AREA15 Membership Program – Terms and Conditions
The following sets forth the terms and conditions which govern a membership subscription in a Area 15 Membership Program (“Program”). Each Program member shall abide by and adhere to these Terms and Conditions as a condition to their membership in a Program. If you do not wish to abide by and adhere to these Terms and Conditions, you cannot be a member of a Program. Any and all prior terms, conditions, agreements, understandings or commitments concerning a membership in or relationship with a Program is hereby superseded and restated by these Terms and Conditions. These Terms and Conditions are the sole and exclusive terms which control over any prior or contemporaneous terms, conditions, agreements, understandings or commitments, whether oral or written, implied or express, concerning a membership in and a member’s relationship with a Program.
1. General
Area 15 Las Vegas, LLC, Area 15 Global, LLC, its subsidiaries and affiliated companies and properties (collectively, “Company”, “our”, “we”, or words of similar correlative meaning) owns and operates the Programs. Each Program is an offering of benefits structured and offered by the Company to members purchasing subscriptions in such Program. Programs are not legal entities. By being a member of or otherwise purchasing a membership in a Program, you hereby agree to all of these Terms and Conditions.
2. Member
As used herein, “member” or “you” (or words of similar correlative meaning) means any individual who subscribes as a member of a Program in any capacity, class, level or function in any way, manner or form, including by registration as a member of a Program whether or not such initial subscription was made in the past, concurrently herewith, or hereinafter. As a member, you hold no other rights or privileges other than as expressly set forth in these Terms and Conditions. Your rights as a member are solely and exclusively governed by these Terms and Conditions. You are not, and you forever disclaim all rights as, an agent, representative, fiduciary, owner, member, stockholder, equity holder, officer, director, manager, employee, consultant or any other legal or statutory rights designations, in each case, of the Company or any of its affiliates. You have no authority to bind the Company or its affiliates in any manner. You will not hold yourself as an agent for the Company or its affiliates in any capacity. Your membership is not transferable or assignable.
Please note that while some of the Program member benefits may appeal to children, this site is not targeted at children under the age of 13, and they are not permitted to use this Site. We strongly encourage all parents and guardians to monitor their children’s Internet use. If you use this Site, you affirm you are at least 13 years old.
3. Governing Terms
You also agree to any bylaws, policies, procedures, rules, constitutions and standards from time to time adopted by the Company, which governs a Program or which governs your membership in a Program. You can obtain a copy of the same upon request. We may also provide you a copy by other means from time to time, including on the Company’s website. You also agree to any rules, terms and conditions adopted by the Company which govern any contests, competitions, tournaments, sweepstakes, games, activities, or matches in which you participate, register or enter in connection with a Program or membership in Program (“Program activity”). You can obtain a copy of the same upon request. We may also provide you a copy by other means from time to time, including on the Company’s website. You also agree to Company’s Privacy Policy (available at https://area15.com/privacy-policy/), Online Terms (available at https://area15.com/legal/), and any other policies, rules, or guidelines that may be applicable to the Program, membership in a Program, or particular offers or features associated with a Program on the websites from which such Programs are displayed (“Sites”), including without limitations, in the case of admissions or tickets which form Program member benefits, our Ticketing Terms (available at https://area15.com/ticketing-terms/), all of which are also incorporated into these Terms and Conditions by reference, provided these Terms and Conditions will control and govern in the event of any conflict therewith.
The bylaws, policies, procedures, rules, constitutions, terms, conditions, terms of use, privacy policies, standards, Program member categories, and Program member benefits referenced herein are collectively hereinafter referred to as the “Governing Standards” all of which are incorporated herein by reference. As used herein, “Terms and Conditions” shall mean these Terms and Conditions, including the Governing Standards. Company reserves the right, in its sole discretion, to cancel, terminate, modify, change, add to, eliminate, extend or suspend some or all of these Terms and Conditions for any reason with or without notice. If such items were initially available online, Company will use its commercially reasonable efforts to post the same, as amended, modified or otherwise changed. Regardless, a member’s continued membership in a Program shall constitute member’s acceptance and agreement to be bound by such items, as amended, modified or otherwise changed. To the extent that future Terms and Conditions differ from a prior version of the Terms and Conditions which you previously agreed to, the most current version of the Terms and Conditions supersedes and governs.
All determinations as to the enforcement of these Terms and Conditions shall be made by Company in its sole and absolute discretion, and is final and nonappealable. Members fully and unconditionally agree to be bound by these Terms and Conditions and the decisions of the Company, which will be final and binding in all matters relating to a Program. Decisions as to the management, administration and operation of a Program and Program benefits are under the sole and exclusive control of the Company
NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER:
These Terms and Conditions contain an arbitration agreement and class action waiver section below. Specifically, you and we agree that any dispute or claim relating in any way to these Terms and Conditions, your use of the Sites, or tickets, passes, products, offering or services sold, distributed, issued, or serviced by us or through us, will be resolved by binding, individual arbitration, rather than in court. By agreeing to individual arbitration, you and we each waive any right to participate in a class action lawsuit or class-wide arbitration. This agreement and waiver—along with some limited exceptions—is explained in sections below.
4. Program Member Benefit
Your membership in a Program entitles you to specific benefits (“Program member benefit”). The current description of Program member benefits applicable to each available Program are available here. No other benefits or rights are afforded to you as a member. As stated above, Program member benefits may be changed, modified, revoked, added or eliminated with or without notice to you. A Program may have different or additional Program member benefits than other Programs. Moreover, a Program may have different or additional Program member benefits depending on their Program category membership within the Program (“Program member categories”). You will only be provided the Program member benefits which corresponds to your Program member category. You will not be entitled to any Program member benefit which corresponds to a Program member category that is not your Program member category. Certain Program member benefits may have restrictions or conditions (e.g., frequency of use, 21 years of age or older, duration of use, one-time use, etc.) which will be notified to you from time to time. A member’s continued membership in a Program shall constitute member’s acceptance and agreement to be bound by such restrictions and conditions.
You may be provided a Program card, account, code, or other identification (“Program Identification”) which references your current Program membership and applicable Program member benefits. You must present to the Company your Program Identification that is issued to you at the time of receiving or redeeming your Program member benefit with the Company. Copies will not be permitted. You may also be required to provide a valid government issued photo identification identifying you. If you do not present the valid Program Identification, together with government issued photo identification upon request, then you will not receive the Program member benefit applicable to your membership.
5. Programs and Program Member Categories
Programs and Program members categories shall be determined from time to time at the sole discretion of Company. Some Program member categories may have age limitations – you will abide by such age limitations, and a member of a Program member category represents at all times that such member adheres to the age limitations for such Program member category. If a member is under eighteen (18) years of age, then the individual who registers or subscribes for a membership represents and warrants that he/she is (i) the parent or legal guardian of such member, (ii) is duly authorized to enter into these Terms and Conditions as a binding agent, fiduciary or representative on behalf of such member, and (iii) jointly and severally liable for, and bound by, all of the agreements made as to such member hereunder, including the payment obligations hereunder.
As stated above, Program member categories may be changed, modified, revoked, added or eliminated with or without notice to you. Your Program and Program member category will be determined based upon the eligible membership you choose to subscribe for and purchase.
6. Member Submissions
The Company may solicit or request information from members. Any information received by the Company or its affiliates or their designees from a member, whether in person or via any communication or delivery method, shall be considered property of the Company. Member agrees: (1) that disclosure and posting of any Works by member is voluntary, gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, that the Company is free to use or not use any Works, and that the Company may disclose the Works on a non-confidential basis to anyone or otherwise use the Works without any additional compensation to member; and (2) the Company does not waive any rights to use similar or related works previously known to Company, or developed by its employees, or obtained from sources other than member. As used herein, “Works” means anything and everything submitted, delivered, given, uploaded, transmitted, communicated, or otherwise provided by the member during the time when such individual is a member, whether as part of the registration or otherwise, by or through any media, medium or channel, including but not limited to, information, videos, recordings, audio, designs, pictures, drawings, images, graphics, content, schematics, etchings, photographs, visuals, works, works of authorship, blueprints, diagrams, plans, prototypes, charts, creations, developments, ideas, know-how, models, inventions, techniques, systems, architecture, specifications, applications, flow charts, outlines, writings, pictorals, logos, mask-works, innovation, copyrights, patents, methods, trademarks, processes or any other intellectual property rights in any form of expression and proprietary rights therein or other information or property.
Member represents and warrants that member is the sole and exclusive creator of the Works and that no third party ownership rights exist to any Works. Member hereby agrees that all Works once submitted, delivered, given, uploaded, posted, transmitted, communicated, or otherwise shall constitute works made for hire owned exclusively by Company. If, by operation of law, the ownership of Works does not automatically vest in Company, member will take necessary steps to assign ownership to Company. Prior to any such assignment, member will hold such rights in the Works in trust for the sole right and benefit of Company and its affiliates. As a precaution against the event that a Work, or any element or component thereof, is by operation of law not considered to be a work made for hire, and to ensure the complete and absolute vesting of all rights, title, interests and intellectual property rights therein and thereto exclusively in Company, member hereby unconditionally and irrevocably transfers, conveys, assigns, sets over, and quitclaims to Company and its successors and assigns all rights, title, and interests of every kind and nature, including, without limitation, all intellectual property rights, and every other proprietary right (including all renewal and extension rights with respect thereto) which member may have or hereafter acquire in the Work, or any improvement thereof, or any element or component of any of the foregoing, whether created by member, Company, or a third party, without any additional consideration free and clear of any liens or encumbrances. To the extent that moral rights or any other intellectual property right or interest cannot be assigned under applicable law, member hereby waives, to the maximum extent permitted by law, such rights and interests and consents to any action of Company or Company’s successors, licensees, or assigns that would violate such rights and interests. If such Works are not by operation of law considered property owned by Company, member hereby is deemed to have given the Company authorization, permission, approval, consent to use, and an nonexclusive, unlimited, unconditional, perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, transferable and assignable license to use, reproduce, distribute, display, duplicate, form a derivative work, access, store, copy, rearrange, sell, lease, rent, redistribute, modify, alter, archive, translate, create derivative works, loan, pledge, granting of a security interest, granting of a lien, encumber, convey, download, exchange, exhibit, perform, exploit, upload, transmit, broadcast, host, index, cache, tag, encode, compile, adapt, create a collection with, publish, or disassemble the Work, anywhere in the world, for any purpose, in or related to any and all media or distribution methods (now known or later developed). In such event, member shall protect and defend, at his/her own cost and expense, its interest in and to the Work from and against all claims, liens and legal processes and shall not assign, sell, encumber, use or transfer his interest therein in a manner which would adversely effect Company’s rights thereto.
All rights granted or agreed to be granted by member hereunder to Company shall vest in Company automatically and immediately upon member’s creation and submission, delivery or provision of an entry or registration and/or Work to Company, and shall remain perpetually vested in Company and its successors and assigns. Member shall, without any additional consideration, take all actions and execute and deliver all documents (and cause its employees, contractors, agents and representatives to do the same) as Company may reasonably request to effectuate the acknowledgment of ownership of the Work. Member shall not reuse the Work, or any intermediate or partial version thereof, or any derivative work based upon the Work without Company’s express written consent, which consent may be withheld by Company in its sole discretion.
Company is not responsible for lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, misdirected, postage-due, technically corrupted or garbled entries or communication, or for problems of any kind whether mechanical, human or electronic.
7. Expenses
A member is responsible for his/her own out of pocket expenses as a member of a Program and in connection with any Program activity or utilizing of any Program member benefit, including handling, arranging or obtaining food, lodging, transportation or any other thing, matter or item in connection with any Program activity or Program member benefit.
8. Membership Condition
Some Program activities carry inherent risk. Objects may dislodge or fly during a Program activity. Injury can occur. Stay alert at all times before, during, and after the Program activity. If injured, immediately ask the venue for directions to a medical station. You voluntarily assume all risks and danger arising from the Program activity, whether occurring before, during or after the p Program activity, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Program activity date and time are subject to change.
You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the Program activity, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Company, its affiliates, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor —relating to such risks, hazards, and dangers.
You agree to comply with all of the venue applicable rules, policies, terms, and conditions (“Venue Rules”) relating to the Program activities. The Company (or a venue) reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct, behavior or communication Company (or such venue) deems in its sole discretion to be disorderly, offensive, hostile, abusive, threatening, intimidating, vulgar or violent, or who fails to comply with Venue Rules. Breach of terms or rules will terminate your license to participate in any Program activity. A ticket to any Program activity is a revocable license and admission may be refused. A ticket to any Program activity is not redeemable for cash or other property.
You agree that some Program activities are public events, and that your appearance and actions inside and outside the venue where the Program activity occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Program activity. You may not record, copy, publicly exhibit, transmit, or distribute any virtual event through any means, resell views of any virtual Program activity, or allow others to log into your account for the purpose of watching a virtual Program activity.
You hereby, on your behalf and on behalf of your heirs, executors, heirs, executors, administrators, trustees, legal representatives and assigns, and on behalf of any minor which accompanies you at an event, unconditionally and forever grant to Company and its employees, contractors, agents, licensees and assigns the unrestricted, irrevocable, unconditional, absolute, perpetual, worldwide, royalty-free right: (a) to make audio, photograph, video, fixed works, or other recordings (collectively, “recordings”) of your name, address (city and state), image, sounds, likeness, photograph, picture, portrait, voice, biographical information, actions, expressions, and/or any statements made by you, including, without limitation, any voice, name, biographical information and likeness owned or controlled by any of them (collectively, “information sets”) at the Program activity and for any purpose, and (b) to reproduce, copy, modify, exploit, edit, create derivative works of, display, perform, exhibit, distribute, perform, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the recordings and information sets or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature) in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, Internet-based, electronic, magnetic, digital, laser or optical-based media) throughout the universe in perpetuity in such manner and to such extent as Company deems appropriate for any purpose.
Your attendance at the Program activity constitutes your further permission to use your name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by you at the program activity for advertising, marketing, promotional and other business purposes without notice or additional compensation. You hereby, on your behalf and on behalf of their heirs, executors, heirs, executors, administrators, trustees, legal representatives and assigns, and on behalf of any minor which accompanies you at the Program activity, unconditionally and forever grant to Company and its employees, contractors, agents, licensees and assigns, the unrestricted, irrevocable, unconditional, absolute, perpetual, worldwide, royalty-free right and license to use your name, address (city and state), photograph, likeness, voice, biographical and personal background information, statements, and event registration, and, without limitation, any notes, photograph, film, or video or audio tape, recordings that may be taken at the event or in such materials (the foregoing, collectively, the “content”), without further compensation, consideration, or notice or permission to you or to any third party, and to reproduce, copy, modify, exploit, edit, create derivative works of, display, perform, exhibit, distribute, perform, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature) in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, Internet-based, electronic, magnetic, digital, laser or optical-based media) throughout the universe in perpetuity in such manner and to such extent as Company deems appropriate for any purpose.
All rights of every kind in such content, recordings and information sets in all manners, formats and media now known or hereafter devised (including without limitation all copyrights therein and all renewals, extensions and restorations of said copyrights), shall be solely owned throughout the universe in perpetuity by Company, its designees and its successors and assigns. The rights herein granted include, without limitation, all television rights, theatrical rights, home video and DVD rights, interactive cable rights, internet site rights, so-called “wireless” and mobile device rights (e.g., iPod, cellular phone, ringtones, mp3 player), digital distribution rights (e.g. streaming and download), computer-assisted media rights (including, without limitation, CD-ROM, CD-I, and other similar disc systems), and rights relating to any other devices or methods now existing or hereafter devised, with respect to the use of content, recordings, and information sets and any derivative works thereof. All rights (including ownership and intellectual property rights) to such content, recordings and information sets (and derivative works) are reserved in Company and are assignable, transferable and sublicensable. Company has sole discretion to use or not use any such content, recordings and information sets (and derivative works) without notice. You are not entitled to any proceeds, compensation, royalties, or other payment resulting from such content, recordings, information sets (and derivative works) or the event or otherwise in connection with Company or its assignees usage rights hereunder whatsoever. Any such content, recordings and information sets (and derivative works) publicly distributed shall be subject to the Company’s sole and exclusive discretion. You further agree that Company may use all or any part of the content, recordings and information sets (and derivative works), and may alter or modify it, regardless of whether or not you are recognizable. Without limiting the foregoing, you further agree that Company may use content, recordings and information sets (and derivative works) in connection with any marketing, promotion, publicity, advertisement, and/or merchandising.
Member agrees to release and hold harmless Company, its advertising and promotion agencies and their respective parents, subsidiaries, affiliates and related entities, successors, licensees, assignees, directors, owners, managers, officers, shareholders, members, employees, contractors, agents and representatives, and any person or entity acting under, by, through or associated with any of them (“Released Parties”), from any and all claims, liability, loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in any Program activity, or possession, acceptance and/or use or misuse of any Program member benefit or participation in any Program activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Company is not responsible if a Program activity cannot take place or if any Program member benefit cannot be provided for any reason, including due to acts of war, natural disasters, pandemics, disease, governmental restriction, weather, acts of terrorism or events beyond reasonable control of Company. Members who do not comply with these Terms and Conditions, or attempt to interfere with a Program activity in any way shall have their membership revoked without notice. Member will defend, indemnify and hold harmless any Released Party from any claims, proceedings, disputes, actions, investigations, damages, loss, liability, costs, penalties or expenses of any kind (including reasonable outside attorneys’ fees and costs) arising from or in connection with any breach or alleged breach by member of its representations, warranties, covenants and/or obligations hereunder, and any acts or omissions undertaken by member in connection with a Program, Program activity or Program member benefit.
9. Additional Terms
Company, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit a member’s ability to communicate, including any injury or damage to member’s or any other person’s computer relating to or resulting from membership or downloading any materials as a member.
Company reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend any Program, Program activity or Program member benefit for any reason with or without notice, including if in its sole discretion it determines virus, bugs, non-authorized human intervention, fraud or other causes affect the integrity, administration, security, fairness or proper conduct or functioning of any Program, Program activity or Program member benefit. Company reserves the right, at its sole discretion, to rescind or suspend the membership of any individual, or may prohibit a member from participating in a Program activity or receiving a Program member benefit if, in its sole discretion, it determines that said member is attempting to undermine the legitimate operation of the Program activity or Program member benefit by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other members or Company representatives or otherwise impairs or harms, or threatens to impair or harm, Company’s business and operations, or otherwise fails to adhere to these Terms and Conditions or conducting himself/herself in a manner detrimental to the Program, Program activity or Company in any manner.
CAUTION: ANY ATTEMPT BY A MEMBER TO DELIBERATELY DAMAGE ANY WEB SITE USED IN CONNECTION WITH A PROGRAM OR UNDERMINE THE LEGITIMATE OPERATION OF A PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by members, printing errors or by any of the equipment or programming associated with or utilized in any Program, Program activity or Program member benefit; (2) technical, human or mechanical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of a Program, Program activity or Program member benefit; (4) technical, mechanical or human error which may occur in the administration of a Program, Program activity or Program member benefit; or (5) any injury or damage to persons or property which may occur, directly or indirectly, in whole or in part, from member’s participation in a Program, Program activity or Program member benefit or receipt or use or misuse of any Program member benefit. Your participation in a Program, Program activity or Program member benefit is it your sole risk. Participation in a Program activity or use of Program member benefit may involve physical activity and inherent risks of which you assume in its entirety.
You may contact info@area15.com to address any concerns you may have regarding the Site or Program. We will attempt to resolve concerns quickly to our customers’ satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other and good faith negotiations which shall be a condition to either party initiating a formal dispute proceedings.
For any dispute that is not subject to binding arbitration or otherwise as set forth in these Terms, you and Company agree to submit to the personal and exclusive jurisdiction in the federal and state courts located in Clark County, Nevada. You further agree to accept service of process by mail or e-mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER:
THE TERMS AND CONDITIONS SET FORTH IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER OF THE SITE (https://area15.com/legal/) ARE HEREBY INCORPORATED HEREIN BY REFERENCE AND SHALL APPLY TO THESE TERMS AND SHALL APPLY TO THE PROGRAM AND PROGRAM ACTIVITY. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE TOTAL LIABILITY OF COMPANY ARISING UNDER THESE TERMS AND CONDITIONS, A PROGRAM, PROGRAM ACTIVITY, PROGRAM MEMBER BENEFIT, A MEMBERSHIP OR A MEMBER’S RELATIONSHIP WITH THE COMPANY SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES NOT TO EXCEED AN AMOUNT EQUAL TO THE AMOUNT PAID FOR A MEMBERSHIP DURING THE TWELVE (12) MONTHS GIVING RISE TO SUCH CLAIM BY SUCH AGGREIVED MEMBER AND UNDER NO CIRCUMSTANCES WILL MEMBER BE PERMITTED TO OBTAIN AWARDS FOR, AND MEMBER HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, FUTURE INCOME OR OPPORTUNITY) AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND FURTHER HEREBY WAIVES ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the member and Company, shall be governed by, and construed in accordance with, the laws of the State of Nevada, without giving effect to any choice of law or conflict of law rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada. Member agrees that remedies for any breach of these Terms and Conditions by Company will be limited to an action for damages and in no event will member be entitled to rescind or terminate these Terms and Conditions or to seek any injunctive or other equitable relief of any kind.
In the event of any conflict or inconsistency or ambiguity between these Terms and Conditions and another document or instrument, these Terms and Conditions shall govern and control. The Company shall be entitled to seek equitable relief, including injunction and specific performance, as a remedy for any actual or threatened breach by member of his/her obligations under these Terms and Conditions (without proof of actual damages or harm, and not subject to any requirement for the securing or posting of any bond in connection therewith) in a court of competent jurisdiction. If and to the extent that any court or tribunal of competent jurisdiction holds any provision of these Terms and Conditions to be unenforceable in a final non-appealable order, such unenforceable provision shall be stricken and the remainder of these Terms and Conditions shall not be affected thereby. Abiding by these Terms and Conditions constitutes a personal obligation of the member and may not be delegated to, assigned to or assumed by another individual. If any provision or provisions of these Terms and Conditions are held to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. These Terms and Conditions represent the entire understanding of the parties regarding the subject matter hereof, and supersede all prior or contemporaneous understandings or negotiations, whether oral or written, implied or express. Any modification or waiver to these Terms and Conditions requires an express writing signed by an authorized representative of the Company. Company reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend these Terms and Conditions or any Program, Program activity or Program member benefit for any reason with or without notice. You will not be entitled to a refund in these circumstances. If the terms of such items were initially available online, Company will use its commercially reasonable efforts to post the Terms and Conditions or terms of any Program, Program activity or Program member benefit, as amended, modified or otherwise changed. Regardless, member’s continued membership in the Program shall constitute member’s acceptance and agreement to be bound by the Terms and Conditions or terms of any Program, Program activity or Program member benefit, as amended, modified or otherwise changed. The Company may assign, transfer, pledge and convey in whole or in part at any time its rights and benefits hereunder without prior notice. The obligations of a member hereunder are personal to member and may not be assigned by member and any such assignment shall be null and void ab initio.
These Terms and Conditions survive the termination of your subscription. If the duration of, the scope of or any activity covered by these Terms and Conditions is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. The parties hereby acknowledge that these Terms and Conditions shall be given the construction that renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law. If any provision of these Terms and Conditions, or part thereof, shall be declared invalid, illegal or unenforceable, such provision or part thereof shall be severed and all remaining provisions shall continue in full force and effect. Headings contained herein are inserted for convenience only and are not intended to have any substantive significance in interpreting these Terms and Conditions. The rights and remedies afforded to Company provided by these Terms and Conditions are cumulative, and the exercise of any right or remedy by Company (or by its successor), shall not preclude or waive its right to exercise any or all other rights and remedies. Except as expressly set forth herein, nothing contained herein shall be construed or is intended to give any person, other than the Company and you, any legal or equitable rights or remedies in respect of or under these Terms and Conditions. Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise. The language used in these Terms and Conditions shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction shall be applied against any party.
10. Use of Data
Company may be collecting personal data about members online to the extent a website is used in connection with the Program, in accordance with its privacy policy. Please review the Company’s privacy policy as referenced above. Members hereby agree to Company’s collection and usage of their personal information and acknowledge that they have read and accepted Company’s privacy policy. By making any manual or electronic signature now or later which either incorporates or references these terms, member hereby agrees and acknowledges that such action constitutes member’s signature which applies to and evidences member’s agreement to these terms. Member may request to sign these Terms and Conditions manually without a fee.
You represent and warrant that all data and information submitted by you to the Company is accurate and complete and will ensure such information and data continues to be accurate and complete at all times during your subscription period. Company disclaims all liability arising from any inaccuracies or incompleteness of such information and data so submitted by you.
11. Payment
Only one (1) individual is entitled to the Program member benefits of a single subscribed Program (or Program member category, as applicable). A membership may not be shared with another individual.
Company will process a member’s purchase of a Program subscription or service (collectively, “Program service”) as promptly as possible. There may be delay in activation of a subscription or processing of a Program service while payment details are verified. Company reserves the right to reject any order or purchase at any time. If your initial payment authorization is later revoked, your subscription or order will be terminated. Contact our Customer Care group if you believe your access was terminated in error. Unless specified otherwise in this Section, all charges are nonrefundable. When you purchase a Program service, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. Discount eligibility is determined at the time of the order. Some Program services have one-time registration or activation fees in addition to recurring fees. Discounts cannot be applied retroactively. All prices are in United States Dollars, unless otherwise stated. Company reserves the right to change prices and fees at any time. Company will notify you in advance if the rate/price of a Program service changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your Program service or purchase from that point forward. Applicable taxes may vary. Company is not able to notify you in advance of changes in applicable taxes. If a stated price is determined by Company in its sole discretion to be in error, Company is under no obligation to offer you the Program service at that price. Company will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.
Your subscription for a membership entitles you to only those Program member benefits specified for your particular Program (or Program member category within such Program, as applicable), subject to change as provided herein. You may not have access to benefits of other members in a different Program (or another Program member category, as applicable).
When you use your Program service, you may incur other additional charges from third party service providers, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.
If you believe someone else has wrongfully used your membership or you are being charged for a product you do not have, please contact our Customer Care group.
Company reserves the right to issue refunds or credits at its sole discretion. If Company issues a refund or credit, Company is under no obligation to issue the same or similar refund in the future.
12. Billing
Company will charge or debit your payment method at the beginning of your subscription or, if applicable, at the end of your free trial period, if any. Billing will continue according to the cycle stated at the time of your order. Your subscription will renew automatically at the end of your subscription period based upon the same terms as your initial subscription for the same time period, and you will be charged in advance. Any changes to fees, pricing, charges or other Terms and Conditions applicable to such renewal period will be notified to you and will apply during such renewal period unless you cancel your subscription. When Company renews your subscription, Company will use the payment method currently associated with your account. If you redeem a gift subscription and choose to extend your subscription at the time of redemption, that subscription will renew automatically. In most cases, you will not be notified in advance of impending renewals and you expressly agree to waive the application of New York General Obligations Law section 5-903 and any equivalent similar laws. You hereby authorize Company to make all necessary charges or debits using the payment method currently associated with your account in accordance with this Section (e.g., credit or payment card).
When you change your subscription, you will receive a pro-rated credit toward your new subscription.
When you make a one-time purchase (for example, a standalone product), Company will charge or debit your payment method at the time of purchase. The currency in which you will be billed will be stated during the purchase process and is determined based on your billing address.
If your credit card expires or your payment method is otherwise invalid, your subscription or product will not automatically be terminated. You will remain responsible for all charges.
You will be responsible for all costs Company incurs in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.
13. Promotions
Company may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.
You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, your subscription will automatically renew at the rates displayed at the time of purchase.
Company will not notify you in advance that the promotion is about to end and Company will not notify you when your promotional rate has ended. To cancel and avoid being charged, you must notify Company before the promotion ends.
14. Cancellation
When you cancel a subscription, you cancel only future charges associated with your subscription. You may notify Company of your intent to cancel at any time, but the cancellation will become effective at the end of your current subscription period and you are responsible and liable for all fees and charges through to the end of the current subscription period. You will not receive a refund for the current billing cycle. You will continue to have the same access and Program member benefits of your Program (or Program member category, as applicable) for the remainder of the current billing period.
Company reserves the right to make changes to any Program service or Program member benefit at any time with or without notice for any reason. If Company changes, reduces or eliminates the Program service or your Program member benefits, you will not receive a refund.
Effective: March 25, 2025