Valu-Pass’s Collection of Information and Privacy of Your Information.
Some of the ways Valu-Pass accumulates and uses your personal information include, but are not limited to the following: Valu-Pass uses the information it collects about you to process orders and to provide better service. When you make a reservation using Valu-Pass’s services, Valu-Pass may need to know your name, email address, mailing address, phone number, credit card number, and expiration date. This allows Valu-Pass to process and fulfill your order and to notify you of your order status. When you subscribe to Valu-Pass’s e-newsletter, Valu-Pass may ask for your name, address, phone number and email address so that it can properly route the information. When you enter a contest or other promotional feature, Valu-Pass may ask for your name, address, phone number and email address so it can administer the contest and notify winners. Valu-Pass personalizes your experience online by using your contact with Valu-Pass’s websites to shape Valu-Pass’s recommendations about Valu-Pass content that might be of interest to you. Valu-Pass also monitors customer traffic patterns and website usage to help it develop the design and layout of the site. Valu-Pass may also use the information it collects to occasionally notify you about important changes to its services, new services and special offers. In addition, Valu-Pass may choose to sell, trade, or rent your personal information to third parties. Such third parties may use your information for a variety of reasons including, but not limited to soliciting you for offers of products and/or services. OPTING OUT- We use an email delivery and marketing company to send the emails that you have agreed to receive. If you would rather not receive information from Valu-Pass such as (i) updates highlighting specials, promotions, contests, sweepstakes and other opportunities available on our site and/or sponsored by our service providers and advertisers; and/or (ii) our newsletter highlighting specials, promotions, contests, sweepstakes and other opportunities available on our site and/or sponsored by our service providers or do not want Valu-Pass to disclose your information to unrelated third parties, please send Valu-Pass an email notification at service@Valu-Pass.com or in writing to Valu-Pass. Please specify in your email to opt out of third party offers, opt out of Valu-Pass offers, or opt out of both Valu-Pass and third party offers. You agree to allow Valu-Pass up to thirty (30) days for the change to take effect in Valu-Pass’s system. The change will not have been deemed to take effect until you receive a written confirmation of the change from Valu-Pass.
You understand that Valu-Pass and/or its partners may monitor, tape and or record any conversation that may occur between us. However, Valu-Pass is not obligated to do so and it may choose not to do so.
PERSONALLY IDENTIFIABLE INFORMATION PROVIDED BY YOU
Much of www.Valu-Pass.com is accessible to you without providing personally identifiable information. However, Valu-Pass may request you to register and provide personally identifiable information to enable you to become a member and utilize certain features of www.Valu-Pass.com, such as making reservations, subscribing to our weekly e-newsletter, and entering contests and other promotional features. www.Valu-Pass.com will specifically ask you for the personally identifiable information, and your provision of such information will always be on a voluntary basis.
VALU-PASS’S USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
When you make a reservation using our services, we may need to know your name, e-mail address, mailing address, phone number, credit card number, and expiration date. This allows us to process and fulfill your order and to notify you of your order status. When you subscribe to our weekly e-newsletter, we may ask for your name, address, phone number and email address so that we can properly route the information. Also, when you enter a contest or other promotional feature, we may ask for your name, address, phone number and e-mail address so we can administer the contest or other promotional feature and notify winners.
In addition, we personalize your experience online by using your contact with our site to shape our content. We also monitor customer traffic patterns and site usage to help us develop the design and layout of the site. We may provide aggregate statistics about our customers, sales, traffic patterns, and related information to reputable third party vendors.
We may use the information we collect, online and offline, to notify you about important changes to our services, new services, and special offers we think you will find valuable. Currently, Valu-Pass shares your personally identifiable information with third parties. At times we may choose to sell, loan, trade, or rent your personally identifiable information to others.
In addition, Valu-Pass reserves the right to share or disclose your personally identifiable information when it determines, in its sole discretion, that the disclosure of such personally identifiable information is necessary to identify, contact, or bring legal action against you if you may be: (i) causing intentional or unintentional injury to another; (ii) interfering with another’s rights or property, including Valu-Pass’s rights or property; (iii) violating any applicable law, rule or regulation; or (iv) such disclosure is required by any applicable law, rule or regulation.
EMAIL ADDRESSES, USERNAMES AND PASSWORDS MAY BE ISSUED TO YOU
You may be issued a username and password and/or personal identification number (“PIN”) by Valu-Pass to utilize certain features of www.Valu-Pass.com. In order to receive a username or PIN from Valu-Pass for use on www.Valu-Pass.com, you will be required to submit personally identifiable information. You are responsible for keeping your usernames, passwords and PINs, if any, confidential. You are responsible for any access, use or activities on www.Valu-Pass.com under your username, password and PIN.
SECURITY OF YOUR SUBMISSIONS AND TRANSMISSIONS
Valu-Pass utilizes its best efforts to protect the security of any information submitted or transmitted by you to www.Valu-Pass.com, including, but not limited to, personally identifiable information. Valu-Pass has security measures in place to protect the loss, misuse and alteration of the information under our control. When you submit your order through Valu-Pass, we offer the use of a secure server. The secure socket layer technology (SSL) encrypts all information you input before it is sent to us.
Please note that, regardless of the precautions we take, “faultless security” does not exist on the Internet. As a result, while we strive to protect your personal information, Valu-Pass cannot guarantee the security of any information you submit or transmit to www.Valu-Pass.com, and you do so at your own risk. In the unlikely event that an unauthorized third party compromises Valu-Pass’s security system, Valu-Pass is not responsible for any occurrences or damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate your submissions or transmissions to www.Valu-Pass.com, or your personally identifiable information.
Valu-Pass utilizes “cookies” to track and store preferential information about you as you use www.Valu-Pass.com. “Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored on your hard drive by your web browser. Cookies track your personal preferences and activities, but in no way contain any personally identifiable information. This, however, is subject to change.
If you do not want www.Valu-Pass.com cookies to be inserted into your hard drive, you can disable your hard drive’s ability to accept and receive cookies through your web browser. Even without a cookie, you can still use many of the www.Valu-Pass.com features. However, keep in mind that if you disable your hard drive’s ability to accept and receive cookies, you may not be able to fully utilize all of the convenient features of www.Valu-Pass.com. For instance, you may have to log in more than once per session.
LINKS TO OTHER INTERNET WEBSITES ON WWW.VALU-PASS.COM
ACCESS AND USE BY MINORS
www.Valu-Pass.com is not intended to be accessed or utilized by persons under the age of 18. Valu-Pass does not intend or purposefully attempt to gather information from children under the age of 18. In addition, Valu-Pass does not intend to or purposefully market to persons under the age of 18. Persons under the age of 18 are not eligible to enroll in our clubs or purchase any other products or services from Valu-Pass, and persons under the age of 18 should not submit any personal information to us.
ARBITRATION AND GOVERNING LAW
In the event of a dispute between You and Valu-Pass, You and Valu-Pass agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties’ mutual interests. Except as expressly provided in the following section titled “Injunctive Relief”, all disputes shall be submitted to final and binding arbitration to be conducted in Orange County, Florida, or a location closest to Orange County, Florida if no such location for the chosen arbitration body exists there.
MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL.
The party filing the arbitration must choose one of the following three arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration:
- American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605 (phone: 800-778-7879) (http://www.adr.org)
- National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405-0191 (phone: 800-474-2371) (http://www.arb-forum.com)
- JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 (phone: 949-224-1810) (http://www.jamsadr.com)
In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select another of the firms. Each party will bear its own expenses, and the parties will share equally the filing and other fees of the arbitration firm and the expenses of the arbitrator, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous.
The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
During the pending of such arbitration and until final judgment thereon has been entered, this Agreement will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable.
This Agreement and all transactions between you and Valu-Pass shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, without regard to principles of conflicts of laws.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such violation, attempted violation, or threatened violation shall be brought in the courts of record of Orange County, Florida, or the United States District Court, Middle District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge information regarding the manner in which Valu-Pass shares certain categories of your personal information with third parties for direct marketing purposes. California law provides that you have the right to submit a request to Valu-Pass and receive the following information:
- The categories of information Valu-Pass disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year;
- The names and addresses of third parties that received such information; and
- If the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed.
You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. Valu-Pass designated email address for such requests is email@example.com.
YOUR QUESTIONS, COMMENTS & COMPLAINTS
Effective date: 2/18/2011