POSH CITY CLUB Terms of Service
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND POSH POTTY, LLC.(“WE,” “US,”, “PCC”, “PSG” OR “OUR”), THE OWNER AND OPERATOR OF THE WWW.poshcityclub.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AND MEMBERSHIPS SOLD ON IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE OR THE PHYSICAL LOCATIONS.
By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least 18 years of age.
1 – CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
1.1 – Changes to the site
WE may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 – Personal Information/Privacy
2 – PASSWORDS; USE OF SITE
2.1 – Passwords
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify US if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2 – Use of Site; Prohibitions
Subject to your compliance with this Agreement, WE hereby grant you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of US or OUR third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
3 – TERMS OF SALE
3.1 – Sales of Products and Memberships to End Users Only
The Membership and all rights and privileges conferred are personal and non-transferable.
3.2 – Pricing
Pricing for Products and Memberships (including any applicable shipping and handling fees or sales tax) can be found on OUR then-current pricing page located on the Site at: http://www.poshcityclub.com/. The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. WE reserve the right to change prices for Products and Memberships at any time, and do not provide price protection or refunds in the event of promotions or price decreases.
“Founding Members” prices stay the same as their initial prices as long as the “Founding Member” continuously renews each year. If a “Founding Member” does not renew one year and then joins again at a future date, that member will now be subject to the prices of that future date and will lose the benefits of “Founding Members.”
3.3 – Refund/Cancellation Policy
This contract may be cancelled if you die, or if the POSH CITY CLUB ceases operation, or by your choice. If you cancel, POSH CITY CLUB may keep a pro-rated portion of your yearly membership fee divided by 12 for the months already passed in that year along with a Processing Fee of $10.00.
BUYER RIGHT TO CANCEL: If you wish to cancel this contract, you may cancel by mailing a written notice by certified or registered mail to the address specified below. The notice must say that you do not wish to be bound by this contract and must be delivered or mailed before midnight of the third business day after you sign this contract. After you cancel, the club may request the return of all contracts, membership cards, and other documents as evidence of membership. The notice must be delivered or mailed to:
POSH CITY CLUB
857 Post Road Suite 399
Fairfield, CT. 06824
3.4 – Payment Methods; Automatic Membership Renewals and Membership Cancellation Policy
WE accept credit card, debit card, and EFT (Electronic Funds Transfer) payments only. You agree to pay all fees charged to your account based on OUR fees, charges, and billing terms in effect as shown on the payment page you first sign-up for a Membership to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorize US or the third party payment processing service provider that we engage to charge your payment method for any such taxes and fees. All payments shall be made by credit card, debit card, or EFT in advance prior to commencement of your yearly membership. All sales and payments will be in US Dollars.
WE and OUR third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to US and OUR third party payment service provider at the election of your credit card issuer. Neither WE nor OUR third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is Your responsibility to contact Your credit card issuer with regards to Your right to opt out of the update service.
IMPORTANT NOTICE TO CONSUMER: WE will automatically renew your Membership on each Yearly anniversary date of the Membership and, as authorized by You during the Membership sign-up process, WE will charge your credit card with the applicable Membership fee and sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one Year. You may cancel your Membership at any time by logging on to your account within www.poshcityclub.com. To cancel a membership, please login to your account on the Site and select the “membership options” link at the bottom of the page, then follow instructions towards cancellation. All cancellation requests must be received at least 1 month prior to the yearly expiration date of your membership. If you have any problems, please email email@example.com WE require a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership for the following year, you will continue to enjoy your Membership benefits until the end of the then-current Membership term and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. If you choose to cancel your membership within a year you have already paid, you will be eligible for a prorated refund of any portion of the Membership fees paid for any unused months of the then-current Membership term. The prorated charge will be for the months you have used plus a $10.00 processing fee as determined by dividing your yearly membership fee by 12.
A Founding Member is one who joined during the initial offer as the business began. It was expressly stated at that time and that member’s yearly membership fee will never increase as long as they continue to renew their annual membership uninterrupted. The only adjustments will be for any changes to the additional sales tax or any other required government fees.
If a Founding Member cancels, they give up the right to keep that initial fee, so if they were to re-join after cancelling their membership, it would be at the then-current rate.
3.5 – Shipping and Product Acceptance
For Return of “Baggage Check” Items Left in a POSH CITY CLUB facililty: You hereby authorize that if, at the end of the business day, you do not pick up your personal items that were left in the “Baggage Check” area or Storage Locker, we will ship them to you via ground carrier of our choice and your credit card on file will be charged a $25.00 handling fee plus the postage and packing charges.
4 – Amendments
We reserve the right to change or modify these Terms and Conditions (“Modified Terms”) from time to time in its sole discretion. Such Modified Terms shall be posted on the Website and shall be binding on all purchases of Gift Card that occur after the Modified Terms take effect. All terms and conditions contained in these Terms and Conditions are applicable to the extent permitted by law.
5 – Referrals
This program is not available at this time. If it is implemented at a future date, notifications will be made at http://www.poshcityclub.com/
6 – Privacy
7 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that POSH CITY CLUB or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
POSH CITY CLUB is a trademark of Posh Potty, LLC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of POSH CITY CLUB, Copyright © 2013 Posh Potty, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
8 – THIRD PARTY SITES; INDEMNIFICATION
8.1 – Third Party Web Sites
8.2 – Indemnification
You hereby agree to defend, indemnify and hold each of the POSH CITY CLUB Parties (as defined in Section 8.1 above) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
9 – DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. POSH CITY CLUB, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “POSH CITY CLUB PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND POSH CITY CLUB. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POSH CITY CLUB OR ANY PERSON ON BEHALF OF POSH CITY CLUB SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 9 SHALL EXCLUDE OR LIMIT THE THE POSH CITY CLUB PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10 – LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY THE POSH CITY CLUB PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A POSH CITY CLUB PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A THE POSH CITY CLUB PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS, THE RELEVANT POSH CITY CLUB PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID POSH CITY CLUB FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).
NOTHING IN THIS SECTION 10 SHALL EXCLUDE OR LIMIT ANY POSH CITY CLUB PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH POSH CITY CLUB PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
11.1 – Dispute and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at firstname.lastname@example.org In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO THE POSH CITY CLUB’S ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 11.2 below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor POSH CITY CLUB has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to POSH CITY CLUB for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Westport, Connecticut, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the State of New York, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
11.2 – Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of New York without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be in New York County, New York. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
12 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
12.1 – Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
12.2 – General Terms