Terms and Conditions
1. Preamble1.1 This is the Restaurant VIP Card program agreement. It outlines the terms and conditions on which you may participate in the VIP Card program and use the services provided by the VIP Card, as well as the services provided by this website. This agreement contains important information about your rights and obligations as a VIP cardholder, as well as limitations and exclusions that may apply to you.
1.2 Restaurant VIP Card is a wholly owned subsidiary of Restaurant Network and The Global Web. The Global Web operates Restaurant VIP Card and provides services to you. In this agreement, the terms "we", "us" and "our" refer to The Global Web and our affiliates collectively.
2. General Terms and Conditions2.1 To obtain a Restaurant VIP Card and become a member of the VIP Card program, you must be of sufficient age and otherwise be able to enter into a legally binding contract, thereby agreeing to the terms of this agreement.
2.2 We provide you information about discounts, rewards or otherwise exclusive offers presented to VIP cardholders. This information is presented on this website, www.restaurantnetwork.com. We may provide this information to you by other means, including e-mail, but we are not required to do so. By participating in the VIP Card program, you understand that visiting this website regularly is the preferred and main way to obtain information about cardholder discounts.
2.3 The discounts and other benefits provided by the VIP Card program are valid on the date or dates specified on this website, unless prohibited by applicable law. You will only be able to take advantage of the VIP Card program on specified date or dates.
2.4 The discounts and other benefits provided by the VIP Card program may not be combined with other discounts, coupons or similar offers, whether provided by the participating Merchang or another rewards program.
2.5 You are responsible for any tax consequences resulting from the use of your VIP Card and its associated discounts, rewards and similar offers. We may report rewards provided to you to relevant tax authorities.
3. ArbitrationYou agree that:
3.1 Any claim, dispute or contoversy between you and us, our subsidiaries, our affiliates and any holder of this agreement, or the employees, agents or assigns of any of them, arising from or relating to this agreement, or the relationship that results from this agreement, including, but not limited to any tort or statutory claim, and any claim seeking monetary, equitable or other relief will be, upon the election of any party to the dispute, resolved by neutral binding arbitration administred by the National Arbitration Forum ("NAF") under the Code of Procedure ("Code") of the NAF in effect at the time the claim is filed. Rules and forms of the NAF may be obtained at any NAF office, www.adrforums.com or by calling 800.474.2371.
3.2 The decision of the arbitrator will be a final and binding resolution of any claim or claims. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. §1 through 16. Judgement upon the award may be entered in any court having jurisdiction. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they choose to have any disputes decided through individual arbitration.
3.3 You can reject the arbitration provisions in this agrement by providing us written notice, signed by you, within thirty (30) days of enrolling in the VIP Card program for the first time. Please send the written notice to: Restaurant VIP Card / Restaurant Network, 6742 Forest Hill Blvd., West Palm Beach, FL 33413.
4. Limit on Liability and Indemnity4.1 You agree that: (a) Restaurant VIP Card is provided "as is" and, to the maximum extent and ability permitted by law, we disclaim any express or implied warranties with respect to Restaurant VIP Card, including any implied warranties of merchantability and fitness for a particular purpose. (b) We will not be liable for any damages that you may suffer with your participation in the VIP Card program, whether or not we have been advised of the possibility of such damages.
4.2 You agree to defend, indemnify and hold us and our subsidiaries, affiliates, successors and assigns, and our and their respective shareholders, directors, officers, employees and agents, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or relating to your alleged violation of this agreement, or your improper participation in the VIP Card program.
5. Changes5.1 We reserve the right, at our sole discretion, to modify, add or remove any portion of this agreement, in whole or in part, at any time. Changes in this agreement will be effective when posted on this website. Your continued use of the website after any changes to the agreement are posted will be considered acceptance of those changes. We may terminate, change, suspend or discontinue any aspect of this website and the VIP Card program at any time.
These Terms and Conditions were last updated on 2/1/2012.