The Out Of Office Travel Club, LLC

I agree to The Out Of Office Travel Club’s Terms and Conditions and Payment Policies and I understand that this payment is non-refundable and non-transferable barring the exceptions outlined in the Payment Policies. I also agree that The Out Of Office Travel Club has the right to charge my payment method in accordance with the payment option chosen.

 

• Participant Terms & Conditions (pg1)
• The Out Of Office Travel Club Payment Policies (pg. 17)
• The Out Of Office Travel Club Participant Travel, Accommodation (pg. 23)
• The Out Of Office Travel Club Code of Conduct (pg. 32)
• The Out Of Office Travel Club Privacy Policy (pg. 39)

Participant Terms & Conditions

These Terms and Conditions contain important information about participating in The Out Of Office Travel Club experience (as defined below), and/or using the website, applications, or any other services (collectively the “Services”), offered by The Out Of Office Travel Club, LLC (collectively with its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, and assigns referred to herein as “The OOO Club” or “The Out Of Office Club”), including future changes to these Terms and Conditions, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.

 

For you to have the BEST possible experience, it’s important that you (“you”, “your,” or “participant”) understand your rights and obligations vis à vis The Out Of Office Travel Club. More importantly, by joining us and using our Services you are agreeing to these Terms and Conditions as a legally binding contract, so read this carefully and let us know if you have any questions!  
We have included notes in boxes (like this one) throughout the Terms and Conditions where we thought some additional explanation might be helpful.

  

1. Important Notice to Participants

1.1 Acceptance. By accepting your invitation to participate in The Out Of Office Travel Club you are: (a) certifying that you are an adult with full authority to enter into this contract; (b) certifying that you have read and understand and accept these Terms and Conditions; and, (c) agreeing that these Terms and Conditions constitute a binding contract governing your rights as a participant and the relationship between you and The Out Of Office Travel Club.

1.2 Disclaimer. The Out Of Office Travel Club makes no verbal or written representation, warranty or agreements with respect to any The Out Of Office Travel Club Program or participation or the Services, and The Out Of Office Travel Club’s responsibilities and liabilities are expressly limited as provided in these Terms and Conditions.

1.3 Changes. We are constantly trying to improve The Out Of Office Travel Club, so these Terms and Conditions may need to change. We reserve the right to change the Terms and Conditions at any time, but if we do, we will bring it to your attention by placing a notice on www.theoooclub.com, by sending you an email, and/or by some other means. Please review all updates, as once the Terms and Conditions have been updated your continued participation in The Out Of Office Travel Club Program and/or use of the Services will constitute acceptance of the updated terms. If you don’t agree with the new Terms and Conditions, you are free to reject them; unfortunately, except as otherwise provided herein, that means you may no longer be able to use certain (or potentially all) of the Services.

1.4 Privacy Policy. By joining a The Out Of Office Travel Club Program or using the Services in any manner you are agreeing to our Privacy Policy. The protection of your data is important to us. Please review our Privacy Policy for more information about how we collect, use, and store data.

2. The Services

2.1 General. The Out Of Office Travel Club provides travel programs of varying lengths for working professionals, as well as programs not limited to working professionals, as outlined on its websites (www.theoooclub.com) (“The Out Of Office Travel Club Program” or “Program” or “Experience” or “OOO Experience”). (For the sake of clarity, “The Out Of Office Travel Club Program” or “Program” or “Experience” or “OOO Experience” as defined in this document includes the first OOO in Mexico City Experience, and any or all other OOO experiences developed and carried out thereafter, and special opportunities made available to some participants who have completed at least 1 OOO Experience that The OOO Club may provide (it is important to note that names for such programs have not been established yet, however, these terms and conditions will apply to any new developed unless and until specified otherwise). The Out Of Office Travel Club may organize and negotiate trip, housing, and program arrangements that are provided by independent third party providers (“Other Providers”). When provided by such Other Providers, The Out Of Office Travel Club acts only as an arranger, and all services provided in connection with, before, during or after a trip, including but not limited to housing and transportation, are provided, owned and operated by Other Providers, whose employees, facilities, vehicles or vessels, products and services are not subject to The Out Of Office Travel Club’s supervision or control. The Other Providers are solely responsible and liable for providing their respective products, provisions and services, unless otherwise specified. The Out Of Office Travel Club is not their agent and is not responsible for their actions or inaction. The responsibility of The Out Of Office Travel Club in connection with your Program is strictly limited.  The Out Of Office Travel Club makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of the products and services provided by The Out Of Office Travel Club or any Other Provider and any transportation, tours, services, products or facilities provided by Other Providers.

2.2 Your Account. You may be required to sign up for an account, and select a password and user name (“The Out Of Office Travel Club User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your The Out Of Office Travel Club User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.

2.3 Communications: You may receive communications from The Out Of Office Travel Club, including messages that The Out Of Office Travel Club sends you (for example, via email, phone call, SMS, and/or text message). BY JOINING OUR MAILING LIST OR REGISTERING YOUR EMAIL WITH US ANYWHERE ON OUR WEBSITE OR EMAILING US AT ANY OF OUR EMAIL ADDRESSES PROVIDED AT OUR DOMAIN OR SIGNING UP FOR THE PROGRAM OR USING THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM THE OOO CLUB, AND YOU REPRESENT AND WARRANT THAT EACH PERSON FOR WHOM YOU PROVIDE A WIRELESS PHONE NUMBER AND/OR EMAIL ADDRESS HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM THE OUT OF OFFICE TRAVEL CLUB. By providing us with your wireless phone number, you confirm that you want The Out Of Office Travel Club to send you information we think may be of interest to you, which may include The OOO Club using automated dialing technology to text or call you at the wireless number you provided. You agree to indemnify and hold The OOO Club harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

2.4 Disclaimer. The OOO Club and its designated travel program team members are not liable for, and you waive any claim for: (A) any damage to, or loss of, property or injury to, or death of, persons suffered during a Program, whether or not occasioned directly or indirectly by an act or omission of The OOO Club or any Other Provider, including but not limited to any latent or undisclosed defect in any aircraft, watercraft, vehicle, hotel, apartment, workspace or other service or property operated or provided by The OOO Club or any Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by The OOO Club or the Other Providers, or any negligent or willful act or failure to act of The OOO Club or any Other Provider or of any other third party, or any laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by Acts of God, strikes, fire, flood, war, rebellion, conflict & unrest, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against The OOO Club and/or its designated travel program team members for any such loss, damage, injury, or death and assume the risk of The OOO Club’s negligence.

2.5 Activity Release. To the extent you engage in any activities in connection with the Program or any other Services, you acknowledge that you have voluntarily elected to participate in such activities.  You further acknowledge and agree that the activities are voluntary recreational activities and that no officer, supervisor or other employee of The OOO Club is requiring you to engage in the activity. You are aware that there are risks and hazards associated with the activities and voluntarily assume all risk of loss, damage or injury to person or property which may arise from or is related to your engaging in the activities, whether such risk is known or unknown to you.  You are agreeing to this release in lieu of executing additional waivers in connection with such activities, but agree that you may be required by The OOO Club or third parties to execute additional written waivers.  The benefits of such waivers shall apply equally to The OOO Club and shall not limit the waivers or release herein.  You hereby release The OOO Club and all entities associated with The OOO Club and agree not to sue or bring any proceeding against any of the same for any actions, claims or demands that you, your assignees, heirs, distributees, guardians and legal representatives now have or may hereafter have for injury or damages resulting from your engaging in the activities.

2.6 Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE OOO CLUB BE LIABLE TO YOU, YOUR EMPLOYER, YOUR CLIENT(S) OR POTENTIAL CLIENT(S), YOUR GUESTS/VISITORS, OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE OR DELAYS, REGARDLESS OF WHETHER THE OOO CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CHANGE IN YOUR EMPLOYMENT STATUS AS A RESULT OF PARTICIPATING, OR (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID BY YOU TO THE OOO CLUB IN CONNECTION WITH THE PROGRAM OR THE SERVICES PROVIDED IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU OR MAY ONLY APPLY TO YOU IN PART. In connection with your OOO experience (trip), The OOO Club shall not be liable to you for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances.

2.7 Assumption of Risk. The OOO Club Programs will now and in future travel to a large number of countries around the world.  In joining The OOO Club, you agree to assume responsibility for your own safety, and you acknowledge that we cannot guarantee your safety at any time. Local conditions, including but not limited to infrastructure, road conditions, medical care, plumbing, agriculture, sanitation, building codes, safety, and security, may differ significantly from those found in the United States or your home country, as applicable. At any given moment there may be “trouble spots” in the world in terms of war, terrorism, conflict, unrest, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specific cities and countries according to such agency’s perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. The OOO Club assumes no responsibility for gathering such information or providing it to you.

2.8 Itinerary Changes. The OOO Club and the travel program team members reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of participants. Every reasonable effort will be made to operate Experiences as planned, but alterations may still occur after final itineraries are sent.

3. Eligibility

3.1 General. The OOO Club reserves the right in its sole discretion to accept, decline to accept, or remove any participant or guest on a The OOO Club Program or any part thereof at any time. The OOO Club reserves the right to expel any participant from a trip or remove a participant from a vessel, vehicle, event, activity, workspace, or accommodations for any reason, including, but not limited to, lack of payment or if we deem it necessary for the comfort, convenience or safety of the other participants, including if your behavior is deemed to cause or be likely to cause danger to yourself or danger, distress or annoyance to other participants, if we reasonably determine your condition would adversely affect your health, safety or enjoyment, or that of other participants, or if we determine you have engaged in illegal actions.  If we remove you from a trip in progress or remove you from a vessel, vehicle, event, activity, workspace, or accommodations, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of your participation and you will be responsible for that experience fee in its entirety and your travel costs as you leave the Program.

3.2 Employment. If you as a participant in The OOO Club Programs can work remotely and travel, then you are solely and individually responsible for securing and maintaining your job that can be performed remotely. The OOO Club is not a job opportunity provider nor does it negotiate with employers for any opportunities for participants.

3.3 Background Check. The OOO Club reserves the right to do background checks and to consider the results of said background checks in determining the eligibility of an applicant.

3.4 Documentation / Visas. Participants are responsible for obtaining any documents required for their participation in the trip, such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the Terms and Conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the participant’s responsibility.  The OOO Club is not a legal advisor or a professional advisor and it does not provide guidance on visa processes.

.5 Illegal Activity. All participants are expected to abide by the laws in each country visited. If at any point during the Program you perform or engage in any illegal activity, The OOO Club is not responsible for legal ramifications of that action, and you may be removed from the Program at your own cost, and without refund to you. The OOO Club has no responsibility or obligation to notify participants of all applicable local laws.

4. Payments, Cancellations, & Refunds

4.1 General. The payment terms and cancellation and refund policies are as set forth in The OOO Club’s Payment Policies (“Payment Policies”). For clarity, the Payment Policies that are in effect upon your acceptance into a The OOO Club Program shall apply for the duration thereof, notwithstanding updates hereto. However, should you finish a specific The OOO Club Program and choose to enter another The OOO Club Program, the most up to date Payment Policies will apply.

4.2 Billing.  We use various third-parties for billing, payment processing, and financing options (“Third Party Processors”).  The Third Party Processors use and store the financial information you provide, and the processing of payments and billing will be subject to the terms, conditions and privacy policies of the Third Party Processors in addition to these Terms and Conditions. We are not responsible for error by the Third Party Processors. By choosing to participate in a The OOO Club Program, you agree to pay us, through Third Party Processors, all charges at the prices then in effect for the Program in accordance with the applicable payment terms and you authorize us, through the Third Party Processors, to charge your chosen payment provider (“Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Third Party Processors make even if it has already requested or received payment.

4.3 Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, lender, credit card issuer or other provider of your chosen Payment Method. If we, through the Third Party Processors, do not receive payment from you, you agree to pay all amounts due upon demand.

Note: Currently, one time invoice is generated for participants who are confirmed to go on an OOO experience. However, there may be additional 1-time payments generated for add-ons and incidentals.”

4.4 Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE BILLING INFORMATION. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING INFORMATION CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR INFORMATION. CHANGES TO SUCH INFORMATION CAN BE SENT TO info@theoooclub.com. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU PAYMENTS AS PER ADD-ONS AND/OR INCIDENTALS.

5. Health & Medical

5.1 Health Requirements. By registering for a The OOO Club Program and/or using the Services, you certify that you do not have any mental, physical, or other condition or disability that would create a hazard for yourself or other participants. Participants must be in good physical and mental health. Any condition (physical or mental), diet, or treatment requiring special attention must be self-reported in writing by emailing to info@theoooclub.com to take place at the beginning of the on-boarding process. The OOO Club encourages participants to consult a doctor for specific medical advice related to any activities or destinations.  The OOO Club reserves the right to request that a participant obtain medical consent prior to departure as a condition of participation, and/or after a trip has begun as a condition of continued participation, should The OOO Club deem it necessary to do so.

5.2 Medical Authorization and Coverage. During your Program, the availability of medical care may be limited or delayed. You acknowledge that all or part of your Program may be in areas where medical care and evacuation may not be available. In the event a participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the trip who can direct the participant’s care, and The OOO Club is unable or does not have time to contact a participant’s emergency contact, the participant, by agreeing to these Terms and Conditions, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of a licensed physician deemed competent to render the necessary care. In addition, by agreeing to these Terms and Conditions participant certifies that he or she has medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf.

5.3 Emergency Contact. The OOO Club reserves the right to contact your stated emergency contact for any reason related to your health or safety.

6. Photographs, Video & Content

6.1 License Grant. The OOO Club reserves the right to take photographs and video during your trip. By traveling with us, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness.

6.2 Representations and Warranties. Photographs and video of your trip may be submitted to us by you or by third parties such as (but not limited to) other travelers, tour guides, crew, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sub-licensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.

6.3 Social Media. Additionally, by joining a The OOO Club Program and/or using the Services, you grant The OOO Club a royalty-free irrevocable license to re-post or use for any purpose, any image or video including the @theoooclub and/or the #theoooclub or any written content (blog posts and articles) regarding The OOO Club that you post on the internet and/or social media. We will always provide attribution. If you do not want to grant this specific right to The OOO Club, please opt out by contacting: info@theoooclub.com with email containing an opt-out from media message.

Note: In plain english, paragraph 6.3 doesn’t mean that The OOO Club will “own” the content going forward. As the author of the content, you’ll still own it and you can do with it what you want. What paragraph 6.3 creates (unless you opt out) is an irrevocable (no take-backs!), royalty free (no compensation will be provided), right to use the content. We LOVE the content our participants post during their The OOO Club experiences and we reserve the rights mentioned above because it allows us to share your amazing photos, videos, and written content with a wider audience without going through the cumbersome process of asking for permission each and every time.

7. Legal

7.1 Time Limitation for Legal Action. Any claim or legal action whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with the Program or Services, or against The OOO Club must be commenced within 6 months from the date of injury, illness or death or the date the incident giving rise to the claim occurred or else shall be irrevocably waived, notwithstanding any provision or law of any state or country or international convention to the contrary.

Note: We’re not very litigious and hope the community we build with your participation is not as well. However, these next few clauses govern your options should you want to make a claim against us. (Your safety and enjoyment are top priorities, so we hope it doesn’t come to this.)

PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE OOO CLUB AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

7.2 Agreement to Arbitrate: You agree that any claim or dispute whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with your Program, the Services, or against The OOO Club, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration to be administered in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

1. Arbitration Fees.The JAMS rules will govern payment of all arbitration fees. The OOO Club will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
2. Small Claims Court.Either you or The OOO Club may assert claims, if they qualify, in small claims court in Wilmington, Delaware or any United States county where you work or live.
3. Opt Out.You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out to the following address: Attn: The Out of Office Travel Club, LLC, 3230 Vintage Crest Drive, San Jose, CA, 95146, USA, postmarked within 30 days of first accepting these Terms and Conditions. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms and Conditions’ arbitration agreement.
4. Exclusive Venue:The arbitration shall be held in San Jose, California, to the exclusion of any other forum, regardless of where the claim arose, and you consent to jurisdiction and waive any objections to arbitration proceeding in San Jose, California. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract and the arbitration agreement, including but not limited to any claim that all or any part of these Terms and Conditions are void or voidable. Any action to enforce the arbitrator’s decision shall be brought in the state or federal courts in San Jose, California. In the event the arbitration provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason or if you send the opt-out notice mentioned above, then and only then, the provisions of section 7.4 below governing forum shall exclusively apply to any lawsuit involving claims described in this subsection.
5. Deposition.You and The OOO Club further agree to permit the taking of a deposition under oath of the participant asserting the claim, or for whose benefit the claim is asserted, in any such arbitration.

7.3 Waiver of Jury Trial. Neither party will have the right to a jury trial or to engage in pre-arbitration discovery, except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court. You and The OOO Club are instead choosing to have claims and disputes resolved by arbitration. The arbitrator’s decision will be final and binding. Other rights that you or we would have in court also may not be available in arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and The OOO Club over whether to vacate or enforce an arbitration award, YOU AND THE OOO CLUB WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

7.4 Forum and Choice of Law. Any and all claims or disputes relating to or in any way arising out of or connected with this contract the Program or the Services against The OOO Club and not subject to arbitration under the language above shall be litigated, if at all, in and before the courts of the State of California, U.S.A., to the exclusion of the courts of any other state and country. Any claim or dispute relating to, arising out of or connected with your Program, the Services, and provision of services other than on a vessel, whether subject to arbitration or otherwise, shall be governed by the laws of the state of California without regard to conflict of law principles. Any claim or dispute relating to, arising out of or connected with any vessels, whether subject to arbitration or otherwise, shall be governed by the general maritime law of the United States, and if not inconsistent, the laws of the state of California without regard to conflicts of law principles.

7.5 Class Action Waiver. THESE TERMS AND CONDITIONS PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST US WHATSOEVER SHALL BE LITIGATED BY A PARTICIPANT INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND EACH PARTICIPANT EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING PARTICIPANT TO PARTICIPATE IN A CLASS ACTION. If a claim is subject to arbitration under the arbitration clause above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Each participant agrees that this class action waiver shall not be severable under any circumstances from the arbitration clause set forth in the arbitration above, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration.

7.6 Indemnification. If requested by The OOO Club, you will defend, indemnify, and hold harmless The OOO Club from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by The OOO Club in connection with any claim by a third party arising out of or in any way related to: (1) your use of accommodations or transport provided for you, or your actions during an OOO Club event; (2) your violation or alleged violation of these Terms and Conditions or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and an Other Provider. You must not settle any such claim or matter without the prior written consent of The OOO Club. The OOO Club reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims. Both you and The OOO Club acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms and Conditions, The OOO Club’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms and Conditions, and that upon your acceptance of these Terms and Conditions, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as the third party beneficiary hereof.

8. Miscellaneous

8.1 Severability. If it turns out that any part of these Terms and Conditions are invalid, void, or unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary and shall not affect any other terms or negate the validity of the rest of this agreement, which shall remain in full force and effect.

8.2 Entire Agreement. These terms, any and all language directly linked to within these terms, and any official The OOO Club policies and waivers (e.g. the Code of Conduct, The OOO Club’s Payment Policies, The OOO Club’s Activity Waiver, and The OOO Club’s Travel, Accommodation, Workspace, and Tech Policies), constitute the entire and exclusive agreement between you and The OOO Club relating to the subject matter of these Terms and Conditions, and these Terms and Conditions supersede all prior or contemporaneous communications or proposals relating to the subject matter of these Terms and Conditions.

8.3 Assignment. You cannot assign, transfer or sublicense these Terms and Conditions, or your acceptance into a The OOO Club Program, or any accommodations, transport, or services provided as part of a The OOO Club Program, without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. You hereby acknowledge and agree that these Terms and Conditions do not create any agency, partnership, joint venture, or employment relationship between you and The OOO Club, and neither party has any authority to bind the other in any respect.

8.4 Confidential Information. Throughout the course of your participation in a The OOO Club Program or while using the Services, you may be exposed to information, The OOO Club vendors, Other Providers, documents, trade secrets, processes, and procedures that are confidential, proprietary to, and/or the intellectual property of The OOO Club (collectively “Confidential Information”). You hereby agree that you will not: (i) collect and/or copy Confidential Information for any use outside of the enjoyment of your The OOO Club trip; (ii) disseminate or publish Confidential Information; or, (iii) use Confidential Information to harm or compete with The OOO Club.

8.5 Force Majeure. Sometimes things come up that are outside of our control. You acknowledge and agree that we are excused from any delay and will not be liable for any failure to perform any of our obligations stated in these Terms and Conditions if the failure is caused by something that is reasonably beyond our control, including but not limited to, war, earthquakes, fire, flood, explosions, terrorist attacks, government action, or extreme weather.

8.6 Waiver. If we do not enforce any part of these Terms and Conditions, it shall not be deemed a waiver of any further rights hereunder, and does not mean we give up the right to later enforce that part or any other part. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

8.7 Travel Insurance. You must have adequate travel insurance in order to participate in a The OOO Club Program. The OOO Club may provide information about insurance options and references to trusted insurance partners during onboarding, however, you alone are responsible for securing said insurance and The OOO Club may or may not require you to present proof of said insurance.

Note: Whew! Yay, you made it to the end! If you cheated and scrolled straight down here and you didn’t read the content, go back and read it!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The OOO Club Payment Policies

Version 1.0

Effective Date: March 15, 2019

These Payment Policies contain important information about participating in The OOO Club Program (as defined in The OOO Club Participant Terms and Conditions), and/or using the website, applications, or any other services (collectively the “Services”), offered by The OOO Club, LLC (collectively with its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, and assigns referred to herein as “The OOO Club”). Under The OOO Club Participant Terms and Conditions, which constitute a binding contract between you (“you, “your” or “participant”) and The OOO Club, you are also agreeing to these policies.

(If your employer is The OOO Club Enterprise Partner some of the payment policies below apply differently and/or may not apply. Please email our team at info@theoooclub.com if you have any questions.)

1. General Payment Policies

1.1 The non-refundable and non-transferable down payment. To reserve your space on The OOO Club Program a full payment is required upon commitment. Barring the exceptions described in the Extreme Situations section below, the full payment is non-refundable and non-transferable.

Unwanted and unexpected circumstances can come up. When they do, we want you to be able to focus on what’s important.

1.2 Extreme Situations. In certain extreme situations, The OOO Club may waive its strict refund and transfer policies. Waiver of such policies is at The OOO Club’s sole discretion. Those situations are limited to the following:

1) Death of an immediate family member:

• Prior to commencement of The OOO Club Program, if a participant can no longer attend the Program due to the death of an immediate family member (spouse, parent, child, or sibling), the participant’s full payment can be transferred to a future Program that starts within twelve (12) months of the original Program start date. If participant does not elect to participate in a future Program within the 12-month transfer window, the down payment will not be refunded.
• After commencement of a The OOO Club Program, if a participant needs to leave earlier than the program end date due to the death of an immediate family member (spouse, parent, child, or sibling), no payment will be transferable or refundable. All unpaid bills outstanding prior to the leave of absence will still be due.

 

2) Personal injury or illness:

• Please note that this personal injury or illness exception does not apply to medical situations resulting from a pre-existing condition of which the participant had knowledge of when they elected to participate in the Program.
• Please also note that The OOO Club requires a signed note from the doctor treating the participant to confirm that the injury or illness precludes the participant from participating in the Program.
• Prior to commencement of a The OOO Club Program, if a participant can no longer attend their current Program due to personal injury or illness which occurs before the Program, the participant’s payment can be transferred to a future Program that starts within twelve (12) months of the original Program start date. If the injury or illness prohibits the participant from participating in the Program within the 12-month transfer window, The OOO Club will refund the payment in its discretion.
• If a participant needs to leave early from their The OOO Club Program due to personal injury or illness that occurs during the Program, the payment will not become transferable or refundable, and all unpaid bills outstanding prior to the leave of absence will still be due.

1.3 Travel refunds. During the Program, no flight or other travel costs incurred by participant will be reimbursed by The OOO Club. Arriving late or leaving a Program in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of a Program. Neither The OOO Club, nor its designated Travel Team members or affiliates, shall be liable for any cancellation penalty charged by an air carrier or other transportation provider, including but not limited to, any air carrier’s cancellation penalty related to the purchase of a non-refundable ticket to or from the city a participant is in prior to joining the Program or the city a participant is going to after leaving the Program. Please refer to The OOO Club’s Participant Travel, Accommodation, and Workspace Policies for more details.

2. Invoices, Late Payments, & Payment Methods

2.1 Invoices. Payments for certain Programs will be auto-charged via third party payment processors. Invoices for other additional services provided or facilitated by The OOO Club may be sent and due upon commitment to said service. The OOO Club utilizes third party billing platforms, including but not limited to Braintree.com to send and track program or experience invoices and to facilitate payments.

2.2 Add on charges. Incidentals and add-on charges (i.e. damages, visitors, events, other optional city specific offerings, etc.) will be invoiced as incurred. Add on charges for events will be billed based on commitment to attend. If a participant commits to attending one of these additional events, the participant will be billed the associated event charge regardless of attendance.

2.3 Late Payments. Late payments are subject to a late fee of 3% of any amount outstanding 10 days after the invoice due date.

2.4 Payment Methods.  The OOO Club accepts varying methods of payment depending on the specific product offering. Please refer to the product specific payment methods in the relevant section(s) below.

Please see Section 4.2 of the Participant Terms and Conditions for more information about the third-parties we use for billing and payment processing.

2.5 Individual Travel Services. The OOO Club may provide additional travel related services at its sole discretion to participants (“Individual Travel Services”). Individual Travel Services may include, but are not limited to, upgrading travel tickets or booking additional transportation in connection with add-on trips, or deviations from the scheduled itinerary. In performing Individual Travel Services, The OOO Club acts as an arranger for Other Providers (as defined in the Participant Terms and Conditions). Participant understands and agrees that The OOO Club may charge a fee for these Individual Travel Services (“Individual Travel Fees”), in addition to participant’s Program fees. Participant agrees to pay The OOO Club all charges at the prices then in effect for any such Individual Travel Services. Payment of Individual Travel Fees shall be due upon commitment of such Individual Travel Service. Unless otherwise stated, all Individual Travel Fees are nonrefundable.

2.6 Discounts & Promotions: The OOO Club, at its sole discretion, may offer discounts and/or promotions for certain products or offerings. Any discounts or promotions offered are non-transferable and their advertised timelines are strict.

3. The OOO Club program fees may differ for every program / experience. A general announcement of the price will be made upon the announcement of the program. A participant’s commitment to a program is also noted as their commitment to pay the price of that said program as stated by the OOO Club.

*Prices are subject to change.

3.1 Payment Methods. The OOO Club accepts payment from participants in accordance with the following:

• ACH Transfer:The OOO Club accepts ACH transfers via the Braintree.com
• Debit card and Credit Card:The OOO Club accepts debit and credit card payments via Braintree.
  • Payments made by participants via Paypal are subject to an applicable convenience fee (typically around 3%).

For participants that can reasonably prove that they do not have a US-based bank account, The OOO Club will refund the convenience fee, however, participants will be subject to any applicable international transaction and currency conversion fees.3.2 Payment. The non-refundable and non-transferable payment is due from each participant upon commitment to the Program.

3.3 Payment plans. The OOO Club currently does not have any payment plans. However, it can choose to implement a payment plan for select or all participants solely upon its own discretion. The norm is that full payment is required for committing to a program.

3.4 Included in cost. Accommodations; certain ground transportation while on a Program in connection with The OOO Club itinerary as stated for the specific program, including transportation to and from airports; certain activities and events, from time to time during a Program, which may be planned at The OOO Club’s discretion.

3.5 Not included in cost. Passport, visa, and permit expenses; travel insurance; medical expenses and immunizations; transportation to initial destination and from final destination (in some programs there is only 1 destination – initial and final); personal expenses such as food and beverage (alcoholic or otherwise), laundry, telephone calls, SIM cards, additional activities and events, and any other items not specifically noted as included.

3.6 Opting out. In a situation where a participant is going to miss an event which is included, no reduction in fee payment will be granted.

3.7 Notice of early departure. The payment is non-refundable and non-transferable. Should a participant decide to leave the Program early, the participant acknowledges that in so doing, he/she will forfeit the full payment.

Advanced planning is required for The OOO Club to be able to provide all participants with a great experience in terms of event logistics, accommodation allocation, and execution of events. Should a participant decide to leave the Program early, he/she must notify The OOO Club at mailto: info@theoooclub.com.

All unpaid bills or incidentals incurred prior to the early departure will still be due.

4. The OOO Club Cancellation of a Program

4.1 Cancellations; Prior to Departure. The OOO Club reserves the right to cancel any Program that has not yet departed because of inadequate enrollment or any other reason that makes the Program economically infeasible to operate or because of good-faith concerns with respect to the safety, health, or welfare of the participants. If a Program is canceled prior to departure, The OOO Club will provide participants with a full refund of monies paid to The OOO Club and up to $500 for expenditures that have been made on flights to the initial The OOO Club city; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the Program as planned, in which case The OOO Club will provide a refund of all monies paid in excess of the stated down payment amount for that program, and, at The OOO Club’s option, provide participants with a refund and/or credit toward a future The OOO Club equivalent to any remaining monies paid to The OOO Club. Except as outlined above when The OOO Club cancels a Program prior to departure, The OOO Club has no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled Program or for any additional arrangements should participants embark prior to the scheduled group departure date.

4.2 Cancellations; In Progress. The OOO Club also reserves the right to cancel any Program in progress because of good-faith concerns with respect to the safety, health, or welfare of the participants. If The OOO Club cancels a Program in progress, participants will receive a prorated refund of their payment and a prorated refund of fees paid for the month of cancellation and any prepaid events. All other monthly fees paid prior to the month of cancellation will not be refunded. Except as outlined above when The OOO Club cancels a Program in progress, The OOO Club has no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled Program or for any additional arrangements should participants embark prior to the scheduled group departure date.

5. Changes in Fees

The OOO Club will endeavor to keep your fees consistent for the duration of a Program, however, market factors may require The OOO Club to change the cost of its products from time to time. As such, The OOO Club reserves the right to increase the weekly fees for its Programs at any time. Customers shall be provided with at least thirty (30) days’ notice of any such increase, and potential increases shall not exceed 5% of the stated price upon initial payment.

 

 

The OOO Club Participant Travel, Accommodation,
& Event Policies

Version 1.0
Effective Date: March 15, 2019

1. Introduction

These Participant Travel, Accommodation, and Event Policies (“Policies”) contain important information about participating in a program, trip, or experience, and/or using the website, applications, or any other services (collectively the “Services”), offered by The Out Of Office Travel Club, LLC. (collectively with its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, and assigns referred to herein as “The OOO Club”). Under The OOO Club’s Terms and Conditions, which constitute a binding contract between you and The OOO Club, you also agree to these policies. Please familiarize yourself with them and let us know if you have any questions!

We are constantly trying to improve The OOO Club, so these Policies may need to change every once in a while. We reserve the right to change these Policies as and when we deem necessary. Your Program Coordinator(s) will notify you of any substantive changes.

2. Travel Policies

2.1 Travel Alterations, Changes, and/or Diversions

The OOO Club is a group travel experience. As such, we plan travel and experiences for groups of individuals rather than one individual. We do, however, understand that life happens and circumstances may alter your travel plans. We created the following policies to add flexibility into our group travel experience.

If you miss your flight-in to our destination, The OOO Club will not be able to accommodate events you may miss which have already been pre-planned. However, The OOO Club may be able to provide an alternate local event or other service. This is totally upon the OOO Club’s discretion and will be reviewed case by case.

Additionally, please recognize the following:

• If you are not traveling with the group on your program, you are responsible for your own ground transportation to and from the airport and/or bus station.
• If you book alternate travel that does not coincide with the start and end of the program date, you are not eligible to receive any type of compensation from The OOO Club.
• In case of programs with multiple cities, if you are not traveling to a scheduled city with your The OOO Club program, you must send your Program Coordinator your departure and return information at least 10 days in advance of travel dates to ensure a smooth arrival when you rejoin your program.
• If you decide to leave your OOO Club community, all future Planned transport and all future changed, altered, or deviated transport we may have booked for you will be cancelled.

 

The following applies only if a flight is included within the OOO Club experience. This does not apply to any flights booked by the participants on their own or for flights into the first and out of the last destination. Many airlines purposely overbook flights, as they expect cancellations. Unfortunately there is no way to protect against a situation where a planned flight is overbooked and the airline chooses to “bump” people in The OOO Club program. Please note that The OOO Club always has a Plan B for travel and accommodation in case these issues arise.

 

2.3 Luggage

If The OOO Club has planned flights on any of its programs and is included in the itinerary provided then the OOO Club can only guarantee luggage and any other requirements or allowances as stated by the airlines on the purchased ticket. Any additional requirements or add-ons will need to be paid by you for services or products sort by you. This will be program based and all parties will be notified of the specific in each case. If you cannot carry it, do not pack it! Our staff are helpful but The OOO Club staff cannot personally handle, carry and / or transport baggage personally for you under any circumstances. You should be able to move, lift and place your luggage in the designated transport.

If you are not planning to travel with the group during programs which include changing destinations, please take your baggage with you! The OOO Club staff and The OOO Club participants are not able to transport baggage on your behalf. The OOO Club accounts for the number of travelers with each program to determine how much space is needed (both for passengers and baggage). In other words, if you are not joining your program during any travel day, don’t ask one of your friends in your program to take your suitcase, there may not be room for it! No one from the program, participants or staff, will be responsible for any loss of baggage when you do not accompany your own bags.

3. Visitor Policies

• 1 Visitor Policies in The OOO Club accommodations vary depending on the following factors: (a) destination; (b) accommodation; and (c) the preferences of your roommate(s). Your accommodations in each city will be different, as such, the space available for visitors will vary. It is your responsibility to determine if your living space is sufficient for visitors.
• 2 When visitors can be accommodated, you have only 1 night per program in The OOO Club accommodations. If you have 2 visitors staying with you for a night, this counts as 2 visitor nights and so on. The first visitor night each program will come at no cost. Any subsequent nights will cost $30 USD per night.
• 3 Visitors must be reported to your experience or program coordinators prior to their arrival. Not reporting visitors may result in your removal from your accommodations. In this case, RY will not cover the cost of your accommodations for the remainder of the Program.
• 4 The fees and time constraints described above apply to visitors staying overnight in your The OOO Club accommodations. Fees and time constraints do not apply to visitors obtaining their own accommodations.
• 5 Visitors may be able to attend events for free, for a cost, or not at all, at the experience or program coordinator’s discretion.
• 6 You alone are responsible for your visitors! The OOO Club assumes no responsibility or liability for your visitors and The OOO Club assumes no responsibility or liability for the actions and/or behaviors of your visitors.
• 7 Should your visitors attend any The OOO Club events, stay in The OOO Club accommodations, or use transportation provided by The OOO Club, they are expected to behave in accordance with The OOO Club Code of Conduct. If your visitors act counter to The OOO Club’s values or Code of Conduct, The OOO Club reserves the right to ask them to leave and/or to deny them access to The OOO Club accommodations, and events.
• 8 If your visitors are not The OOO Club members, you MUST be present with them when they are in/at The OOO Club accommodations, and The OOO Club events. (This means that your friend from home CANNOT stay in your room while you take other trips or sleep somewhere else.)
• 9 Visitors that will be staying in The OOO Club accommodations must be 23 years of age or older.

4. Accommodation Policies

The OOO Club will never knowingly or intentionally put a participant in accommodations we believe are “unlivable”. However, sometimes situations arise that are out of our control. If any of the issues listed below arise, please report them immediately by sending an email to mailto:info@theoooclub.com. If the issue is not resolved within 24 hours of your report, and if the issue was not the direct or proximate result of a participant’s actions, The OOO Club will move you to a new accommodation until the problem has been fixed. The following instances are included in and examples of this policy:

• No warm water
• Electricity or power outage:
  • Intermittent power outage resulting in 24 hours of total lost power.
  • Note that the outage must be specific to the building or the unit in order to qualify.
• Clean room and/or bedding based on the OOO Club’s assessment of cleanliness.
• Air conditioning or heat failure in extreme climates:
  • Extreme Climates are defined as follows:
    • Warm Weather: If the average temperature* in a city during the Programis greater than 80 F (26.5 C), you will have air conditioning in your accommodation.
    • Cold Weather: If the average temperature* in a city during the month that we are there is less than 50 F (10 C), you will have a heater in your accommodation.
    • *For the purposes of our extreme climates policy, average temperature is based off historical data. Unfortunately we may be unable to install air conditioning during heatwaves and/or heating during record breaking lows.

 

In case of internet outage, The OOO Club may provide you with a SIM card or hotspot instead of moving you to another accommodation for internet connectivity issues.

5. The OOO Club Incidental Policies

You are responsible for paying for lost items and/or damages incurred by you in your accommodations and workspace. All costs will be charged to you by The OOO Club on your next billing cycle. If you would like to dispute any damage or lost item charges, you must do so within 7 days. For any lost or broken items, you will be charged the cost of repair/replacement and labor.

Please remember that you are living in other people’s homes that they are renting out to you. As such, you are expected to treat their property with care and respect. If you are removed from your accommodation due to disrespecting the property or policies (e.g. excessive noise/partying), you will be responsible for obtaining your own accommodation at your own cost. You may also be charged a fee if upon checkout you do not follow the checkout procedures that are given to you in each city.

The OOO Club will charge participants the relevant building and/or landlord charges for replacement and/or repair. Prices will vary depending on how much it costs to repair the item. However, here are the most common damaged items and typical costs to repair them. (Note, the costs listed are average costs and you may need to pay more if the landlord or the building charges more.)

• LIGHTING

Broken Bulb

Free

Broken Fixture

$75

• FURNITURE

Bed Frame Replacement

$75

Headboard or Footboard replacement

$100

Desk/table damages (burns, scratches, etc.)

$75

Dining room chair replacement

$40

Love Seat Damages

$75

Sofa damages

$150

CARPET

Apartment Cleaning (per room)

$105

Carpet Replacement (per room)

$400

CLEANING

Extra dirty/cluttered apartment

$50

Personal effects left

$20

WALLS

Minor wall damages

$100

Major Wall Damages

$200

ACCESS

Door Damage

$50

Broken door

$150

Electronic access card

$15

Physical Key

$35

Change of locks (if required when key is lost)

$100

WINDOWS

Window Replacement

$100

Blind replacement

$55

BATHROOM

Broken sink/faucet

$100

New toilet

$150

Toilet seat

$22

Broken mirror

$125

Shower curtain

$25

KITCHEN

Extreme fridge cleaning needed

$50

New fridge needed

$300

Broken microwave

$170

6. Tech & Network Policies

The OOO Club may provide you with access to Slack, Google Drive, various internet and wifi networks, hotspots, and other technology platforms. You may only use this technology stated for legally allowed purposes. The OOO Club assumes no liability for illegal uses of said technology provided. The OOO Club reserves the right to take action against those who misuse these resources, including temporarily or permanently limiting their access to them (by imposing strict permissions and bandwidth caps, or other methods), removing their access completely, potentially removing them from a The OOO Club Program, and/or reporting them to the relevant authorities. To be absolutely clear, you are expected NOT to use the stated technology for illegal purposes. Additionally, you are expected NOT to use it in any of the ways described below, which would be considered “misuse”. Examples of misuse include, but are not limited to:

• Any use that would violate The OOO Club’s Code of Conduct or Terms and Conditions
• Any use that would violate the Terms of Service for the relevant type of The OOO Club Tech (Google Drive Terms of Service as stated by Google and Slack’s Terms of Service as stated by Slack, each found on respective provider’s platforms)
• Collecting and/or harvesting emails or any personal information of participants, The OOO Club Staff, or any other users
• High bandwidth operations, (e.g. large file transfers and peer-to-peer media sharing)
• Uses involving obscene or indecent speech or materials, or defamatory, harassing, abusive, or threatening material or language
• Forging or misrepresenting (masking) the originator of a message
• Hacking, distribution of Internet viruses, Trojan horses, pinging, flooding, mail-bombing, denial of service attacks or other destructive activities. Also, activities that disrupt the use of or interfere with the ability of others to effectively use any connected network, service, or equipment
• Seeking information on passwords or data belonging to another user
• Intercepting or examining the content of messages, files or communications
• Sending of unsolicited bulk and/or commercial messages over technology provided or using it for activities that invade another’s privacy
• Engaging in any activity that infringes or misappropriate the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party
• Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent security measures of another system. Including, but not limited to, port scans, stealth scans, or other information gathering activity
• The transfer of technology, software, or other materials in violation of applicable export laws and regulations
• Using The OOO Club technology or technical services or platforms in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services
• Distribution of any pornographic materials to or of minors

Note that, we may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The OOO Club Code of Conduct

Effective March 15, 2019

The Code of Conduct (referred to as “The Code”) addresses the commitment of The Out Of Office Travel Club, LLC (“The OOO Club”) to the honesty, integrity and ethical behavior of the people, including you, associated with The OOO Club. It’s about treating one another with respect and tolerance.

Typically, we at The OOO Club try to keep things entertaining and fun, but don’t be surprised to notice a more serious tone when you read over The Code below. This is because The Code is the core agreement we need to align on so we can create a safe, welcoming, and ethical environment where we can all come together to enjoy this unique experience.

INTRODUCTION

The OOO Club is committed to ensuring the respect and tolerance of diverse groups of individuals. In fact, our values include community, empathy, and global perspective. As such, and to help ensure a safe and productive environment, participants, staff, and staff of partnering organizations are expected to behave in accordance with this Code of Conduct. (For clarity, when The Code mentions participants, it is meant to include all participants using The OOO Club’s services, including any friends of participants). We expect participants and staff to act with the values of respect and tolerance in mind when interacting with each other and the world at large. As you travel with us and/or work with us, you are representing yourself, you’re representing your home country, and you’re representing The OOO Club community. Please act in accordance with this Code of Conduct and represent​ The OOO Club ​in​ ​a​ ​way​ ​that​ ​our​ ​entire​ community ​will​ ​be​ ​proud​ ​of.

What does this mean, exactly? It means that your actions must be free from discrimination, libel, slander, or harassment. It also means, you are responsible for your own actions. Misconduct is not excusable because it was directed or requested by another. You are expected to alert The OOO Club whenever an illegal or unethical act is discovered or suspected. No one will be subject to retaliation for a good faith report of a suspected violation.

Participants who violate The Code will be subject to disciplinary action, up to and including removal from The OOO Club program. (Note for Participants: any guests or visitors brought to The OOO Club accommodations, or events are expected to behave in accordance with The Code and may be banned from The OOO Club accommodations, transport services, or events if they fail to do so.) Staff who violate The Code will be subject to disciplinary action, up to and including dismissal. Periodically, you may also be required to review The Code and acknowledge your understanding of and compliance with The Code.

The Code is not a contract and as such does not create any contractual rights of any kind between The OOO Club and any participant or staff. The Code and its contents may be modified and changed by The OOO Club at any time. Changes and updates to The Code will be communicated to you by The OOO Club.

EQUAL EMPLOYMENT OPPORTUNITY (EEO)

Yes, we realize that the word “employment” in the title of this section may not strictly apply to all readers, since participants are not employees of The OOO Club (and in fact, only some staff are employees). Even so, it’s important to us to say that we believe in what EEO laws represent for the OOO Club community and staff. For example, we prohibit unlawful discrimination against people on the basis of their age, race, color, national origin, sex, sexual orientation, religious affiliation, marital status, pregnancy, military status, disability, genetic information, or any other statuses protected by applicable laws.

DISABILITY

The OOO Club also recognizes that some individuals may have physical and/or mental disabilities. As such, The OOO Club will endeavor to provide reasonable accommodations unless doing so causes a direct threat to these individuals or others, violates local laws, and/or if the accommodation creates an undue hardship to The OOO Club. For more information about this section or to discuss or request an accommodation, please reach out to your program coordinator or any staff.

ANTI-HARASSMENT AND ANTI-DISCRIMINATION

The OOO Club is dedicated to providing a harassment-free environment and therefore prohibits harassment or discrimination of any kind, especially involving race, color, ethnicity, religion, gender, age, sex, sexual orientation, national origin, disability, veteran status, marital status, gender identity and expression, physical appearance, body size, and/or technology choices.

Prohibited harassment also includes: inappropriate use of sexual images, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention.  Any such activities could result in disciplinary action, up to and including removal from The OOO Club program or dismissal (staff).

SEXUAL HARASSMENT

Sexual harassment is a form of sex discrimination which is prohibited by law and violates The Code. Prohibited conduct may be verbal, visual, or physical in nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, or the granting or withholding of something of value in response to sexual conduct.

More subtle forms of behavior, such as foul or obscene language of a sexual nature, posting or viewing social media language or pictures, gossiping, asking questions about another’s sex life, displaying offensive posters, cartoons, caricatures, comments, jokes of a sexual nature, and repeated unwanted requests for a date are prohibited as they may constitute sexual harassment or contribute to a hostile or offensive environment. All questionable behavior should be avoided because conduct that appears to be welcome or tolerated by one person may be very offensive to another.

Do not ignore harassment. Participants and/or staff who feel they have been harassed or who witness any type of harassment should make it known that the behavior should be stopped immediately. Inappropriate behavior should be reported according to the guidelines listed below. If you believe you are being harassed or discriminated against for any reason, please, immediately contact your program coordinator or any staff or use the resources under the Reporting Procedures section in this Code.

VIOLENCE

The OOO Club is committed to maintaining a violence-free environment and will not tolerate any type of violence or threats of violence. Violence includes, but is not limited to, harassment, coercion, physical altercations, use of weapons of any kind, intimidation, stalking, and threats of violence. Please, do not joke or make off-hand remarks about violence.

Any potentially dangerous situation must be reported immediately to a program coordinator or any staff. Law enforcement, security, and/or emergency services should be contacted first if you believe there is an imminent threat.

SOCIAL MEDIA

Social media offers various methods of communication and self-expression and it can foster community—both with friends and family in other countries, as well as with the community formed by The OOO Club. However, use of social media that violates The Code (including discrimination and harassment), discloses confidential or proprietary information, makes maliciously false comments about The OOO Club or its staff or participants, or contains abusive comments, may result in disciplinary action up to and including removal from The OOO Club program (participants) or dismissal (staff).

FRATERNIZATION

Everyone on The OOO Club program (and everyone working for The OOO Club) is an adult and is expected to make responsible decisions. It’s not The OOO Club’s place to tell consenting adults who they can and can’t date or be friends with.

The OOO Club’s stance on participants entering into a physical or romantic relationship with other participants, (or staff entering into same with other staff), emphasizes The OOO Club’s commitment to and belief in the importance of Affirmative Consent. Affirmative Consent is defined as “informed, freely and affirmatively communicated willingness to participate in sexual activity that is expressed by clear and unambiguous words or actions.” Clear and unambiguous words or actions are those that are freely and actively given by informed individuals that a reasonable person in the circumstances would believe communicate a willingness to participate in mutually agreed upon sexual activity.

As specified in the “Anti-Harassment” section in this Code, unwelcome sexual attention is not permitted, if you are not sure if you have Affirmative Consent, immediately stop.

ALCOHOL AND DRUG USE

The OOO Club has a strong commitment to provide you with safe experiences. The OOO Club has safeguards and resources in place to reduce risks, and in turn you are also expected to avoid behavior that is likely to cause danger to yourself or to others. Specifically, the use of alcohol and drugs are examples of this type of behavior.

Alcohol Use. Excessive alcohol use has many potentially negative and/or risky effects. We will not tell you what your drink limit should be, but we do ask that you make smart decisions about your personal alcohol use.

Additionally, staff is expected to act responsibly and ensure their intake of alcohol does not impede their judgment or job performance.

For both participants and staff, if your actions cause a threat to you or others, or if you participate in behaviors that violate The Code you may be subject to disciplinary action, up to and including removal from The OOO Club program (participants) or dismissal (staff).

Drug Use. The use of illegal drugs violates the law. Drug abuse can also pose a threat to the health and safety of participants and staff. The term “drug” as used in this Code includes the improper use of prescription drugs, marijuana, illegal inhalants, illegal drugs and/or other controlled substances.

The OOO Club reserves the right to inspect all premises for drugs or other contraband, and any person refusing to cooperate in such inspections may be subject to appropriate discipline up to and including removal from The OOO Club Program (Participants) or dismissal (staff).

If you use, possess, buy, sell, manufacture or dispense an illegal drug you may be disciplined, up to and including removal from The OOO Club program (Participants) or dismissal (staff).

ASSUMPTION OF LIABILITY

The OOO Club assumes no liability for any behavior that breaches this Code of Conduct, including, but not limited to, violence, harassment, sexual assault, and/or the use or abuse of alcohol and/or drugs. If you participate in or instigate behaviors in breach of The Code of Conduct, The OOO Club reserves the right to contact local authorities, contact your emergency contact, and/or take any other steps that The OOO Club deems necessary to maximize your safety and the safety of those around you. In addition, you may be subject to disciplinary action up to and including removal from The OOO Club Program (Participants) or dismissal (staff).

OBLIGATION TO REPORT POLICY

It is each person’s responsibility to abide by any/all applicable laws and regulations, as well as by The Code of Conduct. If you believe that there has been a violation of any expectations defined in The Code of Conduct, including harassment or discrimination, you are obligated to make a timely report to enable The OOO Club to investigate and correct not only the behavior, but also any effects behavior may have had on the program and/or those involved.

If you observe an incident of violence or threatened violence that is immediate and serious, take steps to maximize safety first, including contacting local authorities and/or security if needed. Once the immediate threat has passed, please also notify The OOO Club by following the procedures outlined below.

To report a situation or incident, your first line of support is to report the incident to your Program Coordinator (Participants) or staff who will support and assist you in lodging a report with our founders.

For Participants and staff who are not comfortable reporting to their first line of support, your second option is to reach out to the founders directly.

At times of escalation, each complaint will be evaluated and investigated separately and completely and necessary measures including hiring a third party HR and legal team for initial review and screening may be taken by the OOO Club.
If the result of an investigation indicates that corrective action is called for, such action may include disciplinary measures up to and including immediate expulsion from The OOO Club program without a refund at the discretion of The OOO Club (Participants), or dismissal (staff).

When a Participant’s employer has a direct relationship with The OOO Club, information about any situation related to The Code may be shared with them, at The OOO Club’s discretion, including information regarding reports, investigations, and resulting actions.

When submitting a report at mailto:info@theoooclub.com, you may include your name and information, or you may submit the report anonymously.

The OOO Club does not tolerate retaliation for filing a report. For more information, see the No Retaliation section of this Code.

NO RETALIATION

Retaliation against any person who in good faith has reported a violation of The Code (or the law), has raised questions or concerns, has reported an incident, or has otherwise participated in an investigation of such matters, will not be tolerated.

If, for any reason, you perceive retaliation, please follow the report procedure outlined above to notify us. The situation will be investigated, and if The OOO Club determines an individual’s behavior is in violation of The Code, disciplinary action will be taken, up to and including removal from The OOO Club program (Participants), or dismissal (staff).

This Code of Conduct is not intended to describe every possible instance that may happen, or provide answers to all of the questions that may arise. The OOO Club encourages you to talk to your Program Coordinators (Participants) or your People Operations representative (staff) for guidance, and for support with any questions.

The Code is an agreement to faithfully comply with all laws, rules, policies and regulations of the regulatory agencies and countries that apply to us during our journey/time together. It also acts as a guide for inclusion and acceptance of all participant members, reminding us to act responsibly, in good faith, and to treat one another well.

 

 

 

 

 

 

 

 

 

 

 

 

The OOO Club Privacy Policy

Version 1.0
Effective Date: March 15, 2019

The Out Of Office Travel Club, LLC. its subsidiaries and other entities within its corporate group structure (collectively, “we”, “us”, “our” or “The OOO Club” or “Community”) respect the privacy of our users and we are committed to informing you about how we collect, use, and share Personal Information about you which is submitted by you or on your behalf. This Privacy Policy describes our practices with respect to the information we collect from or about our users in connection with The OOO Club website, portal, social media and/or mobile application (collectively, the “The OOO Club Platform”) and Services (as defined in the Participant Terms and Conditions). This Privacy Policy applies to persons anywhere in the world who use The OOO Club Platform or Services. For clarity, Services includes The OOO Club Platform.

Please read this Privacy Policy carefully to understand how we will treat your Personal Information (as defined below) and by continuing to browse the website or purchase or use any of our services you are deemed to have accepted the terms of this Privacy Policy.

In addition, we recommend that you review our Privacy Policy periodically, because we may revise it at any time. We are constantly trying to improve The OOO Club, so this Privacy Policy may need to change. We reserve the right to change the Privacy Policy at any time, but if we make material changes, we will bring them to your attention by placing a notice on www.theoooclub.com or emailing all participants who have signed-up or provided their email on our web portal for information, mailing list, etc., and/or by some other means. The “Effective Date” at the top of this page indicates when our Privacy Policy was last revised.  Each time you use The OOO Club Platform or provide us with information, you accept the practices described in this Privacy Policy as applicable at that time.

Personal Information and Other Information Processed by The OOO Club

The OOO Club processes both Personal Information and Other Information about its users through their use of and in connection with the Services.  For purposes of this Privacy Policy (i) “Personal Information” is information relating to a person who is identified in that data or who is, together with other data, identifiable; and (ii) “Other Information” is any additional information that The OOO Club collects about our users that is not Personal Information.

Personal Information you provide: you may give us your Personal Information directly, for example, when you fill in forms on The OOO Club Platform, correspond with us (for example, without limitation, by email, phone, skype, zoom, social media or chat), register to use The OOO Club Platform, access our mobile applications or services, create an account with us or otherwise use The OOO Club Platform. The Personal Information you give us directly will usually include your name, address, email address, social media details, contact details, emergency contact details, billing information, photos, videos, voice recordings and information about your family and friends. It also includes the information provided in your application forms such as employment history and current employment details, income details, travel plans, personal and professional goals, languages, nationality and residency, passport details, background check and identity check details (including details of any criminal offences), health data, details of personal interests, lifestyle details, sexual orientation, accommodation preferences and insurance details. All information and content submitted by you to The OOO Club Platform may be retained by us indefinitely, even after you terminate your account. We may continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy.

We may use your contact information to send you information about the Services. You may unsubscribe from some of these messages by using the unsubscribe link provided in each email or emailing us directly at info@theoooclub.com with details regarding although, we reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.

Personal Information we collect: we may combine Personal Information collected through The OOO Club Platform with Other Information that we or third parties collect about you in other contexts—such as our communications with you via email, phone or otherwise or your customer service records and travel details. Additionally, if you register for or access The OOO Club Platform using a third party service, we may receive Personal Information that you allow such third party service to share with us. You acknowledge that this information may be personal to you, and by creating an account and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous.

We will treat all such information, to the extent combined with Personal Information, as Personal Information and protect it in accordance with this Privacy Policy.

Other Information we collect: each time you log onto your account or use The OOO Club Platform, we may, in some cases automatically, collect the following information:

• through your device:we may collect information from or through the device you use to connect to The OOO Club Platform, including, for example, the type of device, the IP address, the approximate location derived from an IP address, the mobile network, the operating system and version, the browser and version or the timezone setting or unique device identifiers.
• log information:we automatically receive and record certain details about your use of The OOO Club Platform, including but not limited to, web traffic data, web logs and communication data, information about your activity on The OOO Club Platform.
• other information from other sources:we work with third parties (including, for example, providers in technical, payment services, advertising networks, analytics providers and search information providers), and we may receive, collect, store, and use information about you from them. We may partner with certain third parties to collect the Other Information and to engage in analysis, auditing, research and reporting or for use in providing online interest-based advertising on our behalf.  These third parties may use web logs or web beacons, and they may set and access cookies or similar technologies on your device.  They may also use information about your use of The OOO Club Platform to help target non-The OOO Club advertisements based on your online activity in general.
• information from email communications:we may communicate with you via email, SMS, MMS or other text message (collectively, “Text Message”) or push notifications (to the extent you permit us to do so), and we may collect information regarding such communications, such as confirmation when you open an email. We use this information to improve the Services, including without limitation our customer service.
• financial information: financial information, such as your payment method, valid credit card number, type, expiration date or other financial information, is collected and stored by our third party payment processing company (the “Payment Processor”), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy.  We do not currently store financial information. Presently, we use Braintree.com or other third party billing platforms as one of our Payment Processors. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Third party platform’s Terms of Service and Privacy Policy will apply and can be found on their respective webpage.
• information related to cookies:we collect information through our use of cookies. Please see the section below titled ‘Cookies’ for more information.
• information related to advertising and use of beacons:to support and enhance the Services, we may serve advertisements, and also allow third parties advertisements, through The OOO Club Platform. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.”  Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. Advertisements served through The OOO Club Platform may be targeted to users who fit a certain general profile category and may be based on (i) anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age); (ii) The OOO Club Platform usage patterns or (iii) user activity on third party services. We do not provide Personal Information to any ad networks for use outside of The OOO Club Platform. To increase the effectiveness of ad delivery, we may deliver a file (known as a “web beacon”) from an ad network to you through The OOO Club Platform. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site. You can opt out of certain types of targeted advertising as further described in the section below titled ‘Your Rights.’
• aggregate information:we collect statistical information about how both unregistered and registered users, collectively, use The OOO Club Platform (“Aggregate Information”). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, your account or your web browser.

How We Use Your Personal Information

The OOO Club may use the information that we collect from you:

• to provide services to you:we use Personal Information to provide our services to you through The OOO Club Platform, The OOO Club trips/programs and events, to process and complete payments or transactions and to provide customer support. We may use the information we collect from you in the following ways: to personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested; to improve our website in order to better serve you; to allow us to better service you in responding to your customer service requests; to administer a contest, promotion, survey or other site feature; to quickly process your transactions; to send periodic emails regarding your order or other products and services; to follow up with them after correspondence (live chat, email or phone inquiries). We also may use Personal Information to improve the Services.
• to contact you:subject to applicable law, we or our third-party service and business providers may send you communications. Such communications are designed to make your The OOO Club experience more efficient and may include, but are not limited to: notifications about the Services (including important news that could affect your relationship with us), communications about our services, promotions and our mobile application features.  These types of communications may also contain commercial messages, such as banner ads and special offers.  By using the Services, you consent to the receipt of such communications and marketing information.
• for legal purposes:we may use and share Personal Information for legal purposes, including as described below in the section titled ‘How We Share Information with Third Parties’ (including the transfer of such Personal Information to third parties in countries outside your country of residence where data protection laws may be less adequate compared to your own country’s data protection laws).
• for our business purposes:we may use Other Information to help us efficiently operate The OOO Club and The OOO Club Platform, to count and recognize visitors to The OOO Club Platform, to enable certain features on The OOO Club Platform and for other purposes related to managing our business.

for other purposes: subject to applicable law, we may use Other Information for additional purposes in connection with The OOO Club Platform, including any purpose for which we may use Personal Information, as described above.

The OOO Club may link Other Information with Personal Information. In those circumstances, we will treat the combined information as Personal Information.

How We Share Information with Third Parties

Subject to applicable law, we may share your Personal Information and Other Information:

• with partners and other third-party service providers:to operate The OOO Club Services, including processing your transactions and supporting your activities on a The OOO Club trip or The OOO Club Platform, we may share your Personal Information with our partners and other service providers. These service providers may provide us with support services such as origination of communications, receipt or support services, customer relationship management services and order fulfillment.
• with The OOO Club group entities:we may share your Personal Information or Other Information with our parent company and other subsidiary or sister entities, each of whom will comply with the terms of this Privacy Policy with respect to its use and disclosure of such Personal Information.
• with third-parties through their websites:The OOO Club Platform may enable you to share information directly on or through websites or online services operated by third parties. For example, The OOO Club Platform may contain links to third-party websites. If you choose to browse such websites, you may disclose your Personal Information to those third-party websites. The OOO Club is not liable for the content or action of such third-party websites.
• user information:some of your activity and information provided on and through The OOO Club Platform may be public (such as your name, profession, and participation in a program). Please remember that if you choose to provide Personal Information using certain public features of The OOO Club Platform, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through The OOO Club Platform. Additionally, profile information including your name and other information you enter may be displayed to other participants to facilitate participant interaction within The OOO Club Platform. We will not directly reveal user email addresses to other participants.
• with our agents:we also employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.
• for legal purposes and the protection of others:we may disclose your Personal Information and Other Information for The OOO Club’s legitimate business interests or to comply with applicable law, investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions and Privacy Policy or to cooperate with regulatory authorities or law enforcement, to establish, exercise or defend our legal rights or defend against legal claims. We also reserve the right to disclose any information to respond to user support requests or protect our rights, property or safety, our users, and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
• pursuant to business transfers:in some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
• aggregated information:from time to time, The OOO Club may also share anonymized and aggregated information about users of the Services such as by publishing a report or providing information to our business partners on trends in the usage of the Services and demographic of users. We use and share this type of data so that we and our business partners can understand how and how often people use our and their services or websites, which facilitates improving our Services, their services and how our Services interface with their services. In addition, these business partners may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.
• financial information:as stated above, we do not currently collect financial information, as that information is collected and stored by our Payment Processor. However, we may from time to time request and receive some of your financial information from our Payment Processor for the purposes of completing transactions you have initiated through The OOO Club Platform, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identifying possible fraudulent transactions, and otherwise as needed to manage our business.
• information we share with your consent:except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

Cookies

Cookies are small data text files that save on your computer or mobile device when you access a website. Your browser stores cookies in a manner associated with each website you visit. Cookies enable websites to remember your actions and preferences (such as login, language and other display preferences) over a period of time. To make The OOO Club Platform work properly, we sometimes use cookies. The OOO Club uses cookies to enable our servers to recognize your web browser and tell us how and when you visit and otherwise use our services and website through the Internet, to analyze trends, and to learn about our user base.

We may combine non-personally identifiable information collected through cookies with other Personal Information that we have about you, for example, to tell us who you are or whether you have an account.  We may also supplement the information we collect from you with information received from third parties in order to enhance our services, or to offer you information that may be of interest to you.

Most browsers automatically accept cookies, and have an option for turning off the cookie feature, which will prevent the browser from accepting new cookies, as well as (depending on the sophistication of the browser software) allowing the user to decide on the acceptance of each new cookie in a variety of ways. If you choose to decline cookies, some parts of The OOO Club Platform may not work as intended or may not work at all. For more details, see aboutcookies.org.

Please reference the chart below to learn more about the kinds of cookies we use and for what purpose.

• Essential Cookies

Essential cookies are cookies that enable you to navigate and use all the features provided through our Services. Without these, you would not be able to navigate between pages and be served various pages.

Examples: encrypted and cryptographically signed session cookie, used to identify you to our servers after you log in; flash: temporarily stores messages and alerts that we display on-screen to you.

• Functionality Cookies

These cookies enable us to remember you have visited us before, including any preferences you have provided and/or selected to give you a tailored experience.

Tags: _rails_app_session, rack.session,

• Performance and Analytical Cookies

This information is used to help us understand your interactions with the Services. We use this information with various analytics applications to improve the Services and better target various offerings to users. Examples: ga : Google Analytics identifier.

We use third parties, for example, Google Analytics, to analyze statistical information from users of our Services.

Tags: Google Analytics (Analytics), Google Optimize, Facebook Pixel (Conversions), Bing UET Conversion Pixel

• Retargeting or Advertising Cookies

Third parties may also use such tracking technologies to serve ads that they believe are most likely to be of interest to you and measure the effectiveness of their ads both on The OOO Club Platform and on other websites and online services. Targeting and advertising cookies we use may include Google Analytics, Facebook Pixel, LinkedIn Insights tag and others.

Tags: Google Analytics (Audiences), Google Optimize, Facebook Pixel (Custom Audiences), Bing UET Retargeting Pixel, LinkedIn Insights tag – If you are not a LinkedIn member, learn more about cookies and how to opt out.

We use cookies to help us improve, promote, and protect our services. By continuing to use The OOO Club Platform, you agree to our cookie policy. This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.

Where We Store Your Information

The information that we collect from you may be transferred to, and stored at, a destination (a “third country”) outside the country or region in which you are resident or use The OOO Club Platform, including in the United States of America where data protection laws are not deemed to be as adequate as other regions (e.g. Europe). The data protection laws in these third countries may be less adequate compared to your country of residence. By using The OOO Club Platform, you agree to this transfer, storing or processing of your laws in such third countries.

Our Security Precautions

The OOO Club uses commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information against loss or unauthorized access, use, modification or deletion but no security program can be guaranteed to be 100% secure. As a result, The OOO Club cannot guarantee the security of any information obtained or processed by The OOO Club or its service providers, and you use The OOO Club Platform at your own risk. Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. Your Personal Information is only accessible by a limited number of persons who have special access rights to such information, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology via the Braintree.com platform we use.

We will take commercially reasonable steps to ensure that your data is treated in accordance with this Privacy Policy.

Additionally, you are responsible for preventing unauthorized access to your account and Personal Information by protecting your account credentials and limiting access to your devices.

Your Rights

You may, under applicable law, have the right to ask us not to process your Personal Information for marketing purposes.  If you do not wish to receive marketing communications from The OOO Club, please follow the opt-out instructions contained in each such communication or any time by contacting us at info@theoooclub.com.  Please note that you may not be able to opt-out of certain non-marketing communications about your account or communications that are reasonably necessary to provide services to you, and that opting-out of receiving text messages or other communications, as applicable, may impact your use of The OOO Club Platform or may limit The OOO Club’s ability to provide services to you.

Please note that it may take up to 30 days for your withdrawal to be reflected in our systems following confirmation of your request to opt-out.  Therefore, you may still receive certain communications during this period.

California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: The Out Of Office Travel Club, LLC 3230 Vintage Crest Drive, San Jose, CA, 95146.

Opting out of Interest Based Advertising

We use Google and Facebook services to advertise to you. Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy. We have implemented demographics and Interests Reporting.

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

Through the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about interest-based ads from participating third parties and to opt out of receiving certain cookies and certain trackers, please visit the DAA’s or NAI’s consumer opt out pages, which are located at http://www.networkadvertising.org/choices/ or www.aboutads.info/choices or http://youronlinechoices.eu.

Do Not Track

Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites. The OOO Club Platform does not currently support the Do Not Track options offered by most major browsers. For more information about DNT signals, visit http://allaboutdnt.com.

Accessing & Editing Your Information

The OOO Club provides you with the ability to view, update, access, edit and correct your Personal Information by contacting our team at info@theoooclub.com (if your program has not yet launched), by contacting your Program Coordinators (if your program has launched). Personal Information transmitted through boards, chats, polls or any other means may remain in our databases, except to the extent prohibited under applicable law.

You may have additional rights under applicable law to access information we hold or share about you but any access request may be subject to a reasonable fee, to the extent permissible under applicable law, to meet our costs in providing you with details of such information.

Children’s Privacy

The Services are designed for adults only and are not available to children (i.e. persons who are under 18 years of age) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are an adult and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Privacy Policy. We reserve the right to verify your information and can exercise our absolute discretion not to provide any Services to you if we are not satisfied that you are an adult. If a child has provided us with Personal Information, a parent or legal guardian of that child may contact us as described below. Upon confirmation, we will then make reasonable efforts to delete the child’s Personal Information from our applicable database.

Contact

Questions, comments, and requests regarding this Privacy Policy should be addressed to info@theoooclub.com.

NOTICE FOR RESIDENTS OF THE EU, UK, LICHTENSTEIN, NORWAY, OR ICELAND

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. The OOO Club will be the controller of your Personal Data processed in connection with the Services.

Where applicable, this GDPR Privacy Notice is intended to supplement, and not replace, The OOO Club’s Privacy Policy. If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at info@theoooclub.com.

What Personal Data Do We Collect From You? We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.

Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:

• Contact and identification information (e.g. name, email address, social media accounts, telephone number, DOB)
• Residency information (e.g. country of citizenship and city or postal code, country of primary bank account)
• Personal details (e.g. employer, remote work experience, work schedule, work goals, travel lifestyle preferences, arrival flight information, technology preferences, insurance information, emergency health information, emergency contact information, marital status, preparation taken for The OOO Club, past travel experience, passport details, travel day preferences)

Information we receive from third party sources:  Some third parties such as your employer (if they are a The OOO Club enterprise partner), our Payment Processors, or our advertising partners provide us with Personal Data about you, such as the following:

• Account information for third party services:If you interact with a third party service when using our Services, such as if you use a third party service to log-in to our Services (e.g., Facebook Connect or Twitter OAuth), or if you share content from our Services through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service.
• Information from our advertising partners:We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.
• Information from your employer: If we have a partnership with your employer we may receive information about you from them.
• Information from our Payment Processors: Financial information, such as your payment method, valid credit card number, type, expiration date or other financial information, is collected and stored by our Payment Processors, and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy.  We do not currently store financial information, but the Payment Processors may share other information about you with us, such as when payments are received.
• Information from other partners: If you’ve joined The OOO Club + any other third party programs including locally held event partner program, we may receive information about you from them.

Information we automatically collect when you use our Services:  Some Personal Data is automatically collected when you use our Services, such as the following:

• IP address
• Device identifiers
• Web browser information
• Page view statistics
• Browsing history
• Usage information
• Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.) — For more information, please review our Cookie Policy above.
• Location information (e.g. IP address, zip code)
• Log data (e.g. access times, hardware and software information)

How Do We Use Your Personal Data?  We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:

• Provide The OOO Club platform and meet our contractual obligations
• Create and manage user profiles
• Communicate with you about the Services
• Contact you about Service announcements, updates or offers
• Provide support and assistance for the Services
• Personalize website content and communications based on your preferences
• Respond to user inquiries
• Fulfill user requests
• Analyze demographics for business insights
• Comply with our legal or contractual obligations
• Analyze demographics for business insights
• Resolve disputes
• Protect against or deter fraudulent, illegal or harmful actions
• Enforce our Terms and Conditions

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

• Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms and Conditions, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
  • Contact and identification information (e.g. name, email address, telephone number, DOB)
  • Residency information (e.g. country of primary bank account)
  • Personal details (e.g. employer, travel lifestyle preferences, arrival flight information, technology preferences, insurance information, emergency health information, emergency contact information, passport details, travel day preferences)
• Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
  • Contact and identification information (e.g. social media accounts)
  • Residency information (e.g. country of citizenship and city or postal code
  • Personal details (e.g. remote work experience, work schedule, work goals, marital status, preparation taken for The OOO Club, past travel experience)
  • Contact and identification information (e.g. social media accounts)

Examples of these legitimate interests include:

• Operation and improvement of our business, products and services
• Marketing of our products and services
• Provision of customer support
• Protection from fraud or security threats
• Compliance with legal obligations
• Completion of corporate transactions

• Consent:  In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
• Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

How and With Whom Do We Share Your Data? We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:

• Payment processors
• Fraud prevention service providers
• Ad networks
• Analytics service providers
• Staff
• Hosting service providers
• Co-location service providers
• Telecommunications service providers
• Accommodation providers, transport providers, event space providers, travel partners, and experience partners.

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:

• Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)
• Social media services (if you interact with them through your use of the Services)
• Third party business partners who you access through the Services
• Other parties authorized by you

We also share information with third parties when you have given us consent to do so (as indicated at the point such information is collected).

We also share Personal Data when we believe it is necessary to:

• Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
• Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
• Maintain the security of our products and services

Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

How Long Do We Retain Your Personal Data?  We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

What Security Measures Do We Use? We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity.

Personal Data of Children:  As noted in the Terms and Conditions, we do not knowingly collect or solicit Personal Data from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from someone under age 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us Personal Data, please contact us at info@theoooclub.com.

What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email info@theoooclub.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. If you’ve used The OOO Club Profile Builder, you can access certain of your Personal Data through that platform.
• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. If you provided us with data prior to the launch of The OOO Club service to build your profile directly and would like to request that we correct or supplement such data please contact us at info@theoooclub.com.
• Erasure: You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability:  You can ask for a copy of your Personal Data in a machine-readable format.  You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint: You have the right to lodge a complaint about Company’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

Transfers of Personal Data: The Services are hosted and operated in the United States (“U.S.”) through Company and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Company in the U.S. and will be hosted on U.S. servers, and you authorize Company to transfer, store and process your information to and in the U.S., and possibly other countries.

What If You Have Questions Regarding Your Personal Data? If you have any questions about this GDPR Privacy Notice or our data practices generally, please contact us at info@theoooclub.com