By using this website and/or purchasing from this website, you (“you” “your” or “purchaser”) are agreeing to the following binding agreement: “Us” or “We” shall refer to The Bud Card LLC, a Arizona limited liability company, its board of directors, employees, officers, agents, parent company, shareholders, managers, members and affiliates.
(1) Description of the Bud Card Membership. The Bud Card Membership is a monthly access pass to various participating venues and businesses, as identified on this website. Each Bud Card Membership becomes active and effective on the date of purchase.
(2) Purchase Prices and Fees. An initial purchase fee, as further described on this website, provides each pass holder with 1 month of access to participating venues, as such are further described and limited on this website. Purchasers of the Bud Card must be 18 years of age or older and have a valid credit card or PayPal account. All Bud Card purchase prices and fees will be charged to the purchaser’s credit card.
(3) Term; Termination. Each Bud Card purchased is valid for a 1-month term from the date of purchase. The Bud Card is a monthly membership and will automatically renew 1 day prior to the expiration of the monthly term. Bud Card members can cancel their recurring membership, or change payment method from their Bud Card account. In the event purchaser fails to cancel the Bud Card membership prior to the expiration of the initial monthly term, the term of the Bud Card will thereafter continue on a monthly basis until canceled by Bud Card or by the purchaser. Fees for the extended term will be charged to the credit card used to pay for the initial Bud Card Membership. No full or partial refunds will be provided for any used renewed memberships.
(4) Guarantee of Continued Service Venue Participation. We anticipate that the current venues and service providers identified on this website will continue to participate in the Bud Card services; however, the participating venues and service providers are subject to change at any time without advance notice to any person using this website. All current Bud Card holders will be entitled to participate in all of the new venues or service providers which may become participants in the Bud Card program subsequent to a current Bud Card holder’s purchase.
(5) Transferability. The Bud Card is not transferrable by the initial purchaser.
(6) No Warranties of Suitability for Use. We make no express or implied warranties regarding the accuracy, currency, completeness or suitability for any purpose of any information contained on this website, or of any offerings at the venues and businesses identified as participants of the Bud Card on this website.
(7) Assumption of Risk at Venues. IF YOU DO NOT AGREE WITH THIS DISCLAIMER, DO NOT USE THE BUD CARD. YOUR USE OF THE BUD CARD CONSTITUTES YOUR ACCEPTANCE OF THIS DISCLAIMER. Purchaser recognizes there are risks and dangers inherent in using the Bud Card, and the purchaser agrees that he/she is visiting the venues affiliated with the Bud Card entirely at his/her own risk and that Bud Card will not be responsible for damage or injury to any purchaser sustained as a result of using the Bud Card or as a result of visiting the venues affiliated with the Bud Card. Purchaser knowingly and voluntarily assumes all risks of injury or illness, or other damage, including death. Purchaser agrees to release and hold harmless Bud Card LLC, its officers, agents, affiliates, employees, assigns, owners, representatives, volunteers, sponsors, and officials from any and all liability-present and future, known or unknown-associated with such purchaser’s use of the Bud Card or as a result of visiting the venues affiliated with the Bud Card. Purchaser further agrees that this disclaimer shall bind the members of the purchaser’s family and spouse, if the purchaser is alive, and the purchaser’s heirs, assigns, and personal representatives if the purchaser is deceased. Purchaser executes this disclaimer voluntarily and with full knowledge of its significance, and with the intent of binding themselves, their spouses and children, if any, and their heirs, legal representatives, and assigns. Purchaser expressly agrees that this disclaimer is intended to be as broad and inclusive as permitted by law. Purchaser has carefully read this disclaimer and fully understands its contents. Purchaser is aware that this is a RELEASE OF LIABILITY and a contract between him/her and Bud Card LLC.
(8) Assumption of Risk for Use of Website. Any person using this website assumes the risk of verifying any materials contained herein, as well as the risk of use and/or reliance on such information. We shall not be liable for any damages for viewing, distributing, copying and/or relying upon these materials, including any indirect, special, incidental or consequential damages, even if advised of the possibility of such damages.
(9) No Expectation of Privacy. It is expressly understood that there is no reasonable expectation of privacy in your use of this website; however, your credit card transactional information is secured through PCI compliance certifications and safeguards to ensure confidentiality.
(10) Third-party Links. This website may contain links to other websites. These are provided for your convenience. We have no control over the content of such linked sites, and we make no representations or warranties regarding them and assume no responsibility for their content, nor does inclusion of links to other websites constitute our endorsement of their content.
(11) Indemnification/Hold Harmless. You agree to indemnify, defend and hold us harmless and our officers, directors, employees, agents, information providers, suppliers, and website designers and maintainers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any use of this website, or as a result of damage or loss suffered by purchasing and using any of the products or services on this website, including, but specifically not limited to any accident or injury that may occur at any venue or on the premises of any business or service provider identified on the website.
(12) Waiver, Release and Limitation of Liability. You agree that neither us nor our officers, directors, agents, information providers or suppliers or website designers and website maintainers shall have any liability to you under any theory of liability or indemnity in connection with your use of this website or use of any product or service purchased from this website. You hereby release and forever waive any and all claims you may have against us or our officers, directors, agents, information providers or suppliers or website designers and maintainers (including but not limited to claims based upon the negligence, strict liability, infringement, intentional torts, recklessness, or other legal theories, of Bud Card LLC, its officers, directors, agents, information providers or suppliers or website designers and maintainers) for losses or damages you sustain in connection with your use of this website or use of any products or services purchased from this website.
(13) “As-is” Basis. Bud Card, Bud Card LLC and thebudcard.org are providing this website and its contents on an “as-is” basis and make no representations or warranties of any kind, express or implied, with respect to the operation of this website, the information, content, materials or products, included on this website. To the fullest extent permitted by law, we disclaim all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice.
(14) No Claim of Accuracy or Completeness. We make no promises or warranties regarding the accuracy or completeness of any information contained in this website and/or any pages accessible from this website, nor do we make any promise or warranty to maintain or update this information.
(15) Copyright. The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Bud Card LLC. The collective work includes works that are licensed to Bud Card LLC. No permission is granted to electronically copy or print hard copy portions of this website for any purpose. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by us. Images of people displayed on this website are either the property of, or used with permission by, us. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on this website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
(16) Trademarks. All trademarks, service marks and trade names of Bud Card or used on this website are trademarks or registered trademarks of Bud Card LLC. All trademarks, service marks and trade names of any other business, venue or service provider used on this website are trademarks or registered trademarks of the respective companies.
(17) Website Content Disclaimer. We do not represent or warrant that the functions contained on this website will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server that makes this website available is free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials on this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
(18) Order Cancellation. We reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the order price.
(19) Notices. Any notice required or permitted herein may be delivered to you by means of e-mail, a general notice on this website, or by another reliable method to the address you have provided to us.
(20) Miscellaneous. Your use of this website shall be governed in all respects by the laws of the state of Arizona, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of products or services on this website) shall be in the state or federal courts located in Arizona. Any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises. Each party shall bear its own attorney’s fees, irrespective of the outcome of that party’s case or result. Failure by us to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions and other provisions herein. We may assign our rights and duties under this Agreement to any party at any time without notice to you.