It is hereby acknowledged, understood and agreed between Conciant LLC and its parents, affiliates, successors and assigns (hereafter collectively (“Conciant”) and you, a registered Concierge Member (hereafter “You”), that by registering for membership (“Concierge Membership”) or by accessing, browsing or using this website which shall be deemed to include all Conciant serviced websites under various URL’s and Conciant client brands (the “Sites”) through any direct or indirect means, or by using the Services offered in or through the Sites through alternative methods (including, for example, telephone, mail, email or facsimile), You are legally bound to abide by the following Terms and Conditions, as well as the terms and conditions of any other agreement You may sign or enter into with Conciant directly or indirectly through the Sites. If You do not agree with any part of the Terms and Conditions that follow, You should not access, browse or use the Sites through any direct or indirect means, or by using the Services offered in or through the Sites through alternative methods (including, for example, telephone, mail, email or facsimile).
The following agreement describes the terms and conditions that apply to Concierge Membership, including Concierge Membership responsibilities, and the limitations of our liability. This agreement is entered into between Conciant and You.
Concierge Membership, Services and the Sites are available only to individuals or entities who can form legally binding contracts under applicable law, and who are employees, customers and affiliates of entities that have entered into a service agreement with Conciant or one of its affiliates. Without limiting the foregoing, Concierge Membership, Services and the Sites are not available to individuals under the age of majority. If You do not qualify, You may neither use Concierge Membership, Services or the Sites.
By using the Concierge Membership, Services and the Sites, You represent and warrant that You are of sufficient and legal age, which legally binds and obligates You for any liabilities You may incur. So that Conciant can provide You with Concierge Membership and Services, You hereby authorize Conciant to act as your agent (By way of example, obtaining merchandise on your behalf and entering into transactions that You specifically request.) You hereby irrevocably agree to be solely responsible for payment of goods or Services that Conciant orders or procures on your behalf, together with all applicable fees associated therewith.
Limitation of Liability
From time to time, the Sites will need scheduled maintenance and preventative, required and emergency maintenance work. While we expect your experience to be a pleasantly painless experience, You hereby acknowledge, understand and agree that Conciant shall have no liability of any kind whatsoever for the unavailability of the Services or the Sites, for any loss of telecommunications, data or transactions resulting from delays, non-deliveries, mis-deliveries or Service interruptions caused by Conciant, any third party acts or any other web host provider or Internet infrastructure and network external to the Sites. In no event shall Conciant or any of its employees, agents, directors, or officers be liable for any injury, loss, claim, damage, or any indirect, special, exemplary, punitive, incidental, consequential, loss of profits or revenue damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with any use of Concierge Membership, Services or the Sites even if Conciant has been advised of the possibility of such damages and regardless of whether Conciant knew or should have known of the possibility of such damages. If, notwithstanding the foregoing, Conciant is found liable for any loss or damage relating to the use of Concierge Membership and Services, including use of the Sites, You hereby irrevocably agree that the total cumulative liability of Conciant under this Agreement shall not exceed two hundred fifty dollars ($250.00).
Conciant is in the business of providing, among other things, ticketing and booking for access to certain travel, entertainment, lifestyle experiences and events (collectively “Events”) which are by their very nature unique and exclusive, and;
1. In securing a seat/place at such Events, time and full payment of associated fees (the “Fees”) are of the essence.
2. In keeping with the above provisions, it is hereby further acknowledged, understood and agreed between Conciant and You that:
a) As the nature of the Events are exclusive, no refund of any money paid by You will be refunded if You wish to cancel, unless otherwise agreed to in writing by Conciant.
b) You hereby acknowledge, understand and agree that the price of any Event may exceed the face value of the ticket.
c) All prices are in U.S. Dollars, and refunds, if any, shall be in U.S. Dollars unless otherwise agreed to in writing between Conciant and You.
d) You hereby acknowledge, understand and agree that You shall be solely responsible for payment of additional Fees due to changes in the exchange rate occurring prior to the actual date of the Event irrespective of Fees described on any invoice, credit card statement or the like.
3. It is hereby further acknowledged, understood and agreed between Conciant and You that:
a) All advertised Events are subject to availability, and may change without notice to You. You hereby acknowledge, understand and agree that Conciant is not responsible for changes in Event dates and times, locations and accommodations. You acknowledge that Conciant has no control over such changes. If said changes are made, You will not be entitled to a refund, unless at the discretion of Conciant.
b) You acknowledge, understand and agree that Conciant shall not be held liable to You for failure to provide the Services ordered if such failure is due to actions and circumstances beyond the control of Conciant.
c) You acknowledge, understand and agree that Conciant is acting as a booking agent, has no responsibility or control over any of the aspects of the ticketed Event and therefore will not be held responsible by You for either negligence, strict liability, tort, product liability, intentional torts or under any other theory of liability for any death, loss of funds, thefts, damage to property, personal injury or any other loss suffered by You.
4. This Agreement, including all requests, reservations, and purchases of any Event on your behalf constitute your agreement to the above terms and conditions.
Catering Services are per person all-inclusive for on site and drop off catering. Per person charge is relative to fare, beverage preference, crystal, china, linens, tableware, servers, set-up, venue, table, tent, chair and other rentals. You hereby irrevocably agree to be solely responsible for payment of all catering, server, rental and other goods and Services Conciant orders or procures on your behalf, together with all applicable fees associated therewith.
Essential and Urbanity Preferred membership rates (as shown in the Sites) and purchases and/or ancillary, collateral, incidental and like Services contracted in good faith on your behalf are charged at the time of purchase or completion of the Service request. You hereby irrevocably agree to be solely responsible for payment of goods or Services Conciant orders or procures on your behalf, together with all applicable fees associated therewith. You hereby irrevocably agree to be solely responsible for payment of products or Services Conciant orders or procures on your behalf. You agree to pay such charges and authorize Conciant and Vendors and Service Providers as those terms are defined in these Terms and Conditions to charge/deduct the calculated amount from your designated Payment Account, as that term is defined in these Terms and Conditions, for these amounts, including fees associated with joining Conciant, Essential and Urbanity Preferred membership fees, fees associated with membership upgrades (as shown on the Sites) annual renewal of your membership and any additional charges that may be incurred by You.
Conciant Courtesy Invoice Payment and Purchasing Service
Service Definitions for Purposes of this Section Only
"Service" means the Conciant courtesy invoice payment and purchasing service offered through Conciant and the Sites.
"Agreement" means these Terms and Conditions.
"Vendor and Service Provider" is the vendor, merchant, manufacturer, distributor or service provider requested by You, or referred to You by Conciant to which You hereby authorize Conciant to pay invoices and charges for product/service purchases and/or ancillary, collateral, incidental and like products and Services contracted by Conciant in good faith on your behalf.
"Payment Account" is the payment method set forth in your Payment Profile or such other payment method You may designate in writing to Conciant from time to time from which invoices and charges for product/service purchases and/or ancillary, collateral, incidental and like Services contracted by Conciant in good faith on your behalf will be automatically charged/debited.
"Due Date" is the date of purchase or completion of your Service request, and shall not include a grace period.
"Scheduled Payment" is a payment that has been scheduled through Conciant but has not begun processing.
Payment Scheduling: Invoices and charges for product/service purchases and/or ancillary, collateral, incidental and like Services contracted in good faith on your behalf are charged at the time of purchase or completion of your Service request. You hereby irrevocably agree to be solely responsible for payment of products or Services Conciant orders or procures on your behalf.
Payment Authorization And Payment Remittance: You hereby authorize Conciant to pay the invoice(s) it receives in connection with your Service requests and to make purchases using your Payment Account as requested by You.
When You submit a Service request, You authorize Conciant to charge/debit your Payment Account and remit funds to Vendors and Service Providers on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date. Conciant shall incur no liability if Conciant is unable to complete any payments on your behalf because of the existence of any one or more of the following circumstances:
If your Payment Account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit of your account; You have not provided Conciant with the correct Payment Account information or, Circumstances beyond control of Conciant (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction.
Payment Methods: The method in which Conciant remits funds on your behalf to Vendors and Service Providers shall be those set forth in your Payment Profile or such other method You may request from time to time. These payment methods may include, but may not be limited to, major credit and debit cards and electronic payment systems.
Payment Cancellation Requests: You may cancel or edit any Service request and associated Scheduled Payment (including recurring payments) provided (i) the Service request has not been performed, in whole or in part, and (ii) if such cancellation is not contrary to any other cancellation policy described in these Terms and Conditions and those of third party vendors and service providers. There is no charge for canceling or editing a Scheduled Payment where such cancellation or editing is permitted by these Terms and Conditions. Once Conciant has begun processing a payment, however, it cannot be cancelled or edited, and You hereby irrevocably agree that You will not chargeback, stop payment or otherwise deny or fail to timely honor in full such payment.
Accuracy and Dispute of Vendor and Service Provider Invoices and Charges: Conciant is not responsible for the accuracy of invoices or charges to your Payment Account. Conciant is only responsible for presenting the information we receive from Vendors and Service Providers.
Any discrepancies or disputes regarding the accuracy of such information must be addressed with the Vendor and Service Provider directly. Conciant provides this service for purposes of convenience and as a courtesy only.
No Agency: Vendors and Service Providers engaged to fulfill your service requests through Conciant are independent contractors of Conciant, and nothing in such relationships shall be construed to create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship.
No Duty: By use of Concierge Membership, Services and the Sites, You acknowledge and agree that Conciant is not acting as an agent or advisor for any Vendor or Service Provider identified through Conciant. Conciant makes no representations, warranties or guaranties regarding any Vendor and Service Provider. Therefore, it is your sole responsibility to conduct your own evaluation of each Vendor and Service Provider, and to select a Vendor and Service Provider that suits your needs. You undertake the engagement of Vendors and Service Providers at your own risk. You may elect to consult with expert advisors of your choosing to assist in evaluating aspects of your service request, including, but not limited to, an attorney of your choosing regarding contracts, permits, and other issues, a tax advisor, and an insurance professional regarding risk analysis and coverage. Conciant does not: (i) endorse or recommend any specific Vendor and Service Provider; (ii) provide advice on selection of any Vendor and Service Provider; (iii) warrant or guarantee the quality of any of the work a Vendor and Service Provider provides to an Concierge Member; and (iv) make any representations or warranties regarding the qualifications of a Vendor and Service Provider for any Service request. By use of Concierge Membership, Services and the Sites, You acknowledge and agree that Conciant is not acting as an agent or advisor for any Vendor and Service Provider or other product or service provider introduced to You through Conciant or the Sites. Conciant makes no representations, warranties or guaranties regarding any Vendor and Service Provider or other product or service provider. Conciant expressly denies the existence of, and disclaims any duty, obligation or liability regarding any action or inaction of a Vendor and Service Provider or other product or service provider. Conciant does not contract with the Vendor and Service Provider for any product or service. This Agreement does not alter your liability or obligations that exist between You and a Vendor and Service Provider.
Errors And Questions: In case of errors or questions about charges/debits to your Payment Account, You should, as soon as possible, notify Conciant at the telephone number listed on the Sites. If You think any charge/debit to your Payment Account is incorrect, or You need more information about a service request transaction listed on an invoice or other statement, Conciant must hear from You in writing no later than seven (7) days after the FIRST statement was sent to You on which the problem or error appears. You must:
Failed Or Returned Transactions: In using Concierge Membership, Services and the Sites, You are requesting Conciant to make payments for You from your Payment Account solely as a courtesy for purposes of your convenience. If we are unable to complete the transaction for any reason associated with your Payment Account, the transaction may not be completed. Upon expiration or earlier termination of your Concierge Membership, any payment(s) Conciant has already processed before the requested cancellation date will be completed by Conciant. All Scheduled Payments, including recurring payments EXCEPT recurring payments for your Concierge Membership, will not be processed once your Membership is cancelled. Conciant may terminate or suspend Service to You at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Membership Term & Early Termination Fees: Conciant offers Concierge Membership on an annual basis, and offers flexible payment plans. If your Concierge Membership is paid for using any one of our flexible payment plans and You cancel your Concierge Membership before the end of the annual membership term, You will be charged an Early Termination Fee (ETF) of seventy five percent (75%) of the Concierge Membership fees outstanding/amount of time remaining of the Concierge Membership term calculated from the day we receive your written request (you cannot notify us verbally) to cancel your Concierge Membership through and including the last day of the then current membership term. The amount of ETF thus depends on how far into the Concierge Membership you are when you cancel. By way of example only, if you joined as an Urbanity Preferred Individual member opting for monthly payment of Concierge Membership fees and cancelled six (6) months into the annual term, you will be charged an estimated $93.75.
Comments? Kudos? Questions?
All comments, feedback, questions, kudos or other submissions (“Submissions”) submitted or offered by You to Conciant on behalf of Conciant or Conciant client brands serviced by Conciant in connection with use of Concierge Membership, Services and the Sites are the exclusive property of Conciant. Conciant may use such Submissions in whole or in part and in any medium and for any purpose, now or hereafter known or devised, worldwide and in perpetuity without first obtaining your specific consent. You hereby understand, acknowledge and agree that the act of completing your Concierge Membership registration and/or using Concierge Membership Services and the Sites constitutes your express consent to such use. Conciant is under no obligation to use your Submission or your name in confidence, to compensate You for use of a Submission, or to respond to your comments. You hereby agree that You are solely responsible for the content of any Submission You make, and You hereby grant your express permission for Conciant to modify your Submission to correct punctuation, grammatical and similar errors, and to replace Conciant’s name for the name of any Conciant client brand. You understand that it is Conciant that is providing services under the Concierge Membership and not any Conciant client brand.
Unauthorized Users/Children Under the Age of Majority
Conciant cannot prevent minors from using Concierge Membership, Services and the Sites, nor can Conciant prevent the unauthorized use of your Concierge Membership, Services and the Sites where such unauthorized use arises from your failure to properly protect and safeguard your Conciant User Name, User ID, Password and similar authenticating information (“Concierge Membership Account Information”). You hereby acknowledge, understand and agree that You are solely responsible for the safekeeping of such information, and that any use of Concierge Membership, Services and the Sites wherein your Concierge Membership Account Information is entered or otherwise used to gain access to your Concierge Membership, Services and the Sites shall be deemed to be expressly and irrevocably authorized by You even if such use was not so authorized. You hereby irrevocably agree to be solely responsible for the payment of all goods or Services that Conciant orders or procures in reliance on your Concierge Membership Account Information used to access, request and otherwise order such goods and/or Services, together with all fees associated therewith. If You believe that your Concierge Membership Account Information to access your Concierge Membership has been lost or stolen, or that someone may attempt to use your Concierge Membership without your consent, You must notify Conciant at once by writing to us. You may not tell us verbally.
Third Party Content
Conciant may distribute content supplied by third parties over which it has no editorial control. Any opinions, advice, statements, Services, offers or other content that is expressed or made available by third parties, including providers of information accessed by Conciant and its Members, are those of the respective authors or distributors and not of Conciant, its affiliates or any of its officers, directors, employees or agents. Neither Conciant nor its affiliates, nor any of its officers, directors, employees, agents, or any third party, including Vendors and Service Providers and Concierge Members, guarantee the accuracy, completeness or usefulness of any content, or its merchantability or fitness for any particular purpose. Conciant does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made on the Sites. You hereby acknowledge, understand and agree that under no circumstances shall Conciant, its affiliates, or any of its officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Sites. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Sites and Conciant.
No Product Warranties
Products, merchandise and information available through Conciant are provided through third parties on an "as available" basis without warranties of any kind, either expressed or implied, including implied warranties of merchantability or fitness for a particular purpose. Conciant makes no warranty or guarantee in connection with acceptance by Conciant of your requests, including, without limitation, providing You with the lowest available price for goods and Services, accurate content, information or advice, or merchandise provided through Concierge Membership and Services. Conciant comments and recommendations presented on the Sites, in person, in writing, by phone or any other method are based on research and opinions collected by Conciant, and are subject to change at any time. You hereby irrevocably agree that the use of Concierge Membership Services and the Sites is at your sole risk.
Use of Name and Logo
Your use of Concierge Membership, Services and the Sites constitutes your express irrevocable approval that Conciant may refer publicly to You as a member or customer, and in connection therewith, Conciant shall have the absolute, irrevocable right to include your name and logo in its web site, customer lists and conventional marketing and public relations materials.
Restrictions on Use/Copyright Notice
All pages within the Sites are the property of Good Holdings, LLC and/or its assigns. The Sites are protected by federal and international copyright and trademark laws. No portion of the materials on pages in the Sites may be reprinted, republished, modified, or distributed in any form without the express written permission of Good Holdings, LLC. You may not, and these Terms and Conditions do not give You permission to, reproduce, reverse engineer, de compile, disassemble, modify or create derivative works with respect to the Sites. Content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Sites or its contents. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are expressly reserved by Good Holdings, LLC.
Copyright & Confidentiality Notice
© 2013 Good Holdings, LLC
No part of this publication may be reproduced in whole or in part by any means (including photocopying or storage in an information storage/retrieval system) or transmitted in any form or by any means without the prior written consent of Conciant.
Conciant®, Boardroom® and Urbanity® are registered trademarks of Good Holdings, LLC. All rights reserved.
Termination of Use
Conciant reserves the right to restrict, suspend or terminate your access to all or part of Concierge Membership, Services and the Sites without notice for conduct that Conciant suspects is unlawful or harmful to any third person or entity, for delinquent or non-payment of fees associated with Concierge Membership and for any other breach by You of these Terms and Conditions.
Choice of Law | Jurisdictional Statement
Conciant and You hereby understand, acknowledge and agree that any and all disputes or claims arising from or relating to these Terms and Conditions of Use, your Concierge Membership, Services and the Sites shall be brought, filed and litigated in and only in a state court of competent jurisdiction and venue over actions commenced within the State of California, County of Los Angeles applying the laws of the State of California without regard to conflict of law principles. To the extent that the parties may presently or hereafter be entitled to challenge personal jurisdiction, the parties hereby waive their right to raise such defense and consent to the personal jurisdiction of such courts.
You agree to indemnify, defend and hold Conciant harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Concierge Membership, Services and the Sites; your decision to purchase products or Services; the breach by You of any provision of these Terms and Conditions and/or any negligent or intentional wrongdoing by You. Conciant will make every reasonable attempt to (a) promptly notify You in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperate with You at your sole cost and expense in the defense or settlement thereof; and (c) allow You to reasonably control such defense or settlement provided that Conciant shall be entitled to advanced written approval of selection and engagement of legal counsel engaged to defend any claim and participation in such defense at your sole cost and expense.
Conciant shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Conciant. No delay or omission on the part of Conciant in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of these Terms and Conditions.
Changes to Terms and Conditions
In its sole discretion, Conciant may modify these Terms and Conditions and such modification shall be of full force and effect immediately upon the posting of any such revised version on the Sites.
Terms and Conditions Govern | Entire Agreement
These Terms and Conditions, as amended from time to time, constitute the entire agreement between Conciant and You pertaining to the subject matter hereof. In its sole discretion, Conciant may modify these Terms and Conditions and such modification shall be of full force and effect immediately upon the posting of any such revised version on the Sites.