Getaway Medics Terms of Service
Terms Of Service
Getaway Medics LLC is an online service for discounts, entertainment, travel and related services (the “Service”). This Service is accessible through a personal computer, or other access device, at the Getaway Medics LLC domain using a communications connection (e.g., Internet service provider or modem and telephone line). As part of the Service, you will be provided with services that may include, without limitation, access to savings, shopping services and security and storage services, as well as other related or discount features which are subject to the terms hereof. Provider may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to; (i) Restricting the time of availability,(ii) Restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems),(iii) Restricting the amount of use permitted,(iv) Restricting or terminating any User’s right to use all or part of the Service, at any time, at Provider’s sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone, Internet service provider or airtime) associated with connecting to the Service. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service contains material that is derived in whole or in part from material supplied and owned by Provider, Getaway Medics LLC and/or their suppliers and licensors. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based (whether in whole or in part) on, or distribute in any way all or any part of the Service or any material from the Service, including but not limited to code and software (“Material”). You may, however, subject to your compliance with this Agreement, and solely for as long as you are permitted by Provider to access and use the Service, download and upload certain Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general.
Membership Rules and Guidelines
Password
Should you select a password that allows you to access the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and will be fully responsible for all activities that occur under your account. You agree that you will immediately notify Provider of any unauthorized use of your password or account, or any other breach of security, and that you will log off the Service at the end of each session to prevent fraud on your account by third parties.
Conduct Required for Use of the Service; It is a condition for your use of the Service that you do not:
Allow other users to access and use your secure service access and/or password;
Upload any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable information of any kind;
Engage in disruptive activities online or use viruses, bots, worms, Easter eggs, time bombs, spyware, Trojan horses or any other computer code, file, or program that is harmful or invasive or may be or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
Upload any information, software or other material that is fraudulent or tortious or that violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes on copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including WAREZ (copyrighted material distributed without permission);
Post or transmit any information, software or other material that contains a virus or other harmful component;
Post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking or cracking;
Post, transmit or in any way exploit any information, software or other material for commercial use;
Resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database;
Use the Service to collect personally identifying information about users of the Service in violation of Getaway Medics Privacy Policy;
Disguise a file type to mislead Provider’s detection processes;
Upload or transmit any information or documentation constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
Attempt to gain unauthorized access to other computer systems or networks connected to the Service. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access), for any unlawful purpose.
Provider, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section. Except as otherwise expressly permitted by this Agreement or under applicable law, you may not decompile, reverse engineer, disassemble or reduce any portion of the Service to a human-readable form, or attempt to do any of the above.
Monitoring
Provider has no obligation to monitor the use of the Service by members. You acknowledge and agree that Provider reserves the right to, and may from time to time, monitor any and all information uploaded to this Service for operational or other purposes and may share such information with Getaway Medics LLC or its affiliated entities. Provider reserves the right at all times to refuse to post, alter or remove any information or materials, in whole or in part, that in and may share such information with Getaway Medics LLC or its affiliated entities. In addition, Provider reserves the right at all times to disclose any information posted on any portion of the Service as necessary in order to operate the Service, to protect Provider, Getaway Medics LLC and their parent or subsidiary companies, affiliates and their respective directors, officers, employees and agents and the Service’s users, to satisfy any law, regulation or governmental request, or to enforce this Agreement.
How Our Service Works
You understand and agree that the Service may include certain communications from Provider, such as service announcements or administrative messages, and that these communications are part of the Getaway Medics LLC Service and you will not be able to opt out of receiving them. You understand and agree that the Getaway Medics LLC service is provided “AS-IS” and that Provider assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service. In addition, you must provide and are responsible for all equipment necessary to access the Service. Neither Provider nor Getaway Medics LLC will replace any lost or stolen membership materials, certificates, vouchers or other items received by a member as part of the Getaway Medics LLC.
Cancellation Policy
New Members: There will be a seven calendar day review period for Members to get a closer look at the benefits offered. During this time, if you should make the decision to revoke your membership, you may do so with a full refund provided Member has not activated or used any bonus/incentives received as a welcome gift, taken advantage of promotional offers or made any non-refundable reservations. The usage of the benefits constitutes full acceptance of the membership terms. To request cancelation, member must send email to billing@getawaymedics.com. At which point, our team members will conduct a review of your account and confirm or respond with next steps within 3 business days. In making request, Member must provide permission to return, recoup and/or cancel any and all benefits, including gifts/bonus incentives. If Member is experiencing issues with their account, Getaway Medics must be given an opportunity to cure before refund can be approved. Member should send concerns though the feedback form on the member dashboard or by emailing support@getawaymedics.com The inability to secure inventory (getaway or product) on a specific date should not be considered an inadequate cure as Members agree at point of sale that products are provided by 3rd party partners. This paragraph becomes null and void when new member begins with free trial period, including when Member opts to end trial period early by processing payment for club membership fee, as the trial period is considered an adequate substitute for any review period.
Returning & Existing Members: See Existing Members & Recurring Billing
Incentive Replacement Policy
If payment is returned post-sale for any reason without the forfeiture of welcome gifts or bonus offers, Member agrees to reinstate membership or reimburse Getaway Medics the full retail value of the item. Retail value will be provided with all bonuses. As a general rule, gift certificates are refundable at face value of certificate. Getaway certificates are generally $200 per night for hotel and $300 per night for resort. Product & restaurant certificates cannot be recouped once activated. Getaway certificates can be recouped, as long as reservations have not been made, for a replacement cost of $99. This replacement policy is not a penalty but a real cost incurred as Getaway Medics and it’s partners are required to scrub and replace certificate with an entirely new one so it can be redistributed.
Existing Members & Recurring Billing
Credit Card Billing: When subscribing to the Getaway Medics LLC Service, you may be offered automatic renewal. In such event, you agree that immediately prior to the expiration of your subscription, Getaway Medics LLC may charge to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information) the Getaway Medics LLC subscription renewal fee along with any applicable tax and any other charges you may incur in connection with your use of the Getaway Medics LLC Service. As used in these Terms and Conditions, “billing” shall indicate a charge against your Payment Method. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.
The membership fee will be billed at the beginning of your membership and on each periodic renewal thereafter unless and until you cancel your membership. All fees, taxes and charges are non-refundable after your applicable cancellation period has expired as described in your Purchase Agreement.
There will be no refunds or credits for partially used periods, unless required by applicable law. Your membership will automatically renew for successive periodic subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You may cancel your membership in the automatic renewal at any time by calling Customer Service at the published Customer Service number(s) and cancellation will be effective at the end of the applicable period during which you notify Getaway Medics LLC of your cancellation. You must cancel your membership before it renews each period in order to avoid billing of the next period’s membership fees to your Payment Method.
Payment method; If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by calling Customer Service. If your Payment Method reaches its expiration date, your continued use of the Membership Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. If a charge to your credit card is denied for any reason, Provider shall have the right to terminate or suspend your membership and your access to Getaway Medics LLC Service.
Provider and Getaway Medics LLC reserve the right to discontinue any Membership Service at any time, and to cancel your membership in connection with the discontinuation of the membership Service. We reserve the right to terminate your account for any reason or no reason.
Account Access; Identity Protection
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Service. If you find that you are a victim of identity theft and that it involves your Getaway Medics LLC account, you should notify customer service immediately. Then you should report this instance to all your credit card issuers, as well as your local law enforcement agency. Provider reserves the right to place any account on hold at any time, with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Neither Provider nor Getaway Medics LLC are obligated to credit or discount a membership for holds placed on the account in connection therewith.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Disclaimer of Warranties
PROVIDER HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. PROVIDER, GETAWAY MEDICS LLC, AND THEIR PARENT, SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS DO NOT OPERATE, OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROVIDER AND SOIT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. NEITHER PROVIDER NOR SOIT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER PROVIDER NOR SOIT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER.
YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
Limitation of Liability
IN NO EVENT SHALL PROVIDER, Getaway Medics LLC, AND EACH OF THEIR PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, OR WITH REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROVIDER, Getaway Medics LLC AND ITS AND THEIR PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER PROVIDER, Getaway Medics LLC, ITS AND HEIR PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Indemnification
You agree to defend, indemnify and hold harmless Provider, Getaway Medics LLC and each of their parent or subsidiary companies, affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorney’s fees) arising out of or accruing from;(a) Any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy;(b) Any misrepresentation made by you in connection with your use of the Service;(c) Any non-compliance by you with the terms and conditions of this Agreement;(d) Claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
Termination
Provider may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to:
- concurrent access of the Service with identical user identification numbers;
- permitting another person or entity to use your user identification number to access the Service;
- any other access or use of the Service except as expressly provided in this Agreement;
- any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the Materials and/or Content contained in, or accessed through, the Service;
- Tampering with or alteration of any of the Materials and/or Content contained in, or accessed through, the Service.
- Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Provider may be entitled, at law or in equity.
- Upon termination of this Agreement, all rights granted to you will automatically terminate.
Trademarks
Getaway Medics LLC Logo are the property of Getaway Medics LLC, and all other trademarks, service marks and trade names used on the Getaway Medics LLC website and/or related material are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Provider or the owner of such trademark, service mark or trade name, except as explicitly permitted in Section 1.
Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Provider hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the America Links Up website, http://www.netparents.org/parentstips/browsers
Acceptable Use Policy (AUP)
By using the Document Registry and Reminder Service component of the Service, you agree to comply with this Acceptable Use Policy and to remain responsible for its users. Provider reserves the right to change or modify the terms of the AUP at any time, effective when posted on the Getaway Medics LLC website.
By using the Document Registry and Reminder Service component of the Service, you agree to comply with this Acceptable Use Policy and to remain responsible for its users. Provider reserves the right to change or modify the terms of the AUP at any time, effective when posted on the Getaway Medics LLC website.
General Prohibitions: We prohibit use of the document registration service that is unlawful, harmful, infringes intellectual property rights, or results in the publication of threatening or offensive material, a security risk or a violation of privacy.
Unlawful Activities: The Document Registry shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.
Violation of Intellectual Property Rights: The Document Registry shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Threatening Material or Content: The Document Registry shall not be used to host, post, transmit, or re-transmit any content or material that harasses or threatens the health or safety of others.
Inappropriate Interaction with Minors: Documents should not violate any applicable laws pertaining to the protection of minors, including, without limitation and when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children.
Child Pornography: The Document Registry shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Provider and Getaway Medics LLC will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.
Spam/E-mail/Usenet Abuse: Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP.
Spam/E-mail or Usenet abuse is prohibited using the email reminder service. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:
- Sending multiple unsolicited electronic mail messages or “mail-bombing” to one or more recipients;
- Sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
- Sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail-related materials;
- Sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- Sending messages that are harassing or malicious;
- Using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any related company or Internet Service Provider, including, but not limited to, the facilitation of the means to spam.
License
Fla. Seller of Travel Reg. No. # ST42589 California Seller of Travel #2144182-70
AUP Enforcement and Notice
Your failure to observe the guidelines set forth in this AUP may result in Provider taking actions anywhere from a warning to a suspension or termination of your Membership.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Modification to the Terms of Service
Provider reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service without notice. The Provider may provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service. Please review this Agreement from time to time so that you will be apprised of any changes. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
