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TipClub User Agreement
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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