Terms & Conditions

This Agreement contains all of the terms and conditions between Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association and you, the “User”, and governs the use of the Service offered at the districtavantages.com website.  Please read this Agreement before using the Website whether or not you register with districtavantages.com.  If you wish to register and make use of the Service, then please read this Agreement. By using the districtavantages.com website, all Users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein

1. ACCEPTANCE OF TERMS & CONDITIONS AGREEMENT.  This Agreement is an electronic contract that sets out the legally binding terms of your use of the districtavantages.com website. This Agreement may be modified by Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association from time to time, such modifications to be effective upon posting by Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association on the Website. This Agreement includes the Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association Privacy Policy available on the Website. In addition, by accessing the Website, or becoming a registered User, you consent to having this Agreement provided to you in electronic form.

2. DISTRICTADVANTAGES.COM IS A VENUE. The Website is a communications platform for enabling connections between customers and businesses seeking the discounts at our merchants advertising on the Website.  We do not assume any responsibility for the accuracy or reliability of any information provided by customers or merchants on the Website and does not assume and expressly disclaims any liability that may result from the use of this information. 

3. ELIGIBILITY.  By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our Services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our products and Services are not intended to be used by minors who are legally unable to enter binding agreements based on the age of majority in the jurisdiction in which they reside or by anyone who may not legally contract with us.  By signing up, Users represent that they are of the age of majority in the jurisdiction in which they reside and are otherwise legally capable of entering into binding contracts.  We hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Users of this Website. Users do hereby represent, understand and agree to hold Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association harmless for any misstatements and/or misrepresentations made by any Users of this Website.  Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Website.  Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association reserve the right to immediately terminate the subscription of any person or entity that enrolls (by any means) in a subscription without legal authority or ability to do so.

4. RELEASE. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes in relation to the use of this Website. By using this Website, you do hereby represent, understand, and expressly agree to hold Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association for any claim or controversy that may arise from any disputes between you and any other User(s) of the Website. 

5. SUBSCRIPTIONS, VOUCHERS, AND PAYMENT

A. Subscriptions (Membership)

The districtadvantages.com website offers access to vouchers that can be redeemed at participating merchants for discounts.  Access to these vouchers is controlled by subscription.  Each subscription is valid for a twelve (12) month period starting on the date of purchase.  Subscriptions may be automatically renewed for each subsequent twelve (12) month period or billed annually.  The User makes this choice at the time of payment.  We reserve the right the change the price of a subscription.  In that case, the User will be notified before the renewal date.

B. Vouchers

Vouchers can only be redeemed by use of a smart phone at the time of use.  Users will receive a text message with a pin code that must be entered on the redemption page in order to validate the voucher.  Vouchers are good for use, once each ninety (90) day period (4 times per year), for each merchant from the date of the subscription.  Vouchers cannot be combined with any other offers and are good for up to 4 people (restaurants only).  See Rules of Use on the Website for more information.

C. Payment

Payments must be made by debit or credit cards.  No other form of payment is accepted.  You may cancel your subscription at any time, and you will continue to have access to the Service through the end of your paid-for subscription period. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTIONS. 

6. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.

7. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your use and/or registration for use of the Website. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association are not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Website.

Opinions, advice, statements, offers, or other information or content made available on the Website but not directly by Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association are those of their respective authors. Such authors are solely responsible for such content. 

8. NON-SOLICITATION. The Website and related Services may not be used by any person to recruit for another Website, solicit, advertise, or contact Users in any form. 

9. PRIVACY. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association will only use the information you provide on the Website with our Privacy Policy. By using the Website, you do hereby represent, understand and agree that you have reviewed and agree to the terms of our Privacy Policy. For more information, see our full Privacy Policy on the Website.

10. LINKS TO EXTERNAL SITES. Links from the Website to external sites (including external sites that are framed by Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association or inclusion of advertisements do not constitute an endorsement by Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association of such sites or the content, products, advertising and other materials presented on such sites or of the products and Services that are the subject of such advertisements, but are for Users’ reference and convenience. Users access them at their own risk. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other sites. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association do not control such sites, and are not responsible for their content.

11. COOKIES. The Website uses cookies.  Cookies are small data files that are served by a platform and stored on your device in order to optimize user experience. By visiting our Website, you do hereby represent, understand and agree to this policy. 

12. COPPA COMPLIANCE.  The districtadvantages.com website is not intended to be used by minors who are legally unable to enter binding agreements based on the age of majority in the jurisdiction in which they reside or by anyone who may not legally contract with Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association.  By signing up, Users represent that they are of the age of majority in the jurisdiction in which they reside and are otherwise legally capable of entering into binding contracts. 

13. PROHIBITED USE. The Website is for the personal use of individual Users only. Use of the Website is with the permission of Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association reserves the right to terminate your use of this Website, at its sole discretion at any time, in order to protect the integrity of the Website.

14. LIMITED LICENSE. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association grants Users a nonexclusive, revocable right to use the Website provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Website in any manner or form, or (iii) violate any term in this Agreement.  In addition, you must not, without Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association’s written permission: (a) translate the Website into other languages (or attempt to do so); (b) use or copy any material from the Website, including, but not limited to, onto other Websites or in other applications; or (c) frame any of the Website onto your own or another person’s Website or application.

15. SMS TEXT MESSAGES. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association use SMS text messages. Users will receive SMS text message notifications on their cellular phones and/or mobile devices. By deciding to use our Website, you give Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association express permission to send SMS text messages your cellular phone and/or mobile device. Although Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association do not charge for this Service, carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text message from the districtadvantages.com website.

16. NO WARRANTY. The information and materials contained in this Website including text, graphics, information, links or other items are provided “as is”, “as available”. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.  NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

17. LIMITATION ON LIABILITY. Under no circumstances will Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association’s agents and employees, officers, directors, corporate partners, or participants be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website, any information received from the Website, any email distributed to any User or any linked Website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association or representatives thereof, are advised of the possibility of such damages, losses or expenses. Users release Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association and the Downtown merchants Association, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes. This limitation on liability hereby expressly absolves Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association from any and all liability relating to disputes between Users and merchants relating to the validity or acceptance of vouchers.

Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website, and/or in connection with the Service. Under no circumstances will Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting in any way from anyone’s use of the Website, or the Service, any content posted on the Website, or transmitted to Users, or any interactions between Users of the Website whether online or offline. The Website and the Service are provided “AS-IS” and Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY KIND WHATSOEVER. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

18. INDEMNIFICATION. By agreeing to the terms of this Agreement, Users of the Website agree to indemnify, defend and hold harmless Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association, its directors, officers, employees, agents, investors, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as “Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association” from and against any and all claims, loss, expense or demand of liability, including attorneys’ fees and costs incurred by Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association and affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Website, or (ii) use of the Website by you in violation of these Terms & Conditions or in violation of any law. Users further agree that they will cooperate as reasonably required in the defense of such claims. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association and affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association. Users further agree to hold harmless Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association its affiliates, as well as, if applicable, the User’s employer or anyone who pays for the Service on the User’s behalf, from any claim arising from a third party’s use of information or materials of any kind that Users transmit through or post to the Website.  At your option and on your own volition, you may request to see if your company is on the list of employers that subscribe to the Service on behalf of their employees by submitting an inquiry the Contact Page.

19. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website contacting Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association at the address below and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

Your name, address, telephone number and (if available) e-mail address.

A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

Send to:

Bi-Continent Partners, Inc. 

116 Chesapeake Avenue

Tampa, FL 33606

Phone: 813-380-9009

In an effort to protect the rights of copyright owners, Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association maintain a policy for the termination, in appropriate circumstances, of Users of this Website who are repeat infringers.

20. NOTICE OF TRADEMARK RIGHTS. The Service marks and trademarks of Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association’s logos are Service marks owned by Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association. Any other trademarks, Service marks, logos and/or trade names appearing on the Website are the property of their respective owners. Users acknowledge the rights of Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner.

21. JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. 

23. MISCELLANEOUS. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

24. THIRD PARTY AGREEMENTS. You must comply with any applicable third-party terms of agreement when using the Website.

25. SEVERABILITY. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms & Conditions herein shall survive, remain in full force and effect and continue to be binding and enforceable.

26. ASSIGNMENT. You shall not, without Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association’s written permission, assign or transfer or purport to assign or transfer this Agreement between you and us to any other person or entity. Any assignment of this Agreement made by you without Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association’s written permission shall be automatically void in every respect. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association, in its sole discretion, is hereby authorized to assign its rights and obligations under these Terms & Conditions (and any policies incorporated herein), in whole or in part, to any person or entity, at any time and without the consent of you as a User.

27. CHANGES AND TERMINATION. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association reserves the right to make changes to these Terms and Conditions at any time and for any reason. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association WILL NOTIFY YOU BY EMAIL OF ANY MATERIAL CHANGES TO THESE TERMS & CONDITIONS AND YOUR USE OF THE WEBSITE AND/OR THE SERVICE AFTER SUCH CHANGES TAKE EFFECT WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association also reserve the right to make changes to the Website and/or Service at any time and for any reason and your continued use of the Website and/or Service after such changes take effect will constitute your acceptance of such changes. Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association may also wish to stop providing the Website and may terminate its use at any time without giving notice of termination to you. Unless Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association informs you otherwise, upon any termination of the Website: (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the third-party Website and (if needed) delete it from your device.

28. CONTACT INFORMATION. If you have any questions or need further information as to the Website or Service provided by Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association or need to notify Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association as to any matters relating to the Website or Service (including any problems you may be experiencing), please contact Bi-Continent Partners, Inc. and the Downtown Clearwater Merchants Association at:

Bi-Continent Partners, Inc. 

116 Chesapeake Avenue

Tampa, FL 33606

info@bicontinentpartners.com

Phone: 813-380-9009

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