Membership Terms and Conditions

1. Who We Are

Mercury Society LLC, doing business as Mercury ("Mercury," "we," "us," "our"), is a travel and lifestyle concierge. At your request, we arrange travel and lifestyle services provided by third party suppliers. These Terms govern your membership, the Mercury app and website, and every service we arrange for you.

Our business address is 17602 17th St, Tustin, CA 92780. You can reach us by email at membership@mercurytheclub.com.

2. Membership and Eligibility

We admit members at our discretion. Membership is open to residents of the United States.

You must be at least 18 years old and able to enter into a binding contract, except for a child added to your account. Give accurate, current information about yourself and the people you travel with, and share another person's details only when you are entitled to do so.

Your membership is personal and may not be used to resell travel or any other service.

We may suspend or end your membership at any time in our discretion. If your membership ends for any reason, you remain responsible for all amounts you owe.

3. Membership Plans and Fees

Plans. The fee and payment terms shown to you when you join or change a paid plan are part of these Terms.

Changes. We may add, change or end plans, their services and their fees. Before a fee increase or other material change to your paid plan applies to you, we tell you of it and how to cancel, and we charge a new fee only after you accept it. If you do not accept a new fee, your plan ends at the end of the billing period you have already paid for.

Programs. Any program or promotion we offer has its own terms. Unless those terms say otherwise, program benefits have no cash value and cannot be transferred.

Other fees. We may charge a fee for some services, as set out in the Mercury Billing Terms or the quote.

4. Renewal and Cancellation

Renewal. Paid plans renew automatically at the end of each billing period until you cancel, and we charge the renewal fee you have accepted to your card on file.

How to cancel. You may cancel at any time in the same way you joined or by email to membership@mercurytheclub.com. We confirm each cancellation. Cancellation stops future renewals and takes effect at the end of the billing period you have already paid for. Fees already paid are not refunded, unless the plan terms provide otherwise.

5. People Who Act for You

You may authorize other people to use your account or to act for you, including to approve bookings and prices, within the access you give them.

You are responsible for the people you authorize and for what they do within their access, as if you had done it yourself. Until you remove someone's access, we may rely on their instructions within it.

6. The Service

Instructions. We may rely on any oral, written or electronic instructions from anyone reasonably appearing to be you or a person you have authorized.

Availability. Our service is subject to availability, and we do not guarantee any booking or any outcome beyond our control. We may decline any request at our discretion.

Recommendations. We make no representations or warranties regarding the suggestions or recommendations we give you.

7. How Bookings Work

Approval. You agree to pay the price of each booking you approve.

Booking terms. Some bookings are governed by the supplier's own terms and others by our terms. We tell you which terms apply at or before booking.

Errors. Tell us right away of any error in a booking.

8. Prices and Payment

The Billing Terms, which are part of these Terms, govern prices and payment for bookings and services.

9. Credit Card Authorization

You authorize charges to your card under the Billing Terms, which you accept each time you add a card.

10. Changes, Cancellations and Refunds

Each service carries the cancellation, change and refund rules disclosed to you at or before booking.

11. Entry Requirements

You are responsible for meeting the laws and entry requirements that apply to you and the people you travel with.

12. Texts and Other Communications

Texts. By giving us your mobile number, you agree to receive texts at that number about your application, membership, requests and trips, including messages sent with automated technology. Message and data rates may apply. You may stop texts at any time by replying STOP.

Other channels. We may also contact you by email, push notification and the other channels you use with us.

Other people's numbers. If you give us another person's mobile number, you confirm that the person has agreed to receive texts from us.

13. Privacy

Our Privacy Policy describes how we collect, use and share your information.

14. Responsibility and Limitation of Liability

Suppliers are independent businesses, not our agents or employees, and each is responsible for the services it provides. We are not responsible for any act, omission, default or nonperformance of a supplier or its employees, or for any resulting financial loss, personal injury, property loss or damage, delay, inconvenience or irregularity that you or your travel companions suffer. We are not responsible for any matter beyond our reasonable control.

Our total liability arising out of or relating to these Terms or the service is limited to the greater of $500 or the fees you paid us in the 12 months before the claim arose, and we are not liable for indirect or consequential damages. Nothing in these Terms limits liability that cannot be limited by law, or any refund the law requires.

15. Governing Law and Disputes

These Terms are governed by California law. If a dispute arises, the side raising it first sends the other a written notice describing the dispute and the relief sought. If it is not resolved within 30 days, either of us may start arbitration.

Arbitration. Any dispute arising out of or relating to these Terms or the service that is not resolved informally shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Any in person hearing will be held in the county where you live. Fees are paid as those rules provide. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before the arbitrator was selected, we will pay you the greater of the award or $10,000. The amount of any settlement offer may not be disclosed to the arbitrator until after the award.

No class actions. You and we may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and the arbitrator may award relief only in favor of the individual party seeking relief. Either party may instead bring a qualifying claim in small claims court. Nothing in this section waives your right to seek public injunctive relief where California law preserves that right.

Opt out. You may opt out of this arbitration provision by email to membership@mercurytheclub.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

16. Using the App

We grant you a personal, nonexclusive, nontransferable license to use the Mercury app and website for your membership. You agree not to copy, modify, reverse engineer or misuse the app or website, or attempt to access data that is not yours. The app and website are provided as is to the fullest extent permitted by law.

For the app distributed through the Apple App Store: this agreement is between you and us, not Apple; Apple has no obligation to provide support or maintenance for the app and is not responsible for it; and Apple and its subsidiaries are third party beneficiaries of this section with the right to enforce it.

17. Changes to These Terms

We may change these Terms at any time and will notify you when we do. Your continued use of the service after a change takes effect means you accept it. A new plan fee needs your acceptance under Section 3.

18. General

These Terms, together with the plan terms, the terms of any program you take part in and the confirmations and disclosures for each booking, are the entire agreement between you and us regarding the service. If any provision is unenforceable, the rest remains in effect, and not enforcing a provision does not waive it. Under the consent to electronic records you give in the app, we may provide the confirmations, disclosures and notices these Terms or the law require in the app, by text or by email. We may assign this agreement; you may not. Sections that by their nature should survive termination survive, including Sections 9, 14 and 15.

Acceptance

You accept these Terms in the Mercury app by marking each box below, accepting the consent to electronic records and signing.

• The agreement. I have read and agree to the Mercury Membership Terms and Conditions, including the limits on Mercury's liability, the class action waiver and arbitration of disputes.
• The cancellation rules. I understand that each fare, rate and service carries the cancellation and change rules disclosed at booking.
• The texts. I agree to receive texts from Mercury about my membership, requests and trips, including messages sent with automated technology. Message and data rates may apply. I can reply STOP at any time.