TERMS AND CONDITIONS
Date: March 2019
Clubco Direct Website User Agreement
ACCEPTANCE OF TERMS THROUGH USE
THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE TERMS OF THIS AGREEMENT MAY BE MODIFIED OR AMENDED FROM TIME TO TIME. BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
By using this site or by clicking “I Agree” to this Agreement, you (User) signify your agreement to these terms and conditions. If you do not agree to this Agreement, please do not use this site and do not click “I Agree.”
This Agreement is between Clubco Direct, Inc. (“Company”) and User (“You”)
Clubco Direct provides access to www.ClubcoDirect.com, as well as other subordinate sites (the “Site”) subject to your acceptance of this Clubco Direct Website User Agreement. Clubco Direct reserves the right to add to, modify, or discontinue the Site or portions of the Site at any time in its sole discretion. In the event of a change to this Agreement, your continued use of the site following the posting of any changes constitutes acceptance of any such changes. Company reserves the right to terminate User’s use of this site at any time without notice and may do so for any breach of this Agreement.
Company hereby grants you non-exclusive, non-transferable, limited license to use this site in strict accordance with the terms and conditions of this Agreement. User agrees not to make any false or fraudulent statements as you use this site. User acknowledges and agrees that all content and services available on this site are property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the United States and Internationally.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve: (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is routinely encrypted over networks.
TYPES OF USERS
Any person using this site shall be deemed a “User” under this Agreement. A User must be 18 years of age or older and have completed, understood, and agreed to the Agreement. If a person under 18 years of age wishes to use the site, a parent or guardian must submit to the Company a signed Permission Authorization Form. If User is not yet 18 or is accessing this site from any country where this material is prohibited, exit now as you do not have proper authorization.
USE OF SITE
User agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, access to the service, or any contract on the website through which the service is provided. Additional systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database, or directory without written permission from the Company is prohibited.
User understands that Clubco Direct cannot and does not guarantee or warrant that files
available for download from the Site will be free of infection or viruses, worms, Trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Independent Reward Members (IRM) are independent third party contractors of Clubco Direct and Clubco Direct is not responsible or liable for the statements, acts, or omissions of such IRMs, whether in connection with this website or in any other context. User acknowledges and agrees that Clubco Direct has no control over, and is not responsible or liable for any information, in any medium, provided to User by an IRM. Clubco Direct does not confirm the accuracy or reliability of any materials created or distributed by IRMs in any medium, including but not limited to Internet and social media sites.
PRODUCTS AND/OR SERVICES
Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to deny any refund request that we feel is excessive. All descriptions of products or product pricing are subject to change without notice and at the sole discretion of Clubco Direct. We reserve the right to discontinue any product or service made available on this site that is void where prohibited.
User agrees that if issued a username and password by the Company, User shall make his or her best efforts to prevent access to this site through given username and password by anyone other than yourself, including but not limited to keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party, and by using a secure username and password not easily guessed by third party.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
Clubco may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer Club and/or Reward account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by Reward Members, dealers, co-ops, resellers, or distributors.
User agrees to provide current, complete and accurate purchase and account information for all purchases made through the Site so that we can verify that you do not hold multiple Clubco Direct accounts. User agrees to promptly update account and other information, including email address, credit card numbers, and expiration dates, so that Clubco can complete your transactions and contact User as needed.
User agrees to comply with all applicable export and import control laws and regulations in the use of this site, or materials or services received through this site, and in particular, User shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U. S. and foreign government licenses.
ERRORS AND CORRECTIONS
While Clubco uses reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of product and services, and shall have no liability for such errors. Clubco may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us for verification.
LINKS TO OTHER WEBSITES
POSTING CONTENT ON THE SITE – COMPANY & SOCIAL MEDIA SITES
Except with regard to personal information, all information which you post on this site or communicate to the Company through this site (collectively “Submissions”) shall forever be the property of the Company. A User may be allowed to post photos, text, comments, ratings, purchases, links, audio, images, pictures, graphics, video, designs, and other works of authorship (“Content”) to various locations on the Site or third party site. User agrees that User is solely responsible for Content and acknowledges that User is fully responsible for the message, including its legality, reliability, appropriateness, originally, and copyright. User hereby represents and warrants that User’s Submissions do not infringe the rights of any third party.
User agrees to not post or communicate:
- False, misleading or fraudulent information;
- Content that violates the law or anyone’s right, including intellectual property rights or other proprietary rights;
- Any contact information or private information of any third party;
- Any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
- Mature content that would be inappropriate for the general public.
Clubco Direct does not monitor all Content posted to the site and will not be responsible for Content posted to the site or to any third party sites. User shall not upload, post, or otherwise distribute or facilitate distribution of any content – text, communications, video, software, images, sounds, and data, including:
- Anything that could disable, overburden, or impair the proper working of the Site;
- Soliciting private information (including social security numbers, credit card numbers, and passwords) from Users of the Site;
- Offering any contest, sweepstakes, coupon, or other promotion through the Site without our prior, written consent;
- Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, obscenity, sexually explicit or graphic or gratuitous violence or anything else that we may consider offensive;
- Content that infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy, or other proprietary right of any party;
- Content that constitutes unauthorized or unsolicited advertising, junk, or bulk email (also known as spamming), chain letters, any other form of unauthorized solicitations, or any form of lottery or gambling;
- Content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party.
User agrees that use of this Site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this Site in violation of these rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may harass or assault another, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors, or employees. In such event, User agrees that the owner of this Site may disclose your identity and contact information if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof. User agrees not to bring any action or claim against the owner of this Site for such disclosure.
SHOPPING ON THE SITE
When using the Site, the terms of the above paragraphs shall apply. As a User, you will be allowed to shop with our merchants through links that take you directly to other merchants’ websites. In this case, additional terms may apply to your shopping experience, based on the merchant’s terms.
Clubco Direct General Return Policy:
Each merchant selling products and/or services on or through ClubcoDirect.com will have its own unique return policy. Before placing an order on or through ClubcoDirect.com, please read each seller’s return policy.
Clubco Direct Return Policy (for product & services sold on ClubcoDirect.com):
Most items purchased from Clubco Direct through ClubcoDirect.com may be returned for a full refund, less shipping charges, within thirty (30) calendar days of the date they were shipped. Food, custom ordered items, and gift cards cannot be returned for a refund for any reason.
To return an item to Clubco Direct, contact our refunds department for a Return Authorization number (RA#) prior to returning your item. You can contact us by e-mail at: support@ClubcoDirect.com or call us at 1-801-438-4732. Any items returned without a valid RA# will be shipped back to you at your cost and expense.
To receive a refund on an item:
- The item must be unopened and in new and re-salable condition;
- The item must have all original packaging, parts, and accessories;
- If an item was in a plastic bag or shrink wrap when shipped, item must be unopened and still in the plastic bag or shrink wrap;
- The item must not be a food, custom product, or gift card.
If you used a gift card to pay for all or part of an order, we will apply any refund to the gift card first, up to the gift card amount used to purchase the order. Any remaining balance will be refunded to the credit or debit card used for the original purchase.
We are not responsible for items lost or damaged during return shipping. If you are concerned about items being lost or damaged during shipping, please insure your package for the value of the items being returned.
You are responsible for the cost of return shipping and optional insurance.
We make every effort to ensure the accuracy of each order. If you feel there is a discrepancy with your order, please inspect your order thoroughly when you receive it and contact us at support@ClubcoDirect.com or 1-801-438-4732.
CREDIT CARD PROCESSING
Clubco Direct may facilitate the processing of your merchant purchases. We process payment transaction for orders and pass some information, such as order details and shipping information, to the merchants responsible for fulfilling the order. User authorizes Clubco Direct to process payment transactions on your behalf and to pass order details and shipping or other information to the merchants responsible for fulfilling orders. User also authorizes Clubco Direct to make adjustments or reversals to your payment method (credit card, debit card, or other means of payment) in connection with returns, cancellations, reversals, claw-backs, refunds, or other adjustments.
When linking to other sites you may deal with other merchants and/or merchant sites to shop and complete your transactions. Once you link to other merchant sites, Clubco Direct no longer has control over or responsibility for the experience on other merchant sites.
LIMITATIONS ON LIABILTY
PRODUCT AND SERVICE INFORMATION
Product and service information and prices are provided by merchants and/or third party sources. Clubco Direct attempts to ensure the accuracy of product and service information or prices displayed. Please notify us of any information or pricing inaccuracies so that we may immediately notify the merchants to correct the problem.
There are features of the Clubco Direct site that may be accessible via certain mobile carriers (“Mobile Services”.) By using Mobile Services, User agrees that we may communicate with you by SMS, MMS, text message, or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information on the Clubco Direct Site to ensure messages are properly delivered.
CASHBACK AND INCENTIVES
Clubco Direct may from time to time offer incentives, rewards, bonuses, promotions, and/or cash back to Club and/or Reward Members who participate in the offerings. The terms and conditions of these additional offers will govern how they are earned and paid if they differ from the terms of this Agreement:
Club Member Acquisition Program: Club Members may receive a $10 gift card that
they may use towards purchases on either products and/or services that are offered on
the Clubco Direct website or in our “Rewards Incentive Program.” Minimum purchase
amount of $25;
Must be registered as a Club Member with ClubcoDirect.com. Offer is only available
to first-time purchases by the Club Member;
3. Qualifying purchases from any store, service, or product offered in the marketplace
and/or services will show “pending status” until cleared by the participating store or
service to account for returns, refunds, fraud, and other processing matters. When the
purchase is eligible, it will be marked as “available” in your account. It is your
responsibility to ensure that your shopping account has properly posted to your Clubco
Clubco Direct is not responsible for changes to or withdrawal of any
stores and/or services participating in the Clubco Direct offering, or for any effect on
cash back rewards caused by such changes. If a participating store fails to report a
transaction to Clubco Direct or withholds payment to Clubco Direct for any reason,
Clubco reserves the right to cancel the cash back award associated with that transaction
or order. Users are subject to adjustments for returns, cancellations, and other events.
Such adjustments or “clawbacks” can be applied to your account at any time by Clubco
Direct and in its sole discretion. Should you disagree with any adjustments made to your
account, your sole remedy is to cancel your Clubco Direct Membership;
- You will not earn rewards on purchases if:
- Your browser is not configured to accept cookies;
- You are not logged in on ClubcoDirect.com;
- Order is later cancelled and/or goods and/or service are later returned;
- Participating store and/or service does not report the purchase to us;
User conducts fraudulent transactions or otherwise colludes with merchants,
makes misrepresentations in connection with your participation in “clawback,”
maintains multiple accounts, or otherwise does not comply with these terms;
You may be taxed on your accrual of cash back rewards, depending on the amount of
cash back rewards accrued and the tax laws of federal, state, and local jurisdictions;
7. Clubco local program is calculated, and your percentage is based on your sub-total
bill, excluding tips and sales tax whether it was charged or not. Rewards will not be
awarded for transactions where the payment card is not linked, does not meet
eligibility requirements for rewards, is expired, has a new card number that is not linked, the transaction or payment is pin based, or where third-party ordering and delivery services are used. Transactions that are more than 30 days old cannot be credited and will not be awarded.
INTELLECTUAL PROPERTY RIGHTS
The Clubco Direct Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, all rights reserved. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. User does not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, or transmitted via mechanical, photocopying, recording, or otherwise without Company’s prior written permission.
The Clubco Direct name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks of Clubco Direct. The use or misuse of any marks or any other material contained on the site, without the prior written permission of their owner, is expressly prohibited.
THIRD PARTY SITES
User may be transferred to online merchants or other third party sites through links or frames from this Site. User is encouraged to read the site-specific terms and conditions and/or privacy policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company and are not monitored or reviewed by the Company. The inclusion of such a link or frame does not imply endorsement of the site by the Company, its advertisers, or licensors, and any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
The Company, its advertisers, and its licensors make no representation or warranties about this Site, the suitability of the information contained on or received through use of this Site, or any service or products received through this Site. All information and use of this Site is provided “as is” without regards to this Site, the information contained or received through use of this Site, and any service or products received through this Site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, its advertisers, and/or its licensors do not warrant that the contents or any information received through this Site are accurate, reliable or correct, that this Site will be available at any particular time or location, that any defects or errors will be corrected, or that the content of any information received through this Site is free of viruses or other harmful components. Your use of this Site is solely at your risk. User agrees that it has relied on no such warranties, representations or statements other than in this Agreement. These exclusions shall apply to the maximum extent permitted by law.
LIMITATION OF LIABILITY
Under no circumstances shall the Company, its advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use this Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company, its advertisers and/or its licensors have been advised of the possibility of such damages. The Company, its advertisers and/or its respective licensors’ liability shall be limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from the use of this Site, any services, information or products from this Site, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
Company may suspend or terminate this Agreement or User’s access immediately upon receipt of any notice which alleges User has used the site for any purpose that violates any local, state, or federal law, or laws of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, or that may violate hacking or other criminal regulations of its agents, officers, directors, contractors, or employees. In such event, Company may disclose the User’s identity and comply with a subpoena or other legal action or claim requesting such disclosure.
CHOICE OF LAW AND FORUM
This Site (excluding third party linked sites) is controlled by the Company from its offices within the State of Utah, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by the Site. The laws of the State of Utah shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site, without regards to conflicts of laws principles thereof. User and Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Utah and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
This Agreement incorporates by reference the Site Submission Rules if the Site allows posting of such Rules. This Agreement constitutes the entire agreement between parties relating to the subject matter thereof, supersedes any prior or contemporaneous (oral, written, or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law and held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement, as much as possible under applicable law, shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
Company reserves the right to revise these provisions at its sole discretion.