Nutzungsbedingungen

These Terms of Use are effective as of April 1, 2022.

By accessing or using the LoungeBuddy website, the LoungeBuddy service, or any applications (including mobile applications) made available by LoungeBuddy (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). American Express National Bank (“American Express”) sends payments on your behalf to lounge operators as part of the Service and is a party to these Terms of Use. For the avoidance of doubt, the ‘Service’ includes sending your payment to the lounge operator. American Express is entitled to the same rights and protections as LoungeBuddy under these Terms of Use. American Express’s obligations in connection with the Service are limited to those obligations specifically set forth in these Terms of Use. American Express is not liable for any acts, omissions, or liabilities of LoungeBuddy in connection with the Service or otherwise, except to the extent specifically provided herein. The Service is owned or controlled by LoungeBuddy, Inc., a Delaware corporation (“LoungeBuddy”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, then do not access or use the Service.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LOUNGEBUDDY OR YOU AND AMERICAN EXPRESS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Basic Terms

1. You must be at least 13 years old to use the Service.
2. The information provided by LoungeBuddy (including access instructions, images, locations, hours, descriptions, amenities, pricing, etc.) may have inaccuracies, missing details, or may not be complete. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
3. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, profane or sexually suggestive photos or other content (including messages) via the Service.
4. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people who are expressly authorized to create accounts on behalf of their clients, LoungeBuddy prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to LoungeBuddy upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
5. You agree that you will not solicit, collect or use the login credentials of other LoungeBuddy users.
6. You are responsible for keeping your password secret and secure.
7. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you cannot post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, phone numbers or email addresses.
8. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
9. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
10. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or LoungeBuddy.
11. You must not create or submit unwanted email, comments, or other forms of commercial or harassing communications (a/k/a “spam”) to any LoungeBuddy users.
12. You must not use domain names or web URLs in your username without prior written consent from LoungeBuddy.
13. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any LoungeBuddy page is rendered or displayed in a user’s browser or device.
14. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
15. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other LoungeBuddy terms.
16. Violation of these Terms of Use may, in LoungeBuddy’s or American Express’ sole discretion, result in termination of your account. You understand and agree that LoungeBuddy cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for LoungeBuddy, we can stop providing all or part of the Service to you.

General Conditions

1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your LoungeBuddy account by sending an email to: [email protected] with your username and request to terminate your account. This must be sent from the email registered to your account. If we terminate your access to the Service or you request to have your account terminated, your photos, comments, likes, connections, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., as lounge location photos).
2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
3. We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
5. We reserve the right to force forfeiture of any username for any reason.
6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
7. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that LoungeBuddy is not responsible or liable for the conduct of any user. LoungeBuddy reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
8. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. LoungeBuddy does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that LoungeBuddy is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if LoungeBuddy has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the LoungeBuddy Parties (defined below) harmless for activity related to the Application.
9. You agree that you are responsible for all data charges you incur through use of the Service.
10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with LoungeBuddy’s express consent).

Rights

1. LoungeBuddy does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to LoungeBuddy a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Policy.
2. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that LoungeBuddy may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
4. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
5. The Service contains content owned or licensed by LoungeBuddy (“LoungeBuddy Content”). LoungeBuddy Content is protected by copyright, trade secret and other laws, and, as between you and LoungeBuddy, LoungeBuddy owns and retains all rights in the LoungeBuddy Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LoungeBuddy Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the LoungeBuddy Content.
6. The LoungeBuddy name and logo may not be copied, imitated or used, in whole or in part, without the prior written permission of LoungeBuddy. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of LoungeBuddy, and may not be copied, imitated or used, in whole or in part, without prior written permission from LoungeBuddy.
7. Although it is LoungeBuddy’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, LoungeBuddy reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by LoungeBuddy, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, LoungeBuddy encourages you to maintain your own backup of your Content. In other words, LoungeBuddy is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. LoungeBuddy will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
8. You agree that LoungeBuddy is not responsible for, and does not endorse, Content posted within the Service. LoungeBuddy does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
9. Except as otherwise described in the Service’s Privacy Policy, as between you and LoungeBuddy, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with LoungeBuddy is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place LoungeBuddy in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of LoungeBuddy, and LoungeBuddy will not be liable for any use or disclosure of any Content you provide.
10. It is LoungeBuddy’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, LoungeBuddy does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that LoungeBuddy is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Terms Governing use of the Service to Purchase Access to Lounges from Lounge Operators

1. LoungeBuddy is the operator of the Service. The Service includes an electronic portal available online and through mobile devices that allows retail consumers (“you”) the opportunity to find lounges and purchase access to lounges directly from lounge operators (each purchase of lounge access by you from a lounge operator, a "transaction"). Use of the Service, and your purchase of lounge access from lounge operators using the Service, is governed by these Terms of Use.
2. The Service displays information regarding available lounges and pricing for each lounge, if applicable. Lounge access prices are set by lounge operators, but for certain lounges LoungeBuddy has negotiated special rates for LoungeBuddy users. When you select and agree to purchase lounge access in a transaction, you agree to pay the lounge operator the access price displayed on the Service. American Express will process and remit your payment to the applicable lounge operator.
3. LoungeBuddy does not own, operate, control, manage or sell access to any of the lounges available through the Service and is not a party to any transaction. Each transaction is between you and a lounge operator. By using the Service and entering into a transaction, you acknowledge and agree that you are entering into an agreement with the lounge operator to purchase lounge access directly from such lounge operator. LoungeBuddy receives a finder’s commission for each transaction from the lounge operator. LoungeBuddy has no liability to you for any failure on the part of the lounge operator to provide access or to provide any particular service or amenity.
4. Your use of the Service, and the terms of any particular transaction, are also governed by the terms of use, policies and code of conduct for any particular lounge which is established solely by each lounge operator. Such terms of use, policies and/or codes of conduct may include additional terms and conditions not stated in these Terms of Use, and your failure or refusal to comply with such policies may result in your being refused entry to, or removed from, the lounge, with no refund of any fees paid. By completing a transaction, you agree to comply with all such terms of use, policies and/or codes of conduct.
5. All purchases are subject to applicable service fees and charges, which are non-refundable unless otherwise specified in these Terms of Use.
6. LoungeBuddy or American Express may, in their sole discretion or at the direction of a lounge operator, determine not to process or to cancel your transaction. LoungeBuddy and American Express also reserve the right, in their sole discretion, to take steps to verify or authenticate your identity prior to processing your transaction. If LoungeBuddy or American Express decides to take steps to verify or authenticate your identity, you agree to assist with the verification or authentication process by providing any information or documentation requested by LoungeBuddy or American Express. You authorize LoungeBuddy and American Express to access information with or obtain reports from third parties if LoungeBuddy or American Express believes that such information or reports may assist with the identity verification or authentication process. If LoungeBuddy or American Express asks you to execute a supplemental authorization to access such information or reports, then you agree to do so. If you do not cooperate with the identity verification or authentication process as described in this paragraph, then you will not be able to complete the transaction, and might not be able to use the Service for future transactions. LoungeBuddy and American Express also reserve the right, in its sole discretion, to take steps to verify your identity prior to processing your transaction. You will not be charged for transactions that LoungeBuddy does not process. Unless a different currency is specified during the check-out process, all transactions will be processed in United States Dollars, notwithstanding that some prices may be displayed in local currencies. You shall be solely responsible for all fees incurred in connection with any currency conversion.
7. Each transaction is cancellable and refundable (less applicable service fees and charges, including any amounts associated with currency conversion) if you cancel a transaction at least 24 hours before the lounge entry time you have purchased. Transactions booked less than 24 hours before the scheduled lounge entry time are not refundable and you will be charged whether or not you actually use the lounge. To be eligible to receive a refund, you must notify us at [email protected] at least 24 hours before your scheduled lounge entry time and provide the following information: (i) your full name and email address (as they appear in your booking confirmation); and (ii) your booking confirmation code.
8. LoungeBuddy provides descriptions of lounges and other related content based on information provided by the lounge operator or other third parties. As a result, LoungeBuddy is unable to guarantee the accuracy of any such content or information. LoungeBuddy is not responsible for any claims associated with such descriptions. Lounge operators are solely responsible for honoring the lounge access that they advertise, market and sell via the Service and for any and all liabilities arising from the sale of lounge access and your use of the lounge.
9. Lounge operators are ultimately responsible for any disputes raised by you except to the extent arising out of the operation of the Service itself. LoungeBuddy and American Express reserve the right to investigate any transactions or fees that you dispute, and LoungeBuddy and American Express, in their sole discretion as intermediary between you and the lounge operator, may cancel any of your upcoming reservations and/or suspend your account while reviewing any disputed charges.
10. Any gift cards or promotional codes (including discounts, coupons or other similar promotions) offered by LoungeBuddy are subject to these Terms of Use, their own terms and conditions and any other terms or conditions communicated in connection with the sale or offering of such gift cards or promotional codes. In the case of any conflict between the terms or conditions of such gift cards or promotional codes and these Terms of Use, these Terms of Use shall control. Any attempt to redeem a gift card or promotional code in violation of these Terms of Use will render the gift card or promotional code void except to the extent of any value such gift card or promotional code must be accorded by law.
11. LoungeBuddy reserves the right to amend or modify these Terms Governing Use of the Service to Purchase Access to Lounges from Lounge Operators at any time and from time to time, without notice to you.
12. The Service is limited to private purpose. A tax invoice according to respective taxation laws of selected countries will not be issued.

Reporting Copyright and Other IP Violations

1. We respect other people’s rights, and expect you to do the same.
2. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

3. Digital Millennium Copyright Act Notice -- If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please notify LoungeBuddy’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

   • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
   • Identification of the copyrighted work that you claim is being infringed;
   • Identification of the material that is claimed to be infringing and where it is located on the Service;
   • Information reasonably sufficient to permit LoungeBuddy to contact you, such as your address, telephone number, and email address;
   • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
   • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

   LoungeBuddy’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
   Attn: DMCA Agent - Technology & Digital Law Group
   LoungeBuddy Inc. c/o American Express
   General Counsel's Office
   200 Vesey Street
   New York, NY 10075
   [email protected]

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, LOUNGEBUDDY CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER LOUNGEBUDDY NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “LOUNGEBUDDY PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE LOUNGEBUDDY CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO LOUNGEBUDDY OR VIA THE SERVICE. IN ADDITION, THE LOUNGEBUDDY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE LOUNGEBUDDY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE LOUNGEBUDDY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE LOUNGEBUDDY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE LOUNGEBUDDY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE LOUNGEBUDDY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

NEITHER LOUNGEBUDDY NOR AMERICAN EXPRESS MAKE ANY REPRESENTATION ABOUT, OR ENDORSEMENT OF, ANY OF THE LOUNGES TO WHICH YOU MAY PURCHASE ACCESS VIA THE SERVICE, AND SUCH ACCESS IS PROVIDED BY LOUNGEBUDDY AND AMERICAN EXPRESS ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE LOUNGEBUDDY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE LOUNGEBUDDY CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE LOUNGEBUDDY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE LOUNGEBUDDY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE LOUNGEBUDDY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE LOUNGEBUDDY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LOUNGEBUDDY’S OR AMERICAN EXPRESS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE LOUNGEBUDDY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE LOUNGEBUDDY PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

NEITHER LOUNGEBUDDY NOR AMERICAN EXPRESS ARE RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at LoungeBuddy’s or American Express’ request), indemnify and hold the LoungeBuddy Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by LoungeBuddy or American Express in the defense of any claim. LoungeBuddy and American Express reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of LoungeBuddy or American Express.

Arbitration

Except if you opt-out or for disputes relating to: (1) your, American Express’ or LoungeBuddy’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of provisions 13 or 14 of the Basic Terms, above (“Excluded Disputes”), you agree that all disputes between you and LoungeBuddy or you and American Express (whether or not such dispute involves a third party) with regard to your relationship with LoungeBuddy or American Express, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you, American Express and LoungeBuddy hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor LoungeBuddy nor American Express will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if LoungeBuddy or American Express is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either LoungeBuddy, American Express or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor LoungeBuddy, nor American Express can require the other to participate in an arbitration proceeding. To opt out, you must notify LoungeBuddy in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

LoungeBuddy, Inc. ATTN: Arbitration Opt-out, 200 Vesey Street New York, NY 10285.

You must include your name and residence address, the email address you use for your LoungeBuddy account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with LoungeBuddy and American Express.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with LoungeBuddy or American Express must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with LoungeBuddy or American Express exclusively in a state or federal court located in San Francisco, California, and to submit to the personal jurisdiction of the courts located in San Francisco County for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. LoungeBuddy’s or American Express’ failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. LoungeBuddy and American Express reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with LoungeBuddy.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and LoungeBuddy and American Express related to the Service and these Terms of Use govern your use of the Service, superseding any prior agreements between you and LoungeBuddy and you and American Express related to the Service. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of LoungeBuddy or American Express. Any purported assignment or delegation by you without the appropriate prior written consent of LoungeBuddy or American Express will be null and void. LoungeBuddy or American Express may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject LoungeBuddy or American Express to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature of the Service that LoungeBuddy or American Express provides.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

The effective date of these Terms of Use is April 1, 2022. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.