Terms and Conditions

Welcome to PFCashClub.com The following terms and conditions (the "Agreement") form a binding agreement between you and CASHCLUB, LLC, which is sometimes referred to as “CashClub,” “we,” “us” or “our.” Please review the following terms carefully. By using this mobile site, or mobile app you are agreeing to these terms, as well as our Privacy Policy (published at http://pfcashclub.com/privacy-policy and incorporated here by reference), and all of these terms will govern your use of this Site and our services. If you do not agree to these terms, you must cease use of this Site and our services. The term "you" refers to the person accessing or using this Site or our services, or the company or organization on whose behalf that person accesses this Site or our services.

 

Our Services

CashClub is an online provider of discount Offers from merchants in your market areas (“Offers”) through our website located at http://pfcashclub.com and other online mediums, such as our Facebook and mobile phone applications (the "Site and our Services").

 

Conditional Use of Our Site and Services

Permission to use CashClub is conditioned upon your agreement that you:

  • are 18 years of age or older;
  • comply with these Terms of Service;
  • not provide access to any Offer to any person, whether or not a member without CashClub’s prior written authorization;
  • provide accurate information when creating an account or registering for our Services;
  • are solely responsible for your User ID and the activity that occurs while signed in to our Site, while using our Site, or using your User ID;
  • not use the communication systems provided by or contacts made on CashClub for any commercial solicitation purposes;
  • are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other material;
  • not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to CashClub; and
  • not violate legal rights of any third party by submission of content, including defamatory comments.

 

Your Account

To use our Services, you will need to register by creating an account, and entering your Planet Fitness keytag ID (barcode) into the system. CashClub is only available for active Planet Fitness members. You agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain a User ID. Access to the Site and acceptance of an Offer is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated may not register for an account, nor may you designate any of those individuals to use your account on your behalf.

 

We rely on User IDs to know whether users accessing the Site and accepting Offers are authorized. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or Offers by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

 

Non-Confidentiality, Security and Privacy

Much of the information that you submit to us or we learn through your interest in Offers is not subject to any confidentiality obligation. Information provided in connection with an Offer, may be disclosed or used for commercial purposes.

 

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy at http://pfcashclub.com/privacy-policy.

 

Any communications between you and us, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our services will be non-confidential and non-proprietary, and such information may be used by us without any limitation or payment whatsoever.

 

Rules Regarding Information and other Content

When you use the Site, you can publish and obtain access to information and materials, ("Content”). Content also includes information and materials posted to the Site by you and others. You will not revise or obscure Content posted by others (including advertising and promotions authorized by us), and you agree not to post or use any Content in any manner that:

  • infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
  • violates the privacy, publicity, or other rights of third parties;
  • is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by CashClub in its sole discretion;
  • is false or inaccurate; or
  • could damage us, our affiliates, advertisers, employees or other parties.

 

You use the Site and Services and accept Offers at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.

 

General Rules of User Conduct

You agree not to do any of the following:

  • conduct or promote any illegal activities while using the Site or accepting Offers;
  • upload, distribute or print anything that may be harmful to minors;
  • attempt to reverse engineer or jeopardize the correct functioning of the Site or our Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
  • attempt to gain access to secured portions of the Site or our Services to which you do not possess access rights;
  • upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • use the Site to generate unsolicited email advertisements or spam;
  • harvest information from the Site or from Offers, or to interfere in any way with the proper functioning of the Site and our Services; or
  • impersonate another user.

 

Links to Third Party Sites

We don't control websites that we may link to that are not owned or operated by us, and we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites. Additionally, we cannot and will not, censor or edit the content of any third party site. You hold us harmless from any and all liability arising from your use of any third party website.

 

Offers

Our Offers from third party merchants form the basis of our Services. We provide members with opportunities to purchase products and services from third party merchants ("Merchants") with a time limited promotional added value (a "Offer").

 

Merchant Responsibility

We provide the Offers to our Members on behalf of Merchants. We originate no goods or services that are part of the Offers and other than allowing Merchants to make Offers through our Site, we are not associated or affiliated with Merchants. Merchants are fully and solely responsible for the sale and delivery of goods and services offered thereby, any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a Member, caused in whole or in part by the Merchant or its products and services. If you choose to participate in an Offer, you do so at your sole discretion and risk. We are in no way responsible, and by using this Site you so agree.

 

Promotions of the Deal Program

We may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Offers. If we do so, the applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and our interpretation will be final and binding.

 

Products Available for Sale

The Site can be accessed from countries around the world and some or all products or services offered will not be available for purchase in most jurisdictions or geographic areas. We do not represent or warrant that any product or service offered on the Site will be available for purchase by any particular person, as such products generally are offered in the geographic vicinity of the Merchant’s bricks and mortar store.

 

Refunds

There will be no refunds of any membership fees. Whether a refund is available for any Offer you have purchased is solely between you and Merchant.

 

Multiple Purchases-When Prohibited

Some of the Offers are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Offer. Any attempt by a Member to obtain more than the permitted number of Purchases specified for an Offer by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that Members purchases. If asked by a Merchant we may act as the arbiter as to whether purchase characteristics violate these rules or those of Merchant, and our decision is binding.

 

Termination

We may change or discontinue the Site or any of our Services at any time without prior notice. A Merchant can terminate an Offer at any time, and we can terminate a Membership or a Merchant’s participation on our Site at any time without any liability. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of its terms and conditions. In the event of any termination, you will immediately cease access to the Site and Services.

 

Disclaimers of Warranty

The Site and Services are provided to you "as is", "with all faults" and "as available." We and the Merchants make no express warranties or guarantees about the Site, Services or Offers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT CASHCLUB WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PFCASHCLUB.COM, INCLUDING ANY SERVICES OR OFFERS, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A CASHCLUB REPRESENTATIVE SHALL CREATE A WARRANTY OR BE BINDING ON US IN ANY WAY. You may have additional consumer rights under your local laws that this contract cannot change.

 

Limitations of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF CASHCLUB. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE GREATER OF (i) ONE HUNDRED TWENTY DOLLARS ($120.00) OR (ii) THE TOTAL AMOUNT OF MEMBERSHIP FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR MEMBERSHIP. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, THEN OUR LIABILITY AND THAT OF OUR MEMBERS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE SUM ABOVE SET FORTH IN THIS PARAGRAPH. YOU AGREE TO THIS AS A CONDITION TO USING OUR SITE AND SERVICES. THIS DOES NOT LIMIT ANY RIGHTS YOU MAY HAVE AS TO A MERCHANT.

 

Indemnity

You agree to defend, indemnify and hold harmless us, our parent company, officers, directors, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to CashClub; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of CashClub.

 

Reservation of Rights and Release

We reserve the right, but have no obligation, to monitor, or take any action we deem appropriate regarding disputes that you may have with other Members or Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

 

Intellectual Property

We and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including copyrights, trademarks and other proprietary rights. We do not grant any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “CashClub” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We retain all rights that are not expressly granted to you in this Agreement.

 

The Content on CashClub, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by us. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We retain all rights not expressly granted in and to the Site and Services.

 

As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

 

Copyright Notice

If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated Copyright Agent to receive notifications of claimed infringement can be reached at support@pfcashclub.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

 

Electronic Communications

We communicate, generally, by electronic means, whether you visit the Site or send us emails, or whether we post notices on the Site or communicate with you via email. You (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were written.

 

Entire Agreement, Changes to this Agreement and Waivers

These Terms of Service, together with the Privacy Policy at http://pfcashclub.com/privacy-policy and any other legal notices published by us on the Site or in any Offer, constitute the entire agreement between you and us concerning us, your membership and an Offer, although we are not responsible for mistakes made in Offers even if through our negligence. We may change the terms of this Agreement from time to time, and any such modifications become effective immediately upon being posted to the Site. It is your responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site and Services and your membership will then end. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of CashClub. No purported waiver or modification of this Agreement by us via telephonic or email communications shall be valid.

 

Contracting Party, Choice of Law, Location for Resolving Disputes, Contact Information

The laws of Maryland and Florida govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and CashClub that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in the City of Baltimore, State of Maryland, or at the sole option of CashClub, by binding arbitration in Baltimore, under the auspices of the American Arbitration Association, with the prevailing party recovering reasonable legal fees and costs from the non-prevailing party (whether in a court action or an arbitration).

 

General Terms

Nothing in this Agreement creates a partnership, employment relationship or agency between you and we. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

 

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CASHCLUB MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, MEANING THAT YOU CAN NOT BRING IT. YOU MUST GIVE US TEN (10) DAYS ADVANCE NOTICE OF ANY CLAIMS AND A CHANCE TO CURE THE CLAIM WITHIN THAT TEN (10) DAYS. DOING SO AND OUR FAILURE TO TIMELY CURE IS A PREREQUISITE TO FILING AN ACTION AGAINST US.

 

You represent and warrant that you are legally able and willing to accept these Terms of Service and we rely on that representation and warranty. You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

You already have a free Cash Club account
as a Planet Fitness member*

SAVE MONEY ON THE THINGS YOU DO EVERY DAY!

 

*CashClub is currently offered only in the clubs listed on https://pfcashclub.com/gyms. We will be expanding to other areas soon.