Thank you for visiting the Club Premier Site titled "cubpremier.com" (“The Site”). In return for gaining access to the Club Premier Site and/or using it, you agree to be bound by the following Agreement without limitation or qualification, so please carefully review this Agreement before proceeding. If you do not intend to be legally bound by these Terms & Conditions, do not access and use the Site. Premier Loyalty & Marketing, SAPI de CV (“Club Premier”) reserves the right to change the terms of this Agreement and to make changes to any of the services, products or programs described in the Site at any time without notice and without liability. Any such revisions are prospectively binding on you, so you should periodically visit this page when you use the Site to review the current Agreement that binds you. Club Premier also reserves the right in its sole and unfettered discretion to deny you access to the Site at any time. Club Premier occasionally signs agreements with third parties to offer clients the opportunity to obtain services, products or prices provided by third parties. You will not be considered in breach of this Agreement when acting in accordance with the Terms & Conditions set forth in such program. Similarly, the Terms & Conditions in this Agreement shall be deemed as extended to the limit needed to include such third parties that operate within the terms of a written agreement they signed with Club Premier. The titles in this Agreement are provided only for your convenience and are not to be used in interpreting this Agreement.
Intellectual property notifications
- Unless otherwise noted, all Club Premier account information, Personal Identification Numbers (“PINs”), passwords, articles, data, images, screens, text, user names, Internet links and other materials (collectively “Content”) appearing on the Site are the exclusive property of Premier Loyalty & Marketing, SAPI de CV or Club Premier, or its subsidiaries and affiliates.
- All information, products, services and software contained or used in the Site (“Content”) are Premier Loyalty & Marketing, SAPI de CV copyright. All rights reserved. Please assume that everything you see or read on the Site is copyrighted to, or used with permission by Club Premier, unless otherwise noted.
- The trademarks, logos, service marks and trade dress (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Premier Loyalty & Marketing, SAPI de CV or used with permission.
- Images and videos of people, objects or places displayed on the Site are the property of Premier Loyalty & Marketing, SAPI de CV or used with permission.
- Club Premier owns or uses by permission all software contained on the Site, including without limitation, all HTML and Active X controls. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution or reproduction of the software, and such actions could result in severe civil and criminal penalties. Club Premier will seek and support prosecuting violators to the maximum extent possible.
- You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, use, sell, transfer, use to create a derivative work, or otherwise use the content of the Site for public or commercial purposes. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppels, by implication, or otherwise.
Limitations on Use
Club Premier provides the Site only so you can determine the availability of goods and services offered on the Site and do business with Club Premier and for no other purpose. The Site is for your personal use and not for commercial use. You agree to use the services offered on the Site solely for legitimate business purposes for yourself or for another person on whose behalf you are legally authorized to act under the terms of this Agreement.
You agree, but are not limited to refraining from conducting any type of fake business with Club Premier in anticipation of a lawsuit. You agree to be bound by the Terms & Conditions imposed by Club Premier including without limitation, payment of all amounts when they are due and compliance with all rules regarding ticket, product and service availability. You are fully responsible for all assessments, charges, duties, fees and taxes arising from your use of the Site.
Your account information belongs exclusively to Club Premier. While you can access your account information through the Site, you cannot give access to your account to any person or entity other than an immediate family member or a person under your direct supervision as part of your job or profession. You may not give access to your account to a third party on the Internet, including without limitation, Kilometers management services, Kilometers registration services and Kilometers collection services.
You must access your account information directly through the Site and not through a different website, including without limitation, Kilometers management services, registration services and Kilometers collection services. You also breach this Agreement if you allow a Club Premier member to access account information without visiting the Site.
You agree that you will not Misuse the Site. “Misuse” includes, but is not limited to using the Site to do any of the following:
- Distribute, disseminate, post or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates or threatens an individual or group of people based on age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, nationality, race, gender, sexual orientation, union or non-union affiliation, or on any other grounds protected by federal, state or local laws.
- Abuse, defame, harass, stalk, threaten or otherwise violate the legal rights of others including without limitation, advertising and privacy rights.
- Download or upload files that could damage another person’s computer operations, such as computer viruses, corrupted files or similar software.
- Upload or download files that contain materials including without limitation, software that infringes another party’s intellectual, privacy or advertising rights, unless you own, control or are authorized to exercise such rights.
- Misrepresent or omit the origin or source of any file you download or upload.
- Download or upload files that do not contain the posted proprietary language, author attributions and/or copyright, patent or trademark notices.
- Distribute, disseminate, advertise or publish any indecent, obscene or illegal material or information that infringes a right.
- Engage in any commercial purpose including without limitation:
- Advertising or offering to sell goods or services.
- Conducting contests or surveys.
- Distributing chain letters or posting Ponzi or pyramid schemes.
- Advertising or offering to sell business opportunities, direct sales opportunities, jobs, independent contractor positions, values or multi-level sales.
- Advertise, send or divulge confidential information some other way, including trade secrets or other exclusive confidential and/or protected information that belongs to an individual or business corporation, including without limitation, Premier Loyalty & Marketing, SAPI de CV or any of its affiliates.
- Download or upload files that you know, or reasonably should know, cannot be legally distributed through the Site.
- Copy or create derivative works from, display, distribute, license, modify, perform, post, publish, recreate, reproduce, sell, transfer or transmit any information, products, services or software obtained by, from or through the Site.
- Monitor or copy any Content by using any manual process, or any robot, spider or other automatic device, without first obtaining Club Premier’s prior written consent.
- Act as agent or proxy of any person other than:
- An immediate family member, or
- Your direct supervisor.
- Take any action that will or could impose an unreasonable or disproportionately large load on our Site infrastructure.
- Act as a Kilometers management service, a registration Kilometers service or a Kilometers collection service for a Club Premier member.
- Access information on any Club Premier member protected by connecting sites and posting it on another Site, with or without the prior consent of such Club Premier member.
- Use the Club Premier member’s password or personal identification number during the online connection, unless you are:
- The Club Premier member to which such password or identification number was assigned (the “Authorized Club Premier Member”);
- A member of the Authorized Club Premier Member’s family, acting permission from the Authorized Club Premier Member; or
- An Authorized Club Premier Member employee, acting with the permission of the Authorized Club Premier Member.
- Engage in any other conduct the Authorized Club Premier Member or Club Premier deems to be in conflict with this Agreement. Club Premier prohibits such Misuses, and access to the Site for any such Misuses or other similar purposes is an unauthorized use of the Site.
No warranty by Club Premier
The Content may contain inaccuracies and/or typographical errors. Club Premier may alter, change or improve the Content at any time and without notice. Club Premier makes no representations or warranties as to the Content’s completeness or accuracy, and makes no commitment to update the Content. Club Premier makes no representations about the Content’s suitability for any purpose. YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL CLUB PREMIER OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING FROM OR IN ANY WAY CONNECTED WITH THE SITE, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY AND ALSO REGARDLESS OF WHETHER CLUB PREMIER WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Club Premier neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. Club Premier shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing or using the Site or due to your downloading any audio, data, images, materials, pictures or video from the Site. Since Club Premier provides services and products in many parts of the world, the Site may refer to certain goods, products and/or services that are not available in your part of the world. A reference to goods, products and/or services without limiting their geographic scope does not imply that Club Premier offers or intends to offer such goods, products and/or services worldwide.
Club Premier and its affiliates intend to be as accurate as possible. However, Club Premier does not warrant that the descriptions of products or other contents on this Site are accurate, complete, reliable, current or without error. Your only recourse will be to contact the Customer Service Center directly if a product offered by clubpremier.com does not fit the description.
Use of the information you give Club Premier
You may not use an invalid email address, impersonate any person or entity, or otherwise disguise the origin of a card or content. clubpremier.com reserves the right (albeit not the obligation) to eliminate or edit such contents.
We can provide you with a pass code for the use of certain services. This pass code belongs exclusively to Club Premier. However, you should take care to protect the security of your pass code. Club Premier assumes no responsibility and will not be liable if someone else knows your pass code or uses your pass code to harm you.
While Club Premier takes reasonable steps to safeguard and prevent unauthorized access to your private information, we cannot be responsible for the acts of those who obtain unauthorized access, and do not extend any type of guarantee, explicit, implied, or otherwise, that we will avoid unauthorized access to your private information. IN NO CASE WILL CLUB PREMIER OR ITS AFFILIATES BE LIABLE FOR DAMAGES (CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OF ANY OTHER NATURE) RELATED TO A THIRD PARTIES’ UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACTS, NET RESPONSIBILITY, DAMAGES OR OTHER LIABILITY THEORIES, AND ALSO REGARDLESS OF WHETHER OR NOT CLUB PREMIER RECEIVED A REAL OR IMPLICIT NOTICE ABOUT THE POSSIBILITY THAT SUCH DAMAGES MIGHT OCCUR.
Links to other sites and to “The Site”
Club Premier specifically refuses to give you permission to form hyperlinks or provide references to the Site, unless you are allowed to do so under a separate agreement in writing with Club Premier. You are also denied permission to use any material protected by trademark or copyright to offer such hyperlinks or references, unless you are allowed to do so under a separate agreement in writing entered into with Club Premier. Club Premier is not responsible for sites that provide hyperlinks or references to the Site unless those sites are operated by Club Premier itself.
Your communication with us
Club Premier will not treat any communication you send to us by email or by other means as confidential. Club Premier is under no obligation to refrain from publishing, reproducing or otherwise using your communications in any manner and for any purpose.
Club Premier does not accept or consider unsolicited proposals related to its business including, without limitation, proposed advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. Club Premier therefore asks that you not send such proposals. Also avoid sending original artwork, drawings, demonstrations, drawings, diagrams, photographs and original samples. Club Premier has adopted this policy to avoid complaints that we have copied such unsolicited ideas without authorization when, in fact, we developed the idea independently or even long before receiving the unsolicited proposal. If you send us unsolicited proposals, you do so with the understanding that Club Premier could use any concept, idea, invention, method or technique that you present to its attention in such communications for any purpose, including developing, manufacturing and/or selling such goods, products or services Club Premier could do so without any obligation to compensate your for such use.
When you visit clubpremier.com or send us an e-mail, you are communicating with us electronically. You therefore agree to receive electronic communications from us. We will contact you by email, by placing notices on this Site or through the Club Premier Newsletter. You agree that all agreements, notices, disclosures and other communications that we send you electronically satisfy legal requirements that such communications are in writing.
This Agreement constitutes the entire agreement governing your access, processes and use of the Site. Of course, separate agreements may be signed for any goods, products or services you obtain or use the Site.
If Club Premier does not exercise its rights under this Agreement at any time, this shall not constitute a waiver of our right to exercise the same or another right at any other time or against any other person or entity. If one of the stipulations established in this Agreement becomes invalid or unenforceable, then the invalid or unenforceable stipulation will be removed from this Agreement without affecting the validity or enforceability of any other stipulation.
Any dispute relating in any way to your visit to clubpremier.com or with the products you purchase through clubpremier.com shall be submitted to confidential arbitration in Mexico City, Federal District, and you consent to the exclusive jurisdiction and venue of such courts. Arbitration under this agreement shall be conducted in accordance with the applicable laws. The arbitral award shall be binding on all parties and may be subject to any court of a competent jurisdiction for a final ruling. To the greatest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration related to another person subject to this Agreement, whether through joint arbitration proceedings or otherwise.