Invest Once,
Indulge Forever
Invest Once, Indulge Forever
Invest Once,
Indulge Forever
Last updated: 15 October 2026
AGREEMENT TO TERMS AND CONDITIONS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Five Diamond Club, LLC (“we,” “us” or “our”), concerning your access to and use of the fivediamondclub.com and members.fivediamondclub.com websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms and Conditions;
(4) you are not under the age of 18;
(5) not a minor in the jurisdiction in which you reside
(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose;
(8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
use a buying agent or purchasing agent to make purchases on the Site.
use the Site to advertise or offer to sell goods and services.
circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
engage in unauthorized framing of or linking to the Site.
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of our support services or submit false reports of abuse or misconduct.
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
attempt to impersonate another user or person or use the username of another user.
sell or otherwise transfer your profile.
use any information obtained from the Site in order to harass, abuse, or harm another person.
use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
delete the copyright or other proprietary rights notice from any Content.
copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
use the Site in a manner inconsistent with any applicable laws or regulations.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements;
(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms and Conditions;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy on our website. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States.
If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to us at admin@fivediamondclub.com using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
(3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Five Diamond Club, LLC
Attn: Copyright Agent
2451 W. Grapevine Mills Circle, Suite 600
Grapevine, TX, USA 76051
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Tarrant County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose.
Option 2: Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website, www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Tarrant County, Texas.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Tarrant County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Option 3: Binding Arbitration
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website, www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Tarrant County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Tarrant County, Texas, and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than 1 year after the cause of action arose.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Option 2/Option 3: Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Option 2/Option 3: Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. Pricing displayed in other currencies that are not USD may not be current and subject to change. Translations may not be accurate. The official language of the website is English.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
PAYMENTS AND SERVICE FEES
All payments to Five Diamond Club LLC are non-refundable, as the services, benefits, rewards, and privileges are activated immediately and rendered and that generates an operating cost to our company. Recurring weekly, monthly, annual, or any other type of recurring payments must be paid by the deadline and may be charged on the credit or debit card on file up to three months before the annual deadline or up to thirty days before the monthly payment is due. The company has the right to charge the card(s) on file for any past due balances and fees, along with the regular service fees. If a card on file is to expire on or before any deadline, the company may reach out to the member or client via email to get updated card information and/or requesting to update the payment method in the member portal, however if no favorable response is made within 24 hours of such request, Five Diamond Club reserves the right to charge the anticipated amount that will be due, in an effort to avoid the card being expired or invalid until the deadline and to avoid interruption of services or to be inactivated, as all subscriptions and memberships are considered lifetime.
ADDITIONAL MEMBERSHIPS WITH PRIVATE LABEL OR CO-BRANDED PARTNERS
If a member joined Five Diamond Club directly before receiving a membership from a co-branded or private label business partner, the member must remain as an active member and in good standing with Five Diamond Club, in order to receive the additional membership from the private label or co-branded business partner. At the discretion of Five Diamond Club’s administration, Five Diamond Club may decide to upgrade the current member, if the membership he or she is receiving through the private label or co-branded partner offers the same or less benefits than what the current membership has directly with Five Diamond Club. All membership signup fee and monthly/annual service fees are non-refundable. Five Diamond Club reserves the right to terminate either and/or all memberships if there is a dispute or claim, as well as ban any member and/or family member, household member, or business from rejoining at the discretion of Five Diamond Club’s administration.
REFUND POLICY, CANCELLATION POLICY, FEES DISCLOSURE AND DISPUTE RESPONSIBILITIES
All fees are non-refundable and due on the date specified within your billing cycle or the date of the transaction. If a subscriber or member wants to cancel, he or she must provide written notice via emailing us to admin@fivediamondclub.com at least sixty days prior to the cancellation date, and the subscriber or member is still responsible for the payments due within the sixty-day period. The subscription or membership may remain active, at the discretion of Five Diamond Club LLC, until the cancellation is fully processed. Please note that Five Diamond Club LLC does not send out reminders of when payments are due, however all annual service fees are due every year on the same day that you joined for annual payments, and for monthly payments they are due every month on or before the same day every month with no reminders. In all cases, the payments are done automatically per your authorization on an ongoing basis to the method(s) of payment you stored in your membership account. If a payment method is invalid or has insufficient funds, it is the responsibility of the member to immediately update the payment method on or before the due dates.
Payments are due by 23:59 CT every month on or before the same number day that you subscribed and are charged automatically to the card you submitted through automatic recurring payments with no advance notice or for those paying annually on the same month and day every year. When paying at the end of the month, the payments are due between the 27th and 31st of each month and may vary each month. For example, if you signed up on January 31st your next payment may be charged between February 27th and March 1st.
Late fees of at least $150 USD, or 10% of the service fee, whichever amount is higher, will be applied on the date after a payment is due. For every day late from your payment due date, there will be an additional late fee of at least $50 USD or 10% of the service fee, whichever amount is higher.
Non-sufficient Funds fees of at least $50 USD or 10% of the transaction amount, whichever amount is higher, per transaction or occurrence declined, returned check, or payment will be applied.
Re-activation fees of at least $500 USD, or 10% of the signup fee and/or membership/subscription/program current value, whichever amount is higher, will be applied to any suspended subscription, program or membership for each occurrence.
Dispute or Claim one-time fee of at least $300 USD plus at least $100 USD per day, or 10% of the transaction amount, whichever amount is higher, until case is resolved, if one is made, whether it is by error or not, these fees will apply. These fees are in addition to balances due, service fees, late fees, collections fees, legal fees, or any other applicable fees. It is the responsibility of the member/subscriber of Five Diamond Club LLC to cover the amounts in question of the transaction and the above-mentioned dispute fee immediately when the person that did the transaction is not a member/subscriber of Five Diamond Club LLC, such as but not limited to third-party person or persons receiving complimentary vacation vouchers (excluding taxes and fees) from Five Diamond Club LLC members/subscribers. It is the ultimate responsibility of the member/subscriber and the client to settle amicably any and all situations. All transactions are made online by the end-user and it is the responsibility of the end-user to input any discount codes prior to making payment, if applicable. If a person pays without using a discount code, then it is the responsibility of the end-user to pay the full retail amount of the services he or she is purchasing. If there are any duplicate or multiple transactions, it is also the responsibility of the end-user to pay for the services. If there are any disputes, again, it is the responsibility of the member/subscriber to pay all charges immediately to Five Diamond Club LLC. If there is a payment method on-file with Five Diamond Club LLC, we have the right to apply these charges to method of payment on file. Although Five Diamond Club LLC does not offer refunds, we can offer at the discretion of our senior executive administration team an in-store credit for a partial or full refund that may be used towards select services, subscriptions or memberships. If a dispute is not resolved amicably, Five Diamond Club LLC has the right to terminate the subscription/membership and all issued complimentary vacations immediately without prior notice and no refunds.
Early-cancelation fee of the full amount of the activation fee will be applied to all subscriptions or memberships that are on a monthly payment plan or being financed by Five Diamond Club LLC.
To avoid additional fees, subscribers and members are encouraged to maintain their payment information updated in their subscriber/member portal and/or through the payment option they selected, including but not limited to, Stripe or PayPal and/or to maintain the updated payment membership through contacting our administration.
By accepting the terms and conditions, all fees and conditions are accepted and certify that no disputes or claims will be made, as all are non-refundable fees.
Affiliate Partners, Executive Partners, Travel Partners, VIP Luxury Unlimited Vacations Presidential Partners, Lifetime Affiliate Partners, Committed Affiliate/Referral Partners and Free Referral/Affiliate Partners, Independent Marketing, Brand Ambassadors, Influencers and Sales Representatives, Independent Contractors, Subscribers and Members receiving referral fees and/or rewards are at the discretion of Five Diamond Club LLC and subject to change at any time. In any case to be able to receive referral fees or referral rewards established here the affiliate partner, lifetime partner, subscriber or member must be active (with a paid subscription and current in all payments), in good standing (have never been delinquent in payments, has always been punctual in payments), and committed (complying with the minimum quota of new subscriber referrals established in order to receive their referral fees as well as their discounts given for their subscription or will forfeit their discount and referral fees). For private labels or personal webpages, the new subscriber referrals must have subscribed with the subscriptions offered within the personalized webpage. Those subscriber referrals that subscribe with other type of subscriptions not offered within the personalized webpage are not eligible for referral fees.
REFERRAL FEES OR REWARDS
Five Diamond Club LLC may change or end the referral fees or referral rewards program at any time. Independent affiliate partners that have made an agreement with a third-party company or reseller must be paid or rewarded through that company. For direct independent affiliate partners of Five Diamond Club LLC the percentages of the referral fees or the referral rewards are subject to chargeback if the subscriber or member gets issued a refund or files a dispute whether while the claim is processed. If the financial institution favors Five Diamond Club LLC, then the charged-back amount will be reissued to the independent affiliate partner, pioneer, multiplicity infinitafecta member, travel partner, or to any subscriber, member, partner, or program holder, minus any fees or costs imposed by the financial institution and/or our merchant account institution and all operating costs involved with the case.
For an outline of our referral fees, and terms and conditions for receiving referral fees please consult with the senior executive administration.
To be eligible to redeem a loyalty signature reward, you must meet all of the following requirements:
Another way to earn loyalty signature rewards is to meet at least one of the following eligible options:
LOYALTY SIGNATURE REWARDS
All of the different loyalty signature rewards types below are for the purpose of thanking you for your loyalty as a member of Five Diamond Club and are subject each to the terms and conditions within each link. All loyalty signature rewards are provided by third-party vendors. These are not benefits of your Five Diamond Club membership. These complimentary loyalty signature rewards their corresponding exclude taxes and fees. Only subscribers and members of Five Diamond Club may redeem a maximum of one loyalty signature reward per month, and it must be of a different type each time. There are many loyalty signature rewards types below. Each loyalty signature reward type may only be repeated and redeemed again, every 24 months. It is your responsibility as the member to abide by all the terms and conditions, as well as the regulations. Suspected fraudulent use, misuse, or abuse may be cause for immediate termination of your subscription or membership with no refund, as well as for immediate cancellation of the loyalty signature reward with no for the subscriber or member of Five Diamond Club that is eligible to receive such loyalty signature rewards, and may not be shared with others to use on their own.
MISCELLANEOUS
For resellers of Five Diamond Club subscriptions and members, the reseller is responsible for paying the subscription or membership to Five Diamond Club LLC at least 30 days prior to the expiration date ahead of time. Whether or not their client chooses to renew, the reseller is responsible for payment if a written notification of at least 60 days prior to the due date has not been submitted to Five Diamond Club LLC administration via email to admin@fivediamondclub.com Five Diamond Club LLC reserves the right to transfer a subscription or membership to another user of the reseller, however no refunds will be made with no exceptions. It is the resellers responsibility to communicate all terms and conditions to their clients and direct them to this webpage.
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
BEST-RATE GUARANTEE BY THIRD-PARTY VENDOR (MEMBERDEALS):
Hotel-Specific Terms & Conditions; Best Rate Guarantee.
We use a variety of hotel Suppliers in our effort to source the best accommodations, prices and availability of hotel reservations. Our hotel rates are only available through our Website and Customer Service, and cannot be obtained by calling the hotel directly. We can offer special hotel rates in many cases because our program is a private, member-based program. As such, all hotel reservations made through us, including Exclusive and Special Rates, may not be used to challenge a hotel’s Best Rate Guarantee, and are excluded from any such claims.
Member Deals offers a Best Rate Guarantee based on a Qualifying Rate, described below.
A “Qualifying Rate” (a) applies only to hotel room rates available on public websites for businesses based in the United States, (b) does not include any guest fees, service fees, resort fees, taxes, surcharges, tariffs or other hotel-related charges, and (c) applies only to in-kind hotel bookings (i.e., for the same hotel, same room type, same travel date(s), same room type, same rate type, and for the same number of guests). Member Deals’s “Qualifying Rate” does not apply (a) to rates when they are combined as a package which includes other products or services, (b) to any rates that are offered due to errors or mistakes, (c) to any corporate discounts, reward programs, convention rates, meeting rates, interline rates or hotel promotions, nor (d) to rates offered where the property, company, itinerary or similar booking details are opaque or unknown until after the purchase, or where rates are determined by any sort of auction or bidding.
In the event a booking is subject to Member Deals’s Best Rate Guarantee and you find a rate that is less than the hotel room rate charged by Member Deals, Member Deals will refund you the difference between the amount paid on Member Deals and the lower rate available elsewhere; provided, however, that the maximum refund shall not exceed $150.00; and further provided that in the case that the maximum refund exceeds the original purchase rate, the original purchase rate will be refunded. Should you find a lower available rate that is covered under Member Deals’s Best Rate Guarantee, you must notify Member Deals within 24 hours after your booking with us. Your notification must be in the form of an email and sent to customerservice@memberdeals.com. Your claim request must include the confirmation number, hotel name, travel check-in date and travel check-out date, number of rooms, number of guests, and the hotel website URL in which you are claiming to have a better rate. Please confirm the URL is correct and active. An active link must prove availability of all claims. Claims will not be evaluated or processed if only screenshots are provided. All requests and required documentation are subject to verification by Member Deals.
Each customer shall be limited to three Best Rate Guarantee claims per month, regardless of the number of accounts used by the customer.
PRICE-MATCH GUARANTEE
In the event a prospective client or member is considering membership in another travel company, we may price-match and improve the price by 10 percent, in an effort to keep the client as a loyal member, offering comparable services and membership benefits. This policy may be changed at any time and is at the discretion of the senior executive administration on a case-by-case basis.
Some of our third-party vendors may or may not offer a price match guarantee, and those guarantees, if any, must be reviewed within the corresponding sites.
Five Diamond Club LLC may offer a price match guarantee of 110% to members with select subscription or membership levels for some reservations, at the discretion of our senior executive administration team. In the event, that a member has already paid for a reservation through their Five Diamond Club membership, and they find a reservation on another public travel site for the same reservation and travel dates, same amount of people, same type of room or cabin, same anticipation time, same conditions, and same offerings, the client may take a screenshot or print-out as well as the valid URL web address linking to the same reservation type and send it to customercare@fivediamondclub.com the same day or within 24 hours to verify, and if approved by the senior executive administration team, an in-store credit may be awarded with the price difference and even improving it for up to ten percent. The in-store credit may be applied to select membership upgrades or services as will be determined on a case-by-case basis by the senior executive administration team. The price match guarantee may not be combined with other discounts, signature rewards or offers. The price match guarantee policy may be at ended or modified at the discretion of the administration at any time with or without prior notice.
SIGNATURE LOYALTY REWARDS
All members paying recurring monthly or annual service fees with a Silver or higher-level subscription or membership are eligible for the signature rewards program.
Every time you complete a reservation through your Five Diamond Club member portal, share your testimony with Five Diamond Club by emailing it along with your travel photographs for us to share, you post it on all your social media platforms tagging us and hash-tagging us, and you share it on various platforms as designated by the administration, we will give you a signature reward. You will be able to choose among select signature reviews at the discretion of our administration.
Additionally, in the unlikely event that your completed reservation through your Five Diamond Club member portal was at a higher price than a competitor’s, and you provide us with the evidence, you can either take advantage of our Price Match Guarantee policy or receive one of the select signature rewards.
The signature rewards program may end or be modified at the discretion of the administration at any time with or without prior notice.
FREE TRIALS
On all free trials, the subscriber is responsible for automatic recurring payments after the free trial period is over and with continuing the subscription that they joined with. The subscriber may opt to cancel within the subscriber portal or by emailing admin@fivediamondclub.com at least five business days prior to the date the free trial is over with no penalty. If the subscriber does not cancel, then the subscriber will remain as active subscriber of the corresponding level membership or subscription and will be responsible for all recurring payments. During the free trial certain benefits or incentives may or may not be activated.
Free Trials are only valid for new subscribers or members, that are not currently in our system and have not ever been in our system. The system will not allow for a free trial for any person or business who is already in our system or has been in our system with any subscription or membership level or that has redeemed a complimentary vacation through our system already. The subscriber or member would be responsible for payment immediately and not eligible for any refunds.
The First-Class monthly subscription, the premiere annual subscription, the pasaporte annual subscription, and the Five Diamond Club World are the only subscriptions that offer a Free Trial.
COMPLIMENTARY VACATIONS AND INCENTIVES
We want you to have the best experience possible, so we have carefully selected a list of exotic dream vacation destinations for you to choose from. Destinations are subject to change.
Only one complimentary vacation, an up to $2,285 USD value (excluding taxes and fees) per household per year may be redeemed. Transportation, meals, beverages and incidentals are not included. Additional fees or taxes may be required to be paid at the hotel or resort. Accommodations are for two people only, one person must be at least 21 years of age or older and must have a credit card in his or her name at the time of check-in. All inventory is subject to availability.
You will have up to 30 days to redeem your vacation certificate and then 7 days to pay the taxes and fees, currently ranging from approximately $125 to $449 USD with the majority of the destinations being approximately $200 USD, subject to change at any time. You will then have up to 18 months to reserve your vacation. You will not be required to attend a timeshare presentation while on vacation. Terms and conditions may apply. Destinations are subject to change without prior notice.
We are glad you are wanting to go on your vacation!
No Timeshare Presentation Required!
All hotel or resort stays are primarily at 3 to 5 star properties for two people. At least one person must be age 21 or older and must have a major credit card, some hotels may make an exception and accept a debit card. Some hotels may make an exception and accept children under age 12 in the USA, for an additional fee, and others will not. You will be able to choose from the available hotels or resorts at the time of the reservation.
However, our Five Diamond Club lifestyle subscription does give you the type of flexibility you might be seeking, so you may subscribe if you do not find availability with the complimentary vacation. Your lifestyle subscription will give you access to exclusive pre-negotiated rates that are significantly lower than the high retail rates you will find elsewhere.
With the complimentary vacation program, we help hotels and resorts fill up their approximate 35% unsold rooms. Why do they give us this inventory? It is tax deductible, it helps pay the overhead, and it helps generate paying clients at their restaurants, bars, gift shops, tour desks, spa, golf clubs, casinos and other points of sale.
You are not required to attend a timeshare or vacation ownership sales presentation while you are on vacation, although they might invite you.
You will have a certain time period specified in the email you receive when redeeming your vacation certificate (please check inbox and spam/junk folder as it comes from a third-party vendor) to activate and pay for the nominal taxes and fees. The taxes and fees are subject to change. Once paid, you have up to 18 months to reserve and use your complimentary vacation. Please make sure you do not let it expire, as we do want you to enjoy your vacation!
Please note that hotels and resorts may require a credit card as a deposit for incidentals.
Please read terms and conditions within your complimentary vacation certificate and email for details, as well as in the reservation process on the third-party vendor site. Transportation is not included. Your address must be at least 100 miles or 160 kilometers away from the destination you chose, however Mexico residents may not redeem vacations within the country of Mexico. Some resorts or hotels may require some additional taxes or fees, such as a nominal resort fee.
If you reserve more than one complimentary vacation within a one-year time period your reservation may not be honored and will be non-refundable as well as reported for fraudulent use and Five Diamond Club LLC may decide to pursue prosecution. If you were given the complimentary vacation by a subscriber, it may affect the person’s subscription of who gave you this vacation voucher. Five Diamond Club LLC and its vendors will pursue legal action and prosecute anyone misusing or fraudulently attempting to use the complimentary vacation vouchers.
Photographs of destinations offered are illustrative only and may not represent the actual resort or hotel site you reserve.
We do hope that you consider a Lifestyle Subscription with Five Diamond Club, so that you can enjoy over 125 benefits and travel as many times as you’d like with our exclusive subscriber rates, many times just paying taxes and fees, like now! Click here to view our subscriptions, or you can schedule a private consultation by clicking here.
All other complimentary incentives (excluding taxes and fees), including these mentioned, are subject to change at any time and are subject to the terms and conditions within each voucher, certificate and webpage stated within each incentive type. All transactions are final and non-refundable.
COMPLIMENTARY LUXURY, ULTRA-LUXURY, AND ULTIMATE LUXURY VACATIONS
Members of the VIP Luxury, Ultra-Luxury, and Ultimate Luxury Unlimited Vacations memberships may redeem an unlimited amount of complimentary vacations of the luxury collection, and the partner members may issue to other persons vouchers as well. In all cases, these complimentary luxury collection vacations exclude taxes and fees, which are all non-refundable, including the non-refundable administrative service fee paid to Five Diamond Club LLC and other taxes and fees paid to third-party vendors. Once reservation requests are made, one of our company representatives will contact the traveler to confirm or offer alternate dates, alternate properties or alternate destinations, if the one requested is not available. Once a final confirmation has been awarded, the traveler can then make travel transportation arrangements. The traveler is responsible for complying with all the terms and conditions of Five Diamond Club LLC, the third-party vendors, and the resort properties policies. The traveler must be at least 21 years of age, must have a valid passport, and travel documents required by the immigration laws of the countries being visited to and from, as well as in transit. The traveler will be required by the resort property to have a credit card and a hold or deposit will be required for incidentals and room charges. All these complimentary vacations do not include transportation, meals, beverages, entertainment, housekeeping fees, and other taxes and fees that may be due at the resort.
COLLABORATIVE AFFILIATE PARTER AND INDEPENDENT MARKETING AND SALES REPRESENTATIVE AGREEMENT
This Collaborative Affiliate Agreement (“Agreement“) is by and between Five Diamond Club, LLC (“Club“), located at 2451 W. Grapevine Mills Circle,, Suite 600,, Grapevine,, Texas, USA 76051 AND the Independent Marketing and Sales Representative, Member and/or Affiliate Partner (“Affiliate(s)“), who is agreeing to the terms and conditions online by registering on the website; individually referred to as “Party” and collectively referred to as “Parties.”
Recitals
Whereas Club offers various travel related “Subscriptions and Memberships” that are pre–negotiated relationships with resorts, hotel chains, airlines, and travel businesses worldwide. Club does not charge a commission on this travel, so that Club can pass on the savings to its Subscribers and Members who are sold through affiliates; AND
Whereas Affiliate does business as the name who appears in the online account, membership or subscription in person and via the web, their employees, and customers; AND
Where Club wishes Affiliate to offer its Subscriptions/Memberships to prospective clients and customers and Affiliate desires to offer said Subscriptions/Memberships;
Now therefore, the Parties agree as to the following Terms:
schedule.
both Parties.
The Parties agree to the Terms of this Agreement and acknowledge consideration was exchanged sufficient to cause this Agreement.
Referral fees will be paid out via Zelle, unless otherwise agreed upon by the administration, on any given month only when the independent representative has met at least one of the following criteria:
a) is an active paid lifetime member of Five Diamond Club LLC.
b) has enrolled at least one new subscriber or member to Five Diamond Club LLC.
c) has met the minimum quota of bringing new business of at least $10,000 USD per month in residual revenue (only monthly service fees count toward residual revenue).
d) has met the minimum annual quota in the previous eleven months of brining new business of at least $120,000 USD of annual residual revenue (only annual service fees count toward residual revenue).
In order for referral fees to paid out, there must be a minimum of $1,000 USD for U. S. Zelle accounts or $1,000 USD for international accounts via wire transfer of approved banks by Five Diamond Club LLC or by any other method approved by the Chairman and CEO.
On memberships that have not been paid in full, that Five Diamond Club LLC has not received full payment and/or is being paid on monthly installments, Five Diamond Club LLC may choose to either pay out referral fees until the membership is paid in full or may make exceptions and pay out earlier. This will be determined on a case-by-case basis by the senior executive administration team. In any case, if the member does not fulfill the payment schedule determined, Five Diamond Club LLC may need to chargeback referral fees paid out to the member or affiliate partner referring the new member.
No exceptions will be made to the above rule for referral fee payouts. If none of the above requirements are met in a consecutive period of sixty days then the independent representative and/or independent affiliate partner he or she will forfeit any referral fees and may be terminated by Five Diamond Club LLC. If any breach of contract is done including disclosing confidential information from Five Diamond Club LLC termination will be immediate and will forfeit all referral fees.
PAYMENT ERRORS
Five Diamond Club LLC will always make every effort for the automatic recurring payments to be scheduled as agreed upon to fulfill all the services a subscriber or member joins for, however if there is ever a time where the card on file is charged by error, then Five Diamond Club LLC will provide the subscriber or member with an in-store credit towards qualifying purchases, services, monthly or annual service fees. Five Diamond Club LLC will not refund any money paid, as there are certain operating costs with every transaction. The subscriber or member agrees to not file a dispute or claim with his or her financial institution and accepts to receive the in-store credit with no further claims or disputes. Shall the subscriber or member file a claim or dispute, this would be a breach of contract and may be subject to penalties and immediate cancellation of the membership or subscription as well as any pending services or vacation redemptions including those of clients in the case of business programs.
This Agreement is by and between Five Diamond Club®, LLC (“Club“), located at 2451 W. Grapevine Mills Circle, Suite 600, Grapevine, Texas, USA 76051 AND the member, affiliate partner, pioneer, or representative, who is agreeing to the terms and conditions online at https://fivediamondclub.com/terms-and-conditions by registering on the website https://fivediamondclub.com; in which the member, affiliate partner, pioneer, or representative is individually referred to as “Party” and collectively when referring to Five Diamond Club LLC and member, affiliate partner, pioneer, or representative, referred to as “Parties.”
Whereas Club offers various travel and lifestyle-related “Memberships” that offer pre–negotiated rates with resorts, hotels, cruises, and other services around the world. Club does not charge a commission on this travel, so that Club can pass on the savings to its Members; AND
Whereas Party does is legally named as the name who appears in this agreement and online account, and membership in person and via the web, their employees, partners, customers, spouse, significant-other, family members, and relatives; AND
Where Club wishes to offer its memberships at the pricing displayed on the website to Party.
Now therefore, the Parties agree as to the following Terms:
The Parties agree to the Terms of this Agreement and acknowledge consideration was exchanged sufficient to cause this Agreement.
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
WHEREAS, Five Diamond Club LLC, with a principal address of 2451 W. Grapevine Mills Circle, Suite 600, Grapevine, TX 76051 (hereinafter referred to as “the disclosing party”) AND the member, affiliate partner, pioneer, or representative who, is the person and/or company registering online and agreeing to the terms and conditions while registering as a buyer, client, wholesaler, member, pioneer, and/or affiliate partner (hereinafter referred to as “the receiving party”) need to communicate, discuss and/or disclose business concepts and learn and share certain strategies, trade secrets, and technologies and other confidential information as described below, and,
WHEREAS, the disclosing party and the receiving party comprise the parties to this agreement and may be referred to herein as “the parties” or “the parties to the agreement”.
THEREFORE; THE PARTIES AGREE AS FOLLOWS:
Remedies. The Receiving Party agrees that use or disclosure of any Confidential Information in a manner inconsistent with this Agreement will give rise to irreparable injury for which: (a) money damages may not be a sufficient remedy for any breach of this Agreement by such party; (b) the other party may be entitled to specific performance and injunction and other equitable relief with respect to any such breach; (c) such remedies will not be the exclusive remedies for any such breach, but will be in addition to all other remedies available at law or in equity; and (d) Receiving party causing injury to the Disclosing Party, as a result of violating the rules of confidentiality, as defined herein, shall be entitled to remedies that could include and extend to damaged Disclosing Party receiving ownership or equity in the Receiving Party’s company.
FIVE DIAMOND CLUB / UNLIMITED VACATIONS
CLIENT TEXT/EMAIL MESSAGING CONSENT FORM
CLIENT ACKNOWLEDGEMENT AND AGREEMENT
By checking the box on the terms and conditions upon registration, you agree to receive text messages from Five Diamond Club and/or Unlimited Vacations, Reply STOP to Opt Out. Reply HELP for help. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
Your Registration is your electronic signature accepting all terms and conditions above and as amended. Date and time stamp recorded in our system.
Calls and texts messages and WhatsApp messages may be delivered from any of our phone numbers including, but not limited to, +1-682-286-1513, +1-888-825-9634, +1-202-903-0923, +1-817-883-1272, and +52-998-127-1513. Emails may be delivered from those email addresses ending in @fivediamondclub.com or @unlimited-vacations.com.
By checking this box you agree to receive recurring messages from Five Diamond Club LLC, Reply STOP to Opt out. Reply HELP for help. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All OPT-IN requests include text messaging originator opt-in data and consent; this information will not be shared with third parties.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Five Diamond Club, LLC
2451 W. Grapevine Mills Circle, Suite 600
Grapevine, TX, USA 76051
+1 (682) 286-1513