Passport Unlimited

LEGAL / PRIVACY

PRIVACY POLICY

Last Updated: 15-March-2011

Passport Unlimited is committed to your privacy. Following is our information gathering and dissemination policy. Upon registering and accessing our site, you agree to the following and our terms of use.

We do not collect personal information when you visit our site unless you complete an optional registration, submit a survey, or enter a contest. If you do register, submit a survey or enter a contest, we will not disclose any of your personal information to third parties. When providing personal information, we may ask for contact information such as name, postal address, and email address. With your permission, we will use this contact information to send newsletters, information about Passport Unlimited, or other promotional materials. We reserve the right to disclose to third parties information about general subscriber usage of our Web site and any related services, including information gathered during your use of our Site. Any information disclosed will be in the form of aggregate data (such as overall patterns or demographic reports) that does not describe or identify any individual user. We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our or your legal rights.

We use email links or Web forms throughout this site for customer comments and suggestions. We will make every effort to respond to your questions or comments in a prompt manner. Any information we collect from emails or Web forms is used for the purpose of responding to the questions or comments. We may also file your comments to improve the site and program, or review and discard the information.

Please recognize that email and transmissions to us or otherwise made by means of the Internet are not encrypted and cannot be made absolutely secure. We will have no liability for disclosure of Registration Data due to errors in transmission or unauthorized acts of third parties. For that reason, we ask that you do not send confidential information such as Social Security or account numbers to us through an unsecured email.

We are not responsible for the practices employed by vendors or their Web sites linked to or from our Web site nor the information or content contained therein or your transactions or the security of such transactions with vendors participating in the Program. You should carefully review their privacy statements and other conditions of use and you agree you undertake transactions with the vendors at your own risk.

TERMS OF USE

1. Acceptance of Terms and Conditions
This Web site 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 Policy), 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. User Responsibilities and Limitations
By consenting to the Agreements, you agree:
2.1 That the Service is not to be accessed by children under 13 years of age and we do not intend to collect information from children.
2.2 That site usage is limited to members, spouses, live-in life partners or significant others and dependants.
2.3 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;
2.4 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;
2.5 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.
2.6 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. 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 reserves the right to inform you of changes to our privacy policy and legal terms by posting such changes on our website. We may also notify you by email or posting on the website of other changes or additions to the Service or to any Passport Unlimited related products and services.

4. Vendors and Goods and Services
4.1 Passport Unlimited and the company providing your membership access 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 the purchase transactions entered into, are solely and strictly between you and the vendor.
4.2 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 the security of your transaction with such vendors.
4.3 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.

5. 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 does 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 and you assume sole responsibility for the use of third-party information.
6. Modifications to the Service, the Agreements, and Fees
6.1 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.
6.2 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.

7. Ownership and Licenses
7.1 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, noncommercial 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.
7.2 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.
7.3 By transmitting any messages or content to public or semipublic areas of the Service, you grant to Passport Unlimited a nonexclusive, 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.

8. 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.

9. Disclaimer of Warranties
9.1 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 NONINFRINGEMENT; ANY WARRANTY THAT THE SERVICE OPERATES ERROR FREE OR WITHOUT INTERRUPTION; ANY WARRANTY THAT INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE OR RELIABLE. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICE AND TRANSACTIONS WITH THE VENDORS REMAINS WITH YOU.
9.2 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.
9.3 Passport Unlimited makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service.
9.4 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.

10. 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 WHETHER PASSPORT UNLIMITED 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 WHETHER PASSPORT UNLIMITED HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.

11. 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.

12. Miscellaneous
12.1 The Agreements comprise the entire agreement between you and Passport Unlimited and supercede 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.
12.2 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.
12.3 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.
12.4 You agree to comply with U.S. law regarding the transmission/export of technical data through the use of the Service.
12.5 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.

NOTICE OF COPYRIGHT

Passport Unlimited is the sole owner of all copyrights in and to all original content, code, designs, and layout of the Service, and reserves all rights provided by U.S. and foreign copyright laws, including rights to copy, distribute or commercially exploit any part of the Service in any form.

Not withstanding the foregoing and in addition to any basis provided under applicable law, Passport Unlimited grants you the following revocable licenses:

A revocable license to download and/or print extracts of the Service to your local storage device for your personal and non-commercial use only. By way of example only, you may save a copy to your computer storage device of our participating restaurant list for your geographic area of interest and/or print such list. Such lists should not be stored and used as program references as the selection of participating restaurants and businesses changes frequently. Passport will not be responsible for downloaded and/or printed extracts that reflect outdated program benefits.
A revocable license to copy and/or distribute any URL of the Service to individual third parties for their personal use. By way of example only, you may send an electronic mail to your personal friend that includes the URL for our participating restaurant list for your geographic area of interest.

Passport Unlimited values its intellectual property assets and aggressively pursues those who violate its rights in the same. Remedies for infringement of Passport Unlimited's copyrighted subject matter include injunctions against further infringement, monetary damages up to $150,000 per infringement and repayment of attorney fees. Willful copyright infringement is also a crime. If you wish to copy, distribute or commercially exploit any part of the Service that is not covered by the revocable licenses noted above, or hyperlink to any part of the Passport Unlimited website other than its primary domain landing page, you will need Passport Unlimited's written permission. Please contact us at mail@passportunlimited.com with your request and contact information.

NOTICE OF TRADEMARKS

"PASSPORT UNLIMITED", "PASSPORT", "PASSPORT LIFESTYLE", "PASSPORT CORPORATE", and "PASSPORT DINING" comprise trademarks and/or service marks of, or are licensed to, Passport Unlimited, Inc. All other trademarks and services marks appearing in the PUI website that are not owned by or licensed to Passport Unlimited are the property of their respective owners, and are used herein for reference only. Passport Unlimited values its intellectual property assets and aggressively pursues those who violate its rights in the same. Remedies for infringement of Passport Unlimited's trademarks include injunctions against further infringement, recovery of the infringer's profits and monetary damages for harm caused to Passport Unlimited.