Latitude 360 Terms and Conditions
LATITUDE 360 TERMS OF USE
Please read these Terms of Use carefully before using this site. By using this site, you agree to these Terms of Use, as amended from time to time with or without notice to you. Latitude 360, Inc., on behalf of itself and its subsidiaries (collectively “Latitude 360”), reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time, and you agree to be bound by such modifications, alterations or updates. This site and the services provided to you are provided on an “AS IS” basis. You agree that Latitude 360 reserves the right to modify or discontinue this site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Latitude 360 will not be held responsible or liable for timeliness of or removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This site is controlled and operated by Latitude 360. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by trademarks or copyrights which are owned and controlled by Latitude 360 or by other parties that have licensed their material to Latitude 360 (collectively “Intellectual Property”). Material from www.latitude360.com or any web site owned, operated, licensed or controlled by Latitude 360 (the “Web Sites”) may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the Intellectual Property and other proprietary rights. For purposes of these Terms of Use, the use of any such material on any other Web site or networked computer environment is prohibited.
DISCLAIMER
The materials in the Web Sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, Latitude 360 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Latitude 360 does not warrant that the functions contained in the Web Sites (the “Service”) will be uninterrupted, error-free, accurate, reliable, of any quality, that defects will be corrected, or that the Web Sites or the server that makes them available are free of viruses or other harmful components, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. Latitude 360 does not make any representations regarding the use or the results of the use of the materials in the Web Sites in terms of their correctness, accuracy, reliability, or otherwise. Visitors (and not Latitude 360) assume the entire cost of all necessary servicing, repair or correction. You understanding and agree that Latitude 360 does not provide professional advice of any kind and that any advice or any other information obtained via the Web Sites may be used solely at your own risk. Applicable law may not allow the exclusion of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other Terms of Use remain enforceable notwithstanding. The material that visitors read in the Web Sites is provided solely for entertainment and promotional purposes. The information and opinions expressed in any bulletin boards, chat rooms, or other forums including social media outlets which may be conducted on the Web Sites (collectively “Forums”) are not necessarily those of Latitude 360 or its affiliated or related entities or content providers and Latitude 360 makes no representations or warranties regarding that information or those opinions. Furthermore, neither Latitude 360, nor its content providers is responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the Web Sites.
SAFE HARBOR
Matters discussed on this Site relating to future events or future performance, including any discussion, express or implied, on our anticipated growth, operating results, plans, objectives, and future earnings may constitute forward-looking statements. The materials in the Web Sites may contain forward-looking statements that involve assumptions regarding Latitude 360 operations and future prospects. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict. Although Latitude 360 believes its expectations are based on reasonable assumptions, such statements are subject to, among other things, certain economic conditions, competition, development factors and operating costs. Caution should be taken that these factors could cause the actual results to differ from those stated or implied in the Web Sites. If you are making an investment decision, please consult a number of different sources, including relevant filings with the Securities and Exchange Commission.
SUBMISSIONS
Please also review this Site’s Privacy Policy and applicable Program terms regarding use
of feedback and submissions. Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will be maintained by Latitude 360, and at Latitude 360’s discretion shall be deemed to transfer to Latitude 360 al present and future ownership and intellectual property of Latitude 360 throughout the universe. Latitude 360 shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When visitors submit material to Latitude 360 or the Web Sites, visitors agree that submissions are voluntary, and Latitude 360 has no obligation to treat such submissions as confidential or to compensate you for the submission. You agree that all such material, information and ideas are your own original works, and that they have not been published, publicly displayed, performed or transmitted in any manner whatsoever. In addition, you agree to hereby waive all publicity rights and so-called “moral rights.” We may, but are not obligated to review, edit, or delete from this Site, any submission which we, in our sole discretion, consider illegal, offensive or otherwise inappropriate. You agree that Latitude 360 has the rights, but not the obligation, to display and use your name, likeness and other personal information submitted by you with the submission. Latitude 360 has the right to publish the material for any type of use as outlined above including promotional and advertising purposes. If any court determines that Latitude 360 does not retain exclusive ownership of any such submissions, then Latitude 360 retains a royalty-free, exclusive, perpetual, sub-licensable (through multiple tiers) right and license to use, reproduce, cache, modify, create derivative works from and distribute the submissions throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.
Latitude 360 is not responsible for any material posted on its Forums, including, but not limited to social media sites such as www.facebook.com, www.twitter.com, etc. Visitors shall not submit or otherwise publish through such Forums any content which:
- libels, defames or invades privacy, or is obscene, pornographic, abusive, or threatening;
- infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks;
- violates any law;
- advocates illegal activity;
- advertises or otherwise solicits funds or is a solicitation for goods or services;
- impersonates or misrepresents your association with any person or entity; or
- conceals or misrepresents the origin thereof.
INDEMNIFICATION - You agree to indemnify and hold harmless Latitude 360 and its representatives, subsidiaries, affiliates, related parties, officers, directors, shareholders, employees, agents, representatives, independent contractors, advertisers, partners, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or in connection with the Web Sites, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LATITUDE 360 WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LATITUDE 360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THE WEB SITES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES PROVIDED HEREUNDER.
In some jurisdictions, applicable law may not allow Latitude 360 to limit liability, and, therefore, such limitations may not apply to you. If allowed by law and notwithstanding the foregoing, Latitude 360 maximum liability shall be limited to $100.00.
WAIVER OF PUNITIVE DAMAGES AND CLASS ACTIONS
By this Agreement, you and Latitude 360 both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
RESERVATION OF RIGHTS
Latitude 360 reserves all rights, including but not limited to any and all Intellectual Property, patents, trade secrets, and any other proprietary right that it may have in respect to the Web Sites, the content thereof, and goods and services that may be provided. By making services available to you, Latitude 360 is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Web Sites or services or any and all Intellectual Property, patents, trade secrets and any other proprietary right that Latitude 360 may have with respect to the Web Sites without Latitude 360’s prior written consent.
APPLICABLE LAW
You agree that these Terms of Use and any dispute arising out of your use of the Web Sites or products or services provided will be governed by and construed in accordance with the laws of the State of Florida, as it is applied to agreements entered into and to be performed entirely within Florida. Any action visitors, any third party or Latitude 360 bring to enforce, in connection with these Terms of Use or any matters related to the Web Sites shall be brought only in either the state or federal courts located in Duval County, Florida, and visitors expressly consent to the jurisdiction of said courts. By using the Web Sites, you accept that jurisdiction is granted to the courts of Florida located in Duval County, and that any disputes will be heard by said courts.
Unless otherwise specified, the materials in the Web Sites are presented solely for the purpose of entertainment and promoting programs, services and other products available in the United States, its territories, possessions, and protectorates.
Latitude 360 makes no representation that materials in the Web Sites are appropriate or available for use in other locations. Those who choose to access the Web Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Latitude 360.
ADDITIONAL TERMS
Latitude 360 may terminate your access to this Site and/or participation in any Program, including without limitation suspending or blocking your access to this Site and/or any account you have created and/or any membership cards issued to you, immediately without notice for any reason, including without limitation, in Latitude 360’s sole discretion, actual or suspended unauthorized or fraudulent use of any Program or any member card or account for your actual or suspected failure to comply with any of the terms of this Statement or any applicable Programs terms.
Latitude 360 Rewards Terms and Conditions
Updated: 8-1-15
The Latitude 360 Membership Rewards Program (the “Program”) is a customer recognition program that rewards members for their Qualifying Purchases (subject to certain exclusions described below). The Program is offered only at participating Latitude 360 locations (“Participating Locations”). The rewards, benefits and other aspects of the Program cannot be earned or utilized, and are not applicable at any other Latitude 360 locations or in conjunction with any other rewards programs that may be offered by Latitude 360. These terms and conditions (the “Terms & Conditions” or this “Agreement”) govern membership in the Program. These Terms & Conditions are applicable only to the Program and not to any other rewards program that may be offered by Latitude 360. Enrollment, membership, and all related benefits of the Program, including all administration related thereto, are offered to you by Latitude 360, Inc.; Latitude 360 Jacksonville, LLC; Latitude 360 Indianapolis, LLC; Latitude 360 Pittsburgh, LLC; and Latitude 360 Albany, LLC; its affiliates, parents, or subsidiary companies (collectively “Latitude 360”, “we,” “us,” “our,” “ours”) at Latitude 360’s sole discretion. By enrolling in the Program and/or using the Program the member or user (“you,” “your,” “yours,” “member(s)”) agree(s) to be legally bound by these Terms & Conditions and such membership or use shall be subject to these Terms & Conditions, as they may be amended from time to time. The Program is subject to change or cancellation at any time by Latitude 360 in its sole discretion, without prior notice.
ELIGIBILITY
The Latitude 360 Rewards Program is free. There is a limit of one membership per person. Membership is open to United States residents who are at least 18 years of age. Void where prohibited or restricted by law. Membership is non-transferable.
ENROLLMENT
To enroll and receive the full benefits of the Program, you must obtain a Latitude 360 Membership Card and register that Membership Card with Latitude 360 (i.e., have a “Registered Membership Card”). Membership Cards can be obtained at a Participating Location. To register your Membership Card, either visit a Participating Location and follow the instructions given for registering your Membership Card, or register your existing Membership Card online at www.latitude360.com. Please Note: You must register your Membership Card number in order to fully enroll and become a member and for full Program benefits to apply. Membership begins upon activation of your account, which in most cases will be immediately following our receipt of your fully completed registration form (either in-store or online), which includes your Membership Card number. You may only enroll in the Program for yourself and may only participate in the Program using your own account. You cannot participate in the Program on behalf of other members or non-members.
PROGRAM BENEFITS
By becoming a member and participating in the Program you will receive a reward point (“Reward Point”) for each ten dollars ($10.00) you spend at the Participating Locations for Qualifying Purchases (as defined below). Bonus Rewards Points may be awarded on Qualifying Purchases during promotional periods, which may vary from time to time, and at the sole discretion of Latitude 360. Rewards Points may be redeemed at Participating Locations.
The amount of reward points issued to a 360 Club Member for private events booked through the Group Sales office will be capped at 50 rewards points per event.
Latitude 360 will remove any earned Rewards Points on a member account that has not made a Qualifying Purchase within any twelve (12) month period. Rewards Points cannot be used towards the purchase of any item or services, including but not limited to food, non-alcoholic or alcoholic beverages, taxes or tips. Reward Points have no cash value and no change will be given for the redemption of Rewards Points. Rewards Points will not be awarded in conjunction with any special event or with any other rewards, coupons, discounts (including but not limited to group and corporate discounts) or promotional offers, and cannot be transferred or sold. Latitude 360 reserves the right to substitute rewards of equal or greater value for any Rewards Points for any reason. Latitude 360 and its respective affiliates, subsidiaries, partners, directors, officers and agents expressly disclaim all warranties of any kind, whether express or implied, with respect to the use of such Rewards Points. You should not rely upon the continued availability of the Program. All Rewards Points are available while supplies last and are subject to change and/or revocation without notice.
USING YOUR REGISTERED MEMBERSHIP CARD
Your Registered Membership Card is your proof of membership in the Program and must be presented at a Participating Location in order to earn any Rewards Points for a Qualifying Purchase other than Membership Card purchases or recharges. Lost or stolen Registered Membership Cards can be replaced. If a Registered Membership Card is lost or stolen, it is the member’s responsibility to notify us immediately by calling (844) 360-9847. Latitude 360 is not responsible for any Rewards Points used on a stolen or lost Registered Membership Card that has not yet been reported as provided herein. Replacement cards can be issued at the front desk at Participating Locations.
Latitude 360 tracks your Qualifying Purchases on your Registered Membership Card, and your Registered Membership Card electronically stores the amount of your Rewards Points. Keep and present your Registered Membership Card at a Participating Location and identify yourself as a Rewards Member in order to receive Rewards Points for your Qualifying Purchases. This should be done at the end of each transaction but prior to payment. Rewards Points cannot be awarded after the associated transaction has been completed if the Registered Membership Card was not presented prior to payment.
QUALIFYING PURCHASES and NON-QUALIFYING PURCHASES
Latitude 360 reserves the right to add other Non-Qualifying Purchases from time to time in its sole discretion.
NOTIFICATION OF BENEFITS
Your Rewards Points, and the expiration dates of Rewards Points will be maintained on your Registered Membership Card and can be checked at any time on-line, at www.latitude360.com, or with an employee at a Participating Location. Earned Rewards Points may also be printed in-store at Participating Locations on your receipt.
Latitude 360 will also notify eligible members of reward offers and benefits throughout their membership via e-mail. The Program will use email as the communication channel for providing members with information regarding earned Rewards Points, Program benefits, Program changes, update messages, and all benefits and offers available to members. Members must submit and maintain accurate user information in connection with their Program account to receive communication about the Program. Such information includes (but may not be limited to) name, address, e-mail address, telephone number, and Registered Membership Card number. Members can change their account information by updating their member profile at Participating Locations or at www.latitude360.com. Latitude 360 does not assume any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected. Members may opt-out of e-mail communications by logging into the member profile section of the above website and selecting the opt-out status, by clicking “unsubscribe” on any email communications, or by contacting us at http://www.Latitude360.com. However, if you no longer wish to receive email communications and Program benefit notification from Latitude 360, you will forfeit the ability to receive such information regarding the Program via email.
PRIVACY
The Privacy Policy for Latitude 360 found at www.latitude 360.com will be applicable to all information you provide to Latitude 360 relative to this Program.
POINTS FOR PURCHASES THAT WERE NOT RECORDED
If your Qualifying Purchases were not recorded on your Registered Membership Card, we may credit your account with Rewards Points for Qualifying Purchases on a timely basis. However, it is your responsibility to make sure that your purchases are properly credited. Please retain copies of your receipts and/or account statements for your records. Any claim for Qualifying Purchases not credited accurately must be received by us within forty-five (45) days of the date of the Qualifying Purchase’s receipt. You may submit your claim to Latitude 360 Guest Services. You will be required to submit your receipt to verify your claim. Limit of two (2) requests per Member per calendar year will be considered for Reward Points that were not recorded at the time of Qualifying Purchases. We have no liability for (a) any printing, production, typographical, mechanical, or other errors regarding the earning, redemption or accumulation of Rewards Points or any other benefits or other aspects of the Program; (b) any delay or failure to credit your account; or (c) any failure to provide Program communication. We reserve the right to remove purchases credited to your account if we determine that such purchases were improperly credited to your account or obtained fraudulently. We reserve the right to require proof of Qualifying Purchases recorded on your account, and we reserve the right to delay the processing of any Rewards Points without notice to you, in order to assure compliance with these Terms & Conditions. You are responsible for restricting access to and maintaining the confidentiality of your account and password, and you agree to accept responsibility for the activities of anyone using your Registered Membership Card or Registered Membership Card number.
REWARDS CANCELLATION
You have the right to cancel your membership in the free Rewards Program at any time. We may terminate your membership, including any associated accounts, without notice, for any reason, in our sole discretion, including without limitation, inactivity on the member account for more twelve (12) months or our belief that continued use of such membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests.
CHANGES TO THE PROGRAM AND THESE TERMS & CONDITIONS
We reserve the right at any time to limit Program enrollment or to establish different levels of Program participation or targeted offers that may result in programs that are not available to all Members. We reserve the right, at our sole discretion, to (a) suspend, change or terminate the Program, any individual program, or any member benefit, in whole or in part; (b) modify, limit or suspend the manner in which Rewards Points are earned, awarded and/or redeemed, including but not limited to changes to the definitions of Qualifying Purchases and Non-Qualifying Purchases, and changes to the amount of points and credits earned, the value of those points and credits, when they can be redeemed and when they expire. We may make these changes even though the changes may affect the value of your Rewards Points and rewards available under the Program already accumulated at the time of the change. Your continued participation in the Program after any modification to the Program and/or these Terms & Conditions will indicate your acceptance of any such modification. You expressly agree to assume responsibility for reviewing these Terms & Conditions for any updates or modifications. If you don’t agree to any changes to the Program or these Terms & Conditions, your sole remedy is to deactivate your account (and forfeit any unused Rewards Points).
You expressly agree to waive and set aside your respective rights and obligations under any applicable law in the event of any termination of the Program or modification of these Terms & Conditions to the extent that such law requires any judicial pronouncement for the termination of the Program or modification of these Terms & Conditions. We may change the terms of this Program and these Terms & Conditions at any time in our sole discretion.
PROGRAM TERMINATION
We may terminate the Program partially or in its entirety, including any or all of the benefits available hereunder, at any time, in our sole discretion, with or without notice.
MEMBER OBLIGATIONS AND REPRESENTATIONS
By enrolling in the Program, and/or by participating in the Program, you are expressly agreeing to be bound by these Terms & Conditions, as they may be amended from time to time. You agree not to misuse Program privileges by engaging in conduct that is detrimental to us, including without limitation: having multiple accounts; making purchases on the behalf of other members; participating in purchasing or redemption fraud; and/or using any robot, spider, other automatic device or manual process to transact with, monitor or alter the Program.
You agree to comply at all times with all laws, rules, and regulations that are applicable to you. You hereby acknowledge that you may only participate in the Program if and to the extent that such participation is permitted by all applicable laws, rules, and regulations, and that your application for enrollment is subject to our acceptance. We may refuse at any time to enroll you, or may restrict, modify, or terminate your participation in the Program without liability to you.
You agree to provide only accurate and true information to us at all times. You agree to comply with all of these Terms & Conditions and with the terms of any affiliated and/or related programs, offers and programs at all times. You agree to promptly notify us of any change in address, whether your mailing address or email address, by updating personal information on our Web site, or by contacting Latitude 360 Guest Services. You agree that your participation in the Program is entirely at your own risk.
LIMITATIONS OF LIABILITY AND RELEASE OF CLAIMS AGAINST LATITUDE 360
NEITHER LATITUDE 360, ITS PARENTS, AFFILIATES, OR SUBSIDIARIES, PROGRAM AFFILIATES, SUPPLIERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUBSIDIARIES, OR AGENTS (“ASSOCIATES”) SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “LOSSES AND DAMAGES”), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE TERMS & CONDITIONS; (II) THE PROGRAM OR THE WEB SITE; (III) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE PROGRAM; (IV) ANY UNAUTHORIZED USE OF A CARD OR ANY BREACH OF SECURITY; (V) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE PROGRAM MADE BY US OR ANY ASSOCIATE OR ANY OTHER PERSON OR ENTITY; OR (VI) THE PURCHASE, REDEMPTION FOR OR USE OF ANY REWARDS WHETHER MADE AVAILABLE BY US, ONE OF OUR ASSOCIATES OR ANY OTHER PERSON OR ENTITY, OR OTHERWISE. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, law, statute, ordinance, code, rule, equity, strict liability or any other basis, even if we or our affiliates or our or their representatives have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.
IN NO EVENT SHALL OUR AND OUR ASSOCIATES’ MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S. $25.00).
By participating in the Program you hereby agree: (a) to release us and all of our Associates, affiliates, subsidiaries, franchisees, Program partners, vendors, distributors and independent contractors, and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred with respect to the issuance, receipt, possession, and/or use or misuse of any reward; (b) under no circumstances will you be entitled to rewards for, and you hereby waive all rights to claim, punitive, incidental, consequential, special or any other damage or loss, other than for actual out-of-pocket expenses; (c) all causes of action or claims arising out of or connected with the Program, or any reward shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
NO WARRANTY
THE PROGRAM AND THE WEB SITE ARE PROVIDED “AS-IS,” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM AND THE WEB SITE.
GOVERNING LAW
The Agreement shall be governed by, construed and enforced in accordance with the laws
of the State of Florida, as it is applied to agreements entered into and to be performed entirely within such state. Any action against Latitude 360, it’s Associates, parent, affiliates, partners, subsidiaries or related companies, that is brought in connection with this Agreement or any matters related to this Program shall be brought only in either the state or Federal Courts located in Duval County, Florida, and all persons bringing such claims expressly consent to the jurisdiction of said courts.
MISCELLANEOUS
If any part of this Agreement is found to be violative of the law, then that part shall be stricken with the remainder of this Agreement to survive intact, if practicable. The language of this Agreement shall be construed as a whole, according to its fair meaning and intendment, and not strictly for or against any Party, regardless of who drafted or was principally responsible for drafting the Agreement or any specific term or condition hereof. This Agreement shall be deemed to have been drafted by all Parties, and no Party shall urge otherwise. Each Party warrants that no promise, inducement, or agreement not expressed herein has been made in connection with this Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes and replaces all prior negotiations or proposed agreements, written or oral.
You agree to not make any derogatory comments regarding Latitude 360, in any format, whether written, electronic, or oral, to any third party. You further agree that you shall not make any public statements that are critical, defamatory or which may tend to injure the reputation or business of Latitude 360. Additionally, You agree to not disparage any of the current or former officers or members of the Board of Directors, administrators, managers, employees, or agents Latitude 360. You understand that this non-disparagement restriction prohibits You from disparaging Latitude 360 on any issue raised in this Agreement or arising out of this Program, either directly or indirectly, through any means or source (including third parties), including by way of any interactive social or professional media sources such as Facebook, MySpace, LinkedIn, Twitter, Instagram or any other interactive social network or personal blog.
THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON THIS AGREEMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ANY RELATED DOCUMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO, OR TO ANY RELATED DOCUMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT. Latitude 360 shall have the sole option, in its discretion, to require you to submit any dispute to binding arbitration.
You agree that you have read the above terms and conditions and expressly agree to be bound by them. You have had the opportunity to read, review and comment on these terms and conditions and have approved them as written.
Latitude 360 Membership Terms and Conditions
Updated: 6-1-15
A Latitude 360 Membership Card (the “Membership Card”) is a stored value card that allows you to access selected entertainment at Latitude 360 locations in the United States (“Participating Location(s)”). These terms and conditions (the “Terms & Conditions”) govern all Membership Cards and their use. The Membership Card, including all administration related thereto, is provided by Latitude 360, Inc., or its affiliates, parents, or subsidiary companies (collectively “Latitude 360,” “we,” “us,” “our,” “ours”). By purchasing, recharging, or using the Membership Card, you agree to be legally bound by these Terms & Conditions, and your use shall be subject to these Terms & Conditions, as they may be amended from time to time, without further notice to you. You can obtain the latest version of these Terms & Conditions at a Participating Location or at www.latitude360.com.
GENERAL
A Membership Card is a stored value card with a magnetic strip which, depending on the credit balance or membership level, can grant access to selected entertainment inside Latitude 360. Latitude 360 is not responsible for lost, stolen or damaged Membership Cards containing credits, other than replacement of unredeemed credit balances for Membership Cards registered with Latitude 360 Rewards. More information on Latitude 360 Rewards is set forth below:
Any resale or other transfer of a Membership Card for consideration will render the Membership Card and associated credit balances void and subject to cancellation. Your Membership Card is non-refundable and will not, under any circumstances, be redeemed for cash, except where required by law. All sales and use tax will be charged in addition to Membership Card purchase and monthly membership fees. Latitude 360 reserves the right not to accept a Membership Card or otherwise limit use of the Membership Card if it believes the use is unauthorized, fraudulent or otherwise unlawful or violates these Terms & Conditions. You will not be sent statements of itemized transactions involving your Membership Card.
PURCHASE AND BALANCES
You can purchase, subject to certain exclusions, a Membership Card with a credit card, Latitude 360 gift card or cash from authorized Latitude 360 employees, including but not limited to Servers, Bartenders, Managers and Front Desk employees (collectively, “Authorized Employee(s)”) at Participating Locations.
Where allowed by law, a one-time activation fee may be charged (in addition to the desired amount of your Membership Card purchase) to purchase the Membership Card. Activation fees vary by location. See an Authorized Employee for details. You may check Membership Card Credit balances through an Authorized Employee, or at www. Latitude 360.com.
PREMIUM MEMBERSHIP CARD
Premium Membership Cards are available for a monthly membership fee. Premium Membership Cards are automatically credited, on a monthly basis, with a specified access to selected entertainment, which may be selected by Latitude 360 in its sole discretion. Enrollment for a Premium Membership Card requires an initial payment and a signed Automatic Debit and Credit Authorization Form authorizing Latitude 360 to withdraw funds from a designated credit or debit card to make monthly membership account payments. You have the right to cancel your Premium Membership Card at any time after two months after the date you enroll in Premium Monthly Membership.
REWARDS
You may register your Membership Card through Latitude 360 Rewards (“Latitude 360 Rewards”) at a Participating Location or at www.latitude360.com.
USING YOUR REGISTERED MEMBERSHIP CARD
Your Registered Membership Card is your proof of membership in the Program and must be presented at a Participating Location in order to earn any Rewards Points for a Qualifying Purchase other than Membership Card purchases or recharges. Lost or stolen Registered Membership Cards can be replaced. If a Registered Membership Card is lost or stolen, it is the member’s responsibility to notify us immediately by calling (844) 360-9847. Latitude 360 is not responsible for any Rewards Points used on a stolen or lost Registered Membership Card that has not yet been reported as provided herein. Replacement cards can be issued at the front desk at Participating Locations.
Latitude 360 tracks your Qualifying Purchases on your Registered Membership Card, and your Registered Membership Card electronically stores the amount of your Rewards Points. Keep and present your Registered Membership Card at a Participating Location and identify yourself as a Rewards Member in order to receive Rewards Points for your Qualifying Purchases. This should be done at the end of each transaction but prior to payment. Rewards Points cannot be awarded after the associated transaction has been completed if the Registered Membership Card was not presented prior to payment.
QUALIFYING PURCHASES and NON-QUALIFYING PURCHASES
Latitude 360 reserves the right to add other Non-Qualifying Purchases from time to time in its sole discretion.
The amount of reward points issued to a 360 Club Member for private events booked through the Group Sales office will be capped at 50 rewards points per event.
NOTIFICATION OF BENEFITS
Your Rewards Points, and the expiration dates of Rewards Points will be maintained on your Registered Membership Card and can be checked at any time on-line, at www.latitude360.com, or with an employee at a Participating Location. Earned Rewards Points may also be printed in-store at Participating Locations on your receipt.
Latitude 360 will also notify eligible members of reward offers and benefits throughout their membership via e-mail. The Program will use email as the communication channel for providing members with information regarding earned Rewards Points, Program benefits, Program changes, update messages, and all benefits and offers available to members. Members must submit and maintain accurate user information in connection with their Program account to receive communication about the Program. Such information includes (but may not be limited to) name, address, e-mail address, telephone number, and Registered Membership Card number. Members can change their account information by updating their member profile at Participating Locations or at www.latitude360.com. Latitude 360 does not assume any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected. Members may opt-out of e-mail communications by logging into the member profile section of the above website and selecting the opt-out status, by clicking “unsubscribe” on any email communications, or by contacting us at http://www.Latitude360.com. However, if you no longer wish to receive email communications and Program benefit notification from Latitude 360, you will forfeit the ability to receive such information regarding the Program via email.
PRIVACY
The Privacy Policy for Latitude 360 found at www.latitude 360.com will be applicable to all information you provide to Latitude 360 relative to this Program.
POINTS FOR PURCHASES THAT WERE NOT RECORDED
If your Qualifying Purchases were not recorded on your Registered Membership Card, we may credit your account with Rewards Points for Qualifying Purchases on a timely basis. However, it is your responsibility to make sure that your purchases are properly credited. Please retain copies of your receipts and/or account statements for your records. Any claim for Qualifying Purchases not credited accurately must be received by us within forty-five (45) days of the date of the Qualifying Purchase’s receipt. You may submit your claim to Latitude 360 Guest Services. You will be required to submit your receipt to verify your claim. Limit of two (2) requests per Member per calendar year will be considered for Reward Points that were not recorded at the time of Qualifying Purchases. We have no liability for (a) any printing, production, typographical, mechanical, or other errors regarding the earning, redemption or accumulation of Rewards Points or any other benefits or other aspects of the Program; (b) any delay or failure to credit your account; or (c) any failure to provide Program communication. We reserve the right to remove purchases credited to your account if we determine that such purchases were improperly credited to your account or obtained fraudulently. We reserve the right to require proof of Qualifying Purchases recorded on your account, and we reserve the right to delay the processing of any Rewards Points without notice to you, in order to assure compliance with these Terms & Conditions. You are responsible for restricting access to and maintaining the confidentiality of your account and password, and you agree to accept responsibility for the activities of anyone using your Registered Membership Card or Registered Membership Card number.
MEMBERSHIP FEE RE-BILLING ON FAILED PAYMENT
Latitude 360 reserves the right to retry a credit card on a member’s account if the monthly subscription payment does not process on the first attempt. This re-billing attempt may take place on the same day as the failed payment or on subsequent days. As long as there is an outstanding payment needed for continued membership, Latitude 360 reserves the right to retry the payment at its discretion. There is no limit to the amount of days that may pass before the failed payment is tried again.
MEMBERSHIP CANCELLATION
You have the right to cancel your membership in the the Latitude 360 Membership Program at any time after two (2) consecutive months of paid membership. These payments include the initial payment due on sign up and three consecutive payments that will be charge on the anniversary date of the following months. The only way to cancel a membership following the initial two (2) month minimum membership time period is to call and speak with a member of the venue concierge team at (844) 360-2582. Voicemails, emails and messages are not acceptable forms of cancellation notification.
We may terminate your membership, including any associated accounts, without notice, for any reason, in our sole discretion, including without limitation, inactivity on the member account for more twelve (12) months or our belief that continued use of such membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests.
Upon program termination any current or accrued assets on member account including but not limited to game room cards, movie tickets, comedy tickets, hours of bowling, free food vouchers will be cancelled. Cancelled items have no cash or redeemable value and no refunds will be given for these items.
CHANGES TO THE PROGRAM AND THESE TERMS & CONDITIONS
We reserve the right at any time to limit Program enrollment or to establish different levels of Program participation or targeted offers that may result in programs that are not available to all Members. We reserve the right, at our sole discretion, to (a) suspend, change or terminate the Program, any individual program, or any member benefit, in whole or in part; (b) modify, limit or suspend the manner in which Rewards Points are earned, awarded and/or redeemed, including but not limited to changes to the definitions of Qualifying Purchases and Non-Qualifying Purchases, and changes to the amount of points and credits earned, the value of those points and credits, when they can be redeemed and when they expire. We may make these changes even though the changes may affect the value of your Rewards Points and rewards available under the Program already accumulated at the time of the change. Your continued participation in the Program after any modification to the Program and/or these Terms & Conditions will indicate your acceptance of any such modification. You expressly agree to assume responsibility for reviewing these Terms & Conditions for any updates or modifications. If you don’t agree to any changes to the Program or these Terms & Conditions, your sole remedy is to deactivate your account (and forfeit any unused Rewards Points).
You expressly agree to waive and set aside your respective rights and obligations under any applicable law in the event of any termination of the Program or modification of these Terms & Conditions to the extent that such law requires any judicial pronouncement for the termination of the Program or modification of these Terms & Conditions. We may change the terms of this Program and these Terms & Conditions at any time in our sole discretion.
PROGRAM TERMINATION
We may terminate the Program partially or in its entirety, including any or all of the benefits available hereunder, at any time, in our sole discretion, with or without notice.
MEMBER OBLIGATIONS AND REPRESENTATIONS
By enrolling in the Program, and/or by participating in the Program, you are expressly agreeing to be bound by these Terms & Conditions, as they may be amended from time to time. You agree not to misuse Program privileges by engaging in conduct that is detrimental to us, including without limitation: having multiple accounts; making purchases on the behalf of other members; participating in purchasing or redemption fraud; and/or using any robot, spider, other automatic device or manual process to transact with, monitor or alter the Program.
You agree to comply at all times with all laws, rules, and regulations that are applicable to you. You hereby acknowledge that you may only participate in the Program if and to the extent that such participation is permitted by all applicable laws, rules, and regulations, and that your application for enrollment is subject to our acceptance. We may refuse at any time to enroll you, or may restrict, modify, or terminate your participation in the Program without liability to you.
You agree to provide only accurate and true information to us at all times. You agree to comply with all of these Terms & Conditions and with the terms of any affiliated and/or related programs, offers and programs at all times. You agree to promptly notify us of any change in address, whether your mailing address or email address, by updating personal information on our Web site, or by contacting Latitude 360 Guest Services. You agree that your participation in the Program is entirely at your own risk.
BILLING ERRORS AND CORRECTIONS
We reserve the right to correct the balance of your Membership Card if we believe that an error has occurred. If you have questions regarding your transaction history, or if you dispute any transaction or correction that has been assessed against your Membership Card, please call Guest Services at (844) 360-9847. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.
LIMITATIONS OF LIABILITY AND RELEASE OF CLAIMS AGAINST LATITUDE 360
NEITHER LATITUDE 360, ITS PARENTS, AFFILIATES, OR SUBSIDIARIES, PROGRAM AFFILIATES, SUPPLIERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUBSIDIARIES, OR AGENTS (“ASSOCIATES”) SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “LOSSES AND DAMAGES”), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE TERMS & CONDITIONS; (II) THE PROGRAM OR THE WEB SITE; (III) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE PROGRAM; (IV) ANY UNAUTHORIZED USE OF A CARD OR ANY BREACH OF SECURITY; (V) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE PROGRAM MADE BY US OR ANY ASSOCIATE OR ANY OTHER PERSON OR ENTITY; OR (VI) THE PURCHASE, REDEMPTION FOR OR USE OF ANY REWARDS WHETHER MADE AVAILABLE BY US, ONE OF OUR ASSOCIATES OR ANY OTHER PERSON OR ENTITY, OR OTHERWISE. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, law, statute, ordinance, code, rule, equity, strict liability or any other basis, even if we or our affiliates or our or their representatives have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.
IN NO EVENT SHALL OUR AND OUR ASSOCIATES’ MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S. $25.00).
By participating, you hereby agree: (a) to release us and all of our Associates, affiliates, subsidiaries, franchisees, Program partners, vendors, distributors and independent contractors, and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred with respect to the issuance, receipt, possession, and/or use or misuse of any reward; (b) under no circumstances will you be entitled to rewards for, and you hereby waive all rights to claim, punitive, incidental, consequential, special or any other damage or loss, other than for actual out-of-pocket expenses; (c) all causes of action or claims arising out of or connected with the Program, or any reward shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
NO WARRANTY
THE PROGRAM AND THE WEB SITE ARE PROVIDED “AS-IS,” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM AND THE WEB SITE.
GOVERNING LAW
The Agreement shall be governed by, construed and enforced in accordance with the laws
of the State of Florida, as it is applied to agreements entered into and to be performed entirely within such state. Any action against Latitude 360, its Associates, parent, affiliates, partners, subsidiaries or related companies, that is brought in connection with this Agreement or any matters related to this Program shall be brought only in either the state or Federal Courts located in Duval County, Florida, and all persons bringing such claims expressly consent to the jurisdiction of said courts.
MISCELLANEOUS
If any part of this Agreement is found to be violative of the law, then that part shall be stricken with the remainder of this Agreement to survive intact, if practicable. The language of this Agreement shall be construed as a whole, according to its fair meaning and intendment, and not strictly for or against any Party, regardless of who drafted or was principally responsible for drafting the Agreement or any specific term or condition hereof. This Agreement shall be deemed to have been drafted by all Parties, and no Party shall urge otherwise. Each Party warrants that no promise, inducement, or agreement not expressed herein has been made in connection with this Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes and replaces all prior negotiations or proposed agreements, written or oral.
You agree to not make any derogatory comments regarding Latitude 360, in any format, whether written, electronic, or oral, to any third party. You further agree that you shall not make any public statements that are critical, defamatory or which may tend to injure the reputation or business of Latitude 360. Additionally, You agree to not disparage any of the current or former officers or members of the Board of Directors, administrators, managers, employees, or agents Latitude 360. You understand that this non-disparagement restriction prohibits You from disparaging Latitude 360 on any issue raised in this Agreement or arising out of this Program, either directly or indirectly, through any means or source (including third parties), including by way of any interactive social or professional media sources such as Facebook, MySpace, LinkedIn, Twitter, Instagram or any other interactive social network or personal blog.
THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON THIS AGREEMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ANY RELATED DOCUMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO, OR TO ANY RELATED DOCUMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT. Latitude 360 shall have the sole option, in its discretion, to require you to submit any dispute to binding arbitration.
You agree that you have read the above terms and conditions and expressly agree to be bound by them. You have had the opportunity to read, review and comment on these terms and conditions and have approved them as written. Your continued use of the Membership Card constitutes your agreement to the terms and conditions associated with the Membership program.
ARBITRATION RIGHTS AND WAIVER OF RIGHTS
Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to these Terms & Conditions or your use of your Membership Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA Commercial Rules and Consumer Related Supplementary Procedures (except that Rule C-4 related to the appointment of an arbitrator will not apply and the arbitrator will be chosen under Rule R-11) before one (1) neutral arbitrator licensed to practice law for at least fifteen (15) years at the AAA offices nearest the location where you purchased your Membership Card, except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, all claims (including those claims that are subject to arbitration and those claims that can be prosecuted in a court of law and regardless of whether the claim is brought in an arbitration or in a court of law) must be brought on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding, and you hereby waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
