Terms of Service
Welcome to the User Agreement for TipClub, Inc (“TipClub”). This
agreement describes the terms on which you may access and use our services. In order
to become a TipClub user, you must read and accept all of the terms and conditions
of this agreement and the Privacy Policy. If you do not agree to be bound by the
terms, you may not use or access our services. We reserve the right to modify this
Agreement at any time, and without prior notice, by posting amended terms on this
website. Your continued use of the TipClub service indicates your acceptance of
the amended User Agreement.
Description of Service
TipClub is a business service offered to enable professionals to
find, connect, and manage relationships with other professionals.
Membership Fees
Subscribing to the TipClub website and newsletter are free. Other
services and memberships (premium and group memberships, for example) are provided
for a fee. TipClub reserves the right to charge for premium services or any portion
thereof, modify the pricing of, add to, or discontinue the TipClub Service or any
portion thereof without prior notice. ALL YEARLY AND QUARTERLY MEMBERSHIP FEES ARE
NON-REFUNDABLE WITHOUT EXCEPTION. TipClub will automatically charge monthly membership
fees to a credit card supplied by a respective member. Monthly premium memberships
can be cancelled at any time. However, you will not be eligible for a prorated refund
of any portion of your current month's paid membership fee. To cancel, please contact
Customer Support at 1-800-798-0270, x92 or email at support@tipclub.com
Membership Eligibility
TipClub is not available to minors under the age of 18 or to any
users suspended or removed from the system by TipClub for any reason. Additionally,
users are prohibited from selling, trading, or otherwise transferring your TipClub
membership to another party. If you do not qualify for membership, you may not use
the TipClub.com website. Members must have a physical presence in the respective
region they are applying for on the application.
Use of Service
Use of the TipClub.com website is governed by this User Agreement.
TipClub may refuse service without prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of your password and membership,
and are fully responsible for all activities that occur under your password or membership
with or without your knowledge. If you knowingly provide your login and password
information to another person, your membership privileges may be suspended temporarily
or terminated. You agree to immediately notify TipClub of any unauthorized use of
your password or membership or any other breach of security. TipClub cannot and
will not be liable for any loss or damage arising from your failure to comply with
this section.
Termination
You agree that TipClub may, with or without cause, immediately
terminate your TipClub membership and access to the TipClub Service without prior
notice. There are no refunds for any fees paid. Without limiting the foregoing,
the following will lead to a termination by TipClub of a user's use of the TipClub
Service (a) breaches or violations of this User Agreement or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated membership deletions), (d) unexpected technical
issues or problems, and (e) extended periods of inactivity. Termination of your
TipClub membership includes (a) removal of access to all offerings within the TipClub
Service, (b) deletion of your password and all related information, files and content
associated with or inside your membership (or any part thereof), and (c) barring
further use of the TipClub Service. Further, you agree that all terminations shall
be made in TipClub's sole discretion and that TipClub shall not be liable to you
or any third-party for any termination of your membership or access to the TipClub
Service.
Cancellation
Yearly and quarterly memberships are nonrefundable. Monthly memberships
can cancel anytime to discontinue your membership to the TipClub premier membership
and stop the monthly billing. However, you will not be eligible for a prorated refund
of any portion of your current month's paid membership fee. To cancel, please contact
Customer Support at 1-800-798-0270, x92 or email at support@tipclub.com
User Conduct
Members need to understand and agree to the following:
• Create only a single account on the tipclub.com website with accurate, up-to-date,
and truthful information.
• Members primary physical location is the region chosen on the respective application
• Not post content or initiate communications, which are unlawful, libelous, abusive,
obscene, discriminatory, or otherwise objectionable.
• Not use the TipClub Service for any illegal purpose, including but not limited
to conspiring to violate laws.
• Not falsely state, impersonate, or otherwise misrepresent your identity, including
but not limited to the use of a pseudonym, or affiliations with a person or entity,
past or present.
• Not upload, post, email, transmit or otherwise make available any content or initiate
communications which include information that you do not have the right to disclose
or make available under any law or under contractual or fiduciary relationships
(such as insider information, or proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements).
• Not upload, post, email, transmit or otherwise make available any content or initiate
communication that infringes upon patents, trademarks, trade secrets, copyrights
or other proprietary rights.
• Not collect or store personal data about other users, including but not limited
to information about another user's work experience, skills, or reputation information
or metadata such as the number or identity of contacts in another user's TipClub
network.
• Not upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation.
• Not upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment.
• Not stalk or harass anyone.
• Not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any communication transmitted through the TipClub Service.
• Not interfere with or disrupt the TipClub Service or servers or networks connected
to the TipClub Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the TipClub Service.
International Use
Recognizing the global nature of the Internet, you agree to comply
with all applicable local rules including but not limited to rules regarding online
conduct and acceptable content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from the United States
or the country in which you reside.
Information Provided on this Website
In the course of using the TipClub Service, users may provide information
about themselves which may be visible to certain other users (see our Privacy Policy
to learn more about information collected on this website). You understand that
by posting materials on the TipClub website or otherwise providing materials to
TipClub, you are granting to TipClub a royalty-free, perpetual, irrevocable license
to use this information in the course of offering the TipClub service. Furthermore,
you understand that TipClub retains the right to reformat, excerpt, or translate
any materials submitted by you. You understand that all information publicly posted
or privately transmitted through the TipClub Service is the sole responsibility
of the person from which such content originated and that TipClub will not be liable
for any errors or omissions in any content. You understand that TipClub cannot guarantee
the identity of any other users with whom you may interact in the course of using
the TipClub Service. Additionally, we cannot guarantee the authenticity of any data
which users may provide about themselves or relationships they may describe.
Access to Service
Use of manual or automated software, devices, or other processes
to "crawl" or "spider" any web pages contained in the TipClub website is strictly
prohibited. You agree not to monitor or copy, or allow others to monitor or copy,
our web pages or the content included herein. You also agree not to "frame" or otherwise
simulate the appearance or function of this website. Furthermore, you agree not
to take any action that interferes with the proper working of or places an unreasonable
load on our infrastructure, including but not limited to unsolicited communications,
attempts to gain unauthorized access, or transmission or activation of computer
viruses.
TipClub Communications
In the course of providing you services, TipClub may need to communicate
with you via email (see our Privacy Policy to learn more about communications).
You agree to receive emails, which are specific to your membership and necessary
for the normal functioning of the TipClub Service, including a series of up to ten
welcome emails, which help inform new users about various features of the TipClub
Service. You also agree to have your name and/or email address listed in the header
of certain communications, which you initiate through the TipClub Service.
Monitoring and Enforcement
While we have the right to monitor activity and content associated
with the TipClub Service, we are not obligated to do so. And since we do not, and
may not have the ability to, control or actively monitor content we don't guarantee
its accuracy, integrity or quality. Because community standards vary and individuals
sometimes choose not to comply with our policies and practices, in the process of
using our website, you may be exposed to content that you find offensive or objectionable.
You can contact our Customer Service Department to let us know of content that you
find objectionable. We may investigate the complaints and violations of our policies
that come to our attention and may take any action that we believe is appropriate,
including, but not limited to issuing warnings, removing the content or terminating
memberships and/or memberships. However, because situations and interpretations
vary, we also reserve the right not to take any action. Please remember that you
can always choose to refrain from using any part of the TipClub Service that may
expose you to something that you are uncomfortable with. Under no circumstances
will we be liable in any way for any content, including, but not limited to, any
errors or omissions in any content, or any loss or damage of any kind incurred as
a result of the use of, access to, or denial of access to any content on the website.
Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise
hold harmless TipClub, its officers, employees, agents, subsidiaries, affiliates
and other partners from any direct, indirect, incidental, special, consequential
or exemplary damages resulting from i) your use of the TipClub Service; ii) unauthorized
access to or alteration of your communications with or through the TipClub Service,
or iii) any other matter relating to the TipClub Service. Any business transactions
which may arise between users from their use of TipClub are the sole responsibility
of the users involved. You understand and agree that TipClub may disclose information
if required to do so by law or in the good faith belief that such disclosure is
reasonably necessary to comply with legal process, enforce this User Agreement,
or protect the rights, property, or safety of TipClub, its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE TIPCLUB SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT TIPCLUB DOES NOT ASSUME ANY RESPONSIBILITY
FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS
BETWEEN USERS. TIPCLUB ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF
ANY COMMUNICATIONS BETWEEN USERS. TIPCLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TIPCLUB MAKES NO WARRANTY THAT (i) THE TIPCLUB SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE TIPCLUB SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE TIPCLUB SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE TIPCLUB SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE TIPCLUB SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIPCLUB OR THROUGH
OR FROM THE TIPCLUB SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
USER AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Entire Agreement
The User Agreement constitutes the entire agreement between you
and TipClub and governs your use of the TipClub Service, superceding any prior agreements
between you and TipClub.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIPCLUB SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF TIPCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL TIPCLUB'S TOTAL
CUMULATIVE DAMAGES EXCEED US$ 100.
Governing Law
The User Agreement between you and TipClub will be governed by
and construed in accordance with the laws of the State of New York without regard
to conflict of laws principles.
General Information
TipClub, the TipClub logo, and other TipClub logos and names are
trademarks and/or service marks of TipClub. You agree not to display or use these
trademarks in any manner without TipClub's prior written permission. The section
titles of this User Agreement are displayed for convenience only and have no legal
effect. Please send any questions or comments or report violations of the User Agreement
to:
TipClub
Attn: User Agreement Issues
110 Halstead Street
Suite 1
Rochester, NY 14610
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