~ANDREW HARPER, INC. TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE OR SERVICES.

This agreement (“Agreement” or “Terms of Use”) between you and Andrew Harper, Inc. (“Company”) sets forth the terms and conditions which apply to the use by you of www.andrewharper.com or other sites owned and operated by Company, and otherwise sets forth certain membership restrictions and limitations on liability applicable to your membership to the services offered by the Company (collectively, “Services”). Subject to the terms and conditions below, and your acceptance thereof, Company agrees to grant, and you agree to take, a non-exclusive, non-transferable, single computer license to use and display the contents of the Services for your personal (or household, including for purposes herein, your spouse or partner, and any dependants living with you in your household) non-commercial use by any machine(s) of which you are the primary user (“Limited Licensee”). Without limiting the foregoing, you agree not to use the contents of the Services for any other use or purpose. You further agree that you will not, and will not attempt, to copy or distribute the content of the Services, or transfer your membership in the Services offered by the Company hereto, to any other person unless specifically permitted by Company or otherwise violate the single computer, non-commercial display and use Limited License granted hereunder, including, for purposes herein, selling the Services to third-parties that are not subscribers to the Services provided by the Company. If you do not understand and accept the provisions, do not use the Services. Your use of the Services shall be deemed to constitute your acceptance of this Agreement and all of Company’s rules and restrictions related to the Services, as they may change from time to time.

LAWFUL USE

You agree to use the Services only as lawful in the United States, and all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in the world, and all subdivisions thereof, with respect to which you use or access the Services. Without limiting the foregoing, you agree not to post on or transmit through the Services any material which violates or infringes in any way upon the rights of others; is threatening, abusive or harassing; is defamatory; is invasive of privacy or publicity rights; is obscene; is lewd, lascivious, filthy, excessively violent or otherwise objectionable; or which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules or procedures imposed by Company or by third-party content providers in connection with third-party content, software or services available on or through the Services.

RIGHTS

The content of the Services includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Services are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to Company. Third-party content providers own the copyright in content that is original to them. The following word and design marks belong exclusively to the Company:

Word Marks

Design Marks

All rights are reserved. All other trademarks and service marks appearing on the site are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” on other web sites is prohibited. You may not display our Services or content in frames or “in-line links” without express written permission from Company (e-mail requests to administrator@andrewharper.com). You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the content of the Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of Company and the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Services. You may not create a database in electronic or manual form by downloading and storing any materials contained on the Services. Any communications or materials you transmit to Company for posting on the Services by, electronic email or otherwise, including, without limitation, data, questions, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or message postings, will be treated as non-confidential and non-proprietary. You hereby unconditionally and irrevocably transfer and assign to Company, its parent and its and their affiliates, subsidiaries, successors and assigns, in perpetuity, all right, title and interest in and to all such materials including all rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, sell, license, display and otherwise exploit the material you send to Company, in all languages and throughout the universe, in any form, media or technology now known or hereafter devised. You acknowledge and expressly agree that any such communications or materials you transmit or post may be used and exploited by Company, its parent and their affiliates, subsidiaries, successors and assigns, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products using such information, and you hereby waive the right to receive any financial or other consideration in connection with such information, including, without limitation, credit.

REFUND POLICY

Andrew Harper, Inc. (“Andrew Harper”) offers a 60-day money back guarantee for a new membership purchase. Upon the written request of any member, and upon receipt of such member’s Harper Collection®, Alliance Directory®, and membership card, the member will receive a prompt and courteous refund of the entire amount paid.

Pro-rated refunds may be considered for cancelled memberships beyond the 60-day money back guarantee (new members only), but such considerations shall remain in the sole discretion of Andrew Harper. The membership card along with a written request to cancel membership must be received prior to a cancellation being effective and a pro-rated refund being issued, if any.

Renewal cancellations are subject to pro-rated refunds only, and subject, again, to the sole discretion of Andrew Harper. The membership card along with a written request to cancel membership must be received prior to a renewal cancellation being effective, and a pro-rated refund being issued, if any.

For questions regarding cancellations, please e-mail membership@andrewharper.com or telephone (800) 235-9622 or (512) 904-7320.

Please mail all materials to:
Andrew Harper
Membership Office
P.O. Box 684368
Austin, Texas 78768-4368

Andrew Harper will not be held responsible for any lost packages.

Your refund will be processed within 14 days of receipt of all returned materials set forth above.

ANDREW HARPER MEMBER REFERRAL PROGRAM

The Andrew Harper Member Referral Program (the “Referral Program”) is an incentive program that awards a pre-selected gift to Andrew Harper members (“Members&lrquo;) that refer friends, family or colleagues to Andrew Harper, and who, as a result of such referrals, join Andrew Harper as Members. Referring Members of Andrew Harper are instructed to utilize their unique Andrew Harper member number as their own personal referral code. The referral code gives Andrew Harper the ability to track who was referred by whom and awards each referring Member accordingly. This promotion cannot be combined with other promotions. Incentive gifts associated with the Referral Program do not represent actual currency or cash value and can only be awarded to the Member that successfully made the referral. For every referred person who joins Andrew Harper as a result of a Member’s referral and said referred person used the Member’s own personal referral code, Andrew Harper will award a membership extension of three (3) months to such referring Member. Cumulative membership extensions shall be applied within 60 days after referrals join Andrew Harper. Qualifying referrals are those who are not currently active or former members of Andrew Harper.

Under certain circumstances, referred friends, family or colleagues may delay joining at which time the referring Member’s membership may be expired. Andrew Harper will apply the gift of an extension of membership as a reinstatement of membership at such time as long as the expired membership is within one year. Beyond one (1) year, the Member will automatically forfeit any gift extensions due to referrals. Andrew Harper will not supplement prior issues of publications after expiration upon reinstatement of a Member’s membership.

Andrew Harper reserves the right to change, modify, amend or terminate the Referral Program at any time for any or no reason.

HARPER MARKETPLACE (EAUCTIONS)

By continuing to use the Harper Marketplace (eAuctions), and the pages and services herein, (collectively the "Service"), you agree to the following terms and conditions (“Terms and Conditions”).

The Harper Marketplace (eAuctions) gives Andrew Harper members the opportunity to purchase luxury travel experiences at impressive savings. Participants must be current members of Andrew Harper to bid. If you are not yet a member, please click here to join or call our membership office at (800)235-9622, prior to bidding.

Please refer to the retail value of the auction, the minimum bid, and the high bid before submitting a bid. New bids must exceed the minimum bid or high bid, whichever is higher, by at least $10 to qualify. All bids must be must be placed on-line on the Harper Marketplace website. Outside e-mails and phone bids cannot be accepted. Members may submit one bid or multiple bids during the auction. Each bid is recorded at the time it is received. Members may also opt to place an “Automatic Bid” that will increase by $10 increments until it is the high bid or the maximum value has been reached. If the bid is no longer the highest bid an “Outbid” notification will be sent via e-mail. Bids may be placed up until the close of an auction. The auction will close each Tuesday, 4:00 PM Central Time or five minutes after the last bid is received, whichever is later. A valid credit card (Visa/MC/American Express) will be required to bid and to fulfill the winning obligation. Placing a bid constitutes a binding agreement to purchase the package should it be the high bid. Winners will be contacted by e-mail or telephone within 24 hours of the close of the auction. If complications arise from the credit card transaction and the winner cannot be reached within 24 hours of the close of the auction, the auction item will be forfeited to the next qualified bidder.Andrew Harper reserves the right, at its sole discretion, to discontinue an auction or end an auction earlier or later than posted.

Auction winners will be sent an e-mail confirming their online purchase. A $25 auction handling fee will be applied to the final purchase. All Harper Marketplace reservations must be made and coordinated through Andrew Harper Travel. Tel: (800)375-4685 or (630)734-4610. Our Harper-trained travel specialists will be delighted to assist you with all your travel requirements. Once travel dates have been confirmed, travel vouchers will be sent directly. Date restrictions and booking conditions may apply. Auction prizes may not be substituted for existing reservations. Auction winners attempting to replace existing reservations may be declined by participating hotel or travel partner. Winning vouchers may be transferred to another party; however all Terms & Conditions, limitations and expirations apply. No employees/contractors for Andrew Harper, Inc. are allowed to compete for auction items or place bids for members in the Harper Marketplace.

Andrew Harper, Inc. cannot be held responsible or liable for outbid or winning e-mails that are blocked or delayed as a result of technical difficulties inside or outside the Andrew Harper network. Andrew Harper, Inc. cannot be held liable for service rendered by suppliers of transportation, accommodations and any other items associated with this auction purchase. All documentation and vouchers are subject to the terms and conditions placed upon them by each specific supplier. Andrew Harper, Inc. shall not be liable or responsible for any loss, injury or damage to person, property or otherwise in connections with any service due to acts of God, wars –declared or undeclared, terrorist acts, riots, acts of government, civil disturbances, strikes, thefts, epidemics, quarantines, diseases, monetary crisis, custom regulations, defaults, delays, cancelled flights or incidents beyond our control.

STORAGE/COOKIES

Copyright in any software that is made available for download from the Services (“Software”) belongs to the Company or its suppliers. Your use of the Software is governed by the terms of any license agreement that may accompany or be included with the Software. Do not install or use any Software unless you agree to such license agreement. The Services require the use of “cookies.” Cookies are small information files stored on your computer by your browser. The cookies we use enable us to identify you and provide you with a smooth, efficient and customized experience while using the Services. The information we store will only be used in accordance with our Terms of Use and Privacy Policy. You have the ability to decline cookies by modifying the settings in your browser. However, you must enable cookies to use the Services.

USAGE RULES

You agree not to use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the Services and then only for the purposes consistent with the Limited License and these Terms of Use. You agree not to, or to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Services; not to data mine the Services and not to in any way cause harm to or burden the Services. You agree that you will not post on or transmit through the Services any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via e-mail, without Company’s express prior written approval and, if then, solely in accordance with the terms and conditions imposed by Company with respect thereto. You further agree not to use the Services, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever. You agree not to use the Services in any way that abuses, defames, stalks, annoys, threatens or violates the rights of privacy, publicity, intellectual property or other legal rights of others (now or hereafter recognized) or to post, publish, distribute, disseminate or upload any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful matters, including, without limitation, information, topics, names or other material. You agree to provide true, accurate, current and complete information about yourself as prompted by any membership form, contribution form or registration form you complete as part of the process of registering for the Services. If any information provided by you is untrue, inaccurate, not current or incomplete, the Company reserves the right to terminate your membership and refuse any and all current or future use of the Services. Without limiting the forgoing, you agree not to: (a) attempt to impersonate another user or any other third party by selecting or using the name, address, credit card information, e-mail address or avatar of (or belonging to) another user or other person, or otherwise; (b) use a user name, address, credit card information, e-mail address or avatar belonging to any other person, for any reason whatsoever, without the prior express written authorization of such person; (c) use a user name, e-mail address or avatar in violation of the intellectual property rights of any person or entity; (d) use a false “header” – the legend attached to e-mail messages to show the message’s point of origin, route and destination – or otherwise falsely configuring e-mail; (e) use a user name, e-mail address, header or avatar that Company, in its sole discretion, deems inappropriate; (f) disseminate multiple unsolicited copies of e-mail through the Services; (g) upload files that contain software or other material protected by intellectual property laws, rights of publicity or privacy, except if you own or control such rights or have received all necessary consents, permissions, licenses, approvals; (h) upload files that you know or have reason to believe may contain viruses, corrupted files, or any other similar software or program that may result in damage to the operation of Company’s the Services or servers or to another’s computer; (i) advertise, offer to sell or buy any goods or services for any business purpose, except as part of any classified advertising services provided by the Company as part of the Services; (j) conduct or forward surveys, contests, pyramid schemes or chain letters; (k) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (l) restrict, inhibit, harass or attempt to prevent any other user from using and enjoying the Services; (m) disclose personal information and/or collect information about others (especially personal information or information likely to lead to personal identification of another), including e-mail addresses, without their prior consent; (n) violate any applicable domestic or international laws or regulations; or (o) transfer your membership in, or the Services provided by, the Company to third-parties for the purpose of reselling such membership without the prior written consent of an authorized official of the Company.

Always use caution and common sense when using the Services, especially when giving out any personally identifying information about yourself or with respect to financial information or transactions. Company does not control or endorse the content, messages or information found in user submitted portions of the Services or external locations and, therefore, Company specifically disclaims any responsibility with regard thereto.

ADDITIONS AND CHANGES

You agree to review this Agreement on a regular basis to be aware of Changes (as defined herein) and any notices we may send to you. Company has the right, at any time, to: (a) add, change or discontinue any aspect or feature of the Services, including, but not limited to, content, availability and equipment needed for access or use; (b) impose, change or modify its terms and conditions applicable to your use of the Services, or any part thereof; and/or (c) impose, change or modify the terms and conditions of this Agreement (“Changes”). Such Changes shall be effective immediately upon notice by posting the Changes on the Company’s website or by any other method of notice the Company deems appropriate. Any use of the Services by you after notice of the Changes, constitutes acceptance by you of such Changes.

EXTERNAL LOCATIONS/LINKING

The Services may contain links to external locations (e.g., other web sites, etc.) and the ability to access external portions of the Internet or otherwise. You agree that Company is not responsible for the availability of these external locations, the content, including, without limitation, solicitations thereon or products or services made available thereby. You acknowledge that some external locations may contain materials or communications which are unedited, untrue, illegal in some jurisdictions and may be offensive. You agree to access external locations at your own risk and not to permit minors to have access in inappropriate material. You agree that Company shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location and you hereby irrevocably waive any and all claims related thereto against Company. Any concerns regarding any external location should be directed to its respective site administrator, systems operator or webmaster.

E-MAIL UPDATES

The Company may provide news email service or other prompts to new content available on the Services. Your use of such content received through the email news service will be subject to these Terms of Use.

DISCLAIMER

You acknowledge and agree that content you are provided in hard-copy format, or content that you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by the Company or submitted to the Company, including any content appearing for the Services. You further acknowledge and agree that the views expressed on the Service do not necessarily reflect the views of the Company, and the Company does not support or endorse content (including any content submitted by third parties, whether or not edited by the Company or its designee or presented on the Services edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User. The information available as part of the Services is provided for purposes of entertainment only and reflects the personal opinion of the writers of such information. The Company has no responsibility for the accuracy of any statements reflected in any of the Services provided hereby. To the best of the Company’s knowledge, the description and/or information contained herein concerning the Services is accurate and up-to-date at the time of being delivered to you or otherwise posted on the Site; provided, however, that any such description and/or information contained herein concerning the Services is only a snap-shot in time, and reflects to personal opinion of the writer at such point in time. The description and/or information contained herein concerning the Services are not guaranteed and do not constitute a guarantee that you will share identical or substantially similar experiences with respect to the conditions or qualities of the Services recommended herein.

Part of the Services may contain advertising, including classified advertising, and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Services is accurate and complies with international and national law. The Company will not be responsible for any error or inaccuracy in advertising material.

The content of the site may not be complete or up-to-date and should not be used to replace any other statements or notices provided by us. Information obtained by using this site is not exhaustive and does not necessarily cover all relevant issues.

FOR YOUR INFORMATION

USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR ACCURACY. WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information on this site is current only as of the date it is posted.

LIMITATION ON LIABILITY

ANDREW HARPER, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND LAWYERS (COLLECTIVELY, HEREAFTER IN THIS PARAGRAPH, “ANDREW HARPER”) WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ANDREW HARPER TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION) EXCEED THE GREATER OF $300 OR THE AMOUNT YOU HAVE PAID TO ANDREW HARPER DURING THE PREVIOUS 12 MONTH PERIOD.

You will indemnify and hold Andrew Harper, its parents, subsidiaries, affiliates, licensors, licensees, customers, content providers, service providers, employees, agents, officers, directors, contractors and lawyers (“Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of content from the site other than as expressly authorized by us in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use. You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection herewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by any third parties arising out of your use of this site.

SECURITY AND PRIVACY

Any passwords used for registration on this site are for individual use only. You may not share your password with anyone, except other Limited Licensees. You are solely responsible for the security of your password and any use of the Services by anyone else with whom you share your password. We may monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we may require it to be changed or we may end your account.

If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate all suspected violations of these Terms of Use.

We reserve the right to fully cooperate with any law enforcement authorities or court order requesting disclosure of the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ANDREW HARPER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANDREW HARPER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ANDREW HARPER OR LAW ENFORCEMENT AUTHORITIES.

You hereby certify that you are at least 13 years old. The Services are intended for people who are at least 13 years old. If you are under 13, please do not use the Services. We do not knowingly collect any personally identifiable information from any person under 13 years old.

GOVERNING LAW

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Texas, notwithstanding any conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and us. The parties to these Terms of Use each agree that, subject to the arbitration requirement, the exclusive venue for any dispute between the parties arising out of or relating to Company or these Terms of Use will be in the state and federal courts in Austin, Texas; provided that Company may elect to bring an action against you in any applicable jurisdiction if you fail to submit to jurisdiction and venue in Austin, Texas or to enforce any award or order. You agree that any suit, action or proceeding arising out of or relating to this Agreement or any of the transactions contemplated herein or related to the Services (including without limitation, statutory, equitable or tort claims) shall be resolved solely by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association (“AAA”); provided, however, that notwithstanding the parties’ decision to resolve any and all disputes arising under this Agreement through arbitration, Company may seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions hereof or the decision of the arbitrator. The arbitration shall be held in Austin, Texas. The arbitrator shall apply the substantive laws of the State of Texas, shall issue a written decision, and shall have the power to award any legal remedies except for punitive damages. The parties will split the arbitrator’s fee. You irrevocably waive any rights to bring or participate in any class action related in any way hereto.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. These Terms of Use constitute the entire agreement relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they apply. We may revise these Terms of Use at any time.