Updated: 01/01/20

Terms of Use

Black Card LLC d/b/a Luxury Card (“Luxury Card,” "we," or "us") supports this website (the "Site") to provide information about Luxury Card products and services, and to connect users to a page where they can apply for a Luxury Card credit card product (the "Services").

The terms, conditions and guidelines associated with use of the Services, the Site and any content (collectively, the "Content") available on the Site 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.

Except as is provided in Luxury Card’s privacy policy (which is incorporated into this TOU below), Luxury Card may update or change this TOU from time to time 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 Services immediately without notice.

Eligibility

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.

Privacy

Luxury Card knows how important privacy is to you and is committed to honoring your privacy. You can review Luxury Card’s privacy policy, which is incorporated by reference into this TOU, at https://www.luxurycard.com/privacy.

If you request additional information from us about our products and services that is not available on the Site, our employees, affiliates or third-party providers may need to access your accounts and records to process your request.

Credit Card Applications and Links to Third-Party Sites

If you apply for a Luxury Card credit card product from this Site, this Site will automatically direct you to an application page, https://apply.luxurycard.com/apply/Application.action, owned and operated by Barclays Bank Delaware (“Barclays”). The application and offer process 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 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.

General Disclaimer

THE SITE, ALL THIRD-PARTY LINKED SITES AND ALL SERVICES, CONTENT AND MATERIALS PROVIDED IN THE SITE 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.

Limitation of Liability

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, THE SERVICES AVAILABLE ON OR THROUGH THE SITE, ANY WEBSITES OR SERVICES LINKED TO THE SITE OR THE MATERIALS OR INFORMATION CONTAINED AT OR AVAILABLE THROUGH THE SITE. THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS 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.

Prohibited Uses

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:

  1. Violate the intellectual property rights or other rights of others;
  2. Distribute computer viruses, worms or any software intended to damage or alter a computer system without the owner's consent;
  3. Use "auto-responders, "cancel-bots", or other similar mechanisms that generate excessive network traffic;
  4. Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or similarly tortious or otherwise objectionable material;
  5. Post any misleading, inaccurate or fraudulent information;
  6. Harvest or otherwise collect information about others, including email addresses, without their consent;
  7. 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
  8. 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.
Termination

Luxury Card may terminate the Services and access to this Site 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.

Proprietary Rights
Software

You acknowledge and agree that the Service and any software of Luxury Card or its third-party providers used in connection with the Service ("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 Service. You agree not to access the Service by any means other than through this Site, and any Web interface or telephone access numbers that may be provided by Luxury Card for use in accessing the Service.

Trademarks

The trademarks appearing on the Site, 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 may be copied or retransmitted unless expressly permitted by Luxury Card. Other product and company names mentioned on the Site may be the trademarks of their respective owners.

Copyright

All materials on the Site 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, please contact concierge@luxurycard.com.

Indemnity

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, if any, 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.

Notice

All notices to a party shall be in writing. Notices to Luxury Card shall be sent to its customer service email address concierge@luxurycard.com. If you provide your e-mail or postal address when you request information from the Site, 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.

Changes to Site and Services

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.

Applicable Laws

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. Luxury Card makes no representation that materials on the Site 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 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.

General Terms

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.

Luxury Card marks are property of Black Card LLC. BLACKCARD is a registered trademark used under license. Luxury Card products are issued by Barclays Bank Delaware pursuant to a license by Mastercard International Incorporated, owner of registered trademarks MASTERCARD, WORLD ELITE MASTERCARD and the circles design. All trademarks are the property of their respective owners.

Copyright © 2020 Black Card LLC