Xclusive Terms of Service and Privacy Policy
USER AGREEMENT
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE . Your
use of this Web site (the “Site”) is expressly conditioned on your
acceptance of the following terms and conditions. By using this Site,
you signify your assent to these terms and conditions. If you do not
agree with any part of the following terms and conditions, you must not
use this Site.
1. OWNERSHIP. This Site, and each of its modules and additional service
offerings with the Site, together with the arrangement and compilation
of the content found on this Site, is the copyrighted property of
XCLUSIVE HOSPITALITY LLC or its various third party providers and
distributors of services and offerings. In addition, the trademarks,
logos and service marks displayed on this Site (collectively, the
"Trademarks") are registered and common law Trademarks of XCLUSIVE
HOSPITALITY LLC, its affiliates, and various third parties. Nothing
contained on this Site should be construed as granting, by implication
or otherwise, any license or right to use any of the Trademarks without
the written permission of XCLUSIVE HOSPITALITY LLC, or such other party
that may own the Trademarks.
2. USE OF SITE. XCLUSIVE HOSPITALITY LLC grants you a limited,
non-transferable license to use this Site in accordance with the terms
and conditions of this User Agreement. You may only use this Site to
refer XCLUSIVE HOSPITALITY LLC business services and offerings or, if
you are a registered XCLUSIVE HOSPITALITY LLC. customer, utilize the
Site to purchase reservations, make donations, access discounts all in
a password protected platform. Each user must access exclusively with
their provided username and registered password. Sharing of password or
sharing and providing a non registered member access is illegal and not
permitted. Member and/or User agrees it shall not use this Site for any
other purposes, including without limitation, to make any speculative,
false or fraudulent purchases. This Site and the content provided in
this Site, including the text, graphics, button icons, audio and video
clips, digital downloads, data compilations and software, may not be
copied, reproduced, republished, uploaded, posted, transmitted or
distributed without the written permission of XCLUSIVE HOSPITALITY LLC,
and/or its third party providers, affiliates and distributors. You
shall not use or authorize or permit any third party to use on your
behalf any "robot," "spider" or other automatic device, or a program,
algorithm or methodology having similar processes or functionality, or
any manual process, to monitor or copy any of the Web pages, data or
content found on this Site, in any case without the prior written
permission of XCLUSIVE HOSPITALITY LLC. You shall not utilize any
software, application, or algorithm, whether integrated in a browser or
otherwise, that modifies or adds content to the layout, design, or
content of any XCLUSIVE HOSPITALITY LLC Web pages or software
solutions. You agree that you will not transmit or otherwise transfer
any Web pages, data or content found on this Site to any other
computer, server, Web site, or other medium for mass distribution or
for use in any commercial enterprise. You agree that you will not use
any device, software or routine to interfere or attempt to interfere
with the proper working of this Site. You agree that you will not take
any action that imposes a burden or load on our infrastructure that
XCLUSIVE HOSPITALITY LLC deems in its sole discretion to be
unreasonable or disproportionate to the benefits XCLUSIVE HOSPITALITY
LLC obtains from your use of the Site. Unauthorized use of this Site
and/or the materials contained on this Site may violate applicable
copyright, trademark or other intellectual property laws or other laws.
You must retain all copyright and trademark notices, including any
other proprietary notices, contained in the materials, and you must not
alter, obscure or obliterate any of such notices. The use of such
materials on any other Web site or in any environment of networked
computers is prohibited. You are prohibited from posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene,
indecent, inflammatory, pornographic or profane material or any
material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or
otherwise violate any law. In addition, you are prohibited from posting
or transmitting any information which (a) infringes the rights of
others or violates their privacy or publicity rights, (b) is protected
by copyright, trademark or other proprietary right, unless with the
express written permission of the owner of such right, (c) contains a
virus, bug or other harmful item, or (d) is used to unlawfully collude
against another person in restraint of trade or competition. You shall
be solely liable for any damages resulting from any infringement of
copyright, trademark, or other proprietary right, or any other harm
resulting from your use of this Site. Notwithstanding the foregoing, if
you have been notified by XCLUSIVE HOSPITALITY LLC that you are
prohibited from using the Site, then you have no license to use the
Site and any access by you or on your behalf shall be unauthorized and
unlawful. XCLUSIVE HOSPITALITY LLC may provide notice under this or any
other section of this agreement via an email sent to the email address
contained in your user profile(s) or otherwise used to request
information or purchase services through the XCLUSIVE Members
Services/affiliates sections and offerings. XCLUSIVE HOSPITALITY LLC is
not responsible for your account or personal information entered
directly on this Site or via one of the XCLUSIVE HOSPITALITY LLC
affiliate Service sites. You agree to safeguard your account
information and will supervise and be completely responsible for any
use of your account by anyone other than you.
3. AGE AND RESPONSIBILITY. If you access the Site anonymously, you may
do so as a visitor and will not be required to create a user name.
However, in order to access certain services on the Site, you will be
required to provide specific information. All information about you
must be truthful, and you may not use any aliases or other means to
mask your true identity. You are responsible for maintaining the
confidentiality of your account information and your password. You
agree to accept responsibility for all activities that occur under your
account or password. You represent that you are of sufficient legal age
to use this Site and to create binding legal obligations for any
liability you may incur as a result of the use of this Site. You
understand that you are financially responsible for all uses of this
Site by you and those using your login information. We may suspend or
terminate your user name and password at any time with or without
notice. XCLUSIVE HOSPITALITY LLC has no fiduciary responsibility for
any donations you make through the customized travel center powered by
XCLUSIVE HOSPITALITY LLC on behalf of your charitable organization. All
donations are between the user and the organization to which the
donation is being made. If you have any questions regarding your
donation please contact the charitable organization to whom you donated
.
4. PRIVACY. You have read the XCLUSIVE HOSPITALITY LLC Privacy
Policies, the terms of which are incorporated herein, and agree that
the terms of such policy are reasonable. You consent to the use of your
personal information by XCLUSIVE HOSPITALITY LLC and its third party
providers, affiliates and distributors in accordance with the terms of
and for the purposes set forth in the XCLUSIVE HOSPITALITY LLC Privacy
Policies.
5. REVIEW OF TRANSMISSIONS; SUBMITTED CONTENT. XCLUSIVE HOSPITALITY LLC
shall have the right (but not the obligation) to, from time to time
monitor and review any information transmitted or received through this
Site and reserves the right to censor, edit, remove or prohibit the
transmission or receipt of any information that XCLUSIVE HOSPITALITY
LLC deems inappropriate or in violation of these terms and conditions.
These terms and conditions apply to any journals, recommendations,
opinions, news articles, directories, guides, text, photographs,
illustrations, graphics, logos, audio clips and images, information,
data, photographs, software, messages, ideas, comments, questions, or
other materials received by XCLUSIVE HOSPITALITY LLC from you
(collectively "Submitted Content"). During monitoring, the Submitted
Content may be examined, recorded or copied, and your use of this Site
constitutes your consent to such monitoring and review. You agree that
you are responsible for the Submitted Content, and XCLUSIVE HOSPITALITY
LLC disclaims any responsibility and assumes no liability with respect
to Submitted Content. By providing Submitted Content, you warrant that:
(a) you are the owner of such Submitted Content, or have been granted
all the rights necessary from the owner thereof to provide such
Submitted Content to XCLUSIVE HOSPITALITY LLC and for the use by
XCLUSIVE HOSPITALITY LLC and its affiliates as stated herein, and (b)
the use of such Submitted Content by XCLUSIVE HOSPITALITY LLC will not
infringe the intellectual property rights of or otherwise violate the
rights of any third party. You shall be solely liable for any damages
resulting from any infringement of copyright, trademark, or other
proprietary right or any other harm resulting from your use of the
Site. You agree that if you provide Submitted Content, you grant
XCLUSIVE HOSPITALITY LLC and its affiliates a worldwide, non-exclusive,
royalty-free, perpetual, irrevocable, and fully sublicenseable right to
use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, display, perform, transfer, or sell such
Submitted Content in any form, media or technology for any purpose
whatsoever, including, without limitation, a commercial purpose,
without any compensation to you. You agree that you will not publish,
submit, provide, or display such Submitted Content to or on any other
commercial, travel services -related web-site or on-line service
without XCLUSIVE HOSPITALITY LLC prior written consent, which consent
may be withheld by XCLUSIVE HOSPITALITY LLC in its discretion. Consent
may be requested by sending an e-mail to
IT@xclusiveenterprises.com You agree that XCLUSIVE HOSPITALITY
LLC may choose to provide attribution of Submitted Content provided by
you, at our discretion, and that such Submitted Content may be shared
with our supplier affiliates, customers and other third parties.
6. EXCLUSION OF WARRANTY.XCLUSIVE HOSPITALITY LLC AND ANY THIRD PARTY
PROVIDERS, AFFILIATES AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND
REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF
WHICH ARE PROVIDED ON AN "AS IS" BASIS. XCLUSIVE HOSPITALITY LLC AND
ANY THIRD PARTY PROVIDERS, AFFILIATES AND DISTRIBUTORS DO NOT WARRANT
THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE
CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM
ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR
FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER XCLUSIVE
HOSPITALITY LLC NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT
THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM XCLUSIVE
HOSPITALITY LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME
STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE
FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
7. LIMITATION OF LIABILITY. XCLUSIVE HOSPITALITY LLC ASSUMES NO
RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES
THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF
YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF
ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO
EVENT SHALL XCLUSIVE HOSPITALITY LLC OR ANY THIRD PARTY PROVIDERS,
AFFILIATES OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM,
DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST
PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED
WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE
OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE
ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE
PERFORMANCE OR NON PERFORMANCE BY XCLUSIVE HOSPITALITY LLC OR ANY THIRD
PARTY PROVIDERS, AFFILIATES OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED
TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION,
INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER
PARTY.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL-RELATED
SERVICES WITHIN THE XCLUSIVE HOSPITALITY LLC MEMBER TRAVEL SECTION OR
OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS
OR EMPLOYEES OF XCLUSIVE HOSPITALITY LLC. XCLUSIVE HOSPITALITY LLC IS
NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS,
WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY
PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES
RESULTING THEREFROM. XCLUSIVE HOSPITALITY LLC SHALL HAVE NO LIABILITY
AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION,
OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT
CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE,
OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
BY OFFERING FOR SALE SERVICES, INCLUDING WITHOUT LIMITATION LEGAL
DOCUMENT SERVICES, TRAVEL AND OTHER APPLICABLE SERVICE OFFERINGS, TO
ITS USERS. IN ADDITION, XCLUSIVE HOSPITALITY LLC., ITS AFFILIATES AND
THIRD PARTY PROVIDERS EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY
PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY
ERRORS, INCORRECT SUPPLIER INFORMATION, AND CURRENCY CONVERSION
MISCALCULATIONS) ON THIS WEBSITE OR ON PENDING PURCHASES MADE UNDER AN
INCORRECT PRICE FOR ANY SUCH SERVICE PURCHASED. THIS RIGHT APPLIES
WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED OR YOUR CREDIT CARD
CHARGED. If, notwithstanding the preceding, XCLUSIVE HOSPITALITY LLC or
any third party provider, affiliate or distributor should be found
liable for any loss or damage which arises out of or is in any way
connected with any of the above-described functions or uses of this
Site or its content, the liability of XCLUSIVE and the third party
provider, affiliate or distributor shall be limited to an amount which
does not exceed the amount paid by you to XCLUSIVE or such third party
for such product or service. In its sole discretion, in addition to any
other rights or remedies available to XCLUSIVE HOSPITALITY LLC and
without any liability whatsoever, XCLUSIVE HOSPITALITY LLC at any time
and without notice may terminate or restrict your access to any
component of this Site. Some states do not allow limitation of
liability, so the foregoing limitation may not apply to you.
8. INDEMNIFICATION. You shall defend, indemnify and hold harmless
XCLUSIVE HOSPITALITY LLC and any third party providers, affiliates and
distributors and their officers, directors, employees and agents from
and against any claim, cause of action or demand, including without
limitation reasonable legal and accounting fees, brought by or on your
behalf in excess of the liability described herein or by third parties
as a result of your use of this Site (including without limitation any
violation by you of this User Agreement).
9. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright
Act of 1998 (as amended, the "DMCA") provides recourse for copyright
owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe in good faith
that materials hosted by us infringe your copyright, you (or your
agent) may send us a notice requesting that the material be removed, or
access to it blocked. If you believe in good faith that we have wrongly
filed a notice of copyright infringement against you, the DMCA permits
you to send us a counter-notice. Notices and counter- notices must meet
the then-current statutory requirements imposed by the DMCA, as
provided in 17 U.S.C 512. Notices and counter-notices with respect to
the Site should be sent to XCLUSIVE HOSPITALITY LLC, 7944 E Beck Lane
Suite 200 Scottsdale, Arizona 85260, Attn: President, Phone:
480-609-8888, Fax: 480-609-1788, Email: IT@Xclusiveenterprises.com.
Please note that the phone number, fax number, and email address above
are not for customer service. For customer service, please call us
directly at 480-609-8888. We suggest that you consult your legal
advisor before filing a notice or counter-notice. Also, be aware that
there can be penalties for false claims under the DMCA.
10. LINKS. This Site contains links to other Web sites which are
provided solely as a convenience to you and not as an endorsement by
XCLUSIVE HOSPITALITY LLC, its third party providers, affiliates or
distributors of the contents of such other Web sites. None of XCLUSIVE
HOSPITALITY LLC or any third party provider, affiliates or distributor
shall be responsible for the content of any other Web sites and make no
representation or warranty regarding any other Web sites or the
contents or materials on such Web sites. If you decide to access other
Web sites, you do so at your own risk.
11. RELATIONSHIP. The relationship between XCLUSIVE HOSPITALITY LLC and
you will be that of independent contractors, and neither of us nor any
of our respective officers, agents or employees will be held or
construed to be partners, joint ventures, fiduciaries, employees or
agents of the other.
12. GOVERNING LAW. This Agreement and its performance shall be governed
by the laws of the state of Arizona, United States of America, without
regard to its conflict of laws provisions. You consent and submit to
the exclusive jurisdiction of the state and federal courts located in
Maricopa County, Arizona, United States of America, in all questions
and controversies arising out of your use of this Site and this
Agreement. To the extent allowed by applicable law, any claim or cause
of action arising from or relating to your access or use of this Site
must be brought within two (2) years from the date on which such claim
or action arose or accrued.
13. ATTORNEY'S FEES. If XCLUSIVE HOSPITALITY LLC or its affiliates take
any action to enforce this User Agreement and these terms and
conditions, such parties will be entitled to recover from you, and you
agree to pay, all reasonable and necessary attorney's fees and any cost
of litigation, in addition to any other relief, at law or in equity, to
which such parties may be entitled.
14. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted
violation of any of this User Agreement and these terms and conditions
will cause such damage to XCLUSIVE HOSPITALITY LLC as will be
irreparable, the exact amount of which would be difficult to ascertain
and for which there will be no adequate remedy at law. Accordingly, you
agree that XCLUSIVE HOSPITALITY LLC shall be entitled as a matter of
right to an injunction issued by any court of competent jurisdiction,
restraining such violation or attempted violation of these terms and
conditions by you, or your affiliates, partners, employees or agents,
as well as recover from you any and all costs and expenses sustained or
incurred by XCLUSIVE HOSPITALITY LLC in obtaining such an injunction,
including, without limitation, reasonable attorney's fees. You agree
that no bond or other security shall be required in connection with
such injunction.
15. TERMINATION. XCLUSIVE HOSPITALITY LLC may terminate this User
Agreement and these terms and conditions and/or the provision of any of
the services at any time for any reason, including any improper use of
this Site or your failure to comply with these terms and conditions.
Such termination shall not affect any right to relief to which XCLUSIVE
HOSPITALITY LLC and its third party providers, affiliates and
distributors may be entitled, at law or in equity. Upon termination of
this User Agreement and these terms and conditions, all rights granted
to you will terminate and revert to XCLUSIVE HOSPITALITY LLC and its
third party providers, affiliates or distributors, as applicable.
16. ASSIGNMENT. You may not assign, convey, subcontract or delegate
your rights, duties or obligations hereunder.
17. MODIFICATION. XCLUSIVE HOSPITALITY LLC. may at any time modify
these terms and conditions and your continued use of this Site will be
conditioned upon the terms and conditions in force at the time of your
use.
18. ADDITIONAL TERMS. Additional terms and conditions may apply to
reservations, purchases of goods and services and other uses of
portions of this Site, and you agree to abide by such other terms and
conditions. You acknowledge that some third-party providers offering
certain services and/or activities may require you to sign their
liability waiver prior to participating in the service and/or activity
they offer. You understand that if you violate any such supplier's
rules and restrictions, it may result in cancellation of your purchased
goods, services or membership with our affiliates and third-party
providers. XCLUSIVE HOSPITALITY LLC may debit your account or charge
you for any costs we incur as a result of such violation. XCLUSIVE
HOSPITALITY LLC and any portals powered by XCLUSIVE HOSPITALITY LLC may
charge the user a transaction fee for processing of a specified travel
reservation(PNR - Passenger Name Record). This transaction fee is
non-refundable.
19. SEVERABILITY. These terms and conditions shall be deemed severable.
In the event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining
provisions.
20. HEADINGS. The headings used in this User Agreement are included for
convenience only and will not limit or otherwise affect the terms and
conditions herein.
21. ENTIRE AGREEMENT. This User Agreement, together with any terms and
conditions incorporated herein or referred to herein, constitute the
entire agreement between us relating to the subject matter hereof, and
supersede any prior understandings or agreements (whether oral or
written) regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or
modifications available on this Site.