Terms of Sale

These terms and conditions (these “Terms of Sale”) apply to the purchase and sale of products and services (collectively, “Products”) through www.memberdeals.com and www.maxwells.club (referred to as the “Websites”). By making purchases through the Websites, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not purchase Products from this Websites. These terms and conditions are subject to change by Entertainment Benefits Group, LLC d/b/a Member Deals and Maxwell’s Club (referred to herein as “us”, “we” or “our”) at any time without prior written notice, in our sole discretion, and shall be effective as of the Effective Date described at the bottom of these terms and conditions. he latest version of the terms and conditions will be posted on this Website, and you should review these terms and conditions prior to purchasing any Product available through this Website. These terms and conditions are an integral part of the Terms of Use that apply generally to the use of our Website. In the event of a conflict between the Terms of Use and these Terms of Sale, these Terms of Sale shall apply. You should also carefully review our Privacy Policy before making a purchase through this Website. Additional terms and conditions may be applicable to you and any purchase you make through the Website, and such terms and conditions will be posted on the Website where applicable. In the event of a conflict between these Terms of Sale, and the Shipping and Delivery Terms and Conditions or the Taxes and Fees terms, the latter terms shall apply.

1. Who You Are Buying From.

We act as a limited agent or independent seller for those third-party businesses that are providing the Products for which you purchase tickets or vouchers, such as venues, teams, artists, nightclubs, hotels, travel companies, rental companies, and promoters (each a “Supplier”). Our Website also serves as a marketplace that allows you to buy tickets from a network of third-party ticket brokers and consumer resellers (collectively, “Third-Party Resellers”). We are not, and Third-Party Resellers need not be, affiliated with any Supplier. IN ALL CASES WE ARE PROVIDING ACCESS TO THE SUPPLIERS’ PRODUCT — NOT THE PRODUCT ITSELF. WE DO NOT HAVE DIRECT RELATIONSHIPS WITH THIRD-PARTY RESELLERS. WE HAVE NO CONTROL OVER THE SUPPLIERS’ PRODUCTS. YOUR DISSATISFACTION WITH A SUPPLIER’S PRODUCT SHALL BE ADDRESSED WITH THE APPLICABLE SUPPLIER; HOWEVER, ANY REFUNDS OR EXCHANGES SHALL BE GOVERNED BY SECTION 6 OF THESE TERMS OF SALE. We will be handling the transaction and collecting payment, and if the tickets or vouchers are sent, they will be sent from the United States, regardless of where you live. You acknowledge that some Suppliers may require you to sign a liability waiver or other terms and conditions prior to participating in their Product. You understand that any violation of any such Supplier’s rules and restrictions may result (a) in cancellation of your purchase, (b) in you being denied access to the applicable Product, and (c) in you forfeiting any monies paid for such Product. Please ensure you read the full terms and conditions of the applicable Supplier and their Product, which may be found on the Supplier’s website or by contacting the Supplier directly. Tickets or vouchers obtained from unauthorized sources – sources other than directly through us – may be lost, stolen or counterfeit and, if so are void.

2. Order Acceptance and Cancellation.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and we cancel your order, either in whole or in part, you will receive a refund credit to your account for the cancelled Product. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

Once an order has been placed it cannot be canceled unless otherwise explicitly set forth herein.

Additionally, if your order requires you to pick up your tickets or vouchers at any hotel destination or will-call office, your order shall be deemed accepted upon your receipt from us of an electronic or other form of order confirmation; subject, however, to the first paragraph of this Section 2. Your failure to pick up your order as described at the time of purchase shall not be deemed a rejection by you of your order and shall not relieve you of any payment or credit card charge for such order.

We do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the Products which are offered on our Website; and, in the event we determine a Product has been purchased with the intent to re-sell it by any such person or entity, we reserve the right to cancel or void the transaction without notice.

We make every effort to maintain the availability of our Website; however, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

If you do not receive a confirmation (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with our Customer Service whether or not your order has been placed or received by us. Only you may be aware of problems that may occur during the purchasing process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation, nor if you erroneously assume the order was placed.

3. Payment Terms.

We may accept Visa®, Mastercard®, American Express® and Discover® cards for all purchases, as well as certain Member Deals-branded gift cards, Paypal® and international credit cards for certain purchases, in our sole discretion which is subject to change without prior notice to you. You represent and warrant to us that (a) the credit card information or other payment information you supply to us is true, correct and complete, (b) charges incurred by you will be honored by your credit card company or other finance company, and (c) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. By placing your order, you authorize us to charge your method of payment for the total amount, which includes the ticket price and any taxes and/or fees.

Payment must be received by us prior to our acceptance of an order. All payments must be in United States dollars. Current billing address, email address, and phone number must be included with every order if any such information is requested by us. You agree to pay interest on all past-due sums at the highest rate allowed by applicable law. In the event that you dispute a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, we have the right to seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings. We retain a security interest in the Products and all proceeds thereof until the full purchase price therefore (including taxes, fees and any additional charges) has been paid. Without limiting the foregoing, we reserve the right to mitigate our damages by relisting and selling the tickets or vouchers that are the subject of the underlying payment dispute.

Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

4. Changes in Products and Pricing.

We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice to you. To the extent that we provide information on availability of Products, you should not rely solely on such information, and we will not be liable for any lack of availability of Products that you may wish to order through our Website.

All pricing for the Products available on our Website is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, price changes, errors in advertisements, and other extenuating circumstances.

In the event the amount you pay for a ticket or voucher is incorrect, regardless of whether such error is due to an error in a price posted on this Website or otherwise communicated to you, or due to a human error or a transactional malfunction of this Website or other Member Deals-operated system, then we shall have the right (but not the obligation) to cancel that ticket or voucher (or the order for that ticket or voucher) and refund to you the amount that you paid. Alternatively, we may offer products to you at the corrected price. If the corrected price is not acceptable to you, we will allow you to cancel your order.

5. Taxes and Fees.

While we detail the taxes and fees we charge on the Checkout page of our Website, we have provided them below for your convenience.

(a)

Generally.

The following information details the taxes and fees that may be applied to your order, when purchasing tickets, hotel reservations and other travel arrangements with us. We hope that you find this information helpful. Member Deals has offices and operates out of several states which dictate the applicable sales taxes that, in some cases, must be collected and remitted on the local or state government’s behalf. Similarly, our Suppliers may operate in the same or additional states creating a sales tax liability that is passed on to us and recovered to the extent required by our Suppliers or applicable laws.

(b)

Tickets and Travel.

Unless otherwise noted, prices shown for travel packages are in United States Dollars for one adult, and if the travel package includes a hotel, based upon double occupancy. Prices are subject to change based upon your choice of travel dates, number of travelers, departure city, and your choice of flight, hotels or other items, and may require a minimum nights’ stay. For ticket orders, the information and all terms and conditions regarding the ticket Products will be listed on our website for you to review prior to purchase. In most instances, ticket orders are non-refundable and non-transferable. We can offer the most competitive pricing and product selection by eliminating excessive service fees and relying on our database to connect directly to most of our suppliers. This prohibits us from being able to offer refunds and/or cancellations. Amounts displayed in the “Taxes & Fees” line for ticket transactions consist of the amount that we expect the relevant attraction/event/travel supplier to bill us for any applicable taxes, governmental fees and other charges, as outlined above plus an additional processing service fee that we retain as further described herein.

(c)

Hotel and Vacation Rental Transactions.

In order to provide you with the best offers available, we provide and market hotel rooms and vacation rentals on the site on a prepaid model, where we collect the full amount from you up front and handle the payments to the lodging Supplier. Amounts displayed in the “Taxes & Fees” line for lodging transactions consist of the amount that we expect the relevant supplier to bill us for any applicable taxes, governmental fees, and other charges, as outlined above plus an additional processing service fee that we retain as described below. With respect to hotel and vacation rental Products, the rates offered on this Website are special low rates for pre-paid reservations. Please note that incidentals such as valet, parking, resort fees, room service, energy fees, etc. will be charged directly by the Supplier. You should confirm the existence of any such fees directly with the Supplier.

(d)

Additional Information.

If applicable, information regarding taxes, governmental fees and other charges on any travel-related transactions not discussed above will be calculated and displayed to you prior to check-out. Also, remember that you may incur other charges while traveling that are not payable to us and are not included in the quoted price, such as hotel extra-person or extra-bed charges, resort fees, gratuities, parking fees, telephone fees, room service, movies, mini-bar, or rental car insurance, gasoline, and other incidentals.

(e)

Shipping Fees.

Some product transactions require the delivery form of shipping. Certain packages may be required to be shipped by UPS to ensure delivery. The shipping fees are standard fees that are delegated to us by our service providers. If you are responsible for any shipping or delivery fees, they will be calculated and displayed to you prior to check-out.

(f)

Miscellaneous Other Fees.

Some ticket transactions may be available for electronic ticket delivery and various payment options may be available based on supplier availability. Various service fees and/or restrictions may be applicable. This information will be displayed prior to all purchases and additional delivery options are for your convenience. Certain service fees are charged for processing your ticket orders and travel reservations through our system. These are often bundled into the Taxes and Fees section in order to maintain the opaque nature of the “prepaid” rate, as required by our contracts with our Suppliers. This means that, because in many cases we offer exclusive promotions or special discounts, our Suppliers do not want their product to be discounted without noting the taxes and fees separately.

6. Refunds and Exchanges; Fees.

Before making a purchase on the Website, carefully review your event and seat selection, or other information pertinent to your purchase, as may be applicable. Policies set forth by Suppliers, including but not limited to venues, generally prohibit us from issuing exchanges or refunds after a ticket has been purchased or for any lost, stolen, damaged or destroyed tickets. As such, there are no refunds, cancellations, or changes after an order has been placed under any circumstances, except as explicitly permitted herein or as we may otherwise permit in our sole and absolute discretion. Unless otherwise stated herein, changes, cancellations, and refunds, if permitted for the transaction, may carry a fee of 10% of your total order price. We may occasionally offer tickets at a discount after the original on-sale date and will not refund the difference between the original price and the sale price. We will provide you with a full refund for any purchase of a show or event with a specific time and date, if any such show or event is cancelled by the Supplier. For the avoidance of any doubt, a show or event is not cancelled if it is postponed and/or rescheduled.

With respect to hotel products, the rates offered on this Website are rates for pre-paid reservations. Your credit card will be charged the full amount immediately and the total price includes all tax charges and service fees. Hotel cancellations or changes can be made in accordance with the terms and conditions supplied by the applicable Supplier at the time of purchase, or unless otherwise permitted by us in our sole and absolute discretion. In addition to any cancellation or change fee that may imposed by the Supplier, we may impose a $25 cancellation or change fee per room in our sole and absolute discretion. However, please note that for any reservations associated with room type offers explicitly stating “Non-refundable”, the standard cancellation policy is not applicable, and these room type offers cannot be cancelled by you or refunded under any circumstances. Unused rooms and “No-Shows” are Non-Refundable. Arrivals made on the check-in date are considered “no-shows” if you arrive after 11:59pm Eastern Standard Time. Please note that hotels that are also casinos require the guest checking in to be 21 years of age or older. By purchasing any such hotel that is also a casino, you represent and warrant to us that you are at least 21 years of age. For any questions please contact our Customer Service through the toll-free number provided on the Website.

You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner regarding Products you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by our Suppliers, and that you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase Products from this Website. Should you do so, your purchase may be cancelled or inactivated, and we may, in our sole and absolute discretion, (a) refuse to honor pending and future purchases made from all credit card accounts or online accounts on which such chargebacks have been made, (b) prohibit all users in whose name the credit card accounts or online accounts on which such chargebacks have been made, and (c) prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Website.

If a purchase is made using a credit card, and these terms and conditions or applicable laws require a cash refund, such refund will be issued using the same method of payment that was used for the purchase. However, in the event we allow a return for reasons not otherwise expressly required by these terms and conditions or applicable laws, we may issue a refund in the form of a credit through a credit voucher or Member Deals-branded gift card or gift certificate.

We will not be liable for travel or other expenses that you or anyone else incurs in connection with a cancelled or postponed event.

7. Hotel-Specific Terms & Conditions; Best Rate Guarantee.

We use a variety of hotel Suppliers in our effort to source the best accommodations, prices and availability of hotel reservations. Our hotel rates are only available through our Website and Customer Service, and cannot be obtained by calling the hotel directly. We are able to offer special hotel rates in many cases because our program is a private, member-based program. As such, all hotel reservations made through us, including Exclusive and Special Rates, may not be used to challenge a hotel’s Best Rate Guarantee, and are excluded from any such claims.

Member Deals offers a Best Rate Guarantee based on a Qualifying Rate, described below.

A “Qualifying Rate” (a) applies only to hotel room rates available on public websites for businesses based in the United States, (b) does not include any guest fees, service fees, resort fees, taxes, surcharges, tariffs or other hotel-related charges, and (c) applies only to in-kind hotel bookings (i.e., for the same hotel, same room type, same travel date(s), same room type, same rate type, and for the same number of guests). Member Deals’s “Qualifying Rate” does not apply (a) to rates when they are combined as a package which includes other products or services, (b) to any rates that are offered due to errors or mistakes, (c) to any corporate discounts, reward programs, convention rates, meeting rates, interline rates or hotel promotions, nor (d) to rates offered where the property, company, itinerary or similar booking details are opaque or unknown until after the purchase, or where rates are determined by any sort of auction or bidding.

In the event a booking is subject to Member Deals’s Best Rate Guarantee and you find a rate that is less than the hotel room rate charged by Member Deals, Member Deals will refund you the difference between the amount paid on Member Deals and the lower rate available elsewhere; provided, however, that the maximum refund shall not exceed $150.00; and further provided that in the case that the maximum refund exceeds the original purchase rate, the original purchase rate will be refunded. Should you find a lower available rate that is covered under Member Deals’s Best Rate Guarantee, you must notify Member Deals within 24 hours after your booking with us. Your notification must be in the form of an email and sent to customerservice@memberdeals.com. Your claim request must include the confirmation number, hotel name, travel check-in date and travel check-out date, number of rooms, number of guests, and the hotel website URL in which you are claiming to have a better rate. Please confirm the URL is correct and active. An active link must prove availability of all claims. Claims will not be evaluated or processed if only screenshots are provided. All requests and required documentation are subject to verification by Member Deals.

Each customer shall be limited to three Best Rate Guarantee claims per month, regardless of the number of accounts used by the customer.

8. Preferred Access Ticket-Specific Terms & Conditions.

You acknowledge that Third-Party Resellers may participate in the practice of reselling tickets (i.e., obtaining tickets from Suppliers on the primary market or from resellers with the intent to resell such tickets in a secondary market); and that such tickets are typically sold by Third-Party Resellers at a price that may be either higher or lower than the “face value” listed on the ticket (each a “Preferred Access Ticket”). By purchasing Preferred Access Tickets through the Website, you agree that the purchase price for Preferred Access Tickets may not reflect the original “face value” of the ticket.

As a marketplace: We do not own the Preferred Access Tickets advertised on the Website; we do not set the prices for the Preferred Access Tickets advertised on the Website; we do not have control over the Third-Party Resellers or their business practices; and, with respect to the Preferred Access Tickets, we are not acting as a primary sale box office or operating agent for the Suppliers.

You are responsible for reading the complete listing before making a purchase. We do not guarantee the accuracy of any information provided by Third-Party Resellers. We will collect your payment for any purchases, ensure that the applicable Third-Party Reseller is paid for the Preferred Access Ticket, and ensure that you receive the purchased Preferred Access Tickets in accordance with the terms and conditions contained herein. You cannot change or cancel your purchase at any time or for any reason, except as explicitly described herein.

We may charge service, shipping, delivery, fulfillment or other fees for Preferred Access Tickets purchased through the Website (the “Preferred Access Ticket Fees”). The Preferred Access Ticket Fees will be explained to you prior to your purchase. We reserve the right to change the Preferred Access Ticket Fees at any time, in our sole discretion. The Preferred Access Ticket Fees may not be refundable except as explicitly described herein or required by law. We reserve the right to change the delivery method, at its sole discretion, to ensure delivery prior to the scheduled event – you will not be charged for any additional delivery fees.

Order Confirmation; Processing.

Immediately after you place an order for Preferred Access Tickets, we will send you an email confirming that we have received your order (the “Confirmation Email”) and we will begin the process of securing your tickets. Once we have secured your tickets, you will receive a second email that will confirm that we have secured your tickets and that will either provide you with your tickets or explain how you may receive or obtain your tickets (the “Ticket Delivery Email”). For example, and depending on the ticket purchased or fulfillment method selected, we may either send you electronic or physical tickets directly, arrange for a third-party to deliver your tickets, provide you access to your tickets through a third-party’s “electronic wallet or account”, or you may be required to pick-up your tickets at the Supplier’s Will Call office or from the Third-Party Reseller. If access to tickets is being provided through a third party’s electronic wallet or account, you may be provided with the option of accepting or declining the ticket delivery. Tickets are non-refundable and, as such, declining or otherwise failing to accept the delivery of the tickets DOES NOT cancel the purchase and WILL NOT result in a refund of the purchase. If you place an order and do not receive a Confirmation Email or Ticket Delivery Email, or if you decline or fail to accept the delivery of your tickets, you are responsible for calling our Customer Service to resolve any issues. Your order may be finalized even if you do not receive a Confirmation Email or Ticket Delivery Email. You should NEVER assume the status of your order because you have not been contacted by us. Orders may not be cancelled due to problems with your receipt of emails.

Preferred Access Ticket Availability.

All orders are subject to availability. Occasionally tickets ordered may no longer be available at the price or in the quantity originally ordered at the time the order is received. We reserve the right to replace tickets with comparable or better tickets if the originally ordered tickets are no longer available. If no alternates are available, either your credit card will not be charged at all or the entire amount charged will be refunded, and you will be notified of any such determination. We reserve the right to cancel your order and provide you with a full refund (including any Preferred Access Ticket Fees) at any time for any reason, prior to the scheduled event.

Event Cancellation, Postponement, and other Event Changes.

Should an event be cancelled (and not rescheduled), or should a contingent event (e.g., a playoff game) not occur, you will receive a full refund (including any Preferred Access Ticket Fees) for your purchase.

Should an event be postponed and/or rescheduled, we will cooperate with you to resolve any issues; including, but not limited to, coordinating the delivery of any additional documentation that you may need in order to attend the rescheduled event; provided, however, that we reserve the right to cancel any orders and provide you with a full refund (including any Preferred Access Ticket Fees) if new tickets are required. Refunds may not be issued for postponed events unless they are ultimately cancelled.

We are not responsible for partial performances, or venue, line-up, date or time changes. Refunds may not be issued in such circumstances.

Preferred Access Ticket Promise.

We promise that:

You will receive your Preferred Access Tickets before the scheduled event;

Your Preferred Access Tickets will be genuine and valid for entry to the event;

You will receive the Preferred Access Tickets you ordered, or comparable or better tickets will be substituted; and

If the event is cancelled and not rescheduled, you will receive a full refund.

If you do not receive the Preferred Access Tickets before the scheduled event, please notify us as soon as possible. You are responsible for notifying us prior to the scheduled event. Should you fail to notify us prior to the scheduled event, you may not be eligible for a refund based on non-delivery of tickets. Upon such notification, we will, in our sole discretion, attempt to locate and facilitate delivery of your tickets, provide you with comparable or better replacement tickets at no additional cost, or issue you a full refund (including any Preferred Access Ticket Fees).

If you receive tickets that are not the same, comparable or better than the ones you ordered, please notify us within 48 hours of your receipt of the tickets. Should you fail to notify us within 48 hours of your receipt of the tickets, you may not be eligible for a refund based on the accuracy of the tickets. Upon verification by us, and depending on when you notify us, we may do any of the following in its sole discretion: provide you with comparable or better replacement tickets, or issue you a full refund (including any Preferred Access Ticket Fees). We may require that you return the tickets you received in order to obtain a refund, and in such event: tickets must be returned within fourteen days; tickets must be returned via personal delivery, certified mail or using a carrier that can provide you with proof of delivery; and the tickets must be returned to the following address:

Member Deals

19495 Biscayne Boulevard, Suite 300

Aventura, FL 33180

Attn: Fulfillment Department

As used herein “comparable or better” replacement tickets are determined by us in our sole but reasonable discretion, based on cost, quality, availability, and other factors. However, if you initially ordered your seats next to each other, “comparable or better” tickets will keep your seats together.

In no event shall we provide an exchange or refund for any Preferred Access Tickets that are lost, stolen, damaged or destroyed, through no fault of our own. Once delivered, you are solely responsible for ensuring the accuracy and security of the Preferred Access Tickets. No exchanges or refunds shall be provided in the event you fail to comply with the terms and conditions contained herein. The terms and conditions contained herein this Section 8 (Preferred Access Ticket-Specific Terms & Conditions) shall not apply to any product or service purchased on the Website that is not a Preferred Access Ticket, including but not limited to any hotel booking, or any discount or special offer product or service.

9. Car Rental-Specific Terms and Conditions.

(a) Making a Booking.

We may offer you four types of payment options for booking vehicle rentals (hereinafter, “Transportation”). The payment option available to you when making a booking may depend upon your location and Transportation Suppliers’ requirements. The four payment options are as follows, which will be clearly displayed upon checkout:

 

1. You pay a booking deposit at the time of making your booking and you pay the balance to the Transportation Supplier on arrival at the Transportation Supplier’s desk prior to use of the Transportation;

 

1. You pay a booking deposit at the time of making your booking and the balance is paid in advance of your arrival at the Transportation Supplier’s desk;

 

iii. You pay the entire cost of the Transportation at the time of making your booking and, in the case of car hire, you only pay for fuel (petrol/diesel) and optional extras on arrival at the Transportation Supplier’s desk; or

 

1. You pay nothing at the time of making your booking. You will pay the Transportation Supplier the entire cost of the Transportation on arrival to the Transportation Supplier’s desk prior to use of the Transportation.

 

Please note that where you have not made a payment at the time of making your booking you are solely responsible for making all outstanding payments due to the Transportation Supplier as and when they become due.

 

You will be informed of any upfront payment required prior to completing your booking. For the avoidance of doubt, the price of any “optional extras” (including, but not limited to, child seats, GPS devices, highway toll transponders, or additional drivers) requested by you when making your booking will not be charged to you at the time of making the booking. Payment of “optional extras” must be made directly to the Transportation Supplier on arrival at the Transportation Supplier’s desk before pick-up and use of the Transportation. Please note that we cannot guarantee the availability or price of any “optional extras” requested.

 

At all times, you are responsible for payment of any additional services or “optional extras” that you request, and any additional applicable charges including, but not limited, to tolls and fuel charges; and you are responsible for any service or administration charges applied by the relevant Transportation Supplier.

 

If you need to make any amendments to your booking, you must either communicate this through one of the communication methods listed on your Voucher or confirmation email, or via the communication methods listed on our website, clearly informing us of the exact details. We cannot guarantee that amendments can be processed; however, every effort will be made to reach a satisfactory outcome. Amendments cannot be processed after pick-up or use of, or failure to pick-up or use, your Transportation from the Transportation Supplier. For car hire, we are unable to offer you a refund if you end your hire early. In the event that you require an extension of your car hire period after the pick-up of your hired car (dates not covered by the car hire voucher), you must pay any additional costs incurred directly to the Transportation Supplier at the local rental rates prevailing at that time, if the car is available for the additional time requested. On making a booking, it is your responsibility to inform the Transportation Supplier, if necessary, of any physical or mental condition relevant to your ability to operate or use the Transportation. In the event of an accident, you may not be able to claim under any relevant insurance policy if you fail to inform the Transportation Supplier of such conditions.

 

IN THE EVENT OF A FAILURE TO PRESENT THE REQUIRED DOCUMENTS AND CREDIT CARD, THE TRANSPORTATION SUPPLIER MAY REFUSE TO RELEASE THE CAR AND NO REFUND WILL BE GIVEN.

 

FOR CAR HIRE, ON THE PICK-UP OF YOUR CAR, YOU WILL BE REQUIRED TO PRESENT (I) A FULL DRIVING LICENSE FROM YOUR COUNTRY OF ORIGIN (BOTH PARTS IN THE CASE OF A LICENSE ISSUED IN THE UNITED KINGDOM WHICH IS ISSUED IN TWO PARTS), (II) YOUR VALID PASSPORT AND A VALID CREDIT CARD IN THE NAME OF THE PERSON LISTED AS THE MAIN DRIVER ON THE BOOKING WITH SUFFICIENT AVAILABLE FUNDS TO COVER THE EXCESS ON ANY INSURANCE POLICY RELATED TO THE CAR HIRE (AS APPLICABLE), AND (III) A PRINTED COPY OF YOUR VOUCHER. PLEASE REVIEW YOUR TRANSPORTATION BOOKING CONDITIONS FOR ANY FURTHER AND/OR ALTERNATIVE REQUIREMENTS OF THE TRANSPORTATION SUPPLIER OR LOCAL LAW. FOR EXAMPLE, IN THE UNITED KINGDOM PROOF OF ADDRESS MAY ALSO BE REQUIRED.

 

If you make a booking but do not pick-up or use the Transportation (and have not cancelled such booking in accordance with the cancellation policy set out below), or return your Transportation early, no refund will be given.

 

Please be advised that, if you expect to arrive late to pick-up or avail yourself of the booked Transportation, it is your responsibility to contact and inform the Transportation Supplier.

 

In the event of a flight or other cancellation or delay that affects your ability to pick-up or use the Transportation, we will not be responsible for providing any refunds to you.

 

(b) Confirmation of Booking.

 

Once your booking has been confirmed, we will issue you with your Transportation voucher (“Voucher”) via e-mail on behalf of the Transportation Supplier, which includes the details of your booking and must be printed and presented to the Transportation Supplier at the time of pick-up or use of the Transportation. If you do not receive your Voucher, please contact us immediately. The Voucher does not include details of the service charge or taxes charged by the Transportation Supplier or additional services requested by you at the time of pick-up or use of the Transportation, and it is not an invoice. We recommend that you carefully check the details contained in the Voucher (e.g. country, location, date, and period of time for which the Transportation has been booked). If there are any discrepancies, you should immediately communicate such discrepancies either through one of the communication methods listed on your Voucher or via the communication methods listed on our website, clearly informing us of the exact details of such discrepancies. You will need to print a copy of your Voucher and present it to the Transportation Supplier prior to pick-up or use of the Transportation. We strongly encourage you to read the Transportation booking conditions detailed in the Voucher to which your booking will be subject. The Transportation booking conditions are also available prior to booking but may be changed by the Transportation Supplier from time to time.

 

The booking number included on the Voucher should be quoted for all enquiries, cancellations, or modifications of the booking.

 

(c) Cancellations.

 

If you wish to cancel a booking, you may do so through one of the communication methods listed on your Voucher or via the communication methods listed on our website, in advance of the time of pick-up or use of the Transportation. Do not cancel your booking directly with the Transportation Supplier, as additional fees may apply. Please see the Transportation booking conditions for details on the cancellation policy, any handling/administration charges, and any special conditions that may apply to your booking.

 

Save as otherwise set out in this section, where we receive a cancellation notice more than 48 hours before the scheduled time of pick-up or use of the Transportation, a full refund of the amount paid will, in general, be granted. In respect of car hire bookings, where we receive a cancellation notice less than 48 hours before the scheduled time of pick-up or use of the car hire, you will, where the amount already paid for the booking exceeds $61, receive a refund of the amount paid minus a $61 administration charge. In respect of ground Transportation bookings, where we receive a cancellation notice less than 48 hours before the scheduled time of pick-up or use of the ground transportation, no refund will be paid. Please note that the cancellation policy set out in this paragraph, is subject to the Transportation Supplier’s cancellation policy contained in any Transportation booking conditions applicable to your booking. Please consult your Transportation booking conditions for any variation from the cancellation policy set out in this paragraph which may include, but is not limited to, a variation in the (i) cancellation notice period required, or (ii) amount of any applicable administration charge. In the event of a cancellation of a booking when the entire Transportation fee is payable on arrival, there is no charge for a cancellation.

 

Please note that no cancellations or refunds may be available in respect of certain types of Transportation including, but not limited, coach, bus, or train. Please review the cancellation and refund policy of the relevant Transportation Supplier contained in the Transportation booking conditions for full details of such policies.

 

It is your responsibility to ensure and arrange cancellation of any ancillary product or service that you may have purchased in conjunction with your Transportation booking. This includes, but is not limited to, products such as No Excess Insurance or Trip Insurance coverage provided by third parties.

 

In the event that you cancel or amend a credit or debit card booking, we will not be liable for any monetary losses suffered by you as a result of a change in monetary exchange rates between the time of your original booking and its subsequent cancellation or amendment. No cancellation is permitted after the scheduled date and time of pick-up or use of the Transportation.

 

10. Cruise-Specific Terms and Conditions.

 

(a) General.

 

Cruise prices are in U.S. Dollars and are per person, double occupancy, and do not include U.S. government fees, taxes, port expenses or airfare unless otherwise noted. Cruise lines reserve the right to add a fuel supplement at any time prior to departure; possible fuel supplements are not included in cruise prices advertised online and, if instated, payment would be due to the cruise line before departure. Member Deals-branded gift cards or reward certificates may not be used towards cruise Products.

 

All offers and upgrades are only for new individual bookings for selected dates, sailings, and stateroom categories only, are subject to availability, and are limited. Additional restrictions may apply. All prices, offers, and dates may not be available at time of booking. All information is subject to change without notice.

 

Some cruise lines may require you to sign their liability waiver prior to your utilization of their services

 

Passengers receiving special rates based on residency or age will be required to show a government-issued form of identification at the pier to validate state of residency or age prior to boarding the cruise ship. Minimum age requirements may apply.

 

(b) Best Rate Guarantee.

 

A qualifying rate applies to rates available to the general public in the United States offered by the cruise line directly. It does not apply to interline, non-refundable, group, member, casino, or any restricted fares. The guarantee only applies to the cost of the cruise. Shipboard credit, transfers, shore excursions, packages or additional value add offers are not eligible. Best Rate Guarantee applies to bookings prior to final payment. If the cruise line has availability on the same sailing and category for less prior to the final payment date, please contact customerservice@memberdeals.com and the price will be matched.

 

(c) Onboard Credit.

 

Up to $1,500 onboard credit is available for Carnival, Celebrity, Norwegian, Princess, and Royal Caribbean cruises. The onboard credit amount is based on the cruise fare not including port charges, fees, and taxes. The exact dollar amount of the stateroom onboard credit provided with this offer will be displayed after selecting a particular stateroom category.

 

Up to $1,000 onboard credit is available for Viking Cruises. The onboard credit amount is $150 per person for any sailing up to seven nights, $300 per person for any sailings between eight and fourteen nights, or $500 per person for any sailings 15+ nights.

 

Any onboard credit will appear in the guest’s onboard account on the day of embarkation. The onboard credit has no cash value for any unused portions, is non-transferable, and is not valid for cancelled or rebooked cruises.

 

(d) Cancellations and Refunds.

 

Cancellation policies vary by cruise line, fare code, and length of sailing. Refunds on eligible cancelled bookings will be made directly by the cruise line.

 

(e) Health Protocols and Advisories.

 

Each cruise line has specific health and safety requirements you must meet to travel. This may include a mandatory pre-boarding health screening, requiring all adult guests who are traveling on specific ships and/or destinations be fully vaccinated against COVID-19 and/or proof of negative SARS-CoV-2 RT-PCR test result (in addition to proof of vaccination). Requirements for guests under the age of 18 vary by cruise line.

 

Health and safety protocols are continually being evaluated and updated as public health standards evolve. Cruise lines reserve the right to make changes to their health and safety requirements at any time. It is your responsibility to review and understand the latest requirements as they are updated by the cruise line. By making your final payment, you acknowledge and agree to meet the cruise line’s health requirements at the time of your cruise. Make sure to check at least 60 days prior to sailing to for more information on the latest health requirements by cruise line, ship, and destination.

 

Cruise lines may deny boarding to anyone who has not met the latest health requirements as determined by the cruise line at the time of sailing. In addition, any guests who are exhibiting symptoms of communicable diseases including COVID-19 or whose health screening results show they may have contracted such diseases may not be able to cruise. Boarding may also be denied to those whom they deem to be in close contact, or in the traveling party of, any guest exhibiting symptoms of communicable disease, including some or all of that guest’s traveling party.

 

NOTICE: The U.S. Centers for Disease Control and Prevention publishes travel advice, warnings, and recommendations related to COVID-19, including for travel on cruise ships, which you should consult at the CDC’s website at www.cdc.gov/travel/notices before confirming a reservation. If a certain threshold level of COVID-19 is detected onboard the ship during your voyage, the voyage will end, the ship will return to the port of embarkation, and your subsequent travel, including your return home, may be restricted or delayed. Due to evolving health protocols, imagery, and messaging may not accurately reflect onboard and destination experiences, offerings, features, or itineraries. These may not be available during your voyage, may vary by ship and destination, and may be subject to change without notice.

 

11. Flight and Vacation Package-Specific Terms and Conditions.

 

Member Deals-branded gift cards or reward certificates may not be used towards flights, vacation package, or any other Products sold through TripPlanet.

 

12. Shipping Policy.

 

In addition to offering electronic delivery for many products and services, we offer a variety of shipping options to meet your shipping needs, as further set forth on the Checkout page of our Website. Please check the Checkout page for specific delivery options. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.

 

Please note the posted shipping time frame is listed on the Checkout page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.

 

These shipping terms are accepted by you by placing an order with us.

 

13. Advertising Disclaimer and Trademarks

 

The descriptions of products and services that are posted on our Website are the representations of our Suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.

 

In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our Suppliers, we shall have the right to refuse or cancel any orders placed for Products 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 card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.

 

All trademarks and registered trademarks relating to Products available through our Website are the sole property of their respective owners.

 

14. Disclaimer and Limitation of Liability

 

Our responsibility for defects relating to the Products available on our Website is limited to the procedures described in our return policy set forth herein. ALL PRODUCTS AVAILABLE ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE.

 

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE, OR OUR PARENT, SUBSIDIARIES, RELATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS WEBSITE. NO EMPLOYEE OR REPRESENTATIVE OF MEMBER DEALS IS AUTHORIZED TO MODIFY THIS LIMITATION.

 

YOU HEREBY ASSUME ALL RISKS AND DANGER INCIDENTAL TO THE PRODUCT FOR WHICH THE TICKET OR VOUCHER IS ISSUED, WHETHER OCCURRING BEFORE, DURING, OR AFTER THE EVENT OR USE OF THE PRODUCT. YOU HEREBY WAIVE ANY CLAIMS FOR PERSONAL INJURY OR DEATH AGAINST MEMBER DEALS OR ITS RELATED COMPANIES ON BEHALF OF YOURSELF AND ANY ACCOMPANYING MINOR. SHOULD YOU PLACE AN ORDER ON ANY OTHER INDIVIDUAL’S BEHALF, YOU AGREE TO INFORM ANY SUCH INDIVIDUAL OF THE LIMITATIONS ON LIABILITY CONTAINED IN THIS AGREEMENT, AND ANY USE BY ANY SUCH INDIVIDUAL OF ANY TICKET OR VOUCHER SHALL BE DEEMED AN ACCEPTANCE OF THESE TERMS AND CONDITIONS.

 

OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE SUPPLIERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR WEBSITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT YOU HAVE ORDERED THROUGH OUR WEBSITE.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS.

 

15. Ticket-Holder Behavior Policy; Ejection and Cancellation.

 

Venues reserve the right to refuse admission to or eject any person whose conduct such venue’s management deems disorderly, who uses profane, vulgar, or abusive language, or who fails to comply with the venue’s rules or policies. In any such event, you shall not be eligible for (and we shall not be obligated to issue you) a refund for any such purchase; and we shall not be liable for any incidental or consequential expenses incurred by you.

 

Notwithstanding anything herein to the contrary, no refund shall be provided to you in the event you violate the Terms of Use or the Terms of Sale of this Website, or in the event you fail to abide by all rules and policies related to the venue where the event is located, which violation or failure results in your inability to gain admittance to the venue or ejection from the venue.

 

In the event your ejection from a venue results in the loss of a Third-Party Reseller’s right to use any other season tickets at that venue, or the right to purchase other tickets from that venue, you shall be liable for all costs, expenses and losses associated with such Third-Party Reseller’s loss, including but not limited to all direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to lost profits; and you shall indemnify, defend and hold us, and our parent companies, subsidiaries and affiliated companies, and each of their direct and indirect owners, officers, directors, employees, agents and insurers, harmless for the same.

 

16. Warranty and Return Policy.

 

Most of the Products available through our Website are covered under the Supplier’s warranty, which may be detailed in the Product’s description or on the Supplier’s website. If you have any questions regarding warranties in connection with any Supplier’s Products, you are strongly encouraged to contact such Supplier to determine if the warranty of such Product is acceptable to you. If applicable, such warranties apply from the date of order. You understand that we do not operate or control the Products offered by the Suppliers participating on our Website, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any Supplier to fulfill its obligations to you.

 

17. Privacy and Customer Information.

 

We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information from or about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy on this Website for further details.

 

18. Force Majeure.

 

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Products available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either us or you, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

19. Entire Agreement.

 

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended using any other documents. Any attempt to alter, supplement or amend this document or to enter an order for Products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a formal written agreement signed by you and us. Except as expressly stated herein, to the extent that anything in or associated with the Website is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

 

20. Enforceability and Severability.

 

The invalidity or unenforceability of any terms or conditions hereof will in no way affect the validity or enforceability of any other term or provision. If any part of the terms and conditions hereof are determined to be invalid, unenforceable, or contrary to law or professional ethics, that part will be reformed, if possible, to conform to law and ethics and all other parts of these terms and conditions will remain fully effective.

Last Updated: 5/25/2023

Terms of Use

 

1. User’s Acknowledgment and Acceptance.

 

Entertainment Benefits Group, LLC d/b/a Member Deals and Maxwell’s Club (referred to as “us”, “we” or “our”) provides the website www.memberdeals.com, www.maxwells.club and various related services (together referred to as this “Website”) subject to your compliance with all the terms, conditions and notices contained or referenced herein (collectively, these “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this Website, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to the terms and conditions contained in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use, including but not limited to the Terms of Sale and our Privacy Policy.

 

BY REGISTERING AN ACCOUNT, PLACING AN ORDER AND/OR OTHERWISE USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, UNLESS OTHERWISE SET FORTH IN THE WEBSITE’S TERMS AND CONDITIONS, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.

 

These Terms of Use are effective as of the date described at the bottom of these terms and conditions. We reserve the right to change these Terms of Use from time-to-time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Website after such modifications will constitute your acknowledgment of the modified Terms of Use and your agreement to abide and be bound by the modified Terms of Use.

 

As used in these Terms of Use, references to a “Related Company” or “Related Companies” include our direct or indirect owners, subsidiaries, and affiliated companies. “Affiliated companies” refers to entities that control, are controlled by, or are under common control with Member Deals. You may be reaching this Website through the URL first mentioned above or through a co-branded, white-label, or marketing affiliate program (each a “Marketing Affiliate”). However, Marketing Affiliates, and their respective websites, products and/or services, are not under our ownership, operation, or control. Marketing Affiliates are independent contractors. Marketing Affiliates operate their respective websites and businesses subject to different security protocols, privacy policies, and terms and conditions than the ones found on this Website. Links from Marketing Affiliates do not constitute an endorsement by us of the content of their websites nor of their business practices. We are not responsible for examining or evaluating, and we do not warrant or claim responsibility in any way for, the products, services, offerings, or business practices of any Marketing Affiliates, or the content of their websites.

 

2. Description of Services.

 

We make various services available on this Website including, but not limited to, the ability to create a user account and/or learn about and/or purchase tickets for a third-party’s events, attractions, tours, car rentals, flights, cruises, or lodging. Fees for the various services are described elsewhere in these Terms of Use or this Website. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem, and your own Internet access (including payment of telephone or internet service fees associated with such access). We do not agree to act as a fiduciary in providing any services in connection with this Website.

 

We reserve the sole right to either modify or discontinue the Website, including any features thereon, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the product or service offerings or pricing. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Use.

 

You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access while using this Website; and, therefore, delays or disruption of other network transmissions are completely beyond our control.

 

You understand and agree that the services available on this Website, including but not limited to any editorial services or your ability to create a user account, are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

 

3. Registration Data and Privacy.

 

This Website is only available for members or employees of participating and active member-based organizations or corporate clients, respectively. If at any time we determine you are not a member or employee of a participating and active member-based organizations or corporate client, respectively, we may suspend or terminate your account without notice.] In order to access all of the services available through this Website, you will require an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”); provided, however, that if you access this Website through one of our Marketing Affiliate’s websites, if you have already logged in on the Marketing Affiliate’s website, you may not be required to have a separate account and password for this Website. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required to keep it current, complete, and accurate.

 

The information we obtain through your use of this Website, including but not limited to your Registration Data, is subject to our Privacy Policy.

 

4. Payment of Fees.

 

If you purchase a product or service on this Website that requires payment of a fee, you agree to pay all such fees. For all charges for products or services on this Website, we will bill your credit or debit card, or other specific form of payment, as provided by you at the time of checkout. You agree to provide us with accurate and complete billing information, including valid credit or debit card information, your name, address, and telephone number, and to provide us with any changes in such information.

 

If, for any reason, your credit or debit card company refuses to pay the amount billed for the product or service, you agree that we may, at our option, suspend, cancel, or terminate the product or service purchased.

 

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

 

5. Conduct on Website.

 

Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Website. By posting information in or otherwise submitting any form that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:

 

(a)

 

Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

 

(b)

 

Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

 

(c)

 

Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

 

(d)

 

Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

 

(e)

 

Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

 

(f)

 

Impersonates any person or entity, including but not limited to any of our employees or representatives.

 

Furthermore, you agree not to use any robot, spider, scraper, or other automated means to access the website for any purpose without our express written consent; and not to take any action that imposes (to be determined in our sole discretion) an unreasonable or disproportionally large load on our infrastructure, or that otherwise interferes with the functionality of the Website.

 

We neither endorse nor assume any liability or responsibility for the contents of any material uploaded or submitted by third-party users of the Website. We generally do not pre-screen, monitor, or edit the content submitted by users on or through this Website. However, we and our agents have the right in our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal. See the section titled “User Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity.

 

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else’s use and enjoyment of the Website or other similar services. Users who violate systems or network security may incur criminal or civil liability.

 

You acknowledge and agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 

6. Third Party Content.

 

This Website may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other persons or entities (collectively, “Third-Party Content”). Third-Party Content may contain information or material that some people may find inappropriate or offensive. Third-Party Content and their owners or operators are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the Third-Party Content, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Third-Party Content by us, or any warranty of any kind, either express or implied.

 

7. Intellectual Property Information.

 

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material that can be viewed by users on our Website.

 

By accepting these Terms of Use, you acknowledge and agree that all un-disclaimed content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is our sole property or the property of our Related Companies. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a copies made for your personal viewing and reference use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means, commercial or otherwise, without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

Neither we nor our Related Companies represent or warrant that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See the section titled “User Materials” below for a description of the procedures to be followed in the event you believe that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity.

 

Unless otherwise specified elsewhere on the Website, all custom graphics, icons, logos and service names are trademarks, trademarks or service marks belong to us or our Related Companies. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of us or our Related Companies.

 

8. User Materials.

 

Subject to our Privacy Policy, any communication or material that you transmit to this Website or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. Except to the extent prohibited by applicable laws, and subject to our Privacy Policy, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

 

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise to protect such information. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

 

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Website believes its copyright, trademark or other property rights have been infringed by a posting on this Website, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

 

(a)

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

(b)

 

Identification of the copyrighted work claimed to have been infringed;

 

(c)

 

Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

 

(d)

 

Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

 

(e)

 

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

 

(f)

 

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

 

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received may be terminated.

 

Designated Agent for Claimed Copyright Infringement:

 

Member Deals

Attn: Copyright and Compliance, Legal Department

19495 Biscayne Boulevard, Suite 300

Aventura, FL 33180

 

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other person or entity and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

 

9. Product-Specific Terms and Conditions

 

(a)

 

Hotel & Vacation Rentals.

 

Our hotel and vacation rental rates are only available through our Website and Customer Service and cannot be obtained by calling the Supplier directly. We can offer special lodging rates in many cases because our program is a private, member-based program. As such, all hotel or vacation rental reservations made through us, including Exclusive and Special Rates, may not be used to challenge a Suppliers’ Best Rate Guarantee, and are excluded from any such claims.

 

(b)

 

Third-Party Sellers; Shopping Deals.

 

A number of third-party shopping deals are accessible through the Shopping Deals page of the Website, and we provide access to many international products or services throughout our Website. These goods or services are available through third-party sellers (collectively, “Third-Party Sellers”). Third-Party Sellers, and their respective websites, products, and/or services are not under our ownership, operation, or control. Third-Party Sellers operate their respective websites and businesses subject to different security protocols, privacy policies, and terms and conditions than the ones found on this Website. Links to Third-Party Sellers are provided solely as a convenience to you, and do not constitute an endorsement by us of the content of their websites or of their business practices, except that we may receive a payment from the Third-Party Sellers to advertise their goods or services on our Website or a commission based on your subsequent purchases. We are not responsible for examining or evaluating, and we do not warrant or claim responsibility in any way for, the goods, services, offerings, or business practices of any of these businesses, or the content of their websites. You should carefully review each Third-Party Sellers privacy statements and other conditions of use or sale.

 

All goods and services purchased through a Third-Party Seller will be fulfilled directly by the Third-Party Seller. We will not be responsible to you for the goods or services purchased through the Third-Party Seller, nor the billing, credit card processing, fulfillment, or customer service. Purchases through any Third-Party Sellers may not be combined with any order made on this Website, and you may not use any gift or reward card or certificate branded for this Website towards any purchase made on a Third-Party Sellers’ website.

 

Offers are subject to change by the Third-Party Sellers without notice, and we will not be responsible for any out-of-date or erroneous advertisements.

 

(c)

 

International Products and Travel.

 

To minimize any potential risks or disruptions, you should review any travel warnings or advice issued by the relevant governments before you book international travel, and you should monitor such travel warnings or advice during travel and before your return journey.

 

Recommended inoculations and vaccinations may change at any time. Please check current recommendations from the relevant government agencies and consult with your doctor on any recommendations before you travel. You are responsible for ensuring you: (i) meet all health entry requirements, (ii) receive the recommended inoculations or vaccinations, (iii) take all recommended medication, and (iv) follow all medical advice in relation to your travel.

 

You must consult the relevant travel provider, embassy, or consulate for any passport, visa, or any other information or requirements. Requirements may change so check for up-to-date information before booking and departure and allow sufficient time for all relevant applications. We shall not be liable if you are refused entry onto a flight or into any country due to your conduct, including your failure to carry the correct and adequate travel documents. This includes all stops made by an aircraft, even if you do not leave the aircraft or airport.

 

Although most travel occurs without incident, travel to certain destinations may involve more risk than others. We do not represent or warrant that travel to international destinations is advisable or without risk and we shall not be liable for damages or losses that may result from your travel to such destinations.

 

In connection with the International Products on our Website, our Best Price Guarantee means that you find a ticket or tour by the same operator and in the same currency that is cheaper on another platform, you can send the applicable Third-Party Seller (e.g. Musement) a link to the offer and they will match the price. The Best Price Guarantee does not apply to previous purchases.

 

(d)

 

Flights.

 

Flights and vacation packages are offered through Mondee, Inc., a Delaware corporation, doing business as TripPlanet, and located at 11801 Domain Blvd., FL, Austin, TX 78758 (hereinafter, “TripPlanet”). Please note that flight and vacation package Products are sold separately to you by TripPlanet and when you purchase or book such Products you are entering into a contract with TripPlanet and your experience is subject to their Terms & Conditions.

 

(e)

 

Cruises.

 

Cruises are offered through Odysseus Solutions, LLC, a Delaware limited liability company, located at 12400 SW 81st Avenue, Miami, FL 33156. Cruise Products are sold to you by Odysseus Solutions, LLC, subject to the terms and conditions of this Website.

 

10. Bookings on behalf of Third-Parties.

 

If you use this Website to make a purchase or booking on behalf of a third-party, such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use (for example, the billing address, and phone number of the credit card holder), you must inform such third-party of all terms and conditions applicable to their use of the purchase or booking, and you agree to indemnify and hold us harmless from and against any and all liabilities, losses, damages, suits, and claims (including the costs of defense), relating to your or such third-party’s failure to fulfill any of its obligations described above and in these Terms of Use.

 

11. Disclaimers.

 

ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR RELATED COMPANIES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

 

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

 

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

Before purchasing products and services on or through this Website, review our Terms of Sale, which are incorporated by reference into these Terms of Use. Additional terms and conditions may be applicable to you and any use of the Website or any purchase you make through the Website, and such terms and conditions will be posted on the Website where applicable.

 

Content available through this Website often represents the opinions and judgments of an information provider, Website user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized spokesperson speaking in his/her official capacity.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

12. Limitation of Liability.

 

Except as may be set forth in the Terms of Sale, your exclusive remedy, and our entire liability, if any, for any claims arising out of your use of this Website shall be $50.00.

 

IN NO EVENT SHALL WE OR OUR RELATED COMPANIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND FOR ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS WEBSITE.

 

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

13. Indemnification.

 

Upon a request by us, you agree to defend, indemnify, and hold us and our Related Companies, and their respective owners, officers, directors, employees, agents, representatives, attorneys and insurers harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

14. Participation in Promotions.

 

From time-to-time, this Website may include promotions offered or fulfilled by third parties. In the event that you enter into correspondence with or participate in promotions of the third parties through this Website, any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the third party. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

 

15. Security and Password.

 

You are responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any purchases made or charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

 

16. Export Controls.

 

This Website is subject to United States Export Controls. No software from this Website may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

17. International Use.

 

Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

 

18. Termination of Use.

 

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

 

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website will immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 4, 8, 11, 12, 13, 18 and 23 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

 

19. Governing Law & Venue; Statute of Limitations.

 

This Website (excluding linked web sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all fifty (50) States, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this site both of us agree that the statutes and laws of the State of Florida will apply to all matters relating to the use of this site and the purchase of products and services available through this site, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Florida and federal courts in Miami-Dade County, Florida for the resolution of any dispute arising from your use of the Website. Each Party agrees to waive any objection s/he or it may have to Miami-Dade County, Florida serving as the venue for resolving any dispute between them arising from your use of the Website.

 

Any cause of action brought by you against us or our Related Entities must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

 

We make no representation that the products and services available through our Website are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

 

20. Minors.

 

Persons under the age of eighteen (18) are not eligible to purchase, cancel or modify any services available through this Website.

 

21. Notices.

 

All notices to a party shall be in writing and shall be made via conventional mail. Notices to us must be sent to Member Deals, Attn: Legal Department, 19495 Biscayne Boulevard, Suite 300, Aventura, FL 33180. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you.

 

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; or (c) five business days after the mailing date, if sent by US mail, return receipt requested.

 

22. Entire Agreement.

 

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended using any other documents. Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

23. Miscellaneous.

 

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

 

You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Website, or use of or access to this Website.

 

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

24. State-Specific Disclosures.

 

For California Residents:

 

Member Deals is registered with the State of California as a Seller of Travel. Registration No. CST 2091178-70. Registration as a seller of travel does not constitute approval by the State of California.

 

Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the passenger, unless the passenger advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

 

This Seller of Travel is not a participant in the California Travel Consumer Restitution Fund.

 

California residents may use the Organized Retail Theft Webform, managed by the California Department of Justice, to report a crime related to the sale of stolen merchandise to the Organized Retail Theft Program.

 

For Florida Residents:

 

Member Deals is registered with the State of Florida as a Seller of Travel. Registration No. ST-37777.

 

For Hawaii Residents:

 

Member Deals is registered with the State of Hawaii as a Travel Agency. Registration No. TAR-7471.

 

For Washington Residents:

 

Member Deals is registered with the State of Washington as an Out-of-State Seller of Travel. UBI: 605005095.

 

25. Contact Information.

 

Except as explicitly noted on this Website, the services available through this Website are offered by Member Deals, located at 19495 Biscayne Boulevard, Suite 300, Aventura, FL 33180.

Last Updated: 5/25/2023

 

Return Policy and Shipping Fee

 

Membership Refunds:

1. Memberships purchased directly from Maxwell’s Club are eligible for a refund within the first 72 hours of purchase, subject to the amount of service usage.
2. If you have used the website to obtain a service and/or a discount, the refund for the membership will be subject to a portion within the 72-hour timeframe.
3. Refunds requested after the initial 72 hours will not be granted for membership fees.

 

Third-Party Product and Service Refunds:

1. Refunds for any third-party products or services purchased through Maxwell’s Club must adhere to the refund policy provided by the respective provider.
2. Maxwell’s Club is not responsible for issuing refunds for third-party products or services.
3. Customers should refer to the refund policy of the specific third-party provider for information regarding refunds.

 

Please note that this return policy applies to Maxwell’s Club memberships only and does not cover any third-party products or services. For refunds related to third-party purchases, customers should follow the refund policy provided by the respective provider.

Last Updated: 5/25/2023

 

Shipping Fees:

Some product transactions require the delivery form of shipping. Certain packages may be required to be shipped by UPS to ensure delivery. The shipping fees are standard fees that are delegated to us by our service providers. If you are responsible for any shipping or delivery fees, they will be calculated and displayed to you prior to check-out.