Terms of Service
Updated: January 16, 2004
Hello and welcome! We are glad that you are taking the time to read these terms of service (the “Terms”).
These Terms of Service (“Terms of Service”) govern your use of the mobile and internet-based services and business tools offered by RecWhiz.com and the services provided by RecWhiz, LLC, (“RecWhiz,” “we,” “our,” or “us”) to you (“you,” ‘Your” or “Providers”) at and through the website recwhiz.com and (the “Site”) we allow you to create, and the related services we provide (the Site and related services are collectively referred to as the “RecWhiz Service(s)”). The RecWhiz.com is a platform that connects the services of business Providers interaction with clients seeking such services (collectively or individually, the “Clients”). In some cases, you may purchase RecWhiz subscription on ; in such case you will be an “Account Owner” of the RecWhiz.com Services. Account Owners, Recreational Providers and Clients are collectively or individually referred to herein as Users.” Any subscription or registration related to the RecWhiz.com Services (each, a “Subscription”), are subject to these Terms of Service.
We may change these Terms at any time and your future use of our Service following changes to these Terms is subject to you accepting those updated Terms.
The terms “we”, “us”, and “our” refer to RecWhiz, LLC. The term “Site” refers to RecWhiz.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
RecWhiz,LLC. and/or its affiliates (“RecWhiz”) provides its products or services to you subject to the following conditions. If you visit or shop through our Sites, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of sale, among other terms that may affect your legal rights.
Acceptance Terms
The “Terms” consist of these Conditions of Use, the RecWhiz Privacy Policy and any supplemental terms, legal notices and other communications provided to you. These Terms govern your use Of the website offered by RecWhiz at www.recwhiz.com
(including any mobile, touch or other versions) (each a “Site”), and all products or services accessed through the Sites
(collectively “Services”). These Terms constitute a binding legal agreement (“Agreement,” though we may use “Terms” interchangeably with “Agreement” herein) in electronic form between you (‘You,” “your” and/or “yourself’) and RecWhiz,LLC.
and its successors, subsidiaries and affiliates (“RecWhiz,” “we,” “us” and/or “Off’). By using the Sites and/or Services, you agree to these Terms. IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR
SERVICES. BY USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.
About the Site
The Site is an online marketplace created for customers to locate third parties (recreational providers) and book (“activities”) for themselves or family members and for businesses (“Providers”) to sell and promote their activities/programs. RecWhiz does not sell, own, create, control or manage activities. Providers are the sellers and issuers of the Provider Offerings and are solely responsible to you for the care, quality, and delivery of the services provided.
Activities and pricing on the Site may change at any time in sole discretion, without notice.
Electronic Communications
The communications between you and RecWhiz are electronic. You consent to receive communications from RecWhiz in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we collect, use and protect your personal data. we encourage you to read the Privacy Policy to help make important decionss when using our Sites and Services. The Privacy Policy is incorporated herein by reference.
Use of Site and Services
Your permission to use the Sites and/or Services is conditioned upon your agreement that you: are 18 years of age or older to use the Site; will comply with these Terms; are able to form a binding contract with us; are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us; are not acting on behalf Of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us; will not impersonate another user Of the Sites and/or Services.
Access to Sites and Services
Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or
Services. You are expressly prohibited from: any resale or commercial use Of the Sites, the Services, the Contents and/or any Of the other contents or materials found thereon; any collection and use of any descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to RecWhiz, the Providers or any other merchants featured hereunder or any commercial purpose, including marketing; any downloading or copying of Site or account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; deep-linking to any portion of the Site; framing or utilizing framing techniques to enclose any portion of the Site without express written consent; using the Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; attempting to gain access to secured portions of the Sites and/or
Services to which you do not possess access rights; using the Site and/or Services to generate unsolicited email advertisements or spam; or using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services. Any unauthorized use of the Sites, Services, interfering in any way with the proper functioning Of the Site and/or Services. Any unauthorized use Of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms.
Your Account
You may register to use the Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You agree to notify RecWhiz immediately Of any unauthorized use Of your account. You understand and agree that RecWhiz shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use Of your account. You are solely responsible for maintaining the security Of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account. The Site may permit you to make purchases without an account or without logging in to your account. If you make a purchase in this manner, we will create an account for you based on the information provided to us in connection with the transaction (e.g., your name, address, e-mail address, and other transaction information). Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information) will cause your account to fall out of good standing and we may cancel your account in our sole discretion. upon termination, the provisions of these Terms that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive.
Trial Period
RecWhiz may offer trial memberships for one month. After the trial period, you acknowledge that your membership will automatically convert to a regular monthly Subscription for the then-applicable Fees unless canceled by written notice as set forth below prior to the end of your trial period.
Subscription Cancellation or Account Deletion
You may cancel your Subscription or delete your Account at any time by following the appropriate procedures within RecWhiz or notifying info@recwhiz.com. Cancellation Of your Subscription means that you will no longer have access to your Account or your Account data, and we will cease billing you on your next billing cycle. If you cancel your subscription, you may reinstate your Account by contacting info@recwhiz.com. Deletion of your Account means that we will delete all of your Account data, except as required by applicable law, and we will cease billing you on your next billing cycle. You may not reinstate your Account after an Account deletion request as we will no longer have access to your Account data.
You must cancel your Subscription or delete your Account prior to your next billing cycle to avoid charges for the following billing cycle. If you do not cancel your Subscription or delete your Account prior to your next billing cycle, then you will be automatically charged for the subsequent month. All Subscription Fees are non-refundable. You acknowledge that you are ineligible for a pro-rated refund Of any amount Of the Subscription Fees paid for the then-current monthly subscription cycle at which you request cancellation Of your Subscription or deletion of your Account. For any questions related to your individual billing cycle, please log onto your Account to view your billing cycle information or contact us at info@recwhiz.com.
Bill Cycle
Your Subscription to the RecWhiz commences on the date that you sign up for a Subscription or on the date following the end
Of your free trial period. Unless otherwise stated at the time Of sign up, each Subscription runs on a one-month cycle
(“Subscription Period”) and will automatically renew monthly until you cancel your Subscription or delete your Account by following the appropriate procedures within RecWhiz or notifying info@recwhiz.com, unless we have terminated your Account prior. You will be billed on the first date of your Subscription (For example, if your Subscription begins on Feb. 1st, it will renew on March 1st.) or if your Subscription begins on a date that is not existent in every billing cycle (e.g. the 31st), you will be billed on the last day Of every month.
Provider Obligations
As a Provider you are solely responsible for obtaining all licenses and other permissions required to offer or provide any activities and RecWhiz assumes no responsibility for a Provider’s failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations. You agree that RecWhiz is not an agent, employer, or insurer, for you as a Provider. If a Customer purchases any Of your Activities/Programs, any agreement you enter into with such Customer is between you and the Customer. RecWhiz is authorized to serve as your limited agent purely for the purpose Of accepting payments from Customers on your behalf and transmitting payments to you (minus our Fees). You acknowledge and agree that, as a Provider, you are responsible for your own acts and omissions while using the Services. Moreover, RecWhiz, has the preference to revise activity descriptions to abide to our marketplace caliber. RecWhiz has discretion as to which Activities we IISt on tne marketplace ana we reserve tne rignt to decone any ActiVlty or elitnnate Activities trom tne marketplace tor any reason.
Third Party Link and Content
Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites and/or Services. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE
PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. RESORTPASS ENCOURAGES YOU ro REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH
AND ANY THIRD-PARTY SITE THAT YOU VISIT.
User Content
rhe Site or Service may now or in the future permit the submission Of videos or other communications submitted by you and
Zither users (“1Jser Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether not such User Content is published, Company does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. You grant Company a license to use the materials you post to the Site or Service. By posting, displaying, performing, transmitting, or otherwise distributing information or other content User Content to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works from User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your user Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Termination
We may terminate, change, suspend or discontinue any aspect Of RecWhiz (including, without limitation, content, features, or hours Of availability), at any time and for any reason. We also reserve the right to transfer our business and the RecWhiz Services to a third party. We may restrict, suspend or terminate your Account or your access to the RecWhiz Services if we believe you are in breach of these Terms of Service or applicable law, or for any other reason without notice or liability.
If we have terminated your Account or have otherwise canceled your access to the RecWhiz Services, except where cancellation of your Subscription or deletion of your Account is initiated solely by you, you may not return to the RecWhiz
Services for any reason or in any manner without RecWhiz’s prior written consent, including by using the RecWhiz Services under a new username or identity. In the event that you do return, or attempt to return, to the RecWhiz Services after we have terminated your Account, you will be deemed to have breached these Terms of Service, and we reserve the rights to obtain reimbursement from you for any costs and expenses incurred to enforce these Terms of Service and otherwise to pursue all rights and remedies available at law or in equity with respect to such breach.
If your Account is terminated by RecWhiz or deleted by you, or if you cancel your Subscription, note that the following will occur: any pending transactions will be canceled, any funds that are being held for you in custody at the time Of the termination, deletion, or cancellation, less any Fees, will be paid out according to your payout schedule, assuming all payoutrelated requirements have been fulfilled. Your funds may be held if there is a pending investigation at the time of your Account termination or deletion or Subscription cancellation. If the investigation yields that you are entitled to some or all of the funds in dispute, we will promptly release those funds to you.
Additionally, if your Account is terminated by RecWhiz or deleted by you, or if you cancel your Subscription, for any reason or for no reason at all, you agree that (i) you will be bound by these Terms Of Service to the extent such obligations survive termination or deletion of your Account or cancellation Of your Subscription; (ii) you will immediately stop using the RecWhiz Services; (iii) any licenses to any of the RecWhiz Services granted to you under these Terms of Service shall end; (iv) your access to third-party platforms via the GlossGenius Services will be canceled; and (v) RecWhiz may retain all Account data (a) as required by law and/or (b) in its ordinary course of business as maintained in its data retention and backup systems; provided that RecWhiz may only use Account data pursuant to its Privacy Policy and in accordance with applicable laws. Notwithstanding the foregoing, if your Account is deleted by you in accordance with these Terms of Service, then RecWhiz will process deletion of your Account data, except for any Account data that we are legally permitted to retain, such as tax documents. RecWhiz is not liable for anv comoensation. reimbursement or damaees in connection with the termination or deletion of vour Account. tne cancellation OT your suoscnptlon, or any termination OT access to a tmra-party plattorm via tne KecvvnlZ services.
Termination or deletion Of your Account or cancellation Of your Subscription does not relieve you Of any obligations to pay any
Fees, debts or costs accrued in connection with use Of the RecWhiz Services.
Idemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorneys fees, related to your violation of these Terms or use of our Website or Services.
General Terms You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationsmp or agency relatlonsrup. I nere are no tntra-party Denenaanes or tnlS Agreement. vve may assgn ums Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. you AND RESORTPASS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO RESORTPASS MUST COMMENCE WITHIN ONE (1 ) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You represent that you are legally able to accept these Terms. You affirm that you are either more
than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representauons ana warranues sec rorcn In rms Agreement, ana co atmae oy ana compy Witn rms Agreement. IT you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.
No Warranties
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE
SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE JNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
:OMPANY OR ANY EMPLOYEE OR REPRESENTATIVE OF COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
NARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF USE.
Limited Liability
(NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL RECWHIZ, ANY OF ITS AFFILIATES OR REPRESENTATIVES,
OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING
FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE RECWHIZ SERVICES, INCLUDING, Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 126 York Street, Suite 200 Ottawa Ontario Canada Kl N 5T5.
Changes to Terms and Conditions
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates BUT NOT LIMITED TO, ANY LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL
AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE RECWHIZ SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO RECWHIZ FOR YOUR USE OF THE RECWHIZ SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH
THE CLAIM AROSE. IF YOU ARE DISSATISFIED WITH THE RECWHIZ SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING
THE RECWHIZ SERVICES.
Any changes to our website IS your responsibility to check our WEBSITE periodinccally for changes. Your continued use Of or access to our website or the Service following the posting Of any changes to these Terms Of Service constitutes acceptance of those changes.
Contact Information
Questions about the Terms of Service should be sent to us at info@recwhiz.com