Limitless, LLC ("Limitless" or "us" or "our") operates this website, www.zoomline.com, the mobile and touch versions and any individual sites or merchant-specific, city-specific, or other area-specific sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the "Microsites") will be collectively referred to as the "Site" in these Terms of Use. By using our Site and our services through the Site, you ("you" or, "End User") agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY GROUPON SERVICE OFFERED THROUGH THE SITE.
In order to use the ZOOMLINE™ Site, you must agree to our Terms of Use. They contain many legal disclosures that you should read carefully. If you have any questions about these Terms of Use email us at support@limitlessVIP.com.
The Site provides an interactive online service operated by us, consisting primarily of services on behalf of certain merchants ("Merchants") making services ("Access") available to its users. Access may be purchased by ZOOMLINE™ account holders and exchanged for services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below.As a condition of your use of this Site, you agree that:
If you elect to create an account:
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with us and the Site while it is being transmitted. In addition, we are not responsible for any data lost during transmission.
Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies.
PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Access you purchase through our Site as an account holder are special services that you purchase from participating Merchants through our service. They are redeemable for certain services or experiences offered by, or facilitated through, the Merchant identified. The Merchant is solely responsible for redeeming Access. The Merchant is the issuer of the service and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of such access or not. You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of such access or the services/goods it provides in connection with it.
By purchasing any Access you agree to the terms of this Agreement and these Terms of Sale. By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any access, you agree to these Terms of Sale, and specifically the terms ("rules") on the Access itself and any additional, deal specific terms regarding the access at the time of purchase (collectively, the "fine print" regardless of how labeled).
We are a service provider for the Merchant identified and the Merchant is the sole issuer of the Access. If a Merchant or venue refuses to honor any Access, we will refund the amount paid upon request in the original form of payment, or will credit the account of the purchaser for future purchases on the Site. Need a refund or have a question? Email us at support@limitlessVIP.com.
We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that, these changes will not apply to Access purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and for all Access purchased after the effective date of the change. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.
We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.
Everything located on or in this Site is the exclusive property of Limitless or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT OUR EXPRESS WRITTEN PERMISSION IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Limitless owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Limitless or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
ZOOMLINE™ is a trademark of Limitless, LLC. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with Limitless shall not be deemed to be in the public domain but rather the exclusive property of Limitless, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Limitless unless otherwise stated.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Limitless does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Limitless the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant Limitless the right to edit, copy, publish and distribute any material that you make available on this Site.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER LIMITLESS, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR ACCESS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIMITLESS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL LIMITLESS, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED THEREIN ORTHESE TERMS OF USE. IN NO EVENT WILL LIMITLESS' LIABILITY IN CONNECTION WITH An ACCESS EXCEED THE AMOUNTS PAID FOR SUCH ACCESS. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.
We will make every reasonable effort to resolve any disagreements that you have with us. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against us arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any Access('), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and us; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or our individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor we shall be entitled to arbitrate their dispute.
You agree to defend, indemnify and hold harmless Limitless, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Limitless from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of an Access, and any conduct or speech, whether online or offline, of any other user.
We may terminate these Terms of Use at any time. Without limiting the foregoing, we shall have the right to immediately terminate or suspend any of your passwords or accounts in the event we considers, in our sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.
Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Site or our services shall be governed by the internal laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision at Paragraph 12 shall be governed by the Federal Arbitration Act.
No waiver by either you or Limitless of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
This Privacy Statement ("Privacy Statement") explains how Limitless, LLC ("Limitless") uses personal information ("Personal Information") and applies to all new users who register on our site. If you do not agree to our practices, please do not register, subscribe, create an account, purchase an Access, or otherwise interact with Limitless at www.zoomline.com (or the mobile and touch versions), and any individual, business partner-specific, merchant-specific, city-specific, or other area-specific sites we offer (collectively, the "Sites").
Please contact us if you have any questions or comments about our privacy practices or this Privacy Statement. You can reach us online at privacy@limitlessVIP.com.
You can reach us via postal mail at the following address:
Limitless, LLC
Attention: Privacy Office
4745 Wellington Drive
Long Grove, Illinois 60047 USA
Personal Information is information that can be used to identify, locate, or contact an individual. It also includes other information that may be associated with Personal Information. We collect the following types of Personal Information: Contact Information that allows us to communicate with you, such as your name, postal addresses, email addresses, user account names, telephone numbers, or other addresses at which you receive communications from us or on our behalf.
Relationship Information that helps us to understand who you are and what types of Access you might like. This includes lifestyle information; location information related to your state/province, city, or neighborhood; areas of interest, the types of Access that interest you, information collected from social media interactions; demographic information (e.g., birth date, age, gender); information about persons for whom you have purchased Access as gifts or who have bought Access as gifts for you; and information about friends who refer you or who you have referred.
Transaction Information about how you interact with us, such as the Access you view, purchase and redeem; other information about how you use our Sites, email, other communications, and applications; and how you interact with our merchants, business partners, and service providers. Financial Account Information as needed to process payments for Access that you buy, such as your credit or debit card number, expiration date, and card verification number.
Mobile Location Information to help us offer you real-time deals nearby, if you have activated one of our mobile applications and permitted your mobile or other location-aware device to transmit location data.
We ask you for Personal Information (including Contact Information, Relationship Information, and Financial Account Information) when you register, subscribe, create an account, purchase Access, or otherwise interact with the Sites or contact us.
We collect Transaction Information when you use our Site. For example, we may track the Access you view, purchase, or redeem. We use cookies and related technologies to collect information about your computer and your interaction with the Site.
We also collect Transaction Information if you contact us via telephone, email, text, postal mail, social media interaction, or other methods of communication, such as for customer support purposes.
We collect information that you provide us about other people when you purchase Access as gifts, including those persons' Contact Information and Relationship Information. We create transaction records of your gift to those persons.
If you use a social media platform or your mobile device (or other method of communication) to interact with us or the Sites, the application may have a specific privacy statement that governs the use of Personal Information related to that application. Our application may be designed to collect information even if you are not logged into the application or the Sites. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
We may receive additional Personal Information from third parties. We may use this Personal Information to enhance other information we have about you to help us better understand you and to otherwise enhance the Sites or our services.
We use Personal Information to:
We will not disclose your Personal Information to third parties except to: Affiliated companies (e.g., subsidiaries and other companies owned by or controlled by us) who may only use the Personal Information for the purposes described in Section 3 above.
Our service providers that provide services for us such as sending emails on our behalf and processing payments. Our service providers are bound by law or contract to protect the Personal Information and are only allowed to use the Personal Information in accordance with the terms of our service agreements with them.
Merchants, but only to the extent you have purchased or redeemed an Access offered by the merchant. We may also provide merchants with Personal Information about the individuals who have purchased the merchants' Access, to send customized offers, to validate the purchases, to aid and troubleshoot redemption, to combat fraud, as part of legal proceedings affecting us and the merchant, and to facilitate a direct relationship between merchants and customers and enable merchants to communicate electronically with customers who purchased the merchants' Access.
Effect a merger, acquisition, or otherwise; to support the sale or transfer of business assets; to enforce our rights or protect our property; to protect the rights, property or safety of others, investigate fraud, respond to a government request; or as needed to support auditing, compliance, and corporate governance functions. We may also disclose Personal Information to defend ourselves in litigation or a regulatory action, and when required or advised to do so by law, such as in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate. If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.
We encourage Merchants and business partners to adopt and post privacy policies. However, the use of your Personal Information by such parties is governed by the privacy policies of such parties and is not subject to our control.
We may also disclose information about you that is not personally identifiable. For example, we may provide our merchants, business partners, or other third parties with reports that contain aggregated and statistical data about our users.
When you use our Sites, we collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tools, and web server logs. As you use our Sites and applications, your browser and devices communicate with servers operated by us, our business partners and services providers to coordinate and record the interactivity and fill your requests for services and information.
The information from cookies and related technology is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to our Sites by your computers or mobile devices. These servers are operated and the cookies managed by us, our business partners or our service providers.
For example, when you visit our Sites, Limitless and our service providers may place cookies on your computers or mobile devices. Cookies allow us to recognize you when you return, track and target your interests in order to provide a customized experience. They also help us provide a customized experience and help us to detect certain kinds of fraud. A "cookie" is a small amount of information that a web server sends to your browser that stores information about your account, your preferences, and your use of the Sites. Some cookies contain serial numbers that allow us to connect your Site activity with other information we store about you in your profile or as related to your interactions with the Sites.
Some cookies are temporary, whereas others may be configured to last longer. "Session" cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. "Persistent" cookies are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser. We use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided (such as your user id if you asked to be remembered), and storing your preferences (e.g., the locations for which you want to be shown Access).
Pixel tags and web beacons are tiny graphic img placed on website pages or in our emails that allow us to determine whether you have performed specific actions. When you access these pages or open email messages, the pixel tags and web beacons generate a notice of that action to us, or our service providers. These tools allow us to measure response to our communications and improve our web pages and promotions.
We collect many different types of information from cookies and other technologies. For example, we may collect information from the devices you use to access our Sites, your operating system type or mobile device model, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device. Browsers routinely send these types of information to web servers. Our server logs also record the Internet Protocol ("IP") addresses of the devices you use to interact with the Sites. An IP address is a unique identifier that devices use to identify and communicate with each other on the Internet. We may also collect information about the website you were visiting before you came to our Site and the website you visit after you leave our Site, if this information is supplied to us by your browser.
In many cases, the information we collect using cookies and other tools is used in non-identifiable ways, without any reference to Personal Information. For example, we use information we collect about Site users to optimize our Sites and understand its traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with Personal Information. In that case, this Privacy Statement governs how we use that information.
Additionally, if the settings on your location-aware device allow us to receive Location Information, we will collect that automatically. If we associate Location Information with other Personal Information, this Privacy Statement governs how we would use that information.
Limitless has relationships with third party advertising companies to place advertisements on our behalf onto other websites, and to perform trackingand reporting functions for our Sites and our advertisements. We do not share Personal Information with third party advertising companies; however, these third parties may automatically collect information about your visit to our Sites and other websites, your IP address, your ISP and the browser you use to visit this Site. They do this by using cookies, clear gifs and other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other websites tracked by these third parties. This Privacy Statement does not cover the collection methods or use of the information collected by these third parties, and we are not responsible for cookies or clear gifs in third party ads. We encourage you to review the privacy policies or statements of these third party advertising companies to learn more about their use of cookies and other technologies.
Keeping Personal Information about you current helps ensure that we offer you the best Access available through our merchants and business partners. You can do several things to help keep Personal Information about you current. You can access, update and delete your Contact Information, Financial Account Information, and the other information you provided to use in your profile by logging into your account and accessing the "My Account" section of the Site or sending us an email at privacy@limitlessVIP.com.
If you want to close your account or have other questions or requests, please contact us. While we are ready to assist you in managing your subscriptions, closing your account, and removing your active profile, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases on the Sites for financial reporting and compliance reasons.
We will retain your information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@limitlessVIP.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We have implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information. For example, we use industry-standard encryption technology to secure Financial Account Information when it is being transmitted over the Internet.
Limitless, LLC is headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, merchants, or service providers elsewhere in the world. By providing us with Personal Information, you consent to this transfer. We will protect the privacy and security of Personal Information according to our Privacy Statement, regardless of where it is processed or stored.
This Privacy Statement only addresses the use and disclosure of information by Limitless through your interaction with the Sites. Other websites that may be accessible through links from our Sites may have their own privacy statements and personal information collection, use, and disclosure practices. Our merchants and business partners may have their own privacy statements, too. We encourage you to familiarize yourself with the privacy statements provided by these other parties prior to providing them with information or taking advantage of an offer or promotion.
From time to time, we may update this Privacy Statement to clarify our practices or to reflect new or different privacy practices, such as when we add new features to our Sites. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of notice on the Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information about our privacy practices.
Last updated on November 3, 2011.
