Terms of Membership
Welcome to the thuzio.com website (the “Site”) operated by Thuzio, Inc. (“Thuzio”). Thuzio provides its services to you subject to the following conditions. Before you may use the Site and membership services, you must read and accept all of the terms and conditions in this Terms of Service and Membership Agreement (“TOS”). This TOS is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site. If you do not agree to be bound by this TOS, you may not use the Site or Membership in any way. We reserve the right at any time, at our sole discretion, to change or otherwise modify the TOS without prior notice, and your continued access or use of this Site and Membership services signifies your acceptance of the updated or modified TOS.
1. Description of Services.
Thuzio provides members with access to a suite of business entertainment products, including but not limited to, events, tickets, offers, services, and information (the “Service”).
2. License and Site Access.
Thuzio grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Thuzio’s sole discretion) an unreasonable or disproportionately large load on Thuzio ‘s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Thuzio to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Thuzio.
By using the Site you agree not to: (i) use this Site or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (iii) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Site for any purpose without our express written permission; or (vii) “frame”, “mirror” or otherwise incorporate any part of this Site into any other website without our prior written authorization.
3. Membership Eligibility.
The Service and Membership is not available to minors under the age of 21 or to any users suspended or removed from the system by Thuzio for any reason. Members may not have more than one active account. Additionally, members and users are prohibited from selling, trading, or otherwise transferring their Membership account to another party. If you do not qualify, you may not use the Service or the Site.
4. Membership and Account.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and will only use the Site for legitimate purposes. You also agree to provide true, accurate, current and complete information about yourself when you apply for Thuzio membership. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Thuzio has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Thuzio has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Thuzio immediately of any unauthorized use of your account or any other breach of security. Thuzio reserves the right to refuse membership or service, terminate membership, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Site and the Services we offer and membership at any time and for any reason, including, but not limited to, for violation of the TOS.
5. Membership Fee.
Your Annual Membership fee is subject to taxation in accordance with applicable federal or state law. The annual Membership fee does not include applicable taxes. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The Membership fee is not refundable.
If membership is approved, full billing of the Initiation Fee and the first year of annual membership will commence immediately. If Membership is denied, there will be no charges.
7. Term; Continuous Membership; Billing.
The initial term of a Membership shall commence on the date it is purchased and continue until one year from the date in which the Membership was purchased. Each Membership will automatically renew (therein referred to as a “Renewal Membership”) each year for additional one-year periods (referred to as “Continuous Membership”) unless (i) you notify Member Services in writing, of your decision to cancel your Membership within 30 days of your renewal date; or (ii) we terminate your Membership.
Renewal Membership fees will be billed annually and automatically to the credit card we currently have on file, in the amount of the then current Membership fee on or around the day in which your current Membership or Renewal Membership term expires. If we attempt to charge the credit card on file in the amount of your renewal and the transaction fails, we may reattempt the charge for up to 60 days from that date unless you notify Thuzio of your decision to cancel your Membership.
8. Cancellation; Termination.
(a) You have the right to cancel your Membership at any time. Because of the nature of our service, no refunds will be available.
(b) Thuzio reserves the right to cancel or suspend, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this TOS, applicable law, or otherwise be harmful to our interests. If Thuzio cancels your Membership, Thuzio may, at its sole discretion, refund the balance of the annual membership fee on a time apportionment basis.
(c) We may terminate any or all of the benefits available to Members at any time with or without notice. No refunds will be available.
(d) Upon cancellation of Membership, you are relinquishing your current annual Membership rate and understand you will not be able to rejoin at a later time at that rate. You will also be relinquishing any FCPoints that were accrued during your Membership term, as well as any current or ongoing benefits you were enrolled in as a Member.
9. Business Partner Policies
You acknowledge that partner charges including, tax and incidentals are the responsibility of the individual member. You are responsible for any taxes or other payments that apply to partner products or services. You acknowledge that Thuzio partners have rules and policies. You are responsible and liable for verifying and abiding by these policies. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any partner (including Business, Lifestyle, or Travel) with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the partner’s rules and restrictions regarding availability, cancellation policies, minimum age, maximum occupancy, pet policies, child policies and use of fares, products, or services. You agree that any violation of any such partner’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
10. Disclaimer of Liability and Warranty.
THE CONTENT, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES WE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. Thuzio MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Thuzio AND THEIR RESPECTIVE PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM Thuzio, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Thuzio, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE HOTELS AND OTHER PARTNERS PROVIDING SERVICES ON THIS SITE ARE NOT AGENTS OR EMPLOYEES OF Thuzio OR ITS AFFILIATES. Thuzio AND ITS AFFILIATES ARE 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. Thuzio AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL Thuzio, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF Thuzio, ITS AFFILIATES AND/OR THEIR RESPECTIVE PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Thuzio AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Thuzio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
If, despite the limitation above, Thuzio, its Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Thuzio, Its Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Thuzio in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Thuzio, Its Affiliates, and/or their respective suppliers.
You agree to indemnify and hold Thuzio (and its members, owners, officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, your violation of any law or the rights of a third party, or your use of the Site.
13. Electronic Communication.
When you use the Site or send emails to Thuzio, you are communicating with Thuzio electronically. You consent to receive communications from Thuzio electronically. Thuzio will communicate with you by email or by posting notices on the Site. 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.
14. Modification and Notification of Changes.
Thuzio reserves the right to make changes to the Site and Membership Agreement, related policies and agreements, this TOS at any time. If Thuzio makes a material modification to this TOS, it will notify you by email.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Thuzio and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Thuzio or such third party that may own the Marks. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
16. Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and Thuzio will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Thuzio agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with this TOS. The failure of Thuzio to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Thuzio does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and Thuzio and governs your use of the Site, superseding any prior agreements between you and Thuzio with respect to the Site.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms of Service and Membership Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of these Terms of Service and Membership Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Thuzio may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.