Terms of Use

Last Updated: 07-Mar-2019

1. Acceptance of Terms and Conditions

This website (or mobile app) and the services offered on it (the "Service") are owned and operated by Passport Unlimited, Inc. ("Passport Unlimited"). The Service is provided to you pursuant to the terms and conditions of this Terms of Use and any operating rules or policies that may be published by Passport Unlimited (including the Privacy Statement), as may be amended from time to time (the "Agreements"). BY USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENTS.

2. Billing Transactions

Passport Unlimited offers a variety of for-fee memberships and membership upgrade features; the purchase options available to you will vary based on your membership.

2.1 When performing a transaction which requires billing (such as when purchasing a personal membership or subscribing to a membership upgrade) you will be asked to provide additional information, including: credit card number, credit card security code, and billing address. Billing information is used solely for billing purposes and is not stored by Passport Unlimited. When provided online or through the mobile app, your credit card information is securely transmitted to and stored with our credit card processor (Authorize.Net or PayPal) and is not available to Passport Unlimited staff unless you provide such information through a phone call with a staff member or complete a paper-based order form.

2.2 Personal Passport Dining memberships, gift cards and gift card packages are billed at the time of purchase. Personal membership purchases are eligible for a full refund when cancelled within 30 days of purchase. When you cancel a personal membership, your physical membership card must be returned in order to be eligible for a refund. Annual membership upgrades applied to personal Passport Dining memberships are billed at the time of purchase.

2.3 Annual membership upgrades applied to mobile memberships are always billed at a prorated rate. For example: if you purchase a $100 annual upgrade with 200 days remaining in your mobile membership period, you would be charged $54.79 (200/365 days * $100). Annual membership upgrades applied to mobile memberships cannot be cancelled and are non-refundable.

2.4 Monthly membership subscription upgrades applied to mobile memberships are billed at the time of purchase, and each following month in 1-month intervals. For example: if you subscribed to a $10 monthly upgrade on July 5th, you would be billed $10 when you subscribe, and $10 on the 5th of each subsequent month. You may cancel a monthly subscription at any time. If you cancel, you will retain access to the upgrade features thru the end of your current billing cycle and will not receive a pro-rata refund of your monthly subscription fee.

3. User Responsibilities and Limitations

By consenting to the Agreements, you agree:

3.1 That the Service is not to be accessed by children under 18 years of age and we do not intend to collect information from children.

3.2 Use of the Service is limited to members, spouses, live-in life partners or significant others and dependents of each member.

3.3 To accurately represent only yourself on the Service, and no other persons, living, dead, or imagined; the Service may only be used by natural persons (i.e., individuals) on their own behalf and not by or on behalf of any commercial entity unless explicitly permitted by Passport Unlimited.

3.4 To provide accurate information to Passport Unlimited and other users of the Service, including, but not limited to, information required to register with the Service and information posted in public areas of the Service.

3.5 To not use the Service to reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, products, or services provided by Passport Unlimited or obtained through the Service without obtaining the express, prior written consent of Passport Unlimited. This restriction includes any attempt to incorporate any information from the Service into any other directory, product or service.

3.6 To provide for your own access to the Service, including but not limited to obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges.

3.7 When utilizing any Service or communicating with anyone with respect to the Service or gifts of the Service, to refrain from: (i) distributing, using or transmitting any pornographic, bullying, intimidating, hateful, harassing, derogatory, degrading, illegal, obscene or threatening speech, language or swear words, images or conduct, or (ii) inciting violence or committing a crime or breach of the peace or law, or (iii) committing fraud or other offensive or controversial behavior or conduct; or (iv) uploading viruses or other malicious code, or (v) infringing the intellectual property rights of Passport Unlimited or others, or (vi) using a false email address or impersonating any person or entity.

You agree that Passport Unlimited reserves the right but not the obligation to monitor such conduct and edit or remove offending activity or conduct and that Passport Unlimited may refuse to post or communicate any language or content you post or request Passport communicate that Passport believes violates any of these provisions.

4. Privacy

As part of the Service registration process, you will provide certain personal information to Passport Unlimited. Your personal information will only be used in accordance with Passport Unlimited's Privacy Policy. Passport Unlimited may inform you by email of changes or additions to the Service or of any Passport Unlimited related products and services, you should check back from time to time on the website and mobile app to see if our Privacy Policy and Terms of Use have changed or been updated. You will know if the published Privacy Policy and Terms of Use on the website have changed since your last visit to the site or app by noticing the latest revision date. Unless stated otherwise, our then current Privacy Policy and Terms of Use apply to all information that we have about you and your account.

5. Vendors and Goods and Services

5.1 Passport Unlimited and/or the entity through whom you obtained your membership (for example, your employer or the person who purchased your card as a gift) expressly disclaim any liability, and will not be liable, for any loss or damage incurred as a result of any interaction between you and a vendor accessible through the Service. All matters, including but not limited to, delivery of goods and services, returns, and warranties and the security of such transactions are solely and strictly between you and the vendor.

5.2 You acknowledge that Passport Unlimited and the company providing your membership access do not endorse or warrant the vendors that are accessible through the Service nor the goods and services that they provide nor for the security of your transactions with such vendors nor for the practices employed by such vendors or their Web sites linked to or from our Web site or mobile app nor the information or content contained therein.

5.3 You acknowledge that discount offers available to members are not valid with any other offers, including (but not limited to) other coupons, promotions, discounts, or specials unless explicitly stated otherwise by the vendor. Offer terms and conditions vary by vendor, please contact participating vendors for details specific to any offer in question.

6. Third Party Content and Links

The Service may contain content supplied by third parties and links to Internet sites maintained by third parties. Passport Unlimited does not, in any respect, control such content or operate such third-party sites and do not guarantee the availability of any email from or links to third-party sites. Third-party content and links are included solely for the convenience of users, and do not constitute any endorsement by Passport Unlimited. Passport Unlimited is not responsible for the accuracy or reliability of third-party information or the security of your interaction with such third parties and you assume sole responsibility for the use of third-party information.

7. Modifications to the Service, the Agreements, and Fees

7.1 Passport Unlimited reserves the right to modify or discontinue the Service at any time without notice to you and Passport Unlimited shall not be liable to you or any third party should Passport Unlimited exercise its right to modify or discontinue the Service.

7.2 Passport Unlimited reserves the right to modify the Agreements at any time. You are responsible for regularly viewing the Agreements. Continued use of the Service following any such changes will constitute your acceptance of such changes.

8. Ownership and Licenses

8.1 All contents of the Service are the property of Passport Unlimited, participating vendors, or advertisers. The compilation (i.e., the collection, arrangement, and assembly) of all content on the Service Web site are copyrighted by Passport Unlimited and is the exclusive property of Passport Unlimited. The Web site and contents of the Service may not be copied, distributed, or transmitted in any way without the prior written consent of Passport Unlimited; provided that you may download, print, and store a single copy of the Service for personal, non-commercial use. Use of Service contents on any other Web site or in a networked computer environment for any purpose is prohibited. You may not modify the content in any way, nor delete any copyright or trademark notice. You may not copy or adapt the HTML code and other software code used by Passport Unlimited to generate the pages of the Service Web site.

8.2 Any information, ideas, suggestions, or communications sent by you to Passport Unlimited through the Service becomes the exclusive property of Passport Unlimited. Subject to the terms of the Privacy Policy, Passport Unlimited is entitled to use, reproduce, disclose, and distribute any information submitted for any purpose without restriction or compensation to you.

8.3 By transmitting any messages or content to public or semipublic areas of the Service, you grant to Passport Unlimited a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, distribute, display, and reproduce the messages and content, and to authorize use and reproduction of the messages and content by other Service users in accordance with the terms of this Agreement.

9. Software

You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Service or made available through the Service.

10. Disclaimer of Warranties

10.1 PASSPORT UNLIMITED PROVIDES THE SERVICE AND ALL RELATED SOFTWARE AND CONTENT TO YOU "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; ANY WARRANTY THAT THE SERVICE OPERATES ERROR FREE OR WITHOUT INTERRUPTION; AND ANY WARRANTY THAT INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE OR RELIABLE. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICE REMAINS WITH YOU.

10.2 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the 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 such material and/or data.

10.3 Passport Unlimited makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service.

10.4 No advice or information, whether oral or written, obtained by you from Passport Unlimited or through the Service shall create any warranty not expressly made herein.

11. Limitation of Liability

PASSPORT UNLIMITED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT, REGARDLESS AS TO WHETHER PASSPORT UNLIMITED HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. PASSPORT UNLIMITED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, INCLUDING WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, REGARDLESS OF WHETHER PASSPORT UNLIMITED HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.

12. Indemnification

You agree to indemnify and hold Passport Unlimited, their affiliates, officers, directors and employees from any and all claims or demands, including the payment of reasonable attorney's fees, arising out of or relating to your use of the Service.

13. Miscellaneous

13.1 The Agreements comprise the entire agreement between you and Passport Unlimited and supersede all prior agreements between the parties regarding the subject matter contained herein. Any waiver of any provision of the Agreements will be effective only if in writing and signed by Passport Unlimited.

13.2 If a court of competent jurisdiction finds any provision or portion of the Agreements to be unenforceable, the remaining provisions of the Agreements will continue in full force and effect.

13.3 Any notices to you or Passport Unlimited shall be made via either email or regular mail. Passport Unlimited may also provide notices of changes to the Agreements or any other matter by displaying notices to you generally on the Service.

13.4 You agree to comply with U.S. law regarding the transmission/export of technical data through the use of the Service.

13.5 The Agreements shall be governed by the laws of the State of Washington without giving effect to provisions related to choice of laws or conflict of laws. Venue and jurisdiction of any lawsuit involving this Agreement will exist exclusively in the state and federal courts in King County, Washington.