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Terms of Use & Membership

1. Welcome. As a member or guest of Club “Havana Nights” (“ClubHN”) this website and any related subdomains, microsites, and ClubHN social media links (collectively, the “Site”) is operated by Club “Havana Nights” Inc. (www.clubhavananights.com) as a service to our members, partners and chapters. The terms of use and membership set forth herein, govern your use of this Site, patronage at any ClubHN Partner, participation in any activity or event whether directly or indirectly endorsed, or promoted by ClubHN, and constitutes your acceptance of these terms in their entirety. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED HEREIN THE SITE. YOUR USE OF THIS SITE AND ENROLLMENT AS A MEMBER SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW. BY JOINING YOU ARE AGREEING TO EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE READ IT.
 

THESE TERMS OF USE APPLY TO ANY AND ALL ACTIVITIES, DESTINATIONS, OR EVENTS YOU CHOOSE TO ENGAGE IN WHETHER DIRECTLY OR INDIRECTLY PROMOTED ON THE SITE, OR BY ANY OTHER MEANS OF TRANSMISSION.
 

Club “Havana Nights” Inc. may update or modify these Terms of Use and Membership at any time, without prior notice. By using this Site and as a result of your membership, you agree to be bound by the Terms of Use and Membership as changed. ClubHN recommends you review these Terms of Use and Membership each time you visit the Site.
 

2. Definitions. Terms listed herein Section 1, shall have the following meanings:  (a) “Member” means an individual that has enrolled and paid for membership in ClubHN; (b) “Partner” means any business/organization that has engaged ClubHN for the purpose of representing their company; (c) “Chapter” means a duly appointed agent of ClubHN, acting as a corporate representative in a given city, region, or territory; (d) “Guest” means any individual visiting the Site and is not a Member, Partner, or Chapter; (f) “Terms of Use and Membership” means Sections 1- 13 hereof.

3. Membership. As a member of ClubHN you are entitled to complete access to the Site, including public and member’s only sections. We encourage your regular visitation to the Site, as the Content changes due to our expanding network of Partners and Chapters. It is through regular visitation to the Site that you will receive the maximum benefit of your membership.
 

Notwithstanding the above, all materials on this Site, including, but not limited too images, text, logos, slogans, designs, programs, video and audio clips (collectively, “Content”), are intended solely for personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Content for your personal, non-commercial use only, provided that you:  (i) retain all copyright, trademark or other proprietary designations contained on all Content, (ii) do not modify or alter the Content in any way, (iii) do not provide or make available the Content to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, modify, or create derivative works from, or otherwise exploit in any way the Content from this Site.
 

Club “Havana Nights” may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any Partner, activity, event, or features of the Site, at any time and without notice.
 

4. Enrollment. The Application found on the Site shall serve as the instrument by which membership in ClubHN is obtained. Completing this application and rendering the “annual fee” entitles you to the benefits of membership set forth in the Site. Upon receipt of your application, ClubHN will acknowledge your interest in joining via email. Applications will be processed in a timely manner and notification of your acceptance will again be acknowledge via email. A welcome package to include, welcome letter, membership card, featured Partners/Events ads, will be mailed to you, at which point you will be entitled to all the benefits of membership.
 

5. Use of Membership. Upon receipt of your membership package, you can immediately begin taking advantage of your benefits.  Your membership card will serve as your passport between you and ClubHN, any Partners, or Chapters throughout the network. In order to receive any discounts, preferential treatment, or benefits of the program, members will need to present their membership card and a government issued ID that demonstrates you are the rightful holder of the card. Failure to present one or both of these items will exclude you from receiving any ClubHN benefits.

Notwithstanding the above, if it is determined that any member has shared, duplicated, or otherwise misused their membership or membership card, in an attempt to defraud ClubHN and/or its Partners, ClubHN shall have the sole right to terminate that member for cause. In the event of such a termination, the member shall forfeit all remaining term of their membership. Furthermore, ClubHN reserves the right at its sole discretion to determine if the terminated member shall be granted membership at a future date.
 

6. Terms of Membership/Renewal. Unless expressly stated in writing, your membership shall continue uninterrupted for the period of one calendar year from the date of your enrollment and acceptance. Members shall receive notice at least thirty (30) days prior to the expiration of their membership. Members shall have the option of renewing their membership at the current annual rate, without any interruption of their benefits. A new membership card will be issued for the term of the renewal. Note, failure to renew a membership within thirty (30) days of the expiration date, will result in the termination of membership and the need to re-enroll in the program.
 

Note, Club “1000” Members, the same terms and conditions of renewal as set forth above shall apply. However, in the event of a laps of membership, any subsequent renewal will not include the benefits of being a Club “1000” Member.
 

7. Comments and Feedback. All comments, feedback, suggestions, ideas submitted via the Site, or offered to, or disclosed to Club “Havana Nights” (collectively “Comments”) shall be deemed the propriety of ClubHN, which may be used for any purpose including commercial purposes. ClubHN shall be under no obligation to maintain any Comment in confidence, or to pay the releasing party any compensation for any Comment. ClubHN will not release any personal information, or the identity of individuals offering such Comments, without the prior written consent of the releasing party.
 

8. Your Information and Privacy. In the course of your using the Site or joining Club “Havana Nights” we collect personal information about you. We gather some information during the application process, such as your name, address, phone number, email and the like, as well as through the use of cookies technology. By entering into this Site, you agree to the use of your information in accordance with ClubHN’s privacy policies as incorporated herein. The Privacy Policy applies to any and all data collected by ClubHN. Your privacy is important to us and ClubHN appreciates and understands your concerns about the use and security of your personal information.
 

How We Use Your Information

  • To process membership applications

  • To improve our marketing and promotional efforts

  • To statistically analyze Site usage

  • To communicate with you

  • To customize Site content, layout and services

  • For security purposes
     

In addition, we may share your information with third parties for the purpose of:  (i) authorizing a request or purchase, (ii) to complete a transaction, (iii) compliance with any law or applicable regulation, (iv) to complete a reservation or purchase through an outside vendor.
 

Access to your information is controlled by strict physical, electronic, and managerial procedures designed to help prevent unauthorized access and to maintain data security. ClubHN updates and tests its technology on a regular basis in order to improve the protection of personal information.
 

Your Rights
You have the right to request information about your information that we collect. You have the right to object to any processing of your data beyond that necessary to facilitate an authorized transaction. You have the right to object to the use of your information in our direct marketing efforts. You have the right to correct or update your information. If we have your information by virtue of your consent, you have the right to withdraw your consent. You have the right to request you information not be sold. You also have the right to request that we delete your information where permitted. Note, ClubHN will use it best efforts to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.
 

9. Disclaimer of Warranty. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER CLUB “HAVANA NIGHTS” INC. NOR IT’S AFFILIATES, SUBSIDIARIES OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, PREDECESSORS IN INTEREST, SUCCESSORS, ASSIGNS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT THE USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER CLUBHN, NOR ITS ASSOCIATES, WARRANTS THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE, OR THE PRODUCTS OR SERVICES PRESENTED HEREIN AS OFFERED BY THE PARTNERS OF CLUBHN ON THIS SITE. FURTHER CLUBHN MAKES NO REPRESENTATION THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES. CLUBHN AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CLUBHN OR ITS ASSOCIATES SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SOT THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 

10. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL CLUB “HAVANA NIGHTS” OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE. THE FORGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CLUBHN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CLUBHN SITES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 

11. Disputes and Arbitration. It is Club “Havana Nights” desire that your experience with our Site, or any of the activities, destinations, or Partners presented therein will meet your expectations. However, if there is a dispute that needs to be resolved, you agree to provide ClubHN an opportunity to informally resolve the dispute.
 

A) Before you may pursue or participate in a dispute (or raise such dispute as a defense) in any court or arbitration against ClubHN, or its Associates for any claims, including claims related in any way to ClubHN’s business, these Terms of Use and Membership, billing, privacy, advertising, or ClubHN’s or it Associates’ communications with you, you must first send a written description of your claim to:  Club “Havana Nights” Inc., 5235 Mission Oaks Blvd., B-943, Camarillo, CA 93012. Attn:  ClubHN Support, and allow ClubHN a reasonable opportunity to resolve your dispute. If after sixty (60) days from the date ClubHN received your written dispute, resolution has not been achieved, you may pursue your claim in arbitration or, solely to the extent specifically provided for herein.
 

B) You agree to settle all irreconcilable disputes resulting from these Terms of Use and Membership will be interpreted and enforced in accordance with the laws of the State of California without regard to conflicts of law in other States and/or Regions. You also consent to settlement of any and all disputes by arbitration in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”). Furthermore, all resulting arbitration fees shall be borne by the losing party.
 

You must bring any claim or dispute arising out of or related to the Terms of Use and Membership to the attention of ClubHN within one (1) year of when the claim or dispute arose, or the claim will be permanently barred from any action. This limitation period extends to any and all matters as permitted by the governing laws of the State of California.
 

12. Indemnification. You agree to defend, indemnify, and hold Club “Havana Nights” and its Associates, and their respective directors, employees, agents, successors, and assign harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, your violation of these Terms of Use and Membership or your posting of transmissions of any materials on or through the Site.
 

13. General. You and Club “Havana Nights” agree that these Terms of Use and Membership in its entirety forms the agreement (“Agreement”) between the parties and shall prevail over any prior commitments, understanding or agreements. Your acceptance and agreement to being bound by the terms set forth herein is affirmed by your use of the Site and membership with ClubHN.

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