Terms & Conditions

Updated September 14, 2009.

IMPORTANT: ALL USERS MUST READ THIS SECTION.

3oclockclub.com is a subsidiary of Windy City Marketing, Inc., all terms, conditions and policies stated below must be referred to Windy City Marketing, Inc.

This is a summary of our terms, conditions and privacy policies. For our complete terms and conditions, please read below and visit our Privacy Policy.

* Your privacy is important to us. We will not share your personal information with anyone other than those listed in our Privacy Policy.

* As a condition of purchase, Windy City Marketing, Inc. requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and/or promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details.

* By placing an order, you make an offer to us to purchase products you have selected based on standard Windy City Marketing, Inc. restrictions, restaurant and merchant-specific restrictions, and on the terms and conditions stated below.

* You are required to create an account in order to purchase any product from our site. This is required so we can provide you with easy access to print your orders, view your past purchases, and modify your preferences.

* Windy City Marketing, Inc. takes no responsibility for the services or products for which Windy City Marketing, Inc. certificates may be redeemed – Windy City Marketing, Inc. makes no warranty for the quality, safety, usability, or other aspect of the product or service for which the Windy City Marketing, Inc. is redeemed. The End User takes responsibility for his or her own actions in utilizing the services for which Windy City Marketing, Inc. can be redeemed. See Section 3, below, for more information on the limitation of Windy City Marketing, Inc.’s liability.

To read the complete Windy City Marketing, Inc. Terms and Conditions, please see below.

IMPORTANT: ALL USERS MUST READ THIS SECTION

WINDY CITY MARKETING, INC.
ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the "Site"), you ("you" or the "End User") agree to the terms and conditions that we ("Windy City Marketing, Inc.") have provided.


Windy City Marketing, Inc. reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary without prior notification to you.


I. TERMS OF USE

1. Definitions.

"Windy City Marketing, Inc." provides an interactive online service operated by Windy City Marketing, Inc. (herein referred to as “Windy City Marketing, Inc.”) on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by Windy City Marketing, Inc., affiliates of Windy City Marketing, Inc. and other third parties.

2. General.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that Windy City Marketing, Inc. shall not be responsible for any data lost while transmitting information on the Internet. While it is Windy City Marketing, Inc.’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. Due to circumstances both within and outside of the control of Windy City Marketing, Inc., access to the Site may be interrupted, suspended or terminated.

Windy City Marketing, Inc. shall have the right at any time to change or discontinue any aspect or feature of www.3clockclub.com, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Windy City Marketing, Inc. may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

3. Modified Terms.

Windy City Marketing, Inc. reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification. Such changes may include, among other things, the adding of certain fees or charges. Any such deletions or modifications shall be effective immediately upon Windy City Marketing, Inc.'s posting thereof. Any use of 3oclockclub.com by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

4. Equipment.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Windy City Marketing, Inc. shall not be liable for any damages to the End User's equipment resulting from the use of this Site.

5. End User Conduct.

This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Microsites") are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Windy City Marketing, Inc.'s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Windy City Marketing, Inc.'s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on/offline services directly/indirectly competitive or potentially competitive with Windy City Marketing, Inc.

The foregoing provisions of this Section 5 apply equally to and are for the benefit of Windy City Marketing, Inc., its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Copyright and Trademarks.

Everything located on or in this Site, including the Microsites, is the exclusive property of Windy City Marketing, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF WINDY CITY MARKETING, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Windy City Marketing, Inc. protected by copyright as a collective work under the United States copyright laws. Windy City Marketing, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User 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. End User may download/purchase/save copyrighted material for End User's 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 Windy City Marketing, Inc. and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges no acquirement any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with Windy City Marketing, Inc. shall not be deemed to be in the public domain but rather the exclusive property of Windy City Marketing, Inc., unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Windy City Marketing, Inc., unless otherwise stated.

End User shall 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. Windy City Marketing, Inc. does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall 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, End User warrants that the owner of such material has expressly granted Windy City Marketing, Inc. 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. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants Windy City Marketing, Inc. the right to edit, copy, publish and distribute any material made available on this Site by End User.

The foregoing provisions of Section 6 apply equally to and are for the benefit of Windy City Marketing, Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

7. Disclaimer of Warranty; Limitation of Liability.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER WINDY CITY MARKETING, INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS 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 MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.

THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE 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 THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT WINDY CITY MARKETING, INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

IN NO EVENT SHALL WINDY CITY MARKETING, INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, 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 THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER WINDY CITY MARKETING, INC., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

WINDY CITY MARKETING, INC. IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY WINDY CITY MARKETING, INC.. MOREOVER, WINDY CITY MARKETING, INC. RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, WINDY CITY MARKETING, INC., DEEMS UNSUITABLE.

8. Monitoring.

Windy City Marketing, Inc. shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Windy City Marketing, Inc., as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Windy City Marketing, Inc. shall have the right to remove any material that Windy City Marketing, Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. Privacy.

End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. Windy City Marketing, Inc. does not control or endorse the content, messages or information found in any Community, and, therefore, Windy City Marketing, Inc. specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User posts to Windy City Marketing, Inc. (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Windy City Marketing, Inc. as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants Windy City Marketing, Inc. the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Windy City Marketing, Inc.'s Privacy Policy.

10. License Grant.

By posting communications on or through this Site, End User shall be deemed to have granted to Windy City Marketing, Inc. a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

11. Indemnification.

End User agrees to defend, indemnify and hold harmless Windy City Marketing, Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites by End User.

12. Termination.

Windy City Marketing, Inc. may terminate this Agreement at any time. Without limiting the foregoing, Windy City Marketing, Inc. shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Windy City Marketing, Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.

13. Trademarks.

3oclockclub.com is a trademark of Windy City Marketing, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Windy City Marketing, Inc. are the property of their respective owners.

14. Third Party Content.

Windy City Marketing, Inc., similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Windy City Marketing, Inc. has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Windy City Marketing, Inc.. Neither Windy City Marketing, Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Windy City Marketing, Inc. Windy City Marketing, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Windy City Marketing, Inc. by anyone other than authorized Windy City Marketing, Inc. employee spokespersons while acting in official capacities. Under no circumstances will Windy City Marketing, Inc. be liable for any loss or damage caused by an end user's reliance on information obtained through Windy City Marketing, Inc.. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Windy City Marketing, Inc.

Windy City Marketing, Inc. contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Windy City Marketing, Inc. of the contents on such third-party sites and Windy City Marketing, Inc. hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with Windy City Marketing, Inc. expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Windy City Marketing, Inc. reserves the right to revoke its consent to any link at any time in its sole discretion.

15. Miscellaneous.

This Agreement and any operating rules for Windy City Marketing, Inc. established by Windy City Marketing, Inc. constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this 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 this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

Windy City Marketing, Inc.'s headquarters are in Chicago, Illinois. Legal issues arising out of, but not exclusive to the use of, this Site are governed by and in accordance with the laws of the State of Illinois (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site, shall be finally settled by arbitration in Chicago, Illinois under the rules of arbitration of the American Arbitration Association.

II. TERMS OF SALE

By placing an Order, you make an offer to us to purchase the gift certificates you have selected on the terms and conditions stated below. For more information, please view our privacy policy.

You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.

1. Terms and Conditions for Restaurant-Specific Certificates

For this section, Restaurant shall be defined as a merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Windy City Marketing, Inc. gift certificates.

* Redemption frequency is determined by restaurants, and shall be contained in the gift certificate offer.

* Restaurant agrees to comply with all state laws pertaining to the use of alcoholic beverages.

* It is at the discretion of the restaurant to determine whether Windy City Marketing, Inc. gift certificates can be combined with any other restaurant certificates, third party certificates, coupons, or promotions.

* Restaurant-Specific Certificates cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.

* Valid for dine-in only unless otherwise stated.

* The issuing of restaurant credit is at the sole discretion of the restaurant unless otherwise required by law.

* Neither the seller nor the restaurant is responsible for lost or stolen certificates or restaurant certificates reference numbers.

* Reproduction, sale or trade of this Restaurant-Specific Certificate is prohibited unless done so in compliance with the law.

* Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Certificate void.

* Void to the extent prohibited by law.

* Expire on the date specified on the Windy City Marketing, Inc. gift certificate, except where otherwise prohibited by law.

2. Terms and Conditions for Non-Restaurant Merchant Certificates

* Merchant Certificate may be applied only to merchandise sold by merchant, and may not be applied to shipping or handling charges.

* Limit one (1) certificate per redemption. Only one certificate can be used per order unless otherwise specified by merchant.

* The issuing of credit is at the sole discretion of the merchant unless otherwise required by law.

* Neither the seller nor the merchant is responsible for lost or stolen certificate or certificate's reference number.

* Certificate cannot be combined with any other gift certificates, third party certificates, coupons, or promotions, unless otherwise specified by merchant.

* Reproduction, sale or trade of this certificate is prohibited unless done so in compliance with the law.

* Any attempted redemption not consistent with these terms and conditions will render the certificate null and void.

* Void to the extent prohibited by law.

* Expires on the date specified on the Windy City Marketing, Inc. gift certificate, except where otherwise prohibited by law.

3. Additional Terms and Conditions for All Windy City Marketing, Inc. Products

All gift certificates received from the Windy City Marketing, Inc. website or any website associated with Windy City Marketing, Inc. (hereinafter “Gift Certificates”) are promotional gift certificates that are offered to customers below their face value and shall be subject to the terms and conditions of Windy City Marketing, Inc. and the participating Restaurant or Merchant.

The holder and issuer of a Restaurant-Specific Gift Certificate is the restaurant. The holder and issuer of a Merchant Gift Certificate is the merchant. As a holder and issuer of the Gift Certificate, the restaurant or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Gift Certificates. Restaurant-Specific Gift Certificates and Merchant Gift Certificates are redeemable in their entirety only and may not be redeemed incrementally or with any change or credit issued on any unused portion of Gift Certificates.