here on the Legal page. Any change to the Terms of Service will be effective when the change is posted here on the Legal page. If you do not agree with changes, you have the right to close your account at any time.
PLEASE NOTE THAT YOU WILL NOT RECEIVE A REFUND OF PAID MEMBERSHIP DUES.
After you have closed your account, you should not use the website or any services offered through the website and either destroy your membership card or mail it back to the address listed on the bottom of the Legal page. You agree that our posting notice of any changes to the Terms of Service on the Legal page is adequate to make you aware of any changes and acknowledge that you are responsible for revisiting the Terms of Service regularly to ensure that you stay informed of any changes. Your continued use of the website, or our services and your membership card will constitute acceptance of changes and the updated Terms of Service.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that LeisureCard may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by LeisureCard, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on LeisureCard’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that LeisureCard has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, LeisureCard shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Upon registration, you hereby acknowledge that by using www.LeisureCard.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States
Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
- agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
- agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
All users and/or members herein agree to insure and hold LeisureCard, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of LeisureCard Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to LeisureCard’s sites.
Either LeisureCard or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that LeisureCard shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that LeisureCard’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by LeisureCard Partners/ advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by LeisureCard or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on LeisureCard Services (e.g. Content or Software), in whole or part.
LeisureCard herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by LeisureCard for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF LeisureCard SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. LeisureCard AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LeisureCard LLC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) LeisureCard SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) LeisureCard SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE LeisureCard SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF LeisureCard SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM LeisureCard OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT LeisureCard LLC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES RELATED TO OR RESULTING FROM ANY OF THE FOLLOWING: (A) THE USE OR INABILITY TO USE OUR SERVICE; YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY TO YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE PARTNER OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES OTHER THAN PARTNER OFFERINGS PURCHASED OR OBTAINED FROM A PARTNER; (F) THESE TERMS OF SERVICE; (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION; OR (H) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL LeisureCard’S LIABILITY UNDER THIS AGREEMENT, WHETHER ARISING FROM CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHERWISE, EXCEED, IN THE AGGREGATE, THE AMOUNT OF THE MOST RECENT ONE YEAR’S FEES PAID BY MEMBER TO LeisureCard FOR ITS SERVICES.
In the event you have a dispute, you agree to release LeisureCard (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL LeisureCard’S LIABILITY UNDER THIS AGREEMENT, WHETHER ARISING FROM CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHERWISE, EXCEED, IN THE AGGREGATE, THE AMOUNT OF THE MOST RECENT ONE YEAR’S MEMBERSHIP FEES PAID BY MEMBER TO LeisureCard FOR ITS SERVICES.
LeisureCard shall be excused from performance under these Terms of Service, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of LeisureCard.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
LeisureCard may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the LeisureCard trademarks, copyright, trade name, service marks, and other LeisureCard logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of LeisureCard LLC.. You herein agree not to display and/or use in any manner the LeisureCard logo or marks without obtaining LeisureCard’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
LeisureCard will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, LeisureCard may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The LeisureCard Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Attn: Copyright Agent
P.O. Box 542422,
Lake Worth, Florida 33454-2422
BE IT KNOWN, that LeisureCard complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.LeisureCard.com.
This TOS constitutes the entire agreement between you and LeisureCard LLC. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to LeisureCard Services.
It is at the mutual agreement of both you and LeisureCard LLC. with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and LeisureCard, shall be filed within the courts having jurisdiction within the County of Palm Beach, Florida or the U.S. District Court located in said state. You and LeisureCard LLC. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Any dispute between any of the parties hereto or claim by a party against another party arising out of or in relation to this Agreement or in relation to any alleged breach thereof shall be finally determined by arbitration in accordance with the rules then in force of the American Arbitration Association. The arbitration proceedings shall take place in Palm Beach, Florida or such other location as the parties in dispute hereafter may agree upon; and such proceedings shall be governed by the laws of the State of Florida as such laws are applied to agreements between residents of such State entered into and to be performed entirely within such State. There shall be one arbitrator, as shall be agreed upon by the parties in dispute, who shall be an individual skilled in the legal and business aspects of the subject matter of this Agreement and of the dispute. In the absence of such agreement, each party in dispute shall select one arbitrator and the arbitrators so selected shall select a third arbitrator. In the event the arbitrators cannot agree upon the selection of a third arbitrator; such third arbitrator shall be appointed by the American Arbitration Association at the request of any of the parties in dispute. The arbitrators shall be individuals skilled in the legal and business aspects of the subject matter of this Agreement and of the dispute. The decision rendered by the arbitrator or arbitrators shall be accompanied by a written opinion in support thereof. Such decision shall be final and binding upon the parties in dispute without right of appeal. Judgment upon any such decision may be entered into in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the decision and an order of enforcement. Costs of the arbitration shall be assessed by the arbitrator or arbitrators against any or all of the parties in dispute, and shall be paid promptly by the party or parties so assessed.
Before invoking the binding arbitration mechanism set forth above in this Agreement, the parties shall first participate in mediation of any dispute arising under this Agreement. The mediator shall be a retired judge or commissioner or an attorney with at least 5 years of relevant experience relating to the subject matter of the controversy. The mediation shall take place in the State of Florida, at such time and place as Member and LeisureCard shall mutually agree. The cost of mediation shall be borne by the parties equally. At least 30 days before the date of the mediation, each side shall provide the mediator with a statement of its position and copies of all supporting documents. Each party shall send to the mediation a person who has authority to bind the party. If a subsequent dispute will involve third parties, such as insurers or subcontractors, they shall also be asked to participate in the mediation. If a party has participated in the mediation and is dissatisfied with the outcome, that party may invoke the binding arbitration provision set for in this Agreement.
WAIVER AND SEVERABILITY OF TERMS
At any time, should LeisureCard fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is strictly non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. The LeisureCard membership card (hereafter “the card”) is also strictly non-transferable. You agree that the card is printed with your name on it and can only be used by you, as well as one additional guest and it can only be used in conjunction with a valid photo ID. The card cannot be loaned to others.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within TWELVE (12) MONTHS after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to LeisureCard LLC. as follows:
P.O. Box 542422,
Lake Worth, Florida 33454-2422
Collection of Information
This website collects various types of information, such as:
- Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase your membership, or other products and services and to deliver your membership card and to provide you with our newsletter and other relevant membership related information.
- Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site. Your billing information is used solely for billing purposes and is not stored LeisureCard itself. When you provide your credit card information on our website, or mobile application, it is securely transmitted to and stored with our credit card processor (currently Stripe) and is not available to LeisureCard employees, unless you provide such information over the phone, facsimile, or via email.
The personal information collected and stored by LeisureCard is limited to the data in your member profile, including: first and last name, phone number, email address, and postal address. Personal Information provided to us for membership registration and login into your membership profile on LeisureCard.com, or webforms, will be entered and transmitted using 256-bit (or greater) SSL encryption. Such information is stored behind a firewall on a secure server but not in an encrypted form. However, you understand and acknowledge that email and other methods of communication are not encrypted and cannot be made secure. LeisureCard has no liability for disclosure of profile or personal information due to errors in transmission or unauthorized acts of third parties. For that reason, we ask that you do not send us any confidential or personal information such as credit card, account numbers, or other sensitive information via email, text message, or other unsecure channels.
LeisureCard may have the occasion to collect anonymous demographic information, such as age, gender, household income, political affiliation, race and religion at a later time. We may also gather information about the type of browser you are using, IP address or type of operating system, Internet Service Provider (ISP), location, date/time stamp, and clickstream data to assist us in providing and maintaining superior quality service.
It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.
Use of Information Collected
LeisureCard may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.LeisureCard.com. LeisureCard may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered and weekly newsletters with updated partner listings, introductions of new partners, and general information related to your membership.
LeisureCard does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties.
LeisureCard may deem it necessary to follow websites and/or pages that our users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.
LeisureCard may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:
- Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon LeisureCard and/or our website;
- Enforce our Terms of Service
- Maintain, safeguard and/or preserve all the rights and/or property of LeisureCard LLC.; and
- Perform under demanding conditions in an effort to safeguard the personal safety of users of www.LeisureCard.com and/or the general public.
- c) respond to any claim that therein contained content is in violation of the rights of any third party
We might use non-identifying and aggregate information to better design our website and to share with advertisers and internet analytical companies such as Google. We may for example provide an advertiser with the information that X number of individuals visited a certain area on our website, or that X number of men and X number of women filled out our registration form. However, we will not disclose any your Personal Information to third parties that could be used to identify you, unless we are required to by law.
Children Under Age of 13
LeisureCard does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to info@LeisureCard.com, or follow the link to unsubscribe included in communications from LeisureCard. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.
Links to Other Web Sites
LeisureCard shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information. Personal information is stored behind a firewall on a secure server but not in an encrypted form.
LeisureCard herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by LeisureCard or any other content providers supplying content services to LeisureCard. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Acceptance of Terms
How to Contact Us
Telephone Number: 1-833-MY-LEISURE
P.O. Box 542422,
Lake Worth, Florida 33454-2422
Last Updated: 01/01/2018