TERMS & CONDITIONS

 

The SupperClubb, LLC membership (the "Clubb") is a subscription-based dining service offered by SupperClubb, LLC ("SC"), a Colorado Limited Liability Company. Enrollment, membership, and all related benefits of the Clubb, including the use of the Clubb website or mobile application, are offered to you by SC, at its discretion. The Clubb is restricted to participating SupperClubb restaurants located within the 50 United States, excluding U.S. territories ("Participating Restaurants"). Your participation in this Clubb is subject to these Terms and Conditions (these "Terms"), including any changes made to these Terms in the future.

The Clubb is subject to cancellation or modification at any time without notice.

 

Eligibility

●      Eligible guests must be a legal resident of the 50 United States (excluding U.S. territories), have a valid email address and telephone number.

●      Eligible guests must also have reached the age of majority in their jurisdiction of residence (but no younger than 18 years of age) as of the date of enrollment.

●      The Clubb is provided to individuals only. Businesses, corporations, joint ventures, partnerships, groups, associations, and other non-personal entities are not eligible to participate in the Clubb.

●      All memberships are non-transferable.

 

Enrollment

●      To become a member of the Clubb, eligible Guests must enroll, complete all required information, and successfully accept these Terms (each, a "Member").

●      Guests can choose to enroll in the Clubb through the Clubb website (http://www.supperclubb.co), the mobile application, or an in-restaurant tablet application at participating SC locations.

●      The following Guest information is required to enroll in the Clubb: full name, birthday, email address, phone number, and zip code.

●      All information submitted must be truthful and accurate. It is the Member’s responsibility to ensure that the information provided remains current, and to promptly notify the Clubb (by updating the member’s profile) of any changes.

●      The Member is responsible for restricting access to and maintaining the confidentiality of his/her account and password, and agrees to accept responsibility for the activities of anyone using the Member’s password.

●      All information, whether a result of enrolling or otherwise by participating in the Clubb, is subject to the most current SupperClubb Privacy Policy, which may be updated from time to time.

●      Enrollment will be finalized upon successfully completing the above and acceptance of the Clubb Terms and Conditions.

●      An individual should only have one account. Two or more Members cannot combine, merge or share accounts for any reason.

●      SupperClubb reserves the right at any time to limit Clubb enrollment, or to establish different rules for Clubb participation.

●      SupperClubb may void a Member’s account at any time, for any reason, without notice.

○      If a Member is suspected of fraud or theft or has otherwise acted illegally, or is in violation of these Terms, SC may void membership.

○      If a membership is voided, there shall be no refund for the last month billed.

○      These rights are in addition to any other legal or equitable remedy that may be available to SC under applicable law.

 

 

Clubb Membership Fees

●      Clubb membership is $7 per month (“Monthly Membership Fee”), excluding applicable taxes and fees. Upon enrollment, members are automatically opted into automatic billing each month.

●      SupperClubb does not prorate or allow for a partial month’s service. Upon enrollment, Clubb members are billed for the entire first month. Every subsequent month, Clubb members are billed on the same day of the month in which their subscription began. For the avoidance of doubt, if a member enrolls in SupperClubb on March 7, their March subscription will run from March 7 through April 6 and April 7 will begin month 2, for which the member will have SupperClubb eligibility through May 6. In the event the Clubb member’s new subscription falls on a weekend or Holiday, SupperClubb will bill them for the upcoming month on the next business day.

●      SupperClubb reserves the right to modify the Monthly Membership Fee but in no event will the Monthly Membership Fee be increased without disclosure to the Clubb Member.

●      SupperClubb guarantees that $1 out of every $7 will be donated to Food For Thought, a Denver food charity (“Charitable Donation”). SupperClubb reserves the right to modify, limit or suspend the Charitable Donation at any time for any reason but in no event will any modification, limit or suspension of Charitable Donations be done without notice to SC members.

●      A Member’s continued participation in the Clubb after any modification to the Clubb’s Charitable Donations and/or these Terms will indicate your acceptance of any such modification.

 

Benefits

●      Members can view the benefits by visiting the Clubb website (http://www.supperclubb.co), the mobile application, or an in-restaurant tablet application.

●      Void where prohibited.

 

 

Clubb Communications

●      By enrolling into this Clubb, the Member is opting in to receive Clubb communications sent by email.

○      Members may choose to opt-out of receiving electronic communications containing marketing messages by unsubscribing from email advertising communications.

○      If a Member unsubscribes from receiving Clubb communications, the Clubb reserves the right to send the Clubb Member information by email until the Member terminates his or her membership.

●      The Member may choose to opt-in to mobile communications at a future date by accessing the Member’s account profile preferences and checking the option for communications.

 

Participating Restaurants

●      SC Participating Restaurants can be found on the Mobile App and may be modified by SC at any time without notice.

 

Clubb Promotions and Benefits

●      The Clubb website and mobile application will explain Member benefits and specific details, which are subject to change at any time.

●      Member benefits, promotions, Clubb updates, and account-based operational messages will be communicated to Members via email and disclosed on our Clubb website and mobile applications.

●      The terms of specific Clubb promotions will be disclosed at the time of the offering.

●      SC will not have any liability for (a) any printing, production, typographical, mechanical, or other errors regarding any aspect of the Clubb or (b) any failure to provide Clubb communications.

 

Account Change or Termination

●      A Member may terminate membership in the Clubb at any time via the Clubb website http://www.supperclubb.co or on the Mobile App.

●      Cancellation may take up to ten (10) business days to finalize. During that period, a Member may receive previously scheduled account or promotional emails.

●      Immediately upon membership termination, a Member forfeits entitlement to any Clubb benefit.

 

Clubb Change or Termination

●      SC reserves the right, at its sole discretion, to (a) suspend, change or terminate the Clubb, any individual promotion, or any Member benefit, in whole or in part; (b) modify, limit or suspend the benefits, in any respect;

●      A Member’s continued participation in the Clubb after any modification to the Clubb and/or these Terms will indicate your acceptance of any such modification.

 

Privacy Policy

By applying for enrollment in, and participating in, the Clubb Members are agreeing that we may use the provided information as described in the Privacy Policy available at https://supperclubb.co/privacypolicy.

 

Member Obligations and Representations

By submitting an application to enroll in the Clubb, or by taking part in the Clubb, Members are expressly agreeing to be bound by these Terms, as they may be amended from time to time. Members agree not to misuse Clubb privileges by engaging in conduct that is detrimental to SC or the Clubb, including without limitation: having multiple accounts; making purchases on the behalf of other Members or Non-Members; participating in purchasing fraud; or using any robot, spider, other automatic device or manual process to transact with or monitor the Clubb.

 

Members agree to comply at all times with all laws, rules, and regulations that are applicable to a Member. Members hereby acknowledge that a Member may only participate in the Clubb if and to the extent that such participation is permitted by all applicable laws, rules, and regulations, and that an application for enrollment is subject to SC’s acceptance. SC may refuse at any time to enroll an applicant, or to restrict, modify, or terminate a Member’s participation in the Clubb without liability.

 

Members agree to provide only accurate and true information to SC at all times. Members agree to comply with all of these Terms and with the terms of any affiliated and/or related Clubbs, offers and promotions at all times. Members agree to promptly notify SC of any change in address, whether mail or email, by updating personal information in the Member’s profile. Participation in the Clubb is entirely at the Member’s own risk.

 

Members have no ownership rights in a Clubb account. Members have no third-party beneficiary rights in any agreement between Member and SC, and any sponsor, and the only relationship created by these Terms is between SC and Member. Members may not sell, assign or transfer any of their benefits, any other aspect of a Member’s account, or any rights or obligations of a Member under these Terms, whether by operation of law or otherwise. SC may sell, transfer or assign the Clubb, these Terms, or a Member’s account in whole or in part at any time without notice. If SC makes such an assignment, the sole responsibility for the matters assigned, including any obligations to Members, if any, will lie with the party to which the assignment is made, and SC will be released from any responsibilities or obligations.

 

LIMITATIONS OF LIABILITY AND RELEASE OF CLAIMS AGAINST US

SUPPERCLUBB, LLC AND ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, PARTICIPATING RESTAURANTS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“RELEASED PARTIES”) SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “LOSSES AND DAMAGES”), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE TERMS; (II) THE CLUBB, THE WEBSITE OR THE MOBILE APPLICATION; (III) ANY FAILURE, DELAY OR DECISION BY SC IN ADMINISTERING THE CLUBB; (IV) ANY UNAUTHORIZED USE OF AN ACCOUNT OR ANY BREACH OF SECURITY BEYOND OUR REASONABLE CONTROL; (V) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE CLUBB MADE BY ANY RELEASED PARTY OR ANY OTHER PERSON OR ENTITY. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis, even if we or our affiliates or our or their representatives have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.

 

IN NO EVENT SHALL SC’S MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED FIVE UNITED STATES DOLLARS (U.S. $5.00).

 

By participating in the Clubb Members hereby agree: (a) to release the Released Parties from any and all liability, loss or damage incurred with respect to the issuance, receipt, possession, and/or use or misuse of any benefit; (b) under no circumstances will you be permitted to obtain benefits for, and you hereby waive all rights to claim, punitive, incidental, consequential, special or any other damage or loss; (c) all causes of action or claims arising out of or connected with the Clubb, or any benefit shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (no more than $5.00). These Terms and any dispute arising out of or relating to these Terms shall be governed by the laws of the State of Colorado without regard to choice of law provisions. The Member agrees that the courts of the State of Colorado, Douglas County, shall be the sole venue for actions relating to these Terms and hereby consent to such jurisdiction.

 

NO WARRANTY

THE CLUBB, WEBSITE OR THE MOBILE APPLICATION ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. SC HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE CLUBB AND THE WEBSITE.

 

General

If SC fails to act with respect to a breach or of these Terms on any occasion, SC does not waive its right to act with respect to future or similar breaches.

 

These Terms constitute the entire agreement between SC and a Member regarding participation in the Clubb and entitlement to any other benefits of the Clubb, and supersedes all prior agreements, whether oral or written..

 

These Terms are subject to immediate change (without notice) if necessary to comply with applicable laws or regulations. The Clubb is void outside the U.S. and where prohibited by law. If any term herein is found to be illegal or unenforceable by a court of law, all other terms will be valid and enforceable to the extent such illegal or unenforceable terms can be removed.

 

REV: MAY 09, 2018