Effective Date: September 27, 2016
1. Copyright and Trademark Information
The Site, and all of the information, files, documents, text, photographs, images, audio, video and other materials which it contains (collectively, the “Content”) are the property of AAA Club Alliance or its licensors, as applicable. The Site and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes approved in writing by AAA Club Alliance. All rights not expressly granted herein are reserved to us and our licensors.
2. Use of AAA Club Alliance Content; Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the AAA Club Alliance or users of the Site or expose us or them to liability;
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Site; or
- Otherwise attempt to interfere with the proper working of the Site.
3. Products and Services
(a) Accuracy and Integrity of Information; Colors
Although AAA Club Alliance attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform AAA Club Alliance so that it can be corrected. Information contained on the Site may be changed or updated without notice.
We have used reasonable efforts to accurately display the image, colors and appearance of the products that are available on the Site. However, as the actual image, appearance and colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any image, color or appearance will be accurate.
(b) Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
(c) Order Acceptance
We reserve the right, at our sole discretion, to refuse to accept or cancel any order for any or no reason, with or without cause. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or adherence to our fraud avoidance policies. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has already been charged, we shall promptly issue a credit to your credit or debit card account in the amount of the charge.]
4. Online Payments
We accept credit and debit cards issued by U.S. banks and other payment and billing methods that may be designated by AAA Club Alliance at the time of purchase. If a credit or debit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
5. User Generated Content, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or the Site (“User Generated Content”), you agree not to provide any User Generated Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You represent and warrant to AAA Club Alliance that you have the legal right and authorization to provide all User Generated Content to AAA Club Alliance for the purposes and AAA Club Alliance’s use as set forth herein. AAA Club Alliance shall have a fully paid, royalty-free, non-exclusive, irrevocable, sublicensable, transferable right and license to use the User Generated Content however AAA Club Alliance desires, including without limitation, to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, and otherwise copy, modify, delete in its entirety, adapt, publish, translate, and sell such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. AAA Club Alliance is and shall be under no obligation (i) to maintain any User Generated Content in confidence; (ii) to pay to you any compensation for any User Generated Content; or (iii) to respond to any User Generated Content.
AAA Club Alliance does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant AAA Club Alliance the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. AAA Club Alliance and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold us, our officers, managers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from any User Generated Content you post or allow to be posted to the Site.
6. Links to Other Sites
From time to time we may provide links to third party websites and services that we think may be of interest to you. AAA Club Alliance makes no representations whatsoever about any other website that you may access through this Site. When you access a non-AAA Club Alliance website, please understand that it is independent from AAA Club Alliance, and that AAA Club Alliance has no control over the content on that website. In addition, a link to a non-AAA Club Alliance website does not mean that AAA Club Alliance endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
7. Limitation of Liability and Disclaimer of Warranties
AAA CLUB ALLIANCE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT CONTAINED WITHIN IT, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. AAA CLUB ALLIANCE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, CONTENT, AND LINKED WEBSITES. AAA CLUB ALLIANCE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
Any claims arising in connection with your use of the Site any Content or any linked website must be brought within one (1) year of the date of the event giving rise to such action occurred.
By using the Site, you agree to defend, indemnify and hold us, our officers, managers, directors, employees, parents, subsidiaries, insurers, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Site.
9. Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site if you bring that issue to our attention. Nevertheless, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
If this arbitration agreement is found to be unenforceable, then exclusive jurisdiction and venue for any claims will be in state or federal courts in the State of Delaware. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware in connection with any such claim. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. You and AAA Club Alliance both agree that you or AAA Club Alliance may bring suit in court to enjoin infringement or other misuse of intellectual property rights.]
10. Class Action Waiver
YOU AND AAA CLUB ALLIANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO BRING A CLAIM AS A PLAINTIFF OR AS A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
11. Governing Law
14. Complete Agreement
17. Contact Information
AAA Club Alliance Inc.
One River Place
Wilmington, DE 19801
Attn: Legal Department