Long Angle Premier Terms of Service Agreement

1. Description of Services

Long Angle provides Premier users access to benefits and services and information not otherwise available to non-Premier Long Angle members (the "Service" or “Premier Services”) through the Long Angle website, app or other means of transmission (the “Site”). The Service may change over time and Long Angle reserves the right to change the Services at its sole discretion.

2. License and Site Access

Long Angle grants you a limited license to access and make personal use of the Service. This license does not include any downloading or copying of account information for the benefit of any other third party or member; any unauthorized use, transmission, or sharing of information from within the Site; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Long Angle to prevent or restrict access to the Site or Services and any unauthorized use will terminate your right to use the Services.

By using the Services you agree not to: (i) use the Services or any information from within the Site for any commercial purpose; (ii) make any speculative, false, or fraudulent reservation, purchase, queue, or the like in anticipation of demand; (iii) attempt to bypass, evade, or share access to the Services with any third party or non-paying member; (iv) share any information from within the site with any vendor (including any vendor that is part of the Services), third party, or any competitor to any vendor or to Long Angle; (v) share any promo codes, link to allow others to utilize Premier benefits; and/or (vi) selling, trading, or transferring their Membership to any other party.

3. Membership Eligibility

The Service is only available to Long Angle Members (“Members”) who have been invited to use the Services and/or who have paid the associated fees for use of the Services.  Members who are provided access to the Premier Services are “Premier Members.”  For avoidance of doubt, a Member is not a Premier Member, unless they qualify under the TOS through invitation and/or payment of Premier Member fees.  The Services are restricted to any party who is not a Member or who has been removed from Long Angle as a Member for any reason.  Premier Members may not share the Services with any party.  Sharing of Services with a spouse, family member, friend, other Member or the like, may only be done through the terms of service of the applicable vendor. Premier Members may only consume the Services themselves and sharing of the Services is permitted only if acceptable under the third party vendor terms of service.  E.g. a Premier Member who uses the Services to purchase a vacation rental, may share said rental with a third party, whereas a Premier Member who obtains a banking relationship benefit, may not share a code, access, or benefits with any other party.  Premier Members are prohibited from selling, trading, or otherwise transferring their Membership account to another party. If you do not qualify, you may not use the Service or the Site.

4. Membership and Account

In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself when you apply for Membership. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Long Angle has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Long Angle has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services. Members are responsible for maintaining the confidentiality of accounts and passwords and agree to accept responsibility for all activities that occur under the Member’s account or password. You agree to notify Long Angle immediately of any unauthorized use of your account or any other breach of security.

Long Angle reserves the right to refuse Membership and Premier Membership from any person for any legal reason, including, but not limited to, violation of the TOS, inappropriate behavior, removal of Membership, or by reflecting negatively on Long Angle in any way, in Long Angle’s sole discretion.

By purchasing a membership you are entering into a binding contract on the TOS described herein and also agree to receive communications via e-mail messages, text messages, push notifications, or other messages, from Long Angle and Long Angle Premier partners.  All communications will be sent to the primary member’s e-mail or mobile phone currently provided in the member’s membership account. Members must keep their email and mobile phone current.

5. Term, Fees and Billing

Upon payment of the Premier Membership fee (the “Fee”) and approval of your payment and confirmed Membership, you will be granted access to the Services. Your Premier Membership fee may be subject to taxation in accordance with applicable federal or state law, and the fee does not include such taxes.  Long Angle reserves the right to change the Fee at any time, but such change shall only apply to new and renewal Premier Memberships.  

The initial term of a Premier Membership shall commence on the date it is purchased and continue for the duration of the agreed-upon Membership period (the “Membership Period”) and will automatically renew unless you cancel your Premier Membership in advance of the end of the Membership Period or your Membership is terminated by Long Angle.  Fees are not refundable.

Fees will be billed prior to the start of each Membership Period automatically to the credit card on file, in the amount of the then current Fee.  If any payment fails we may continue to attempt to charge the Fee for the Membership Period and if it does not go through, your Premier Membership and access to the Services will be terminated.

7. Cancellation, Termination, and Changes to Service

You have the right to cancel your Membership at any time and refunds will only be issued pursuant to the applicability of the Premier Membership offering at the time of purchase or renewal.  Any use of the Services will negate the eligibility of a refund.

Long Angle may suspend or terminate, without notice, the Premier Membership and/or Membership for any reason including any potential violation of the TOS, applicable law, or otherwise be harmful to Long Angle.  If Long Angle cancels the Premier Membership, it may in its discretion refund any balance on a reasonable basis, or depending on the reason for termination the Member may forfeit the Fee.

Long Angle may terminate or change all of the benefits of the Services at any time with or without notice and no refunds will be provided.

8. Vendor Payments and Policies

Member acknowledges and agrees that any vendor charges including fees, payments, tax and incidentals are the responsibility of the individual Member and that Long Angle will not be responsible for any fees, payments, taxes, or charges of any kind to the partner vendors.

Each Member further acknowledges and agrees to abide by all partner vendor rules, policies, and applicable law.  Member agrees to read these additional terms and conditions carefully and abide by all terms and conditions.  Any violation of such payments, terms and conditions, or partner vendor policies may result in immediate termination of your Premier Membership and forfeiture of Fees and other benefits of the Services. Member may also be liable to Long Angle for any costs incurred by Long Angle associated with such Member violations.

9. Disclaimer of Liability, Indemnity and Warranty

THE CONTENT, PRODUCTS, AND SERVICES PUBLISHED BY LONG ANGLE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. LONG ANGLE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. LONG ANGLE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LONG ANGLE, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE PARTNERS PROVIDING SERVICES ARE NOT AGENTS OR EMPLOYEES OF LONG ANGLE OR ITS AFFILIATES AND LONG ANGLE AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. LONG ANGLE AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, INABILITY TO USE THE SERVICES, STRIKE, FORCE MAJEURE OR OTHER CAUSES, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL LONG ANGLE, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

NOTWITHSTANDING THE ABOVE LIMITATION, IF LONG ANGLE AND/OR ITS AFFILIATES ARE FOUND LIABLE IN ANY WAY RELATED TO THE SERVICES THEN SUCH LIABILITY SHALL BE LIMITED TO, THE FEES YOU PAID TO LONG ANGLE FOR USE OF THE SERVICES IN THE GIVEN SERVICE TERM.

You agree to indemnify and hold Long Angle (and its Members, owners, officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, your violation of any law or the rights of a third party, or your use of the Services.

10. Modification and Notification of Changes

Long Angle reserves the right to make changes to the Services, Premier Membership and Membership Agreement, related policies and agreements, this TOS and the Privacy Policy at any time. If Long Angle makes a material modification to this TOS and it is required to notify you by applicable law, we will notify you by: sending an email to the address associated with your account and Long Angle is not responsible for your failure to receive any email for any reason.

11. Survival of Terms After Agreement Ends

Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS and the user’s Premier Membership.

12. General

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and Long Angle will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Long Angle agree to submit to the personal jurisdiction of the federal and state courts located in the State of Texas with respect to any legal proceedings that may arise in connection with this TOS. The failure of Long Angle to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS.