TERMS OF SERVICE
These Terms of Service constitute the agreement between Value Maker Holdings LTD (the Company) and the customer identified in the Account Information (the Customer) in connection with the Customer's purchase of the Company’s membership program which are being marketed on behalf of third party providers (collectively, the Service). The Customer is not authorized to use the Service without agreeing to be bound by these Terms of Service.
Disclaimer of Warranty
Neither the Company, the program provider, nor any of its affiliates or participating properties assumes any responsibility for errors or omissions in these materials.
THESE MATERIALS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Further the Company does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out-of-date. Neither the Company, nor any of its affiliates, shall be liable for any special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of these materials. The Company may make changes to these materials, or to the products described therein, at any time without notice. The Company makes no commitment to update the information contained herein.
Parties Bound by Terms of Service
The Customer is responsible for ensuring that all use of the Service is in accordance with these Terms. The Customer shall ensure that anyone who uses the Service abides by the Terms of Service. The Customer shall indemnify and hold the Company harmless for any violation of these Terms of Service by any person using the Service, with or without the Customer's consent or knowledge.
Modification of Terms of Service
The Company reserves the right to revise the Terms of Service, the Plan Information and/or its fees and charges at any time without providing notice to its users and the Customer's continued use of the Service shall be deemed irrevocable acceptance of those revisions.
Taxes
The Customer will pay all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, tariffs, Elite fees or other fees or charges now in force or enacted in the future, that arise from or as a result of, the Service.
Billing Disputes
All disputes of any kind, including refund requests must be reported in writing to the Company no later than 60 days from the later of the date the disputed charge was posted to the Customer’s account. Unless disputed within said 60-day period, all charges posted to the Customer's account are deemed to be correct and the Customer waives any claim after said 60-day period. Disputes should be sent to:
Value Maker Holdings LTD
Ioanni Stylianou, 6
2nd Floor, Flat/Office 202
P.C. 2003, Nicosia, Cyprus
+1 (866) 982-8716
Termination
The Company reserves the right to terminate or discontinue the Service at any time, for any reason or for no reason, in the Company's sole and absolute discretion.
All at Customer's Own Risk
The Customer acknowledges and agrees that the entire risk arising out of the use or performance of the Company Services remains with the Customer, to the maximum extent permitted by law.
Jurisdiction's Limitations
Some jurisdictions do not allow some of the exclusions or limitations as set forth in this Agreement, so some of these exclusions may not apply.
Limitation of Damages
Under no circumstances shall Company's aggregate liability to customer under this agreement exceed the service charges for the 12 months immediately preceding the event giving rise to the customer's claim.
Disclaimer of Liability for Damages
In no event will the Company, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to customer (or those using the service with or without the permission of customer) in connection with the service be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not we were informed of the likelihood of any particular type of damages.
No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
Governing Law and Jurisdiction
These Terms of Service are governed by the laws of the State of Florida, without regards to the conflict of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of the courts in State of Florida in any and all claims or disputes arising out of or otherwise relating to these Terms of Service or this Site.
Assignment
The Customer may not assign this Agreement or any rights hereunder. The Company may assign this Agreement or any rights hereunder at any time to any party, as the Company shall determine in its sole discretion and without giving prior notice
No Waiver
The failure of the Company at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by the Company.
Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the Customer and the Company with respect to the subject matter hereof and this Agreement will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Any amendments or modifications or waivers to this Agreement must be in writing or will be without any effect.
Severability
If any part of this Agreement is declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
No Jury Trial
The parties hereby waive any right to have any claim tried in a jury trial and all such claims shall be tried in front of a judge with competent jurisdiction.
Waiver of Claims After One Year
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the service must be filed within one (1) year after such claim or cause of action arose or be forever barred.