Welcome to the BonVoyou.com Web Site (the "Site").
The Site is operated by Private Sale LLC and provides access to travel and entertainment related services (the "Service"). Private Sale LLC operates the Site pursuant to these Terms And Conditions (“TAC”).
Your use of the Site is expressly conditioned on your reading and accepting both the TAC and the linked Privacy Policy. Your use of the Site in any manner constitutes your acceptance of both the TAC and the Privacy Policy. Private Sale LLC reserves the right at any time, and at our sole discretion, to change or otherwise modify the TAC without prior notice. Your continued access to or use of the Site after any such changes or modifications constitutes your acceptance of the revised TAC. You should therefore periodically return to this page to review the most current version of the TAC.
Private Sale LLC retains the right, at our sole discretion, to deny access to anyone to the Site and the Service, at any time and for any reason, including, but not limited to, for any violation of the TAC or Privacy Policy.
USE RESTRICTED TO REGISTERED MEMBERS
The Site is private and may only be accessed and used by Private Sale LLC registered members in good standing (“Members”). The Site may not be used by minors under the age of 18, or by Members whose Site membership has been suspended or terminated. Any inappropriate access to or use of the Site could constitute a violation of, among other things, the Computer Fraud and Abuse Act.
Members may not have more than one active account. Additionally, Members are prohibited from selling, trading, or otherwise providing their account to another party.
LIMITED LICENSE
Subject to your strict compliance with the TAC and Privacy Policy, Private Sale LLC grants Members a limited license to access and make personal use of the Site and the Service. Notwithstanding this limited license, Members shall not (i) use the Site or its contents for any commercial purpose (other than using the Service), including, but not limited to, using or displaying any content from the Site on any other web site or publications whether print or electronic; (ii) make any speculative, false, or fraudulent reservation; (iii) access, monitor or copy any Site content or information using any robot, spider, scraper or other automated means without Private Sale LLC’s express written permission; (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our site infrastructure; or (v) disclose to non-Members the rates displayed on the Site. Additionally, neither Members nor others shall bypass any measures used by Private Sale LLC to prevent or restrict access to the Site. Any unauthorized use by you of the Site shall automatically and without notice terminate the limited license granted to you by Private Sale LLC.
MEMBER WARRANTIES AND REPRESENTATIONS
You represent and warrant that you are of legal age to form a binding contract and that you are not a person barred from receiving Services under the laws of the United States or other applicable jurisdictions. You agree and acknowledge that you are responsible for obtaining access to the Site at your own cost, including the cost of any equipment you may need to access the Site. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Private Sale LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Private Sale LLC has the right to suspend or terminate your account and refuse you any current or future use of the Site (or any portion thereof). You are responsible for maintaining the confidentiality of your Member account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Private Sale LLC immediately of any unauthorized use of your account or any other breach of security. However, such notice does not limit your liability to Private Sale LLC in connection with any such unauthorized use.
TERMS AND CONDITIONS OF THE BONVOYOU REFERRAL REWARD PROGRAM
As with all of the TAC, we reserve the right to add to and/or change our Referral Reward Programs Terms & Conditions at any time. This means, for example, that we may change the Rewards earned, impose caps on earning or redeeming Rewards and/or change expiration periods or Rewards values for future Rewards credits.
Rewards:
- 1. Only Members are allowed to participate in the BonVoyou Referral Reward Program. On confirmation of a Qualifying Order (as defined below), you will receive a credit to your account of twenty-five dollars ($25.00 USD) (the "Reward").
- 2. A "Qualifying Order" means the first order placed by an individual whom you sponsored or to whom you sent an email invitation to join the BonVoyou Website, and who has not previously been a member of BonVoyou. In the event an individual is sponsored or invited by more than one BonVoyou member, only the first sponsoring or inviting member, as determined by Private Sale LLC, shall be entitled to a Reward.
- 3. Rewards may be redeemed only for the purchases on the Site and may not be used for the purchase of gift cards or services.
- 4. Rewards are not transferable.
- 5. Rewards have no cash value and are non-refundable.
- 6. Rewards are promotional in nature and are issued without any exchange of money or value from you. As such, Rewards do not constitute property and you do not have a vested property right or interest in the Rewards.
- 7. Each Reward shall expire twelve months after the date of issuance unless extended by BonVoyou, in its sole discretion.
- 8. The Reward program is void where prohibited.
- 9. All questions or disputes regarding your eligibility for this program, your eligibility for Rewards, and the terms and conditions of the Rewards program will be resolved by Private Sale LLC, in its sole discretion.
Credit Balances:
- 1. Any credit balance (including a Reward balance) will be automatically applied to your next purchase from the Site and the order of redemption of such credits will be determined by Private Sale LLC.
- 2. To the extent your credits exceed the amount of your total purchase; the excess credit balance will remain in your account to be applied to your next purchase, subject to the foregoing terms and conditions. If your account and/or membership is terminated for any reason, any credit balances in your account may be cancelled, except as prohibited by law. Account balances are determined by Private Sale LLC and such determination is final.
SUBMITTED CONTENT AND SUGGESTIONS
Any comments, questions, feedback, ideas, suggestions or other communications or information about or relating to the Site and/or its content submitted by you to or through Private Sale LLC, such as, without limitation, information concerning the operation of, improvement to, use of or new functions for the Site (collectively, "Submissions") shall be and remain the exclusive property of Private Sale LLC. As such, we will exclusively own all such rights, titles and interests in such Submissions and shall not be limited in any way in the use, commercial or otherwise, of any Submissions at no cost or expense to Private Sale LLC.
DISCLAIMER OF LIABILITY AND WARRANTIES
THE CONTENT, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
PRIVATE SALE LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PRIVATE SALE LLC AND THOSE DISPLAYING ON THE SITE DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM PRIVATE SALE LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PRIVATE SALE LLC IS NOT THE AGENT FOR ANY MEMBERS. THOSE DISPLAYING CONTENT ON THE SITE ARE NOT AGENTS OR EMPLOYEES OF PRIVATE SALE LLC. PRIVATE SALE LLC IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE. PRIVATE SALE LLC HAS NO LIABILITY FOR AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND PRIVATE SALE LLC’s DIRECT CONTROL.
IN NO EVENT SHALL PRIVATE SALE LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR ACCESS TO THE SITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF PRIVATE SALE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER LIMITATION OF LIABILITY
If, despite the limitation above, Private Sale LLC is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described above, then the liability of Private Sale LLC, shall in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Private Sale LLC in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this and the preceding sections will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
Additionally, Members acknowledge and agree that Private Sale LLC shall have no liability to any Member for any type of claim, cause of action or damage arising out of or relating to any services provided, or not provided, to any Member by any entity displaying content on the Site, including any claims, causes of action or damages arising out of any Member’s use of any services or amenities reserved through the Site.
INDEMNITY
You agree to indemnify and hold Private Sale LLC (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, arising out of or related to your breach of the TAC or Privacy Policy, your violation of any law, rule or regulation or the rights of a third party, or your use of the Site.
ELECTRONIC COMMUNICATION
When you use the Site or send emails to Private Sale LLC, you are communicating with Private Sale LLC electronically. You consent to receive communications from Private Sale LLC electronically. Private Sale LLC will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SITE-PROVIDED EMAIL AND POSTINGS
The Site may provide Members with the ability to send email messages to other Members and non-Members and to post messages on the Site. Private Sale LLC is under no obligation to review any messages, information or content ("Postings") posted on the Site by Members and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Private Sale LLC may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications:
(i) that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or would otherwise violate any applicable local, state, national or international law; (ii) that contain advertisements or solicitations of any kind; (iii) that impersonate others or provide any kind of false information; (iv) that contain personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references; (v) that offer unauthorized downloads of any copyrighted or private information; (vi) that contain multiple messages placed within individual folders by the same Member restating the same point; (vii) that contain chain letters of any kind; or (viii) that contain identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.
LINKS
The Site or third parties may provide links to other World Wide Web Sites or resources. Because Private Sale LLC has no control over such sites and resources, you acknowledge and agree that Private Sale LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Private Sale LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is restricted to authorized Members only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Private Sale LLC and other parties. Members are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of Private Sale LLC or such third party which may own the Marks. Information and content including any software programs available on or through the Site may be protected by copyright.
SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provisions of this TAC, or any general legal principles to the contrary, any provision of this TAC that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TAC.
GENERAL
TAC headings are for reference purposes only and are not to be used to interpret the TAC.
The TAC and the relationship between you and Private Sale LLC are governed by the laws of the State of Illinois without regard to its conflict of law provisions.
You and Private Sale LLC agree to submit any dispute arising out of or relating in any way to the Site or the Services to binding arbitration in Chicago, Illinois before a single arbitrator appointed by the American Arbitration Association. Any such Arbitration shall be conducted pursuant to the American Arbitration Association’s Commercial Rules.
The failure of Private Sale LLC to act with respect to a breach by you or others does not waive its right to act with respect to any such breach or to subsequent or similar breaches.
Private Sale LLC does not guarantee it will take action against all breaches of this TAC.
Except as otherwise expressly provided in this TAC, there shall be no third-party beneficiaries to this TAC.
This TAC constitutes the entire agreement between you and Private Sale LLC and governs your use of the Site, superseding any prior agreements between you and Private Sale LLC with respect to the Site.
