Terms of Use

Introduction

Exclusively Vegas (hereinafter EV) is the operator of a membership club. These Terms of Use (hereinafter Terms) shall manage, obligate and direct your participation in our Club, and your use of our website, Exclusively Vegas accessible at www.exclusivelyvegas.com. Your participation in our Club and on our site(s) means you explicitly agree to accept all Terms provided herein.

Participation

By joining EV and participating in our Club, you represent and warrant that: (1) you are legally capable of entering into a binding contract; (2) you are at least 21 years of age for any benefit that has to do with alcohol or gambling.

Intellectual Property Rights

EV and its licensors own all the intellectual property rights and materials contained in this Website. You are granted a limited license only for purposes of viewing the material contained herein.

Access to the Site

EV retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time.

You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using our copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics.

No Warranties

This Website and Club is provided “as is,” with all faults; EV expresses no representations or warranties of any kind related hereto. EV makes no guarantee regarding the availability of any particular restaurant provided in our website or printed materials.

Limitation of Liability

In no event shall EV, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of our Club and/or this Website.  EV, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use herein, notwithstanding any error on our part.

EV makes no guarantee regarding the availability of any particular restaurant in our website or printed materials. Further, it is your choice whether or not to make a reservation; however, if you show up without a reservation, you do so at your own risk. Further, EV is not responsible for any actions that occur in any of the participating restaurants, clubs etc.

Modification of Terms

EV reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms, at any time, without prior notice. It is your responsibility to check these terms periodically for changes. Your continued use and participation in our Club means you have read, understood and accepted the changes.

Fees

When you join, you will be required to provide a credit card or other payment information and we will bill you on the date you join. Your subscription will be automatically renewed one year after the day you join or when the promotion you select ends (for example, the end of the year). EV will bill upon subscription to the service on the date you sign up pursuant to the terms of your subscription, unless either party seeks to terminate the agreement.

To make a payment, you must provide the cardholder’s name and billing address, the card number, the card security code, and the card expiration date. If you wish to change your payment method, you must visit the EV website at least one day prior to the conclusion of the billing cycle.

Club Member

As long as you are a paid member in good standing, EV grants you a personal, non-transferable, limited privilege to use our website and take advantage of the benefits stated herein. EV privileges and benefits are for your personal use only.

There is no reimbursement for early termination of a membership.

You agree that EV may, at its sole discretion and without prior notice, suspend your subscription or terminate your account on a temporary or permanent basis, and block your access to the EV Site if 1) you provided incorrect or false information to EV when creating signing up for a subscription 2) you allow another to use your account, or 3) you violate the Terms of this Agreement.

Cancellation

You can cancel at anytime and you will not be renewed the next payment period. However, you must cancel your membership on our website at www.exclusivelyvegas.com before it renews in order to avoid billing of the next year membership fees to the payment method you provided to us.

If you do not cancel prior to the billing date, your card will be charged and termination will occur at the end of the next billing cycle. You will be able to use EV until your billing cycle is completed.

Restaurant Access

EV Club membership is only valid at participating restaurants at the day, time and location specified. New restaurants are always being added and current restaurants often have additional offers so be sure to check our website often.

Beta Services

We may sometimes offer access to our club, with new products and features that we are still developing and when we do so, we’d love to hear your feedback. EV shall have no liability arising out of or in connection with beta services.

Privacy

EV’s Privacy Policy applies to use of our website and Club, and its terms are made a part of these Terms by this express reference. Additionally, by using our services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to here may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Indemnification

You agree to indemnify and hold EV, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against EV by any third party due to or arising out of or in connection with your use of the EV website or Club.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

EV is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

EV is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between EV and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

All matters relating to the EV Club, website, and these Terms of Use and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule.

Arbitration

You and EV each agree that any and all disputes or claims that have arisen, or may arise, between you and EV and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. You expressly waive any right you may have to bring or participate in a class action whether brought in arbitration or in any state court