MenuClub Consumer Terms and Conditions
MenuClub Inc. (hereinafter callled, “MenuClub” and also “we” or “us”) allows consumers to receive loyalty plans, rewards and other offers from participating businesses. These Terms and Conditions (“Terms”) govern participation of consumers in birthday club, rewards clubs, loyalty programs, hereinafter called the “Club”, offered by businesses.
1. Participation: MenuClub allows you to receive loyalty rewards, loyalty plans as well as other promotional, marketing and advertising content (all of the foregoing, hereinafter called “Content”) via email and other means of communication. MenuClub makes no warranties regarding the Content or the availability thereof, and MenuClub may cease provision of Content, in which event Content which you have collected may cease to be available or valid. You understand that MenuClub is making the offers available to you without charge and, as such, you shall have no claims against MenuClub for the temporary or permanent unavailability of any Content.
2. Restrictions: You must be 18 years of age or older to participate in MenuClub Content.. If you are younger than 18 please notify firstname.lastname@example.org and we will delete your records.
Participation in Content and usage of Clubs and services is limited to U.S. residents.
3. Signup: All information provided in signing up must be truthful and accurate, and you represent and warrant that you have all rights necessary to provide such information. MenuClub may, for any reason in its sole discretion, terminate or suspend your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) MenuClub’s reasonable belief that the letter or spirit of these Terms have been violated, (iii) MenuClub’s reasonable belief that fraudulent or illegal behavior has occurred, or (iv) MenuClub’s reasonable belief that behavior that is harmful to other users, third parties, or our business interests has occurred.
4. Security: When joining a Club, you may receive your account information. You should ensure that your username and password (or other login information) are secure. Your loyalty plans and rewards are at risk if you let someone use your account inappropriately. MenuClub will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to immediately notify MenuClub of any unauthorized use of your account or password. MenuClub WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE ARISING FROM UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD, and you agree to indemnify and hold MenuClub harmless for any improper or illegal use of your account.
5. Promotional Material: By joining a Club, you consent to receiving Content from the businesses. All Content is provided by businesses that you have selected and, as such, MenuClub disclaims all responsibility and liability for Content. Specifically, you acknowledge that MenuClub is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Content, and MenuClub is in no way responsible to provide any loyalty plans or rewards on behalf of any business. BUSINESSES ARE THE SOLE PARTIES RESPONSIBLE FOR CONTENT AND FOR PROVIDING ANY LOYALTY PLANS OR REWARDS. Further, you understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against MenuClub in this respect. You agree to abide by the terms and conditions that any business may impose on any loyalty plans or rewards provided by such business, and you shall fully indemnify MenuClub for your violation of any such terms and conditions.
7. Usage Restrictions: In making use of the Content, you may not, directly or indirectly, (a) violate the legal rights of others, including defaming, abusing, stalking or threatening users or infringe our or any third party’s intellectual property rights, moral rights, or other rights; (b) commit an action that is (or we reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or we reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (c) commit any action that does not comply with all applicable laws, rules, or regulations, including not obtaining all necessary permits, licenses, or registrations or that would cause us to be in violation of any law or regulation, or to infringe any right of any third party; or (d) use or access another user’s account or password without permission or under false pretenses.
8. Indemnification: You shall indemnify MenuClub, its partners, affiliates, employees, officers, directors and agents from and against any and all third party allegations (even though such allegations may be false, fraudulent or groundless) asserted in any claim, action, lawsuit, investigation or proceeding, whether actual or alleged, arising out of or related in any way to (i) a breach by you of these Terms; (ii) your use of Content in a manner that may violate any third party intellectual property, moral or contractual rights; or (iii) your use of any Content in violation of any law, regulation or court order. Your choice of counsel retained for purposes under this section must be reasonably satisfactory to MenuClub. You may not settle or compromise claims that impose any obligation on MenuClub or that may affect MenuClub’s rights in any way without MenuClub’s prior written consent. MenuClub may participate in the defense of all claims with counsel of its own choice at its own expense.
9. No Warranty: ALL CONTENT ARE PROVIDED “AS-IS”. MenuClub EXPRESSLY DISCLAIMS ANY WARRANTIES (INCLUDING THE SUBSTANCE OF THE CONTENT) AND WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ANY RELIANCE ON THE CONTENT IS AT YOUR OWN RISK, AND MenuClub DOES NOT ACCEPT ANY LIABILITY FOR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE UNAVAILABILITY OR MODIFICATION OF ANY LOYALTY PLANS OR REWARDS, OR THE FAILURE OF ANY BUSINESS TO PROVIDE ANY PROMISED LOYALTY PLANS OR REWARDS.
10. Termination: MenuClub may suspend or terminate your account, these Terms, and your use of any Content at any time if (i) you violate these Terms, including using the Content in violation of any third party right or law, regulation or court order; (ii) MenuClub is unable to verify or authenticate any information you provide; (iii) such information becomes inaccurate; or (iv) MenuClub decides, in its sole discretion, to cease offering the Content. Sections 4 (Security), 6 (Privacy), 7 (Usage Restrictions), 8 (Indemnification), 9 (No Warranty), and this Section 10 shall survive the termination or expiration of this Agreement for any reason.
11. Miscellaneous: These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof, provided that the use of any Content may be subject to additional terms provided by the applicable business.
CONTINUED USE OF CONTENT IS DEEMED TO BE AGREEMENT OF THESE TERMS AND CONDITOINS. YOU SHOULD IMMEDIATELY STOP USING CONENT IF YOU DO NOT AGREE.
A waiver of any default hereunder or of any of the terms and conditions of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. MenuClub may assign its rights or obligations pursuant to these Terms. Customer agrees not to assign any rights under these Terms; any attempted assignment shall be null and void and shall result in the termination of these Terms. If any part of these Terms shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of the State of California, and the competent courts in the state of California shall have exclusive jurisdiction to hear any disputes arising hereunder.