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IMPORTANT: ALL USERS MUST READ THIS SECTION
WWW.2GOCLUB.COM
ACCEPTANCE OF TERMS AND CONDITIONS
By using this site (the "Site"), you ("you" or the "End User") agree to the terms
and conditions that we ("2GOclub.com") have provided. If you do not wish to agree
to the outlined terms and conditions (the "Terms of Use" or "Agreement"), please
refrain from using the Site.
2GOclub.com reserves the right to make any changes to our Terms of Use and/or our
Privacy Policy (which is incorporated herein by reference) as we deem necessary
or desirable without prior notification to you. We suggest to you, therefore, that
you re-read this important notice containing our Terms of Use and Privacy Policy
from time to time in order that you stay informed as to any such changes. If we
make changes to our Terms of Use and/or Privacy Policy and you continue to use our
Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed
herein.
Terms Of Use
1. Definitions.
"2GOclub.com" provides an interactive online service operated by Summit Quest, LLC
on the World Wide Web of the Internet (the "Web"), consisting of information services,
content and transaction capabilities provided by 2GOclub.com, affiliates of 2GOclub.com,
franchisees of 2GOclub.com and other third parties.
2. General.
This agreement sets forth the terms and conditions that apply to the use of this
Site by the End User. By using this Site (other than to read this Agreement for
the first time), End User agrees to comply with all of the terms and conditions
hereof. The right to use this Site is personal to the End User and is not transferable
to any other person or entity, if any. End User acknowledges that although the Internet
is often a secure environment, sometimes there are interruptions in service or events
that are beyond the control of 2GOclub.com, and 2GOclub.com shall not be responsible
for any data lost while transmitting information on the Internet. While 2GOclub.com's
objective is to make the Site accessible 24 hours per day, 7 days per week, the
Site may be unavailable from time to time for any reason including, without limitation,
routine maintenance. You understand and acknowledge that due to circumstances both
within and outside of the control of 2GOclub.com, access to the Site may be interrupted,
suspended or terminated from time to time.
2GOclub.com shall have the right at any time to change or discontinue any aspect
or feature of 2GOclub.com, including, but not limited to, content, hours of availability
and equipment needed for access or use. Further, 2GOclub.com may discontinue disseminating
any portion of information or category of information, may change or eliminate any
transmission method and may change transmission speeds or
other signal characteristics.
3. Modified Terms.
2GOclub.com reserves the right at all times to discontinue or modify any of our
Terms of Use and/or our Privacy Policy as we deem necessary or desirable without
prior notification to you. Such changes may include, among other things, the adding
of certain fees or charges. We suggest to you, therefore, that you re-read this
important notice containing our Terms of Use and Privacy Policy from time to time
in order that you stay informed as to any such changes. If we make changes to our
Terms of Use and/or Privacy Policy and you continue to use our Site, you are impliedly
agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions
or modifications shall be effective immediately upon 2GOclub.com's posting thereof.
Any use of 2GOclub.com by End User after such notice shall be deemed to constitute
acceptance by End User of such modifications.
4. Equipment.
End User shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of this Site and all charges
related thereto. 2GOclub.com shall not be liable for any damages to End User's equipment
resulting from use of this Site.
5 End User Conduct,
This Site and any individual restaurant Microsites now or hereinafter contained
within or otherwise available through external hyperlinks with our Site (the "Microsites")
are private property. All interactions on this Site and/or Microsites must comply
with these Terms of Use. Although we welcome and encourage user interaction on our
Site, we do insist and require that all End Users restrict any and all activity
in connection with the use of the Site and the Microsites to that which involves
lawful purposes only. End User shall not post or transmit through this Site any
material which violates or infringes in any way upon the rights of others, or any
material which is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar or obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or which, without 2GOclub.com's express
prior, written approval, contains advertising or any solicitation with respect to
products or services. Any conduct by and End User that in 2GOclub.com's exclusive
discretion restricts or inhibits any other End User from using or enjoying this
Site and/or and of the Microsites is strictly prohibited. End User shall not use
this Sit or any of the Microsites to advertise or perform any commercial, religious,
political or non-commercial solicitation, including, but not limited to, the solicitation
of user of the Site and/or the Microsites to become users of other on- or offline
services directly or indirectly competitive or potentially competitive with 2GOclub.com.
The foregoing provisions of this Section 5 apply equally to and are for the benefit
of 2GOclub.com, its subsidiaries, affiliates, franchisees and its third party content
providers and licensors, and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
6. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive
property of Summit Quest, LLC or used with the express permission of the copyright
and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING,
DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT
THE EXPRESS WRITTEN PERMISSION OF SUMMIT QUEST. LLC. IS STRICTLY PROHIBITED. Any
violation of this policy may result in a copyright, trademark or other intellectual
property right infringement that may subject End User to civil and/or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information,
including, but not limited to, text, software, photos, video, graphics, music, sound,
and the entire contents of 2GOclub.com protected by copyright as a collective work
under the United States copyright laws. 2GOclub.com owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the content
original to it. End User may not modify, publish, transmit, participate in the transfer
or sale, create derivative works, or in any way exploit, any of the content, in
whole or in part. End User may download / print / save copyrighted material for
End User's personal use only. Except as otherwise expressly stated under copyright
law, no copying, redistribution, retransmission, publication or commercial exploitation
of downloaded material without the express permission of 2GOclub.com and the copyright
owner is permitted. If copying, redistribution or publication of copyrighted material
is permitted, no changes in or deletion of author attribution, trademark legend
or copyright notice shall be made. End User acknowledges that he/she/it does not
acquire any ownership rights by downloading, copyrighted material. Trademarks that
are located within or on the Site or a Web site otherwise owned or operated in conjunction
with 2GOclub.com shall not be deemed to be in the public domain but rather the exclusive
property of 2GOclub.com, unless such site is under license from the Trademark owner
thereof in which case such license is for the exclusive benefit and use of 2GOclub.com,
unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material
protected by copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other proprietary right.
2GOclub.com does not have any express burden or responsibility to provide End User
with indications, markings or anything else that may aid End User in determining
whether the material in question is copyrighted or trademarked. End User shall be
solely liable for any damage resulting from any infringement of copyrights, trademarks,
proprietary rights or any other harm resulting from any infringement of copyrights,
trademarks, proprietary rights or any other harm resulting from such a submission.
By submitting material to any public area of this Site, End User warrants that the
owner of such material has expressly granted 2GOclub.com the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such material. End
User also permits any other end user to access, view, store or reproduce the material
for that end user's personal use. End User hereby grants 2GOclub.com the right to
edit, copy, publish and distribute any material made available on this Site by End
User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of
2GOclub.com, it subsidiaries, affiliates, franchisees and its third party content
providers and licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER'S
SOLE RISK. NEITHER 2GOCLUB.COM, ITS AFFILIATES, FRANCHISEES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF
THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO
(I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH
THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END
USER SPECIFICALLY ACKNOWLEDGES THAT 2GOCLUB.COM IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL 2GOCLUB.COM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING
OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER 2GOCLUB.COM, NOR ITS AFFILIATES,
FRANCHISEES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS
OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR LACK OF TIMELINESS OR LACK OF AUTHENTICITY OF, THE INFORMATION CONTAINED
WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE
FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES.
2GOCLUB.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR UNAUTHORIZED
USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES, ANY CONTENT THAT IS POSTED
OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY 2GOCLUB.COM.
MOREOVER, 2GOCLUB.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT
ANY AND ALL CONTENT THAT IT, 2GOCLUB.COM, DEEMS UNSUITABLE.
8. Monitoring.
2GOclub.com shall have the right, but not the obligation, to monitor the content
of the Site at all times, including any chat rooms and forums that may hereinafter
be included as part of the Site, to determine compliance with this Agreement and
any operating rules established by 2GOclub.com, as well as to satisfy any applicable
law, regulation or authorized government request. Without limiting the foregoing.
2GOclub.com shall have the right to remove any material that 2GOclub.com, in its
sole discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
9 Privacy.
End User acknowledges that all discussion for ratings, comments, bulletin board
service, chat rooms and/or other message or communication facilities (collectively
"Communities") are public and not private communications, and that, therefore, others
may read End User's communications without End User's knowledge. 2GOclub.com does
not control or endorse the content, messages or information found in any Community,
and, therefore, 2GOclub.com specifically disclaims any liability concerning the
Communities and any actions resulting from End Users participation in any Community,
including any objectionable content. Generally, any communication which End User
posts to 2GOclub.com (whether in chat rooms, discussion groups, message boards or
otherwise) is considered to be non-confidential. If particular web pages permit
the submission of communications that will be treated by 2GOclub.com as confidential,
that fact will be stated on those pages. By posting comments, messages, or other
information on the Site, End User grants 2GOclub.com the right to use such comments,
messages or information for promotions, advertising, market research or any other
lawful purpose. For more information see 2GOclub.com's Privacy Policy.
10. License Grant.
By posting communications on or through this Site, End User shall be deemed to have
granted to 2GOclub.com a royalty-free, perpetual, irrevocable, non-exclusive license
to use, reproduce, modify, publish, edit, translate, distribute, perform and display
the communication alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such rights through
multiple tiers of sub-licensees.
11. Indemnification.
End User agrees to defend, indemnify and hold harmless 2GOclub.com, its affiliates,
franchisees and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys' fees, arising out of the
use of this Site and/or the Microsites by End User.
12. Termination.
2GOclub.com may terminate this Agreement at any time. Without limiting the foregoing,
2GOclub.com shall have the right to immediately terminate any passwords or accounts
of End User in the event of any conduct by End User which 2GOclub.com, in its sole
discretion, considers to be unacceptable, or in the event of any breach by End User
of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive
termination of this Agreement.
13. Trademarks.
2GOclub.com is a trademark of Summit Quest, LLC. All rights in respect of this trademark
are hereby expressly reserved. Unless otherwise indicated, all other trademarks
appearing on 2GOclub.com are the property of their respective owners.
14. Third Party Content.
2GOclub.com, similar to an Internet Service Provider, is a distributor (and not
a publisher) of content supplied by third parties and End Users. Accordingly, 2GOclub.com
has no more editorial control over such content than does a public library, bookstore
or newsstand. Any onions, advice, statements, services, offers, or other information
or content expressed or made available by third parties, including information providers,
or any other end users are those of the respective author(s) or distributor(s) and
not of 2GOclub.com. Neither 2GOclub.com nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose. (Refer to Section 6 above for the complete
provisions governing limitation of liabilities and disclaimers of warranty).
In many instances, the content available through this Site represents the opinions
and judgments of the respective information provider, end user, or other user not
under contract with 2GOclub.com. 2GOclub.com neither endorses or is responsible
for the accuracy or reliability of any opinion, advice or statement made on 2GOclub.com
by anyone other than authorized 2GOclub.com employee spokespersons while acting
in official capacities. Under no circumstances will 2GOclub.com be liable for any
loss or damage caused by and end user's reliance on information obtained through
2GOclub.com. It is the responsibility of End User to evaluate the accuracy, completeness,
or usefulness of any information, opinion, advice, etc., or other content available
through 2GOclub.com.
2GOclub.com contains links to third party Web sites maintained by other content
providers. These links are provided solely as a convenience to you and not as an
endorsement by 2GOclub.com of the contents on such third-party sites and 2GOclub.com
hereby expressly disclaims any representations regarding the content or accuracy
of materials on such third-party Web sites. If End User decides to access linked
third-party Web sites, End User does so at its own risk. Unless you have executed
a written agreement with 2GOclub.com expressly permitting you to do so, you may
not provide a hyperlink to the Site from any other website. 2GOclub.com reserves
the right to revoke its consent to any link at any time in its sole discretion.
15. Miscellaneous.
This Agreement and any operating rules for 2GOclub.com established by 2GOclub.com
constitute the entire agreement of the parties with respect to the subject matter
hereof. No waiver by either party of any breach or default hereunder is a waiver
of any preceding or subsequent breach or default. The section headings used herein
are for convenience only and shall be of no legal force of effect. If any provision
of this Agreement is held invalid by a court competent jurisdiction, such invalidity
shall not affect the enforceability of any other provisions contained in this Agreement
and the remaining portions of this Agreement shall continue in full force and effect.
The failure of either party to exercise any of its rights under this Agreement shall
not be deemed a waiver or forfeiture of such rights or any other rights provided
hereunder.
2GOclub.com's headquarters are in Lake Stevens, Washington. Legal issues arising
out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise
specifically stated) are governed by and in accordance with the laws of the State
of Washington (exclusive of its rules regarding conflicts of laws). By using this
Site, End User agrees than any dispute or claim arising out of or in connection
with this Agreement or the performance, breach or termination thereof, or the Site
or any Microsite, shall be finally settled by arbitration in Seattle, Washington
under the rules of the American Arbitration Association.
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