Please read these Terms & Conditions (“Terms”) fully and carefully before using www. InsigniaExperience.com (the “Application”) and the services, features, content, applications, or products offered by Insignia Experience. (“we”, “us”, “our” or “Insignia Experience”) (together with the Application, the “Services”). These Terms set forth the legally binding terms and conditions for your use of the Application and the Services.
ACCEPTANCE OF TERMS
- By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Application, you agree to these Terms and all other operating rules, policies and procedures that may be published from time to time on the Application by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
- Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to these additional terms and conditions, which are incorporated into these Terms for this reference.
- These Terms apply to all users of the Services, including, without limitation, registered and unregistered users.
- ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Services are available to members who are 18 years and older. In order to use certain Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the registration form. By using the Services, you represent that you qualify to use the Services. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.
You may not have more than one Account. You are prohibited from selling, trading or otherwise transferring an Account to anyone else. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify INSIGNIA EXPERIENCE of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Insignia Experience cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. However, if Insignia Experience suffers any damage due to unauthorized use of your Account, you may be liable.
Your use of the Insignia Experience Sites, Applications and Services is subject to our Privacy Notice located at insigniaexperience.com/pages/privacy-policy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Insignia Experience.
INSIGNIA EXPERIENCE MEMBERSHIPS
Membership Program. You may become an Insignia Experience Member by providing the requested registration information and submitting it to Insignia Experience through the Insignia Experience Sites or Applications. By becoming a Member and placing an order, you agree to receive a shipment of at least 3 bottles of wine from Insignia Experience once a month until you cancel your membership. You may suspend or cancel your membership at any time.A shipping charge may apply based on the size of your order. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize Insignia Experience to charge your credit card (including shipping and any applicable taxes) for each monthly Insignia Experience Membership wine shipment. Please notify us at least 3 days prior to any shipment to update your account information and payment method, change your address, skip a shipment, or to cancel your membership.
INSIGNIA EXPERIENCE BRANDED MEMBERSHIPS
Insignia Experience Branded Memberships. You may join Insignia Experience Branded Memberships by submitting the requested registration information and purchasing Insignia Experience products from the unique Branded Membership Insignia Experience Sites or Applications. By enrolling in Insignia Experience Branded Memberships and placing an order, you agree to receive a shipment of wine from Insignia Experience once a month during the duration of the Insignia Experience Branded Membership. You may cancel your Insignia Experience Branded Membership at any time. Prior to placing your initial order, you will have the option to prepay for your Insignia Experience Branded Membership or to agree to a monthly charge. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize Insignia Experience to charge your credit card (including shipping and any applicable taxes) for the Insignia Experience Branded Membership prepayment or for each monthly shipment, depending on your selection. Please notify us at least 3 days prior to any shipment to update your account information and payment method, change your address, skip shipment, or to cancel your membership. If you cancel at least 3 days prior to the shipment of your initial order, you will receive a full refund of the Insignia Experience Branded Membership purchase price. Cancellation requests received following receipt of Insignia Experience Branded Membership orders will be refunded on a pro rata basis.
INSIGNIA EXPERIENCE’S COMMITMENT TO QUALITY
If you are dissatisfied with your Insignia Experience purchase for any reason, please contact Insignia Experience Member Services at firstname.lastname@example.org or via live chat available at Insignia Experience.com, so we can resolve your concerns. We may make arrangements for a return or re-ship, if appropriate. As a condition of providing you with a refund or re-ship, we may require you to return the product to Insignia Experience. Subject to the conditions set forth here, Insignia Experience will give you, as your sole remedy, a refund in an amount equal to the price of the product, plus applicable taxes, by providing you with an account credit. Insignia Experience Gifts and gift cards are non-refundable. Discounted products and services are non-refundable. Prepaid memberships are non-refundable.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and that the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent the offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
INSIGNIA EXPERIENCE REFERRAL PROGRAM
Insignia Experience may offer members the ability to earn credits or discounts ("Referral Credits") toward future purchases from Insignia Experience when they invite friends to become members of Insignia Experience and those friends make a qualifying purchase within six (6) months of the invitation sent through an authorized Insignia Experience invitation channel (e.g. an invitation sent through Insignia Experience's website, Facebook or another social media channel supported by Insignia Experience). You may only earn Referral Credits via Insignia Experience’s authorized member invite mechanisms. Referrals outside of Insignia Experience authorized channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expire six (6) months after issuance. You will only receive Referral Credit for the first and second completed purchase(s) made by a friend who makes his or her first purchase with Insignia Experience as a result of an invite from you via a Insignia Experience authorized channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you will not receive Referral Credits, and Insignia Experience will have no liability to you for your friend’s failure to follow directions. Total Referral Credits for referring a friend may be divided across up to two (2) completed purchases and deposited after each such purchase. If your friend only makes one (1) purchase, no additional Referral Credits will be deposited in your account for that referral.
Registering multiple Insignia Experience accounts is a violation of these Terms and sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Insignia Experience's referral credit program may, without limiting any other Insignia Experience rights or remedies, result in forfeiture of your Insignia Experience Memberships and/or all Referral Credits in your account. Insignia Experience reserves the right to void referrals and Referral Credits earned if we suspect that the referrals or Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms or in a manner otherwise not intended by Insignia Experience. You may not conduct your own promotion in connection with our Referral Credit Program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Insignia Experience, and you may not use any trademarks of Insignia Experience without obtaining written permission from Insignia Experience.
Referral Credits will appear in your account within approximately 24 hours after one of your qualifying invitees completes a purchase and that purchase is shipped. Referral Credits are not awarded for Insignia Experience Gift Card purchases. Referral Credits earned via Insignia Experience may only be used on the Insignia Experience Sites and Applications and may not be used towards the purchase of a Gift Card or on any other website not affiliated with Insignia Experience.
The Referral Credit Program is void where prohibited by law. Insignia Experience reserves the right to modify or terminate the Referral Credit Program at any time, although Referral Credits accrued shall be valid for six (6) months from the date of posting. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the Referral Credits you have actually earned. Insignia Experience will have no liability for any errors displayed in your account.
INSIGNIA EXPERIENCE GIFT CARDS
Purchase. E-Gift Cards and Physical Gift Cards (collectively “Gift Cards”) may be purchased at InsigniaExperience.com. Gift Cards and their use are subject to these Terms. In order to purchase a Gift Card, you will need to provide certain information, including, but not limited to, recipient email address, recipient name, and a valid credit card number. The value of a Gift Card will show up in the recipient's account as an account credit or the Gift Card may be submitted as payment at the time of an Insignia Experience product purchase. Purchase of a Gift Card is non-refundable and not cancelable.
Use. In order to redeem a Gift Card, the recipient must be a member of Insignia Experience and a resident of the United States in a state where Insignia Experience is legally able to directly ship wine. Gift Cards must be redeemed toward the purchase of eligible products on Insignia Experience sites and applications. Purchases are deducted from the Gift Card balance. Any unused Gift Card balance will be placed in the recipient's Insignia Experience account as credit. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method. To view your Gift Card balances, visit "My Account" on InsigniaExperience.com and go to "Account Credits."
Priority of Credit Use. When making a purchase with a Gift Card, the value of the purchase plus any shipping/handling fees and sales tax, if applicable, will be automatically deducted from your account credits. Priority of account credit use shall be as follows: first, credits that have an expiration date (for example, referral credits), and second, credits that do not have an expiration date (for example, Gift Cards). Within a specific class of credits, credits will be used according to their age (oldest being used first).
Referral Credits. If a purchaser buys an E-Gift Card for a non-member of Insignia Experience and the recipient then becomes a member of Insignia Experience, the purchaser will not receive any referral fee if the recipient's first purchase is with a Gift Card.
Cancellation and Expiration. After delivery of an email confirmation of the purchase a Gift Card, the Gift Card cannot be cancelled and the purchase is final and non-refundable. Gift Cards do not have an expiration date.
Limitations. (1) Gift Cards may only be used on Insignia Experience sites and applications, toward the purchase of eligible products. If a purchase exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method; (2) Gift Cards cannot be used to purchase additional Gift Cards; (3) Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law; (4) unused Gift Card account credits may not be transferred.
RISK OF LOSS
All items purchased from Insignia Experience are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. With respect to Gift Cards, the risk of loss and title pass to the purchaser upon electronic transmission to the purchaser recipient or delivery to the carrier, whichever is applicable. If your Gift Card is lost or stolen and you have proof of purchase, Insignia Experience (in its sole discretion) may issue a replacement for the balance shown in its records. Insignia Experience is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
DISCLAIMER OF WARRANTIES
THE INSIGNIA EXPERIENCE SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE INSIGNIA EXPERIENCE SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND INSIGNIA EXPERIENCE HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER INSIGNIA EXPERIENCE NOR ANY PERSON ASSOCIATED WITH INSIGNIA EXPERIENCE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE INSIGNIA EXPERIENCE SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER INSIGNIA EXPERIENCE NOR ANYONE ASSOCIATED WITH INSIGNIA EXPERIENCE REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE INSIGNIA EXPERIENCE SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIMITATION OF LIABILITY
IN NO EVENT WILL INSIGNIA EXPERIENCE, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS AND SERVICES OR TO REDEEM A GIFT CARD, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE INSIGNIA EXPERIENCE SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND INSIGNIA EXPERIENCE’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
For purposes of these Terms, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
NOTICES AND RESTRICTIONS
The Services may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms, we grant each user of the Services a personal, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
AVAILABILITY OF CONTENT
We do not guarantee that any Content will be made available on the Application or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Services.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms, or infringement by you, or any third party using your identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
The trademarks and service marks displayed on the Insignia Experience Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of Insignia Experience and its licensors. For a list of Insignia Experience trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Insignia Experience Sites, Applications and Services are trademarks, service marks or trade dress of Insignia Experience in the U.S. and other countries. Insignia Experience’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Insignia Experience, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Insignia Experience. All other trademarks not owned by Insignia Experience that appear in any Insignia Experience Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Insignia Experience.
All content included on or made available through any Insignia Experience Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Insignia Experience or its content suppliers and protected by United States and international copyright laws. A compilation of all content included in or made available through any Insignia Experience Sites, Applications and Services is the exclusive property of Insignia Experience and protected by U.S. and international copyright laws.
SUBMITTED MATERIALS AND IDEAS
While we appreciate your interest in Insignia Experience and our business, Insignia Experience does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Insignia Experience might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on Insignia Experience Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.
LINKS TO THIRD-PARTY WEBSITES
Insignia Experience Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. Insignia Experience has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Insignia Experience Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
PROHIBITION OF CLASS, REPRESENTATIVE, AND CONSOLIDATED ACTIONS You and Insignia Experience agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Insignia Experience agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Insignia Experience members. If for any reason a claim proceeds in court rather than in arbitration both you and Insignia Experience each waive any right to a jury trial. You and Insignia Experience also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
GOVERNING LAW AND JURISDICTION
Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any Insignia Experience Sites, Applications or Services, or any products sold or distributed by Insignia Experience or through Insignia Experience Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Unless you and Insignia Experience agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Insignia Experience Sites, Applications or Services, or any products sold or distributed by Insignia Experience or through Insignia Experience Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY
No waiver of these Terms by Insignia Experience shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Insignia Experience to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Unless otherwise specified, the Insignia Experience Services are presented solely for the purpose of promoting products and services available in Europe. Insignia Experience makes no representation that the Insignia Experience Services are appropriate or available for use in other locations. If you access Insignia Experience Services from locations outside Europe, you do so at your own risk and you are responsible for compliance with any applicable local laws.
These Terms and our Privacy Notice constitute the sole and entire agreement between you and Insignia Experience with respect to the Insignia Experience Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
Insignia Experience reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the Insignia Experience Referral Program, at any time. If Insignia Experience makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at insigniaexperience.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes. Should you wish to terminate your membership due to a modification to the Terms, please contact us via email@example.com or live chat available at Insignia Experience.com. If you choose to continue using the Insignia Experience Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions. The date these Terms were last updated is set forth at the bottom of this page.
We may, from time to time, offer coupon codes (a “Coupon Code”). You may only use a Coupon Code once, and only one Coupon Code may be used per order. If for any reason we suspect fraudulent use of a Coupon Code, we reserve the right, at our sole discretion, to cancel your purchase. Coupon Codes sent to individuals are valid for the intended recipient only. Coupon Codes are generally available for only one use. Coupon Codes are not applicable to past purchases. Coupon Codes are not valid for orders placed prior to receipt of, or without reference to, the Coupon Code and cannot be redeemed for cash or combined with other offers or credits. Coupon Codes are not valid for resale and have no cash value. Unauthorized reproduction, resale, modification, or trade of Coupon Codes is prohibited. Coupon Codes are void where prohibited, taxed or restricted. Insignia Experience reserves the right to change or limit Coupon Codes at its sole discretion. Insignia Experience has no liability for any problems or inability to use the Coupon Code.
If you are dissatisfied with your Insignia Experience purchase for any reason, please contact us immediately at firstname.lastname@example.org. We do not accept returns.
RESTOCKING AND RESHIPMENT FEES
Shipments returned to Insignia Experience due to failed delivery attempts may be subject to a reasonable restocking fee. Insignia Experience reserves the right to charge an additional $20 fee for all restocked and re-shipped orders upon customer’s request for reshipment or refund. Requests for refunds and reshipments must be submitted within 30 days of your order's shipping date. Credits will be issued less any restock or reship fee after this time period has expired.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Application or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
SHIPPING AND TAXES
Title to and ownership of alcoholic beverages passes from Insignia Experience to buyer in the state in which the sale occurs, and buyer takes all responsibility for the product being transported from the state of sale to the buyer’s selected destination. Buyer may pick up the product at seller’s location, or make independent delivery arrangements. Sales tax will be applied based on the seller’s location. Insignia Experience makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. Buyer warrants he or she is solely responsible for the transport of the purchased products and for determining the legality and the tax/duty consequences of bringing the products to the buyer’s chosen destination.
We use a third-party payment process for payment services (the “Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to the Terms. We are not responsible for errors made by the Payment Processor. By choosing to use the Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due to your Paid Services upon demand.
Some of the Paid Services, such as the purchase of a membership, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you (a “Subscription”). If you order a Subscription, then you agree to pay the applicable price and any other recurring charges upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Application. Please note that if your Subscription includes a discounted price for a promotional period, once the promotional period expires, your Subscription will renew at the full price. As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this Application, you hereby authorize, agree and assent to Insignia Experience automatically billing your credit card submitted as part of the order process for such amounts that are due. You may terminate your Subscription or change your payment method at any time by signing into your account at insigniaexperience.com or emailing email@example.com. Prepaid memberships are non-refundable.
THIRD PARTY SERVICES
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.
PAYMENTS AND BILLING
Certain of our Services, including the purchase of any products offered by us, may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
REAFFIRMATION OF AUTHORIZATION
Your non-termination of a Subscription reaffirms that we are authorized to charge your Payment Method for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to sign up for the Subscription.
These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these terms and neither party has any authority of any kind to bind the other in any respect.
Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waivers of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
Entire Agreement and Severability
These Terms are the entire agreement between you and us with respect to the Services, including use of the Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effective and enforceable. The failure of either party to exercise in any respect any rights provided for herein shall not be deemed a waiver of any further rights hereunder.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may only bring claims on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. The dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment of the award rendered by the arbitrator may be entered into any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
If you have questions or comments about these Terms or the Insignia Experience Sites, Applications or Services, please write or email us via the contact information below:
Punta Prima, La Recoleta, Calle Ciclon
Alicante, Torrevieja 03185
Last updated: 1 May 2020.
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