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VIP FarePass
Terms and Conditions
VIP FarePass (“Club”) is a product of Accredited Only, Inc. (“AOI”).
As a registered Member of VIP FarePass (“Member”), you agree to abide
by these Terms and Conditions, and when ordering anything from a supplier of products
or services (a "Supplier"), you agree that these Terms and Conditions
shall apply to your order.
The Club offers a variety of tickets, tours, and services (“Products”)
through its website, www.VIPFarePass.com (“Site”). Club benefits include,
among other things, access to providers (“Suppliers”) of Member-Only
Specials ("Benefit(s)"). This Membership Agreement ("Agreement")
contains all the terms and conditions that apply to you becoming a registered member
of the Club ("Member"). Please note that throughout this Agreement, the
words "we," "us," and "our" will mean VIP FarePass,
and "you," "your," and "yours" will mean you, the
Member.
Unless otherwise stated, purchases made through the Site or any VIP FarePass affiliated
website are subject to these Terms & Conditions. In all booking arrangements,
the person making the booking shall be deemed to have accepted these conditions
on behalf of the person(s) named in the booking.
As a registered Member of VIP FarePass, you agree to abide by these Terms and Conditions,
and when ordering anything from Suppliers of products, services, or benefits you
agree that these Terms and Conditions shall apply to your order.
1. CLUB RULES
1.a. VIP FarePass is open to legal residents of the United States, who are eighteen
(18) years of age or older, have Internet access, a valid credit card, and an existing
e-mail account as of the date of their enrollment and throughout Membership term.
By enrolling in VIP FarePass you are certifying that you meet these eligibility
requirements.
1.b. You are obligated to provide accurate and true information when you apply for
a VIP FarePass Membership and your failure to do so may invalidate your Membership
and any subsequent transaction(s). Your responsibility to provide accurate information
is a continuing obligation and you must notify VIP FarePass in the event that any
information provided by you changes by using the contact information specified in
Section 10 below.
1.c. Your Membership is non-transferable. You agree that only you will use the Membership.
Club benefits may not be used in conjunction with other discounts or promotions
unless otherwise specifically provided. Club benefits are for Members only. Non-members
are not entitled to receive such benefits except as part of a Member booking. Member
name must be part of the traveling party in order for any of the benefits to apply
or be used in conjunction with a particular Trip. Failure to comply with these terms
and conditions may result in cancellation of your membership with no refund of fees
and/or points.
1.d. Access to and use of the Members section of the Site is through a combination
of user name and password and is reserved exclusively for Members. You are solely
responsible for maintaining the confidentiality of your user name and password and
you agree to notify VIP FarePass immediately by using the contact information provided
in Section 11 below if you believe that there has been any breach of security (e.g.
the unauthorized use of your name and password, unauthorized use of your Membership,
lost or stolen Membership information). You agree to accept responsibility for all
activities that occur under your account and password.
1.e. Purchases on this site must be made with a credit card, and VIP FarePass has
not directed this site to, and believes that this site is not appealing to children
under the age of 13. Protecting your privacy and providing security is important
to us. Please read our Privacy Policy for more details regarding our information
collection and practices. If you are over the age of 13 but under the age of majority
in your jurisdiction, you may use the Site only with the involvement of a parent
or guardian.
1.f. All Members are bound by VIP FarePass, AOI, and World Choice Travel, Terms
of Use, Travel Terms of Use, Membership Terms of Use, Terms and Conditions, and
Policies.
1.g. VIP FarePass reserves the right to refuse membership to anyone for any reason.
2. MEMBERSHIP FEES, CANCELLATIONS, AND RENEWALS
2.a. The current annual Membership fee is $49.95, which is billed to your credit
card annually. You will be notified of any increase in the current annual Membership
fee on the Terms and Conditions page on the VIP FarePass pages of the Site. Increases
will take effect upon the annual renewal of your Membership. Membership fee may
vary for those eligible to pay using rewards points.
2.b. VIP FarePass reserves the right to change the annual membership fee, but will
provide you with advance notice of any such change. You are responsible for compliance
with all applicable restrictions, limits, and other terms of use imposed by your
credit card issuing bank. By enrolling in the Club you agree to honor all charges
properly assessed to your credit card account by VIP FarePass or AOI.
2.c. Membership is non-refundable and effective for a period of twelve months following
the membership enrollment date (one year), and twelve months following the renewal
date in subsequent years. By enrolling in the Club you agree to honor all charges
properly assessed to your credit card account by VIP FarePass and assert that VIP
FarePass is not responsible for any fees that occur as a result of insufficient
funds on your credit card.
2.d. Your VIP FarePass Membership will automatically renew to another annual membership
after the first 12 months unless you contact us to cancel at the address specified
in Section 10 below. If you do not indicate your intention to not renew, your designated
credit card will be billed for the amount of the applicable annual renewal membership
fee on your anniversary date.
2.e. You may cancel your VIP FarePass Membership once you have fulfilled your one
year commitment to the Club by sending a letter or email to the addresses specified
in Section 10 below.
2.f. VIP FarePass reserves the absolute right to cancel or suspend your Membership
for any reason whatsoever. If VIP FarePass cancels your Membership, it will stop
billing the annual Membership fee immediately upon cancellation. No previously paid
fees will be refunded.
3. MEMBERSHIP BENEFITS
3.a. As a Member, you are entitled to all of the benefits set out on the Site. The
descriptions of all benefits displayed have been approved by the relevant benefit
Supplier.
3.b. As a registered Member, please note that Suppliers of benefits and the benefits
themselves are subject to availability and VIP FarePass reserves the right to change
or discontinue any benefit without notice.
3.c. Members that are within a specified trial period upon enrollment do not have
full access to benefits including, but not limited to hotel vouchers and companion
passes. To become a full registered member, please contact VIP FarePass using the
information specified in Section 10 below.
3.d. VIP FarePass aims to ensure that benefits remain available at all times and
is constantly negotiating new benefits to ensure that you receive maximum use of
your Membership. If any of the benefits become unavailable, we will attempt to ensure
that prior commitments are honored, but shall not be responsible for any actions
of Suppliers outside the Club’s actual control.
4. VIP FAREPASS RESERVATIONS USER AGREEMENT
4.a. VIP FarePass Reservations User Agreement “User Agreement”—By using our Site
and the online booking engine ("Booking Engine") contained on our
Site, you are agreeing to the following terms and conditions of use without modification
or revision. It is important that you understand that we may amend, revise or update
the terms and conditions of this User Agreement at any time and without prior notice
to you. Therefore, you should carefully review the terms and conditions of this
User Agreement each time you use our Site or Booking Engine. If the terms and conditions
of this User Agreement are not acceptable to you, you should not use our Site or
Booking Engine.
4.b. Ownership—The Booking Engine is owned and operated by World Choice Travel,
a division of Travelocity.com LP ("WCT"). All information, including without limitation
text, graphics, software and all other materials including the HTML, XML, CGI and
any other code and script in any format used to implement our Booking Engine or
related Site ("Content"), are our property or the property of our licensors. You
do not, by using our Site or Booking Engine, acquire any ownership or other rights
to any Content or other materials contained on or accessible through our Site or
Booking Engine.
4.c. Limited Right To Use— Subject to the terms and conditions set forth in this
User Agreement, we hereby grant to you a non-exclusive, limited, non-transferable
and revocable license to view, print and download Content from our Site and Booking
Engine solely for your personal and noncommercial use solely for purposes of enabling
you to purchase products or services offered through our Site or Booking Engine.
You agree not to republish, distribute, assign, modify, transmit, display, reproduce,
license, create derivative works from, transfer or sell any Content or other materials
obtained or obtainable on or through our Site or Booking Engine.
4.d. Copyright and Trademark Notices—The Content and other matters related to our
Site or Booking Engine are protected under applicable laws relating to intellectual
property rights, including but not limited to copyright and trademark laws. The
copying, redistribution, use or publication by you of any such matters or any part
of our Site or Booking Engine, except as allowed under this User Agreement, is strictly
prohibited. The posting of Content on our Site or Booking Engine does not constitute
a waiver of any such rights. World Choice Travel, Inc., World Choice Travel, We
Build Your Brand - Not Ours, WorldChoiceTravel.com and certain other trade names
are either trademarks or service marks or registered trademarks or service marks
of World Choice Travel, Inc. Other product and company names contained on the Site
or Booking Engine may be trademarks or service marks of their respective owners.
WCT reserves all right, title and interest in and to its copyright and trademark
rights.
4.e. Nontransferable—Your right to use our Site or Booking Engine is not transferable.
4.f. Liability Disclaimer and Limits-- THE CONTENT OR OTHER MATERIALS PUBLISHED
ON THIS SITE AND/OR IN THE BOOKING ENGINE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. THE CONTENT OR OTHER MATERIALS MAY BE CHANGED OR UPDATED PERIODICALLY. WE,
AND ANY OF OUR AFFILIATES MAY, BUT SHALL NOT BE REQUIRED TO, MAKE ANY CHANGES TO
OUR SITE OR BOOKING ENGINE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE TO YOU.
NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE
SUITABILITY OF THE CONTENT CONTAINED ON OUR SITE OR THE BOOKING ENGINE FOR ANY PURPOSE
WHATSOEVER, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON
OR THROUGH OUR WEBSITE OR THE BOOKING ENGINE SHALL NOT CONSTITUTE ANY ENDORSEMENT
OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US OR OUR AFFILIATES. ALL SUCH
CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER.
WE AND OUR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH OUR WEBSITE OR BOOKING
ENGINE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. OUR
SITE AND/OR BOOKING ENGINE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS,
FOR WHICH YOU AGREE TO HOLD US AND OUR AFFILIATES HARMLESS.
THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH OUR WEBSITE OR BOOKING ENGINE
ARE INDEPENDENT CONTRACTORS AND ARE NOT OUR OR OUR AFFILIATES' AGENTS. NEITHER WE
NOR OUR AFFILIATES ARE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS,
WARRANTIES, BREACHES OR NEGLIGENCE WHATSOEVER OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL
INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
FROM TIME TO TIME, ACCESS TO OUR SITE OR BOOKING ENGINE (OR ANY PORTION THEREOF)
MAY BE SUSPENDED WITHOUT PRIOR NOTICE. YOU AGREE THAT WE AND OUR AFFILIATES WILL
HAVE NO LIABILITY AND WILL NOT BE OBLIGATED TO MAKE ANY REFUND AND SHALL OTHERWISE
NOT BE RESPONSIBLE IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, MISQUOTED
RATES, STRIKE, RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH, FALSE TRANSMISSIONS,
PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY OTHER CAUSE BEYOND OUR OR OUR AFFILIATES'
CONTROL, AND FURTHER THAT NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY RESPONSIBILITY
FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT
OR AUTHORITY.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY
WAY CONNECTED WITH, THE USE OF OUR SITE OR BOOKING ENGINE OR THE DELAY OR INABILITY
TO USE OUR SITE OR BOOKING ENGINE, OR FOR ANY CONTENT OR PRODUCTS OR SERVICES OBTAINED
THROUGH OUR SITE OR BOOKING ENGINE, OR OTHERWISE ARISING OUT OF THE USE OF OUR SITE
OR BOOKING ENGINE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4.g. No Unlawful or Prohibited Use—As a condition of your use of our Site and/or
Booking Engine, you agree that you will not use our Site or Booking Engine for any
purpose that is unlawful or prohibited by, or inconsistent with, this User Agreement.
You represent and warrant that you are at least 18 years old and posses the legal
authority to enter into this User Agreement and to use our Site and Booking Engine
in accordance with the terms and conditions of this User Agreement. You may only
use our Site and the Booking Engine to make legitimate reservations or purchases
and not for any other purposes, including without limitation, to make any speculative,
false or fraudulent reservations or any reservation in anticipation of demand.
4.h. Use of Information—We reserve the right, and you authorize us and our affiliates,
to use and assign all information provided by you in any manner consistent with
our Privacy Policy. You may view our Privacy Policy by clicking HERE.
4.i. Content—Some of the Content that refers to city attractions, things to do,
hotel accommodations, restaurants and other services is the property of, and is
supplied by, third party suppliers that are not under our control. We do not independently
verify, and do not guarantee, the accuracy of the information that we receive from
such third parties. All information, prices and availability are subject to change
without notice.
4.j. Links to Other Websites—Our Site and Booking Engine may contain hyperlinks
to websites operated by third parties. We do not control such websites and will
not be responsible for their content or for any breach of contract or any intentional
or negligent action on the part of such third parties, which results in any loss,
damage, delay or injury to you or your companions. We are not responsible for the
accuracy of opinions express in such websites, and such websites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any linked
website on our Site or Booking Engine does not imply or constitute approval or endorsement
of the linked website by us. If you decide to leave our Site or Booking Engine to
access these third party sites, you do so at your own risk. All rules, policies
(including privacy policies) and operating procedures of websites operated by third
parties will apply to you while on such sites. We are not responsible for information
provided by you to third parties.
4.k. Tax Recovery Charge—The tax charge on Save Rate hotel transactions is a recovery
of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise
tax, value added tax, etc.) that we collect from customers and pay our vendors (such
as hotels, etc.) in connection with our customers' purchasers. We are not the vendor
collecting and remitting such tax to the applicable tax authorities. The vendors
bill us for applicable taxes and we remit such amounts directly to our vendors.
We are not a co-vendor associated with the vendor with whom we book or reserve our
customers' travel arrangements. Taxability and the appropriate tax rate vary greatly
by location. The actual amount paid to a vendor may vary from the tax recovery charge,
depending upon the rates, taxability or other factors in effect at the time of the
actual use of a given travel service by our customers. We do not incur the cost
of sales tax from vendors located in Alaska, Delaware, Montana, New Hampshire and
Oregon, as these states do not impose a sales tax. Also, certain jurisdictions impose
a hotel occupancy tax or other type of transaction tax upon the renting of a hotel
room, an automobile, etc. The type of tax collected by a vendor will vary by service
and location.
4.l. Terms of Service-Save Rate Hotel Reservations Only—Credit cards for Save Rate
hotel reservations will be charged the full amount for the reservation including
all taxes and applicable service fees at the time of booking. Reservations may be
changed or cancelled anytime within the appropriate hotel's cancellations policy
period at a charge indicated on the applicable website. Upon arrival and check in
at a hotel, you are responsible for the entire length of stay. No refunds or credits
will be issued for any nights reserved but not consumed. Cancellations made after
the hotel cancel policy period has lapsed or no shows will be charged according
to the hotel's cancellation policy (although the cancellation charge usually equals
one night's room rate plus tax, you should look to the specific hotel's policies
for the exact charges that you may incur). No contract will exist between you and
us (or our affiliates) with respect to Save Rate hotel reservations until we have
sent you an email with a pre-payment voucher that you will present to the appropriate
hotel at the time of your check in. There may still be times when a hotel refuses
to confirm a reservation. In this case we will re-accommodate to a similar property
or refund all monies charged. Loyalty program award points cannot be guaranteed
when booking a Save Rate hotel.
4.m. Currency Converter—Currency rates are based on various publicly available sources
and should be used as guidelines only. Rates are not verified as accurate, and actual
rates may vary. Currency quotes are not updated every day. Check the date on the
Currency Converter for the day that currency was last updated. Neither we, nor our
affiliates, warrant or guarantee the accuracy of any such information. When using
this information for any financial purpose, we advise you to consult a qualified
professional to verify the accuracy of the currency rates. We do not authorize the
use of this information for any purpose other than personal use and hereby prohibit,
to the maximum extent allowable the resale, redistribution, and use of this information
for commercial purposes.
4.n. Indemnification—You agree to indemnify, defend and hold us and our affiliates,
and any of our or our affiliates' officers, directors, employees, agents, successors
and assigns, harmless from and against any liability, claim, loss, expense, cause
of action or demand, including without limitation reasonable legal and accounting
fees arising directly or indirectly in connection with any breach by you of any
term, condition, representation, warranty or covenant contained herein or otherwise
resulting from your use of our Site or Booking Engine.
4.o. Contract Information—No contract will exist as between you and us (or any of
our affiliates) for the sale of any product or service other than Save Rate hotel
reservations unless and until we accept your reservation by email confirming your
reservation or purchase and issue you a unique confirmation code. Acceptance will
be deemed complete and will be deemed to be effectively communicated to you for
all purposes at the time that we send the email to you whether or not you receive
the email.
4.p. Miscellaneous—This User Agreement shall be governed by and construed in accordance
with the laws of the State of Florida, USA, without regard to any conflict of law
principles. You irrevocably and unconditionally agree that any legal proceeding
arising out of or relating to this User Agreement may be brought in the United States
District Court for the Southern District of Florida, West Palm Beach Division, or,
if that court lacks jurisdiction, in any court of competent jurisdiction in Palm
Beach County; and hereby consent to the jurisdiction of each such court in any proceeding.
Use of our Site or Booking Engine is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including, without
limitation, this paragraph.
This User Agreement (and any other terms and conditions referenced herein) constitutes
the entire and only agreement between us and you, and supercedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to our Site,
the Booking Engine, the Content or any products or services provided by or through
our Site or Booking Engine, and the subject matter of this User Agreement. You agree
that no joint venture, partnership, employment or agency relationship is created
as a result of this User Agreement or use of our Site or Booking Engine. Our performance
of this User Agreement is subject to existing laws and legal process, and nothing
contained in this User Agreement is in derogation of our right to comply with law
enforcement requests or requirements relating to your use of this Site or information
provided to or gathered by us with respect to such use. If any part of this User
Agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of this User Agreement shall continue in effect. A printed
version of this User Agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or relating to
this User Agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of this User Agreement shall not be deemed
a waiver of such provision nor of the right to enforce such provision. Fictitious
names of companies, products, people, characters, and/or data mentioned herein are
not intended to represent any real individual, company, product, or event. Any rights
not expressly granted herein are reserved. Other terms and conditions may apply
to your purchase of products or services offered on or through the Site and/or Booking
Engine.
4.q. Seller of Travel—World Choice Travel, a division of Travelocity.com LP. is
registered with the State of Florida as a Seller of Travel. Registration No. ST34200.
©2008 World Choice Travel. All rights reserved.
4.r. When booking through the Site, you are contracting with a Supplier and all
reservations are subject to the Terms and Conditions, Privacy Policy, Conditions
of Carriage, and Rules of that Supplier. Separate te
5. LIABILITY
5.a. Your contract for the purchase of products or services is made with the relevant
Supplier only. VIP FarePass acts as an agent for the Supplier and, unless expressly
provided otherwise, all of your claims are with the Supplier. You agree that any
contract entered into by you with any of the Suppliers is an independent contract.
VIP FarePass hereby disclaims any and all liability for any act or omission of any
Supplier or any loss incurred by you as a result of any act or omission of a Supplier
whether or not arranged through the VIP FarePass call center or Site. VIP FarePass
makes no warranties, expressed or implied, including the warranty of merchantability
or fitness for a particular purpose, with respect to any of the benefits or related
information.
5.b. The airline, hotels, and other Suppliers whose travel or other services are
offered on this Site are independent contractors, not agents, or employees of VIP
FarePass. The Club is not liable for the acts of errors, omissions, representations,
warranties, breaches, or negligence of these suppliers, or for any personal injuries,
death, property damage, or other damages or expenses resulting therefrom. VIP FarePass
has no liability for, and will make no refund in the event of, any delay, cancellation,
overbooking, strike, force majeure, or other causes beyond its direct control. VIP
FarePass takes no responsibility for any additional expense, omissions delays, re-routing
or acts of any government or authority.
5.c. Members purchase Trips from Travel Suppliers at their own risk. Claims for
personal or monetary damage, injury or loss of life must be directed solely to the
applicable Travel Supplier(s), and not to VIP FarePass.
5.d. Under no circumstances will VIP FarePass or its agents, affiliates, service
providers, suppliers, and/or distributors be liable for any of the following losses,
costs, expenses, or damage (whether such losses where foreseen, foreseeable, known
or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c)
loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation;
(f) losses suffered by third parties; or (g) any indirect, consequential, special
or exemplary damages arising from the use of VIPFarePass.com regardless of the form
of action.
5.e. VIP FarePass shall not be liable to you or be deemed to be in breach of these
Terms and Conditions by reason of any delay in performing, or any failure to perform,
any of VIP FarePass’ obligations in relation to the Services, if the delay
or failure was due to any cause beyond VIP FarePass’ reasonable control.
5.f. Under no circumstances shall our liability exceed your current membership fee
and under no circumstances shall we be liable for your incidental or consequential
damages including failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortuous behavior, negligence, or under any other
cause of action.
5.g. VIP FarePass aims to ensure that viruses (or other programs having adverse
effects) do not reside on the Site, but VIP FarePass accepts no responsibility for
any virus or other malicious code that a member may acquire from the use of the
Site or from any Supplier site.
5.h. VIP FarePass accepts no liability for any losses or claims arising from any
inability to access the Site or any failure to complete a transaction.
5.i. VIP FarePass tries to provide accurate and timely information. This Site may
contain inadvertent technical or factual inaccuracies and typographical error. We
do not represent or warrant that the information accessible via this website is
accurate, complete or current.
5.j. Accessing materials on this Site, by certain persons in countries may not be
lawful, and VIPFarePass.com makes no representation that materials on this Site
are appropriate or available for use in locations outside of the United States.
5.k. VIP FarePass makes no warranty of any kind regarding the Club, which is provided
on an “as is” basis. VIP FarePass expressly disclaims any representation
or warranty that its club will be error-free. VIP FarePass further disclaims any
warranty as to the accuracy, completeness, and timeliness of any content or information
distributed with respect to the club. VIP FarePass expressly disclaims all warranties
and conditions, including implied warranties and conditions of merchantability,
fitness for a particular purpose, title, non-infringement, and those arising by
statute or otherwise in law or from a course of dealing or usage of trade. Some
states do not allow the disclaimer of implied warranties, so this warranty disclaimer
may be limited in its applicability to you.
5.l. The failure of VIP FarePass to comply with the Terms because of an act of God,
war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental
authorities or for any other reason beyond the reasonable control VIP FarePass shall
not be deemed in breach of this Agreement. If any such contingency shall last for
more than sixty (60) days, VIP FarePass shall have the right to terminate this Agreement
by giving notice with no further liability to any member.
5.m. This section applies only to the extent permitted by law.
6. CHANGES TO THESE CLUB RULES
6.a. VIP FarePass may vary these Terms and Conditions from time to time and will
notify you of any changes in a timely manner. Notification will be by some or all
of the following media:
i. The VIP FarePass newsletter
ii. The Site
iii. E-mail
iv. By Mail
6.b. Your continued use of your Membership constitutes acceptance of any altered
Terms and Conditions with or without notice of these alterations.
7. COPYRIGHT AND TRADEMARKS
7.a. VIP FarePass owns or is lawfully entitled to all of the copyrighted material
in this Site. All other intellectual property rights are reserved. This Site is
for your personal use onlyyou may not use it for commercial purposes. You
may only download to your personal computer for viewing purposes and print out a
number of pages of this Site for your personal use. You may not derive works from,
transfer or sell any information obtained from this Site.
7.b. All trademarks, product names, and company names and logos appearing on this
web site are the property of their respective owners.
8. LINKS
8.a. VIP FarePass assumes no responsibility for the contents of any other web sites
to which the Site has links and shall not be held responsible or liable for any
loss or damages caused or alleged to have been caused by use of or reliance on any
content, products or services available on such hyperlinked sites. VIP FarePass
may not have control of such web sites. The inclusion of any hyperlinks to such
other web sites does not mean that VIP FarePass endorses the material on such web
sites or has any association with the owner thereof.
9. GOVERNING LAW
9.a. Nothing in this Agreement is meant to supersede or override any provisions
of current or future applicable laws and regulations. This Agreement and the Terms
of Membership shall be governed and construed in accordance with the laws of the
State of Minnesota without giving effect to the choice of law provisions thereof.
Any dispute arising between Members and VIP FarePass will be resolved by submission
to arbitration in Hennepin County, State of Minnesota in accordance with the rules
of the American Arbitration Association then in effect. If you do not prevail in
any such action, you agree that you will pay all costs incurred by VIP FarePass
in defending such action, including reasonable attorneys' fees. Notwithstanding
the foregoing, nothing in this Agreement is intended or shall be construed to negate
or otherwise affect the consumer protection laws of the state in which Members reside.
10. CONTACTING US
By Mail:
VIP Fare Pass
c/o Accredited Only, Inc.
P.O. Box 15004
Minneapolis, MN 55451
By Email:
Support@VIPFarePass.com
By Telephone:
For information or questions regarding VIP FarePass benefits, your membership status,
or billing, please call our toll free number, 1.866.874.0300. Membership center
agents are available Monday-Friday, 9AM-5PM Central Time.
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