Terms Of Service

GRAY CARD MEMBERSHIP TERMS & CONDITIONS

Last Updated / Effective Date: [July 30, 2020]

Introduction

The Gray Card membership program and benefits are offered at the sole discretion of Administrator*. Administrator will provide you with the benefits of membership in the Gray Card membership program (the “Program”) as described in these Terms (defined below). These terms and conditions govern your membership in the Program (the “Terms”). Please carefully review these Terms and initial or sign where indicated to confirm that you have read, understand, and agree to abide by these Terms. If you have any questions or require any additional information, please call Administrator at 844-472-9544.

Membership Eligibility

Membership in the Program is available to individuals are of majority age in their state of residence. Corporations, associations, entities, or groups are prohibited from enrolling in the Program, redeeming, or otherwise using any Benefits. This Program is intended for personal use and may not be used for investment or other commercial purposes. Application for membership and membership in the Program is void where prohibited by law. By signing these Terms, you certify that you meet the eligibility requirements set forth in these Terms.

Administrator reserves the right to suspend, discontinue, or terminate your membership if Administrator reasonably suspects you of ceasing to satisfy the eligibility requirements or of using the Program in a manner inconsistent with the Terms or intent of the Program. In addition to the above, Administrator reserves the right to take administrative and/or legal action, including, without limitation, criminal prosecution, as it deems necessary in its sole discretion.

Membership Term, Fee, Cancellation, and Renewal

Your membership term will commence upon processing of your registration. Your initial membership will expire on December 31st of the year immediately following the year you enrolled as a member of the Program or on a later date as mutually agreed by you and Administrator. Thereafter memberships are renewable for two-year periods at the then current fee. Currently membership fees are $69 per year and may be billed in annual, quarterly, or monthly installments as determined by Administrator in its sole discretion. Membership fees may be increased from time to time as determined by Administrator, in its sole discretion. Members will be advised of any such increases through the website www.mygraycard.com. Once enrolled in the Program, you may cancel your membership by providing written notice to Administrator at least 30 days before your renewal date. The Program has no predetermined termination date and may continue until such time as Administrator decides to terminate the Program, at any time, with or without notice. Members will have twelve months from the date Program termination is announced to redeem any desired Benefit. This means that – regardless of when your membership in the Program commenced – Administrator can terminate your right to claim any Benefits twelve months after Administrator announces Program termination.

Parties

These Terms govern and control the Program and the relationship between Administrator and the persons whose names and signatures are provided below (collectively herein “you” and “your”, as applicable). Only the persons whose names appear on these Terms may use the Program Benefits. You agree to notify Administrator if you become aware of or suspect any unauthorized use of your membership. You can notify Administrator of any unauthorized use at 844-472-9544.

All Program materials and your membership information are the property of Administrator, and, subject to applicable law, Administrator will retain ownership of these following termination of your membership or the Program. You are considered a Gray Card member in good standing for so long as you are in compliance with these Terms, including, but not limited to, being current on all payments, fees, expenses, and costs prescribed by these Terms. Any failure to comply with these Terms, any abuse of Program privileges, any conduct detrimental to the interest of Administrator or the other Providers or any misrepresentation of any information furnished to Providers may result in the termination of your membership and the cancellation of any unfulfilled Benefits available under the Program. Termination of your membership shall not affect any right to relief to which Administrator or the other Providers may be entitled, at law or in equity.

Administrator is not responsible, and assumes no liability, for changes or discontinuances of any service(s) or product(s), which may affect Benefits offered. Nothing in these Terms is intended or shall be construed to create or establish any agency, partnership, or joint venture relationship between Administrator, Providers, or Additional Providers.

Providing Accurate Information

At the time of your registration as a Gray Card member, you agree to provide true, accurate, and complete information to Administrator (your “Registration Information”) and agree to maintain and promptly update your Registration Information as necessary in order to keep your Registration Information up to date. You may update your information by contacting Administrator at 844-472-9544 or updating your Registration Information under the “my account profile” section on www.mygraycard.com. If Administrator reasonably suspects that any Registration Information or other information that you have provided to Administrator or the other Providers is untrue, inaccurate, or incomplete at any time, Administrator may suspend or terminate your membership immediately and may refuse you access to the website and the Benefits.

Account Security

You are responsible for creating a private account, access information, and for maintaining the security of that information. If the security of that information is breached by you or a third party, Administrator will not be liable for any access to your account not authorized by you, redemption of Benefits, or other account activity that occurs as a result, and in no event will Administrator be responsible for reimbursing you for any Benefits redeemed or other damages or losses claimed to occur as a result of unauthorized access. If you become aware of any fraudulent activity, including unauthorized access to your account, redemption of Benefits, you must report the fraudulent activity to Administrator in writing, as soon as possible and in no event later than 10 days after an occurrence, and provide all further requested information and cooperation to Administrator to be eligible for reinstatement of lost Benefits, which reinstatement may be awarded in Administrator’s sole discretion. Should Administrator reasonably suspect that your account has been breached or unauthorized access has occurred, Administrator reserves the right to temporarily suspend access to your account, the website, and related services and to require you to establish new access information.

Program Benefits

Specific Program benefits and services have been established for the Program. Administrator reserves the right to prepare, maintain, and offer differing Benefits, costs, fees, rules, procedures, and conditions to members, in Administrator’s sole discretion. Administrator reserves the right to add, modify, delete, or otherwise change the rules, procedures, conditions, or benefits, pertaining to the Program in its sole discretion, with or without notice. You acknowledge that these changes may affect the cost, your access to, and use of the Benefits. This means that Administrator may make changes that affect, but are not limited to, resorts within the Program, costs associated with redemption of Benefits, travel partner affiliations, rules and procedures for the redemption or use of Benefits, continued availability of Benefits, Benefit types available under the Program, and any other feature or special offer, including, but not limited to, those benefits identified in these Terms and on www.mygraycard.com (“Benefits”).

These Terms and a description of then current Benefits, as amended from time to time, are available at www.mygraycard.com. You are responsible for remaining knowledgeable as to the current Terms and Benefits. Administrator may attempt, but is not required, to send correspondence you to advise of matters of interest, including notification of Program changes. Neither Administrator, any of the Providers, or Additional Providers will be liable for any failure to do so and will not be responsible for incorrect or inaccurate transcription of your contact information, for problems related to any of the equipment or programming associated with or utilized by you, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any website or on-line service, for any other technical or non-technical error or malfunction, for lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail or other mail or e-mail for whatever reason.

All Benefits available under the Program are subject to the conditions as provided in these Terms, as amended from time to time, and the terms, policies, and procedures of Providers or Additional Providers, as applicable. Administrator’s interpretations of these Terms and the Benefits shall be dispositive in the event of a dispute regarding the meaning of these Terms or the then current Benefits.

Administrator has or will enter into arrangements with third parties to provide certain Benefits under the Program. Administrator is not responsible for the discounts offered by these third parties and You acknowledge that discounts offered by these third parties are subject to the pricing policies of the third parties, and these third parties may offer similar discounts outside of the Program.

    Discounts
  • Gray Card members will have access to discounts not offered to the general public.
  • Discounts on Vacation Rentals
  • Gray Card members will receive discounts on vacation accommodations as further provided on www.mygraycard.com.
  • Vacation Concierge
  • Gray Card members will have access to concierge services to assist with vacation experience needs.
  • Resort Rental Credit
  • Gray Card members may receive certain rental credits during membership in the Program including $100 off their first full week rental.
  • Accommodation Upgrades
  • Gray Card members will receive certain accommodation upgrades.
  • Other Benefits
  • Gray Card members will have access to other discounts, such as, river cruises, ocean charters, high-performance racing experiences, dining, and spa packages.

Additional Terms and Conditions

All Benefits related to accommodations are on a first-come, first-served basis and are subject to availability. Additional fees may apply and are FINAL and NONREFUNDABLE. You are not guaranteed fulfillment of a specific request or receipt of any specific Benefit. Accommodations and Benefits may be used only for personal and noncommercial purposes. Only the member named on the confirmation form and accompanying family members or guests may occupy accommodations. You are expressly prohibited from offering, marketing, selling, renting, or transferring any Benefits, including any accommodation, which may be reserved in association with the Program. Reservation fees are based upon factors determined by the Providers or Additional Providers, as applicable, and are subject to applicable federal, state, local taxes, expenses, and fees. You may be required to contact the Provider with which you have a confirmed reservation prior to arrival in order to prepay any taxes, costs, and fees. Additionally, you are responsible for all personal charges and any mandatory all-inclusive meal plan or other permissible charges imposed by a Provider, as well as any damage to, loss, or theft from the Provider’s facilities caused by you or your guests. Prices are in U.S. dollars. Administrator reserves the right to limit the number of confirmed reservations in its sole discretion. Benefits offered by Additional Providers may be subject to additional terms and conditions. This Program is intended for the sole benefit of the individuals who execute these Terms and their respective permitted successors and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever.

Force Majeure

Administrator and the Providers will not be liable for any failure or delay in performing an obligation under Terms due to any of the following causes, to the extent beyond such Provider’s reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine (and related governmental policies or legal requirements), civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, destruction (in whole or in part of any resort or accommodation) governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.

LIMITED LIABILITY

ADMINISTRATOR AND THE PROVIDERS PROVIDE THE PROGRAM, THESE AND OTHER MATERIALS, AND OTHER SERVICES AND PRODUCTS "AS-IS" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY. You also agree that Providers do not represent, warrant or guaranty that the Program or any such other products and services will be uninterrupted, without omissions or error free, or that defects will be corrected or changes implemented. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR ANY SUCH OTHER PRODUCTS AND SERVICES, EVEN IF A PROVIDER’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you. In the event Administrator or another Provider are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond two (2) years after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The failure by Administrator to exercise rights granted to Administrator hereunder upon the occurrence of any of the contingencies set forth in these Terms will not constitute a waiver of such rights upon the recurrence of such contingency. Representations made by any person and/or entity other than Administrator in conflict with these Terms are not valid, enforceable, or binding.

Indemnification

You shall defend, protect, indemnify and hold harmless DRM and the other Providers, including their subsidiaries, affiliates, officers, employees, and agents (“Covered Parties”) against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys' fees, costs and disbursements) (collectively, “Claims”) arising from (1) the use of the Program and Benefits and from your actions, and (2) any act, neglect, fault, willful misconduct or omission of you, your guests, or your agents, or from any breach or default in these Terms, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Covered Parties by reason of any such Claims, upon notice from Covered Parties, you shall defend the same at your expense by counsel reasonably satisfactory to Covered Parties. As a material part of the consideration to the Covered Parties, you hereby release Covered Parties from responsibility for, waives its entire claim of recovery for, and assumes all risk of (i) damage to property or injury to persons arising from your use of the Program or Benefits (except to the extent such is caused by the sole active gross negligence or willful misconduct of Covered Parties or by the failure of Covered Parties to observe any of these Terms.

No Sale of Real Estate

Nothing contained in these Terms or on the website is a solicitation or an offer to purchase real estate. Some resorts to which you may be confirmed through membership may have ongoing sales presentations for real estate, vacation, fractional, or timeshare interests. Neither you nor your guests are required to participate in any such sales presentations.

Governing Law

These Terms and your membership will be governed by and construed under the laws of the State of Nevada, without giving effect to it choice of law or conflicts of law rules or provisions that would cause the application of any other state law. Claims (as defined below) will be resolved by arbitration as provided below.

ARBITRATION PROVISION (“Provision”).(This Provision does not apply if you are a Covered Borrower under the Military Lending Act at the time you obtain an extension of credit from Administrator)

Arbitration of Claims. Any Claim (defined below) between you and Administrator, whether preexisting, present or future, arising from or relating to these Terms or the Program shall, at the election of either party, be arbitrated on an individual basis before JAMS (www.jamsadr.com, 1-800-352-5267) pursuant to its Streamlined Rules. If JAMS cannot serve and the parties cannot agree on a substitute, the American Arbitration Association (“AAA,” www.adr.org) shall serve as the arbitration body for the Claim. The Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., shall govern the interpretation and enforcement of this Provision. A single neutral arbitrator shall be appointed. The arbitrator shall follow applicable substantive law consistent with the FAA, apply applicable statutes of limitations, honor valid claims of privilege, and issue a written reasoned decision which will be final and binding except for any review under the FAA. The arbitrator may award all remedies that would apply in an individual court action (subject to constitutional limits that would apply in court). Any in-person hearing will be held at a location reasonably convenient to the you and the Administrator, such as the county in which these Terms were signed unless otherwise agreed by the parties in writing or ordered by the arbitrator. If You initiate an individual arbitration, Administrator will pay all administrative and arbitrator fees exceeding $250. Solely for purposes of this Provision, “Administrator” also means Administrator’s parent companies, subsidiaries affiliates, agents and assigns; the employees, officers and directors of Administrator and its parent companies, subsidiaries, affiliates, agents and assigns; and any other person or entity named as a defendant or respondent in a Claim by You against Administrator. “You” also means your heirs, successors and assigns.

Claims. “Claim” shall be broadly construed and includes, without limitation, disputes concerning: purchase, financing, ownership or occupancy; breach, termination, cancellation or default; condition of any resort; reservations, credits or rewards programs; applications and personal information; marketing or sales solicitations, representations, advertisements, promotions or disclosures; data breach or privacy claims arising from or relating directly or indirectly to the disclosure by Administrator of any non-public personal information about You; and collection of delinquent amounts and the manner of collection. “Claim” also includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, Uniform Commercial Code, regulation, ordinance, common law and equity. “Claim” does not include: (i) disputes about the validity, enforceability, coverage or scope of this Provision or any part thereof, which are for a court to decide, provided that disputes about the validity or enforceability of these Terms as a whole are for the arbitrator to decide; (ii) any individual action by You in small claims or an equivalent court, unless that action is transferred, removed or appealed to a different court; (iii) Administrator’s use of judicial or non-judicial relief to enforce a security agreement, relating to the Membership; or (iv) bringing an individual action in court that is limited to preventing the other party from using a self help or non-judicial remedy and that does not involve a request for damages or monetary relief of any kind. The institution and maintenance of any of the above actions shall not waive any party’s right to compel arbitration of any other Claim subject to arbitration, including, without limitation, the filing of a counterclaim in a suit brought by Administrator. In any such action commenced by Administrator, You may assert any cognizable defense permitted by applicable law which does not seek any form of affirmative relief from Administrator, including, without limitation, damages.

Class Action Waiver. If a Claim is arbitrated, neither You nor Administrator will have the right to: (i) participate in a class action in court or in arbitration, either as a class representative or class member, (ii) act as a private attorney general in court or in arbitration, or (iii) join or consolidate Claim(s) with claims of any other person or entity. The arbitrator shall have no authority to conduct any class, private attorney general or multiple-party proceeding or to issue any relief that applies to any person or entity except You and Administrator individually (special procedures apply to public injunctive relief claims as set forth in below).

Application of the Provision. An arbitration award may be enforced in any court with jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Provision. This Provision shall survive the breach, cancellation, termination or rescission of your membership or the Program, and any bankruptcy to the extent permitted by law. This Provision governs if it conflicts with the Terms or the arbitration rules. If any part of this Provision is declared unenforceable, the remainder shall be enforceable, except that: (i) If the Class Action Waiver is declared unenforceable in a proceeding between You and Administrator with respect to a Claim other than public injunctive relief, without impairing the right to appeal such decision, this entire Provision (except for this sentence) shall be null and void in such proceeding; and (ii) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.

Right to Reject Arbitration Provision. You may reject this Provision by sending Administrator a written notice which gives your name and member number with a statement that You reject the Arbitration Provision. The rejection notice must be sent by certified mail, return receipt requested, to 235 E. Warm Springs Rd., #107, Las Vegas, Nevada 89119, Attn: Arbitration Rejection Notice. A rejection notice must be signed by You and received by Administrator within thirty (30) days after You sign these Terms. Rejection of arbitration will not affect any other term contained herein.

Your Acknowledgement. You have read, understand and voluntarily agree to this Arbitration Provision and acknowledge that if a Claim is arbitrated, you will have no right to have a court or jury trial or participate in a class action.

Telephone Conversations Recorded

Telephone conversations between members and the Administrator or other Providers’ representatives may be recorded or monitored for training or quality assurance purposes.

Sending Marketing Information and Material

Respecting your privacy is a priority for the Administrator. However, in order to keep you apprised of your Gray Card membership status, it is important that we send you certain Program information that may include printed and/or electronic periodic statements of your account and other information necessary for administration, printed or email marketing materials from Administrator that will inform you of special offers and products we believe would be of interest to you, and marketing materials from third parties that have a strategic marketing relationship with Providers. You consent to receive these types of information, provided, in each instance, you are given the opportunity to opt out of similar future mailings. In all such instances, we agree to abide by the Privacy Policy available at www.mygraycard.com.

Authorization for Telemarketing Calls and Text Messages

By becoming a member you authorized Getaways Resort Management, LLC, Starpoint Resort Group, Inc., Starpoint Resort Partners Inc., ResortStay International, LLC (Fla. Seller of Travel Ref. No. ST41765) (d/b/a VegasWelcomeCenter.com), and their affiliates to communicate with me about this offer and future marketing offers at information provided. This includes calls or text messages that may be sent through automated dialing devices and that may include prerecorded messages. You also agree that the permission given in the preceding statement overrides your listing on any federal or state do not call list or any prior listing on any do not call lists of any of the companies identified above. You further understand that your consent and agreement to the foregoing is not a condition of purchasing any products or services. You may revoke this consent at any time by calling 800-211-9731 or with regard to any text messages you receive, responding to such message with the word “STOP”.

Providers

Providers include Starpoint Resort Group, Inc.; Sapphire Resorts™; GetAways Resort Management; ResortStay International, LLC (dba VegasWelcomeCenter.com); and Alderwood Resort Management, as modified from time to time in Administrator’s sole discretion. Additionally, Providers may affiliate or associate with third party providers from time to time as reflected on the www.mygraycard.com website (“Additional Providers”).

U.S. DMCA Notice

Claims of Copyright Infringement on the Program Website

Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Program website infringes your copyright, you may send Administrator a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Program website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow Administrator to locate the content on the Program website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send Administrator a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.

Notices and counter-notices should be sent to general counsel, 235 E. Warm Springs Rd. Suite 107, Las Vegas, NV 89119. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Program website of repeat infringers.

*Administrator’s Authorized Agent:
ResortStay International, LLC
Attention: Legal Department
235 E Warm Springs Rd., Ste. 107
Las Vegas, NV 89119