TERMS OF USE
These Terms of Use constitute a legally binding agreement between you and Black Card LLC d/b/a Luxury Card (“Luxury Card,” "we," or "us") concerning your access to and use of (i) Luxury Card websites (the “Sites”), which include luxurycard.com and luxurycardtravel.com, (ii) the Luxury Card mobile app, (iii) any other online service operated by Luxury Card that links to these Terms of Use and (iv) any products or services offered by Luxury Card therein (collectively with the Sites, mobile app and other Luxury Card online services, the “Services”)
The terms, conditions and guidelines associated with use of the Services, the Site and any content (collectively, the "Content") available thereon are set forth in this Terms of Use Agreement ("TOU"). Please read this TOU carefully before you use the Services or the Site. By using the Services or the Site you ("you" or "your," as appropriate) agree to abide by the terms, conditions and guidelines set forth in this TOU. If you do not agree to this TOU, you may not use this Site or the Services.
Luxury Card may update or change this TOU from time to time with or without notice. Such changes will be effective on the date that such modified TOU is posted on the Site. USE OF THE SITE OR SERVICES AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUTES ACCEPTANCE OF ALL CHANGES.
Please also note that if Luxury Card determines at any time that you have abused or violated any of these terms, conditions or guidelines, Luxury Card reserves the right to terminate your access to the Site and the Services immediately without notice.
The Services and the Site are not available to individuals under the age of eighteen (18). If you do not qualify, you may not use the Services or the Site.
Luxury Card knows how important privacy is to you and is committed to honoring your privacy. You can review Luxury Card’s privacy policy by clicking on the “Privacy Policy” link at the bottom of the Site or accessing settings in the mobile app. The privacy policy is not a contract; it consists of disclosures we make pursuant to applicable laws about how we collect, use and share personal information, as well as related rights you may have.
If you request additional information from us about our products and services that is not available on the Site or the Services, our employees, affiliates or third-party providers may need to access your accounts and records to process your request.
If you apply for a Luxury Card credit card product from the Site, the Site will automatically direct you to an application page owned and operated by Barclays Bank Delaware (“Barclays”). The application and offer process is not part of our Services; it is governed by Barclays’ terms and conditions, including Barclays’ Privacy Policy (see Luxury Card’s Privacy Policy for a link to Barclays’ Privacy Policy).
Third-party content, offers or sites to which the Site or the Services may link ("Third-Party Content or Third-Party Linked Sites") are not in any way under Luxury Card’s control, and LUXURY CARD DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, SERVICES, GOODS OR OTHER MATERIALS AVAILABLE IN THIRD-PARTY CONTENT OR ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH CONTENT OR SITES.
THE SITE, ALL THIRD-PARTY LINKED SITES AND ALL SERVICES, CONTENT AND MATERIALS PROVIDED IN THE SITE OR THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE OF SUCH SITES, SERVICES, CONTENT AND MATERIALS IS AT YOUR OWN RISK. LUXURY CARD DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, INFRINGEMENT AND QUIET ENJOYMENT.
IN NO EVENT WILL LUXURY CARD, ANY OF ITS PARTNERS, PROVIDERS OR AFFILIATES, INCLUDING THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE OR THE SERVICES, ANY WEBSITES OR SERVICES LINKED TO THE SITE OR THE SERVICES OR THE MATERIALS OR INFORMATION CONTAINED AT OR AVAILABLE THROUGH THE SITE OR THE SERVICES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3)-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR (II) ONE HUNDRED US DOLLARS. THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A MATERIAL TERM OF THIS TOU, AND LUXURY CARD WOULD NOT HAVE PERMITTED YOU TO USE THE SITE OR THE SERVICES ABSENT SUCH LIMITATIONS. Some jurisdictions do not permit the exclusion or limitation of liability. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.
As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site for improper purposes such as to:
- Violate the intellectual property rights or other rights of others;
- Distribute computer viruses, worms or any software intended to damage or alter a computer system without the owner's consent;
- Use "auto-responders,” "cancel-bots" or other similar mechanisms that generate excessive network traffic;
- Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or similarly tortious or otherwise objectionable material;
- Post any misleading, inaccurate or fraudulent information;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Create a false identity or forged email address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; or
- Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Site through login password mining or any other means.
Luxury Card may terminate your access to the Site or the Services at any time without notice in its sole discretion. In the event of a termination, the Links to Third-Party Sites, General Disclaimer, Limitation of Liability, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws and General Terms Sections set forth in this TOU shall survive. Users who violate this TOU may additionally incur criminal and/or civil liability. Luxury Card may refer violators to civil or criminal authorities for prosecution and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.
You acknowledge and agree that the Services and any software of Luxury Card or its third-party providers used in connection with the Site or the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site or the Services. You agree not to access the Site or the Services by any means other than through any web interface, application or telephone access numbers that may be provided by Luxury Card for such use.
The trademarks appearing on the Site and the Services, including those of Luxury Card, are the property of their respective owners. Luxury Card’s trademarks may be used only with the express written permission of Luxury Card. The design and layout of the Site and all other websites and mobile applications owned, operated, licensed or controlled by Luxury Card or its affiliates are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image or animation from the Site or the Services may be copied or retransmitted unless expressly permitted by Luxury Card. Other product and company names mentioned on the Site or the Services may be the trademarks of their respective owners.
All materials on the Site and the Services are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. The materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted or downloaded in any way without Luxury Card’s express written permission, except that you may download one copy of the Content for your personal, noncommercial use, provided that all copyright and proprietary notice are displayed on such downloaded content. All rights not expressly granted herein are reserved by Luxury Card. If you are aware of any copyright violations on the Site or the Services, please contact concierge@luxurycard.com.
You agree to indemnify, defend at your expense and hold harmless Luxury Card and its third-party providers, and their subsidiaries, affiliates, members, officers, directors, employees, consultants and agents, from any and all third-party claims and any and all liability, damages and costs (including, but not limited to, attorneys' fees) arising from or relating to (i) your use of the Services and/or the Site, (ii) any content you post, email, transmit or relay either to Luxury Card or by use of the Services or the Site, (iii) your violation of the TOU or (iv) your alleged infringement of any intellectual property or other right of any person or entity.
All notices to a party shall be in writing. Notices to Luxury Card shall be sent to its customer service email address at concierge@luxurycard.com. If you provide your email or postal address when you request information from the Site or the Services, and if we must provide notices to you, the notices to you shall be sent to the email address or postal address you provided. Notice shall be deemed given 24 hours after an email that is not returned to the sender is sent, or three days after deposit in the US mail, as applicable.
Luxury Card reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, delivery services, databases or Content. Luxury Card may also impose limits on features or restrict access to parts of the Site.
Both you and Luxury Card agree that the statutes and laws of the State of Wyoming, without regard to the conflicts of laws principles, will govern all matters relating in any way to this TOU or to your use of the Site or the Services. Luxury Card makes no representation that materials on the Site or the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site or the Services from outside the State of Wyoming do so on their own initiative and are responsible for compliance with local laws. This Agreement is personal to you, and you may not assign your rights or obligations to anyone.
Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Laramie County, Wyoming, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. In no event shall any claim, action or proceeding brought by either Party related in any way to the Site or the Services be commenced more than one (1) year after the cause of action arose.
If any provision(s) of the TOU is found to be contrary to law, then such provision(s) are to be construed, as nearly as possible, to reflect the intentions of the Parties with the other provisions remaining in full force and effect. Luxury Card’s failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. The TOU constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOU will be effective only if unambiguously made in writing and signed by Luxury Card. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this TOU or use of the Site or the Services. You agree that the TOU will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of the TOU and the lack of signing by the Parties hereto to execute the TOU.