TERMS OF USE

Nightlife ButlerTM

This Web site is provided by Nightlife Butler, LLC, a Nevada Limited Liability Company, located at 8871 W. Flamingo Road, Suite 202, Las Vegas, Nevada 89147.

For purposes of these Terms of Use, references to “we,” “our,” and “us” mean, Nightlife ButlerTM and Nightlife Butler, LLC. References to “you” and “your” mean the user of this Web site, bearing the URL www.nightlifebutler.com.

The provisions of these Terms of Use apply equally to and are for the benefit of Nightlife ButlerTM, our subsidiaries, affiliates, merchants, vendors and third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

About Nightlife ButlerTM.

Nightlife ButlerTM provides unique, VIP experiences and packages (hereinafter “Services,”) at Las Vegas venues and with Las Vegas vendors and merchants (hereinafter collectively “Vendors”).

Agreement to be Bound.

The following conditions, together with the relevant information set out on this Web site, including any features and services available, such as RSS feeds, podcasts, images, video and materials found on this site (collectively the “Web site,”) are subject to the Terms of Use set forth below. Please read them carefully as any use of this Web site constitutes an agreement, without acceptance, to be bound thereby by the user. By using this Web site you represent that you have read and understand the Terms of Use and that you agree to be bound by these Terms of Use as set forth below. You further represent that you are twenty-one (21) years of age or older and have the capacity to enter into such a legally-binding contract.

These Terms of Use are subject to the Privacy Policy, which also governs your use of the Web site.

Modifications and Changes to Terms of Use.

We may modify, add to, suspend or delete the Terms of Use or Privacy Policy, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site. Your use of the Web site after modification, addition or deletion of the terms of service or the Privacy Policy shall be deemed to constitute acceptance by you of the modification, addition or deletion.

Modifications and Changes to the Web Site.

We may modify, add to, suspend, or delete any aspect or service offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

Payment Terms.

The prices for the Services are displayed at the point of purchase. Payment may be made via ACH bank transfer, online invoicing, and/or debit or credit card (VISA, Mastercard, and American Express).

Payments shall be processed immediately and may only be cancelled or refunded as provided herein.
For questions regarding payment, please contact customer service prior to purchase at info@nightlifebutler.com.

Refund and Cancellation Terms.

Services may be cancelled at any time by contacting customer service at info@nightlifebutler.com.
You acknowledge that due to the nature of the Services, which require us to contract with vendors on your behalf, you shall only be entitled to a partial refund should you cancel your Service unless otherwise approved by us, in writing, prior to cancellation subject to the following terms:

No refunds of any kind shall be given for Services falling on a holiday, including but not limited to Memorial Day, Christmas, New Years, Veteran’s Day, President’s Day, Thanksgiving Day, Easter Day, Fourth of July, and Martin Luther King, Jr., Day. This term shall include the holiday itself as well as any and all preceding or following Saturday or Sunday, preceding or following Friday, and/or proceeding or following Monday.

For non-holiday Services, refunds shall be given, at our sole and exclusive discretion, if the cancellation request is made more than twenty-four (24) hours prior to 12:01 a.m. on the date the Services are to commence. In such circumstances we may, in our sole and exclusive discretion, provide of refund of payment received, exclusive of a twenty-five percent (25%) cancellation fee and non-refundable expenses, including but not limited to vendor costs.

No refunds of any kind shall be given for non-holiday Services if the cancellation request is made fewer than twenty-four (24) hours prior to 12:01 a.m. on the date the Services are to commence.
Right of Refusal, Limitation, and Discontinuation.

We reserve the right to refuse to provide any Services to anyone for any reason at any time at our sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per entity, per household or per order. These restrictions may include reservations placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an reservation, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the reservation was made. We reserve the right to limit or prohibit reservations that, in our sole judgment, appear to be placed by competitors, dealers, resellers or distributors.

We reserve the right to limit the available quantities of the Services and/or any other product or subscription designed, sold, distributed and/or otherwise made available through this Web site for any reason at any time at our sole discretion.

We reserve the right to discontinue any and all Services and/or any other product or subscription designed, sold, distributed and/or otherwise made available through this Web site for any reason at any time at our sole discretion.

Any offer for any Services and/or any other product or subscription designed, sold, distributed and/or otherwise made available through this Web site is void where prohibited.

Accuracy, Completeness and Timeliness of Information.

We are not responsible if information made available on this Web site is not accurate, complete or current. You acknowledge that such the Web site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You further acknowledge that the photographs and other images contained on this Web site are for informational purposes only and may not be actual photographs and/or images of the advertised venue, Vendor and/or Service.

Prohibited Use of the Web site.

In addition to other prohibitions as set forth in these terms and conditions, you are prohibited from using the Web site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Web site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web site, other websites, or the Internet. We reserve the right to terminate your use of the Web site for violating any of the prohibited uses or for any other reason at our sole and exclusive decision.

Intellectual Property Rights Not Waived.

All material (“Materials”) displayed or transmitted on this site, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.

Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the materials carried on this site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the materials found on this site. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the materials found on this site.

You may make a single print copy of any of the materials found on this site provided by us on this Web site for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the report or other material. You may not archive or retain any of the materials found on this site without our express written permission. All requests for archiving, republication or retention of any part of the materials found on this site must be in writing to us and must clearly state the purpose and manner in which the material. Requests for permission to archive, retain, or republish any part of the materials found on this site may be submitted to info@nightlifebutler.com.

You acquire no rights or license whatsoever in the materials found on this site other than the limited rights to use the site in accordance with these Terms of Use. Any of the materials found on this site accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms of Use specified in this agreement. We reserve any rights not expressly granted under these Terms of Use.

Advertisements and Promotions.

We may, from time to time, run advertisements and promotions from third parties (e.g. vendors) on the Web site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not 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 third-party promotions or advertisements on the Web site.

Links and Third Party Links.

This Web site may from time to time contain links or pointers to Internet sites maintained by third parties (e.g. vendors.) We do not operate or control in any way any information, products or services on these third-party sites and we expressly disclaim any responsibility for such third-party sites, which are provided for your convenience on an “as is” basis without warranties of any kind, express or implied.

Disclaimer of Warranty; Limitation of Liability.

(A) YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. NEITHER US OR ANY RELATED SUBSIDIARY, ITS OTHER AFFILIATES NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE OR OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEB SITE, MATERIALS FOUND ON THIS SITE OR OTHER MATERIALS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED.

(B) ANY DOWNLOADABLE SOFTWARE, WITHOUT LIMITATION, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.

(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THIS WEB SITE IS BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR ANY INFORMATION ON THIS WEB SITE. BY USING THIS WEB SITE OR BY RELYING ON ANY OF THE MATERIALS OR INFORMATION CARRIED ON THIS WEB SITE YOU ASSUME ALL THE RISK AND RESPONSIBILITY ARISING OUT OF USE OR RELIANCE ON THIS WEB SITE. WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY MATERIALS CARRIED ON THIS WEB SITE.

(D) WE DO NOT HAVE A CONTRACTUAL OBLIGATION NOR MORAL OR ETHICALLY RESPONSIBILITY OR THE TECHNICAL MEANS TO VERIFY THE IDENTITY OF PERSONS WHO REGISTER AS USERS OR USE OUR SERVICES OR

 TO VERIFY OR MONITOR USER CONTENT (ALTHOUGH WE DO RESERVE THE RIGHT TO MONITOR IF WE THINK IT APPROPRIATE.)

 YOU SHOULD TAKE APPROPRIATE PRECAUTIONS WHEN ARRANGING ALL BUSINESS DEALINGS THROUGH THE WEB SITE OR MEETING VENDORS FOR BUSINESS DEALINGS OR OTHER PURPOSES.

(E) IN NO EVENT WILL US, OUR SUBSIDIARIES, OTHER AFFILIATES OR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEB SITE OR THE MATERIALS FOUND ON THIS SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE OR THE MATERIALS FOUND ON THIS SITE.

(F) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE WEB SITE, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEB SITE OR OUR MATERIALS FOUND ON THIS SITE.

(G) WE DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
(H) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEB SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

Indemnification.

You agree to defend, indemnify and hold us harmless, as well as our affiliates and/or vendors and respective directors, officers, employees and agents, from and against all claims and expenses, including attorneys’ fees, arising out of or related to your use of the Web site, the Services, the other materials found on this site, fraud you commit or your intentional misconduct or gross negligence, or your violation of any applicable U.S. or foreign law or rights of a third-party.

You further agree to defend, indemnify and hold us harmless, as well as our affiliates and/or vendors and respective directors, officers, employees and agents, from and against all claims and expenses, including attorneys’ fees, for your breach of this agreement or your violation of any law or the rights of a third party.
You are solely responsible for your interactions with Vendors. To the extent permitted under applicable laws, you hereby release us from any and all claims or liability arising from or related to the booking Services offered by Nightlife Butler and/or arising from or related to any product or service of a Vendor, any action or inaction by a Vendor, including but not limited to any harm caused to you by action or inaction of a Vendor, a Vendor’s failure to comply with applicable law and/or failure to abide by the terms of a Service and any conduct, speech or other content, whether online or offline, of any other third-party.
Governing Law.

This agreement will be governed and construed in accordance with the laws of Nevada without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Clark County, Nevada, and any cause of action which arise from use of this Web site or from interpretation of these Terms of Use must be filed in the courts located in Clark County, Nevada.

Arbitration.

You agree that any dispute concerning, relating, or referring to these Terms of Use shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association. Such proceedings will be governed by and in accordance with substantive Nevada law.
The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.
Severability of Provisions.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.

Entire Agreement.

This constitutes the entire agreement between the parties concerning the Terms of Use of this Web site.

Contact Information.

If you have any questions or concerns about the Terms of Use you may contact us at info@nightlifebutler.com.

Updates & Effective Date.

The effective date of this policy is July 21, 2014. From time to time, we may update these Terms of Use, so we encourage you to review them often.