Membership Agreement

Time Card Express® Terms of Use (“Agreement” or “Membership Agreement”)

(last updated January 27, 2016)

  1. Acceptance of Terms of Use

By accessing, browsing, and/or using the Website, you accept and agree to be bound to this Agreement. In addition, by signing up for free membership or by purchasing VIP Time Card Express™ (“Card”) membership (“Membership” or “Card Membership”), you are agreeing to the following specific terms and conditions of this Agreement. You understand that Time Travel Plans LLC, a California limited liability company, and its subsidiaries and affiliates and partners (collectively, “TTP”) make available to members (“Member(s)”) of this program certain online information and services. By signing up for or purchasing Membership, submitting your information or using the Card, you are indicating that you are eighteen (18) years old or older, that you are a resident of the United States whose Membership has not been previously suspended, and you agree to be bound by this Agreement.

You acknowledge that this Agreement may be modified at any time by TTP. Any changes to this Agreement will appear on www.TimeCardExpress.com (the “Website”). It is your responsibility to refer to the Agreement prior to using the Card. You will be deemed to have accepted any change to this Agreement if you continue to use the Card after that change has been posted on the Website.

  1. Card Membership

Membership is available at two tiers: free and VIP. Free Membership is available to anyone who meets the conditions set forth in Section 2.1 of this Agreement. VIP Membership is available to anyone who meets the conditions set forth in Section 2.1 of this Agreement and who has paid a specified fee (“Membership Fee”). A physical Card will only be provided to VIP Members. Membership provides Members with access to certain savings, discounts, benefits, products, and/or services offered by participating Vendors (“Vendor(s)”) online and/or at participating vendor locations as specified on http://www.TimeCardExpress.com (the “Website”). VIP Members will have access to certain other exclusive savings, discounts, benefits, products, and/or services offered by participating Vendors online and/or at participating Vendor locations as specified on the Website. Notwithstanding the Membership tier, all services shall be collectively referred to as “Service(s))”. Each Service offered by each Vendor shall be available to Members for the period of time indicated for the respective Service, as advertised on the Website.

Notwithstanding any of the foregoing, Membership entitles Members to Services, but not to use of any Vendor’s accommodations or facilities.

2.1. Eligibility
United States residents who are eighteen (18) years old or older are eligible for Membership. If you are under 18 years old, you must receive consent from your parent or guardian to be eligible. TTP reserves the right to limit the availability of any Cards to specific channels.

2.2  Term of Membership

Your Card Membership starts on the date that you register for Card Membership and/or submit the Membership Fee via a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”). Free Membership shall continue in perpetuity unless Membership is terminated pursuant to the terms set forth in Section 2.2.1 of this Agreement (“Term”).  VIP Membership shall expire one (1) year after the applicable Card Membership commencement date. VIP Members will be issued a new Card upon the commencement of the Term. At least fifteen (15) days prior to the expiration of the Term, VIP Members will be given the option to renew.

2.2.1 Termination

Termination by You. You may terminate your Card Membership at any time by logging into your account and navigating to the ‘My Account’ page where you will find a cancellation link next to your membership level.  Per the terms of Section 3.4 below, all Membership Fees paid within the Term will be non-refundable. If you terminate your VIP Membership, there is a $39 reactivation fee if you want to become a VIP Member again in future months.

Termination by TTP. TTP, in its sole discretion and for any or no reason, may terminate your Membership or use of the Website and remove and discard all or any part of your account or any content uploaded by you at any time. TTP may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account you may have or portion thereof may be effected without prior notice, and you agree that TTP will not be liable to you or any third party for any such termination. TTP does not allow copyright infringing activities on the Website and reserves the right to terminate access to the Website and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TTP may have at law or in equity.

  1. Billing

3.1 Membership Fee

TTP has the sole discretion to revise the Membership Fee from time to time.

3.2 Recurring Billing

Upon starting your VIP Membership, you authorize TTP to charge you a Membership Fee at the then current rate.

3.3 Billing Cycle

When you sign up and purchase your VIP Membership, you will be billed immediately. TTP reserves the right to change the timing of its billing, in particular, as indicated below, if your Payment Method has not successfully settled.

3.4 No Refunds

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS since you will continue to have access to your Card and Services for the duration of the Term. At any time, and for any reason, TTP may provide a refund, discount, or other consideration to some or all Members (“Credits”). The amount and form of such Credits and the decision to provide them are at TTP’s sole and absolute discretion. The provision of Credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate TTP to provide credits in the future, under any circumstance.

3.5 Payment Methods

You may edit your Payment Method information by logging into the Website and navigating to the ‘My Account’ page where you will find a link to update your Payment Method information. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see Sec. 2.2.1 above), you remain responsible for any uncollected amounts and authorize TTP to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

  1. Card Use
    Your Card is your key to receiving Services. Carry your Card with you at all times. The Card is nontransferable and may only be used by the person whose name is printed on the face of the Card.

4.1 Use of Your Card at Participating Vendor Locations. You must show your Card and picture identification as requested by a particular Vendor in order to receive Services. The Vendor has the right to deny Services if you do not present your Card before payment. The Card cannot be used as a form of payment.

  1. Lost or Stolen Cards
    Lost Cards are governed by this Membership Agreement. If you are a VIP Member and your Card is lost or stolen, send an e-mail to clockin@timecardexpress.comso that a replacement Card can be sent.
  1. The Website
    The Website offers the most up-to-date information on savings and partner benefits offered by participating Vendors. TTP takes reasonable efforts to maintain the accuracy of its database of Vendors and Services. However, TTP is not responsible for third parties’ restrictions or changes to their offers not communicated to TTP.

6.1 Use of the Website

As a Member, you will have to login to access certain sections of the Website, using the username and password you created at the time of registration. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you forget your password, upon verification that you are the rightful owner of the account, TTP will e-mail a password reset link to the e-mail address you provided during registration.

You may access the Website to edit and update your account information. You agree that the information you provide to TTP on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

Members can search for participating Vendors and their respective discount codes online via the Website. Some discount codes will only be available on the Website for a limited time. Some Vendors and Services may not be available in your community. You should contact the Vendor to confirm they offer the advertised Services.

If you are using or opening an account on the Website on behalf of a company, entity, or organization (an “Organization”), then you represent and warrant that you are an authorized representative of that Organization with the authority to bind such Organization to this Agreement; and agree to be bound by this Agreement on behalf of such Organization.

Even though TTP takes efforts to keep the listing of Vendors and Services up to date, TTP is not responsible for incorrect or incomplete information regarding the Vendor or its Services.

The Website may be used to contact the Member Service department. For questions, concerns, or suggestions e-mail clockin@timecardexpress.com. An agent will answer your e-mail within 48 hours.

6.2 Prohibited Conduct

By using the Website, you promise not to: harass, threaten or defraud Website users; make unsolicited offers, advertisements, proposals, or send junk email to users; impersonate another person or access another user’s account without that person’s permission; share TTP’s-issued passwords with any third party or encourage any other user to do so; allow third parties to use any Services under your own Membership, including other Members; misrepresent the source, identity, or content of information transmitted via the Website, including deleting the copyright or other proprietary rights; upload material (e.g., virus) that is damaging to computer systems or data of TTP or users of the Website; upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or upload or send to Website users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.

6.3 Prohibited Uses

Those who choose to access the Website do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy.

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner that, in TTP’s sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, or any part of the Website, other accounts, computer systems or networks connected to the Website, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, any features that prevent or restrict use or copying of any content accessible through the Website, or any features that enforce limitations on the use of the Website or the content therein.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form, nor to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website.

The Website may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without TTP’s express written permission or bypass TTP’s robot exclusion headers or other measures TTP may use to prevent or restrict access to the Website.

6.4 User Submissions.

General. The Website provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Website (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by TTP. TTP cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Website. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not TTP, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Website.

Right to Remove or Edit User Submissions. TTP makes no representations that it will publish or make available on the Website any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Website, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, TTP complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice.

License Grant by You to TTP. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to TTP, you hereby grant TTP and its affiliates, sublicensees, partners, designees, and assignees of the Website (collectively, the “TTP Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Website and TTP’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Website (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.

User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize TTP to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by TTP and this Agreement, and to grant the rights and license set forth above, and (ii) your User Submissions, TTP’s or any TTP Licensee’s use of such User Submissions pursuant to this Agreement, and TTP’s or any of TTP Licensee’s exercise of the license rights set forth above, do not and will not:  (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) cause injury to any other person; (c) violate this Agreement or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in this Agreement, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.  TTP may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that TTP determines in its sole discretion to be violative of the standards of this Website.  TTP takes no responsibility and assumes no liability for any User Submissions.

Inaccurate or Offensive User Submissions. You understand that when using the Website, you may be exposed to User Submissions from a variety of sources and that TTP does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST TTP WITH RESPECT THERETO.

Feedback.  If you provide TTP with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Website (“Feedback”), TTP will have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Website. You hereby grant TTP a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

6.5 Additional Terms.

When using the Website, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (the “FAQs”). All such FAQs are hereby incorporated by reference into this Agreement.

  1. Ownership; Proprietary Rights.

You agree and acknowledge that TTP owns all right, title, and interest in the Website, TTP trademarks, and any software, technology or tools used by TTP to promote, market, or advertise Services (collectively the “TTP IP”). You agree that you will not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the TTP IP or any portion thereof, or use such TTP IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. You shall not prepare any derivative work based on the TTP IP. You shall not translate, reverse engineer, decompile or disassemble the TTP IP.

  1. Third-Party Sites, Products and Services; Links

The Website may include links to other web sites or services (“Linked Sites”) solely as a convenience to users. TTP does not endorse any such Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Furthermore, TTP makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between you and such advertiser. YOU AGREE THAT TTP WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE WEBSITE.

  1. Waiver

A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provisions of this Agreement will not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

  1. Indemnification

You agree to defend, indemnify and hold TTP, its affiliated and related entities, and any of its officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to attorney’s fees and costs) arising out of or relating to any of the following: (a) any breach or alleged breach by you of this Agreement or the representations and warranties stated in this Agreement; (b) any claim for state sales or use tax obligations (“Taxes”) arising from the sale and subsequent redemption of a Service; (c) any claim by any local, state, federal, or international governmental entity for unredeemed Service or unredeemed cash values of Services or any other amounts under any applicable abandoned or unclaimed property or escheat law, including but not limited to any claims for penalties and interest (“Abandoned Property Claims”); or (d) any claim arising out of or relating to the Services provided by Vendors, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages. Without limiting the foregoing, Vendor shall pay any monies owed to any party, as well as all attorney’s fees, related to any action against, or determinations against TTP related to any action to pursue TTP for Taxes or Abandoned Property Claims.

  1. Disclaimer of TTP Warranties

SERVICES OFFERED VIA THE WEBSITE ARE OFFERED AND PROVIDED BY VENDOR AND/OR OTHER THIRD PARTIES, NOT TTP. YOU AGREE THAT ANY VISITS YOU MAKE TO VENDOR’S PLACE OF BUSINESS TO REDEEM SERVICES SHALL BE MADE AT YOUR OWN RISK.  IN NO EVENT SHALL TTP BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR ATTENDANCE OR RECEIPT OF A SERVICE OR APPOINTMENT ADVERTISED ON THE WEBSITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF VENDOR OR ANY OTHER THIRD PARTY IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE WEBSITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO YOU FOR ANY REASON WHATSOVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE WEBSITE, OR ANY CONTENT ON THE WEBSITE. TTP IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY VENDOR WITH WHICH YOU HAVE MADE A RESERVATION, OTHER THAN AS THE PROMOTER OF THE SERVICES PROVIDED ON THE WEBSITE. WITHOUT LIMITING ANYTHING HEREIN, TTP DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY SERVICES OR OTHER ACTIVITIES OFFERED VIA THE WEBSITE.

UNLESS OTHERWISE EXPRESSLY STATED BY TTP, TTP, ITS SUPPLIERS, AFFILIATES AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (1) THAT THE WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUCTION WITH OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (2) REGARDING THE USE OF THE WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1. Limitation of Liability and Damages

IN NO EVENT SHALL TTP BE LIABLE OR OBLIGATED TO YOU OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. TTP’S SOLE AND COMPLETE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ERRORS, OMISSIONS OR MISPLACEMENTS OF SERVICES SHALL BE LIMITED TO THE AMOUNT OF OPPORTUNITY FEES PAID HEREUNDER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TTP’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL TTP OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE).

  1. Vendor Disputes

TTP is not responsible if a Vendor changes its discount due to new ownership or acquisition. If you have a dispute with a Vendor to report, TTP will take commercially reasonable efforts to resolve the dispute on your behalf. TTP’s efforts to solve the dispute shall not constitute or be construed as accepting any responsibility or liability pertaining to the dispute.

You may report disputes with Vendors by contacting the Member Services department. Reports must be submitted and mailed and/or e-mailed in written form with the following information: Vendor name, Vendor address, date of purchase and/or date of Service, discount denied, and purchase and/or Service information.

  1. Governing Law; Arbitration

This Agreement shall be governed by the laws of the State of California, without giving effect to any principles that may provide for the application of the laws of another jurisdiction. Any disputes, controversies, or claims in connection with or arising out of this Agreement, its negotiation, breach, existence, validity or termination, shall be referred to and finally determined by arbitration in Los Angeles County, California, before a single arbitrator who is a member of the American Arbitration Association, from which arbitration there shall be no appeal. Such arbitration shall be held in accordance with the Commercial Rules of the American Arbitration Association. The award rendered by the arbitrator shall be final and binding on all parties, and judgment upon the reward rendered by the arbitrator may be entered in any court of competent jurisdiction. By using the Website or the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.

  1. E-mail Policy and Communication Preferences
    By registering online, Members opt-in to receive Card Membership e-mail updates. TTP uses these e-mail updates to notify Members of additional savings, special offers, site upgrades, new features, events, promotions and more. You have the option to e-mail us to opt out from receiving these e-mails using the link at the bottom of any promotional e-mail you may receive.

TTP reserves the right to e-mail you with information essential to your participation in the Card Membership program (for example, information on lost passwords, Card shipment information and Card expiration/renewal notices). You will not have the option to opt-out of e-mails of this nature.

  1. Contacting Member Services:

You may contact Member Services online by e-mailing at clockin@timecardexpress.com. An agent will answer your e-mail within 48 hours.

Or by mail at:

Time Travel Plans LLC
Attn: Time Card Express Membership
P.O. Box 1037
Culver City, CA 90232
USA

  1. Changes to Offers or Vendors

Offers made available through the Card Membership program may change from time to time. TTP reserves the right in its sole discretion to change the offers and/or participating Vendors at any time. In addition, Vendors may elect to change offers from time to time. TTP will make commercially reasonable efforts to make appropriate updates to the Website to reflect offer and/or Vendor changes. For a listing of current offers, Members should visit the Website. If you become aware of a discontinued offer listed, please notify TTP by sending an e-mail to clockin@timecardexpress.com . TTP undertakes no obligation to provide a replacement or substitute offer for any offer discontinued.

  1. Privacy

By using the Card you acknowledge that any information we receive from or about you through your Card Membership will be treated according to our Privacy Policy which is hereby incorporated into this Agreement by reference. Please read the Privacy Policy carefully for information relating to TTP’s collection, use, and disclosure of your personal information.

  1. Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  1. Miscellaneous

20.1 Assignment.  You may not assign or transfer your rights or obligations under this Agreement, whether by operation of law or otherwise, without TTP’s prior written consent.

20.2 Claims; Statute of Limitations. YOU AND TTP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ERROR OR OMISSION ADVERTISED ON THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THE CLAIM SHALL BE DEEMED WAIVED BY YOU.

20.3 Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.

20.4 Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision will not be deemed to limit or affect any of the provisions hereof.

20.5 Entire Agreement. This agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. This Agreement may be amended or modified only by mutual agreement of authorized representatives of the parties in writing.