TERMS OF SERVICE
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 03/02/2020. ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with All Access Executive Solutions, also known as All Access GTE, located at 601 Route 73 N Suite 205, Marlton, New Jersey 08053 and our subsidiaries and affiliates, in association with the use of the All Access GTE website, which includes www.allaccessgte.com, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a news and informational website which has the following description: The purpose of is to host relevant information and news as it relates to the specific events and trips that All Access Executives Solutions provides access to, now and in the future. Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of All Access Executive Solutions. At its discretion, All Access Executive Solutions may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. All Access Executive Solutions does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that All Access Executive Solutions shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith. Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such All Access Executive Solutions shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
All users herein agree to insure and hold All Access Executive Solutions, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of All Access GTE Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to All Access GTE's sites.
All Access Executive Solutions shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Either All Access Executive Solutions or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that All Access Executive Solutions shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that All Access Executive Solutions's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by All Access Executive Solutions or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on All Access Executive Solutions Services (e.g. Content or Software), in whole or part. All Access Executive Solutions herein has granted you personal, non-transferable and nonexclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by All Access Executive Solutions for use in accessing our Services.
All Access Executive Solutions may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
WAIVER AND SEVERABILITY OF TERMS
At any time, should All Access Executive Solutions fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred. VIOLATIONS Please report any and all violations of this TOS to All Access Executive Solutions as follows: Mailing Address: All Access Executive Solutions 601 Route 73 N Suite 205 Marlton, New Jersey 08053 Telephone: 833-256-4653
GOLF TRAVELERS RESPONSIBILITIES
Prices are based on the currency exchange rate at the time of booking and are subject to adjustments according to the currency exchange rate at the time of payment. Prices are guaranteed against fluctuation once payment is received. A 50% deposit is required to secure services. Some of our suppliers may require additional deposits to confirm tee times or other services. The final payment is due 90 days before the commencement of the trip. Reservations made within 90 days are subject to full payment upon confirmation. All of our prices reflect a 3.5% discount for payment by check. CANCELLATION:
Cancellations must be in writing to All Access GTE and are subject to the following charges: Cancellation 60 days or more before arrival date: 30%, plus any non-refundable penalties imposed by our suppliers. Cancellation between 60 and 30 days before arrival date: 50%, plus any non-refundable penalties imposed by our suppliers. Cancellation less than 30 days before arrival date: 100%. Any changes made after the deposit has been paid are subject to a fee of $100 per change in addition to any penalties charged by our suppliers. Any changes requested within 90 days of departure, are subject to the policies and availability of our service providers (hotels, transport, restaurants, golf clubs). Significant changes may be considered as a cancellation and rebooking and would be subject to the above-mentioned cancellation policy. All Access GTE will not assume responsibility for any delay or damage to or loss of property or injury to or death of persons due to transportations (rental car, motorcoach, railroad, air flight, or any other conveyances), or due to suppliers (accommodations, golf courses, restaurants), or due to any other external reasons (strikes, weather conditions, etc). If during the vacation, any of the service providers (hotels, restaurants, golf clubs, transportation, etc.) do not provide the agreed services, clients must submit a written claim to All Access GTE within 30 days of the end of the stay. There will be no refunds for any unused portions of the program. The client acknowledges having the necessary golf skills to play on the golf courses reserved. The client plays golf on the course solely at your own responsibility towards others and the golf course. All Access GTE cannot be held responsible if the golf course cannot be used due to weather conditions or other unforeseen circumstances. Green fees will only be refunded if the golf course is unavailable for play.
EVENT ATTENDEES RESPONSIBILITIES
All Access Executive Solutions (“AAES”) agrees to provide the clients designated nominees a full Sports Hospitality Package as described in the event marketing PDF. Client information and passes will be distributed approximately four (4) weeks before the event. Ticketing, if applicable, will be provided on the day of the event unless otherwise stated. Any tickets referenced are merely an accommodation and the company acts only as an agent between the client and the original holder of the tickets and any arrangement to transfer tickets to a client will be within the conditions laid down by the event organizers. It is understood that the tickets are not to be used as an inducement to buy hospitality services or facilities. a) Should for any reason outside of the control of the company a day’s play or event be partly or wholly canceled for any reason including bad weather no refunds or credits will be given. Individual companies may take out insurance coverage through its own broker should a facility be destroyed or made unusable no refund will be given. b) In the event of a postponement of an event of fewer than 8 months the client shall be entitled to elect to take a credit note to any future event or cancel under the terms below. c) AAES will make every effort to deliver the specific package outlined above AAES reserves the right to make non-material changes to the package in the best interest of the event, non-material changed include but are not limited to changes to locations and the hospitality program without penalty. d) When necessary AAES will adhere to the local Licensing Conditions for the provision of alcohol. AAES has the sole right for the provision of food and liquor in all areas and therefore no items of this nature may be brought into the venue. e) All accounts for services and goods provided at an event which are not covered by an inclusive package cost are due for payment within 20 days of receipt of the notice.Client agrees to not hold AAES liable for any losses or costs incurred through the cancellation, postponement or alteration of the event. The parties intend by paragraph 3 and this paragraph 4 acknowledge and agree in advance that AAES invests considerable economic resources into producing the event and would sustain considerable economic loss as a consequence of such cancellation or alteration and therefore these paragraphs are reasonable in relation to the losses AAES would sustain which are uncertain and difficult to estimate at the time the agreement is made.Cancellation must be either received in writing from the client or be through a material breach of the agreement by the client as set out herein. The client may cancel their attendance of an event 16 weeks prior to the event date in such circumstances client will forfeit fifty percent (50%) of the total contract value as a cancellation fee AAES will return any additional monies, already paid, to the client, the client agrees that failure to pay the cancellation fee within (10) ten days will immediately trigger AAES’s right to recover as a debt the monies owed. Cancellation within 16 weeks will immediately trigger AAES’s right to recover as debt all remaining monies owed under this agreement and to retain all monies received from the client as a cancellation fee. The parties acknowledge that this paragraph provides reasonable liquidated damages and is not a penalty, and bears a reasonable relation to the damages AAES will sustain which are uncertain and difficult to estimate at this time. The relevant date for determining the timing of any notice is the event date as stated on this agreement.A 16% service charge is included in the total cost of the booking. a) The client shall pay 50% of the contract price within ten (10) days of the acceptance and invoicing of the agreement by AAES. Failure to remit such payment shall constitute a cancellation of the agreement by the client subject to the terms of clause 5 hereof. This contract will be binding and accepted by both parties on execution by both parties and delivery thereof via e-mail or otherwise. b) Failure to make final payment under the terms of this agreement and cure within 10 (ten) days of notice to the client shall constitute a cancellation of the agreement under the terms of clause 5. c) Final Payment must be made no later than 10 weeks from the Event Date.a) Each party agrees to indemnify the other for any claim, action or cause of action which may be asserted by third parties arising out of either parties' obligations out of this agreement, save for the intentional misconduct or gross negligence of the other party. b) AAES will make arrangements on the client's behalf for transportation, accommodation, restaurants or other services solely as the clients’ agent and does so on the express condition that no liability of any kind whatsoever caused shall attach to AAES in connection with or arising out of such arrangements. a) This agreement represents the sole and exclusive agreement between the parties. b) This agreement shall be binding to all successors, representatives, and assignees. This agreement may not be assigned or shared with any third parties without the express written permission of an officer of AAES. C) All information provided to the client in connection with this agreement including the names of the participants is confidential and may not be shared with third parties. d) All intellectual property rights in all material distributed by AAES are expressly reserved and any duplication, publication or distribution is strictly prohibited. e) This agreement shall be governed in accordance with the laws of New York and the parties submit to the exclusive jurisdiction of the courts of New York State. f) Time is of the essence in relation to the payments due under the contract. g) The client agrees to abide by the rules of the event facility. h) If AAES retains an attorney to protect its interests under this agreement client shall pay any and all costs and expenses incurred in enforcing any term or collection, including reasonable attorney’s fees, collection fees or expenses. Any fees or late payments may be subject to an interest corresponding to 5% above the Federal Reserve Base Rate. i) If any provision of this agreement is deemed unenforceable the remaining terms shall remain enforceable to the fullest extent of the law. j) Both parties waive the right to trial by jury. K) AAES and any of its facilities and services provided under this contract are totally independent of the event organizers and sponsors. l) The undersigned warrants and represents that he or she is specifically authorized by the client to execute the contract and bind the client to the obligations. The client acknowledges that AAES has relied on that representation.
ACCEPTANCE OF TERMS AND CONDITIONS:
Payment by the client will be considered full acceptance of the above-mentioned terms and conditions.
This TOS constitutes the entire agreement between you and All Access Executive Solutions and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to All Access Executive Solutions Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF ALL ACCESS EXECUTIVE SOLUTIONS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. ALL ACCESS EXECUTIVE SOLUTIONS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) ALL ACCESS EXECUTIVE SOLUTIONS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) ALL ACCESS EXECUTIVE SOLUTIONS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ALL ACCESS EXECUTIVE SOLUTIONS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ALL ACCESS EXECUTIVE SOLUTIONS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. EXCLUSION AND LIMITATIONS THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.