MEMBER AGREEMENT: TERMS OF SERVICE

Liberty Fun Pass is pleased to provide its registered members and other authorized users with the content, benefits, and other information on its Web site, libertyfunpass.com.  We encourage you to read the following Terms of Use, which governs your use of this Web site and sets forth our obligations to you, and your obligations to us.

By using libertyfunpass.com, you agree to abide by the terms and conditions contained in this agreement, including that if you are a minor, you are at least 13 years of age and, if you are under the age of 18, you have received the consent of your parent(s) or legal guardian to be bound by any and all of the terms of this agreement.

"Using" libertyfunpass.com means the use of, availability of, access to, transmission to or from, or any exchange of information or communication in connection with or arising from libertyfunpass.om

Liberty Fun Pass reserves the right to modify the terms of this agreement at any time. You may print and keep a copy of this agreement.

Registration of Information

It is the obligation of new members, upon registering, to provide Liberty Fun Pass with current and accurate information. Misrepresentation of facts will be considered a breach of this agreement, allowing Liberty Fun Pass to terminate your use of this site or access to any services and products provided through the site.

When you register or subscribe to certain services provided through this site, you will select a user name and password.  You may NOT select a user name that violates rights or one that, at the sole discretion of Liberty Fun Pass , we consider to be offensive, improper, and inappropriate or breaches the dictates of good taste.  Should you choose such a moniker, Liberty Fun Pass retains the right to modify or delete it.

A NOTE OF CAUTION:  You are responsible for maintaining the confidentiality of your user name and password.  If, however, you believe that someone has accessed the libertyfunpass.om site using your user name and password without your authorization, please contact us at http://www.libertyfunpass.com/contactus.html

Fees and Payments

Online purchases (including all applicable handling and mailing costs and taxes, if any) made by you on or through the libertyfunpass.om site are your responsibility to satisfy in full.

You are also responsible for any fees or charges incurred to access libertyfunpass.om through an Internet access provider or other third-party service.

Content on Website

All content on the libertyfunpass.om Web site, unless already copyrighted or trademarked by an author, is the sole property of Liberty Fun Pass or its licensors and successors and is protected by copyright, trademark, and other intellectual-property laws.  Liberty Fun Pass -owned content received by our members through the site may be downloaded, displayed, reformatted, and printed for the personal, non-commercial use of our members and other authorized users only.

Advertising Material

Advertising and other material submitted to Liberty Fun Pass by third parties become part of libertyfunpass.com  Advertisers have the responsibility to ensure that any and all material submitted for inclusion on this Web site complies with national as well as international laws.  Liberty Fun Pass is not liable for any error, omission, or inaccuracy in advertising material, and reserves the right to omit, suspend, or change the positioning of any such material submitted for insertion onto the site.  Acceptance of advertisements is subject to terms and conditions stipulated by Liberty Fun Pass , which are available upon request.

Additionally, because links to goods and services as well as information provided by third parties may be governed by different terms of use, this agreement does not apply to such third-party services.  It is your responsibility to review, acknowledge, and comply with the provisions of any applicable agreement to the use of goods or services provided by third parties.

Limitation of Liability

The contents of libertyfunpass.om are for general information or use only.  Liberty Fun Pass and its affiliates, agents, advertisers, sponsors, and licensors cannot and does not warrant the accuracy, completeness, currentness, non-infringement, merchantability, or fitness for a particular purpose of the content available through the Web site itself.  The site is provided as is and without warranties of any kind, either express or implied.

Liberty Fun Pass and its affiliates, agents, advertisers, sponsors, and licensors shall not be liable to anyone using the site for any loss or injury incurred in whole or in part by negligence or contingencies beyond our control in procuring, compiling, interpreting, reporting, or delivering the site and any content therein.  In no event will Liberty Fun Pass and its affiliates, agents, advertisers, sponsors, and licensors be liable to a user in reliance on such content or the site, nor shall we be liable to a user or anyone else for any direct, indirect, consequential, incidental, or punitive damages or any other damages even if advised of the possibility of such damages.

You, the user, agree that the liability, if any, of Liberty Fun Pass and its affiliates, agents, advertisers, sponsors, and licensors arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the site or the contents therein, shall not exceed the amount you paid Liberty Fun Pass for the use of the site in the 12 months immediately preceding the event giving rise to such claim.

Liberty Fun Pass and its affiliates, agents, advertisers, sponsors, and licensors make no warranty that the site or contents therein are free from infection by viruses or anything else that has contaminating or destructive properties.

In addition, certain links on the site lead to resources located on servers maintained by third parties over whom Liberty Fun Pass has no control.  Liberty Fun Pass accepts no responsibility or liability for any of the material contained on those servers.  You agree that you will not hold Liberty Fun Pass responsible for any direct, indirect, incidental, special, or consequential damages arising out of the use of any third-party servers.

Miscellaneous

Liberty Fun Pass may, without notice or liability, discontinue or alter any aspect of the Web site, or its availability to you at any time. 

If any provision in this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.  This agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America and the State of Connecticut , as if this agreement was a contract wholly entered into and wholly performed within Connecticut .  This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.  Any action to enforce this agreement or any matter relating to your use of the Web site shall be brought exclusively in the Federal or State courts located in Connecticut and you, the user, irrevocably agrees to submit to the jurisdiction of such courts.

Liberty Fun Pass Member Agreement:
Terms & Conditions

Please review the following terms of Liberty Fun Pass membership carefully. These terms govern all use of Liberty Fun Pass (LFP) services, its member site and membership program.

1. Registration Process: You can begin your LFP membership by filling out our registration form online or registering by mail or phone. In your application, you agree to provide accurate and current personal information and notify us to update that information if it changes. As a member, you are provided with special coupon codes and discount agreements which you may use. However, distribution or resale of this information, or repurposing to other parties outside the LFP membership program is strictly prohibited and will be prosecuted to the full extent of the law.

2. E-mail Newsletter: It is your responsibility to make sure we always have your current e-mail address. If we do not, we may not be able to pass to you information on your benefits (which is the main purpose of LFP). We will also keep you advised of new functionality and Web site features or your membership status via e-mail from time to time.

3. Types of Membership: LFP currently offers several different memberships, including primary membership, family membership (for the dependent of the primary member), and sponsored membership (memberships purchased by individuals to underwrite complimentary Veterans Advantage membership for service men and women). Family members are eligible for all benefits and features of the membership program. LFP will change the specific services offered to our members from time to time and has the right to do so without advance notice to our members. LFP does its best to provide accurate information but does not verify or guarantee the authenticity of information provided to our members.

4. Payment Information: Membership fees: All authorized charges will be billed to your designated credit card account using the terms below.

- Credit Card Storage: As a convenience to our members, LFP may keep credit card and other payment information securely on file to assist in transactions that have been authorized.

- Subscription Service Plan: As a convenience to our members to avoid any interruption in their benefits and to maintain membership fees as low as possible, LFP has implemented a Subscription Service Plan. With the LFP Subscription Service Plan, your card will be charged when your membership is up for renewal. Unless you notify LFP that you do not wish to renew your memberships prior to your renewal date, LFP will renew your membership at the then current renewal rate to the credit card your prior membership fee was billed to, or to the card currently on file. Your membership will be renewed for the same period as your previous membership.

- Right to Cancel Subscription Service Plan: The Subscription Service Plan is a member service designed to avoid any interruption in your benefits. To opt out of the Subscription Service Plan, it is your responsibility to contact LFP prior to your renewal date by calling 1-877-822-6682. LFP can only guarantee non-interruption     of membership services and benefits for members enrolled in the LFP Subscription Service Plan. For members not in the Subscription Service Plan, membership renewals may take 4-6 weeks to process.

- Purchasing and Billing with Liberty Fun Pass Partners: In the event you register to receive products or services or purchase from any of our partners, you become their customer. They may send you communications based on this relationship with you.

- Cancellation Policy: When you purchase a membership, you are able to begin enjoying the partner benefits immediately. Given the unique nature and high monetary value of the benefits of the program, LFP has a strict "no return, no refund" policy. You can cancel your membership prior to your next member renewal date. All cancellations must be made in writing using the LFP cancellation form which includes a benefits waiver and release from insurance eligibility. LFP reserves the right to cancel your membership. In such cases, refunds will be at the company's discretion.

- Trial Membership: If you enroll for a trial membership and do not cancel within the trial period, you will be charged the full membership fee on the day following the completion of the trial period.

- Insurance Activation: You are encouraged to activate your Accidental Death and Dismemberment (AD&D) and Medical Evacuation insurance policy. If you do not activate your insurance policy, LFP and its insurance provider are not liable for any payment as a result of an insurance claim against LFP or its insurance provider.

5. Privacy: Please refer to the privacy policy at http://www.libertyfunpass.com/privacypolicy.html

6. Member Conduct: We reserve the right to cancel the membership of any objectionable member, at our discretion, without notice. You agree to:

- Follow all local, state, national and international laws and regulations.

- Take responsibility for all acts that occur with your Member ID and password.

- Maintain the confidentiality of your Member ID and password and all use of your membership card.

- Comply with all intellectual property and other proprietary rights laws, including but not limited to Federal copyright and trademark laws, in the use of the site and card program.

- Provide only accurate personal information about yourself or your family members.

You agree NOT to:

- Use incognito names when registering or communicating with us.

- Use your access to LFP for any commercial purpose or sell memberships without permission from LFP.

- Republish information found in the site without first obtaining written permission from LFP.

7. Other Important Rules:

- LFP reserves the right to modify, suspend or terminate access to the member web site at any time without notice or refund if you are suspected of violating the Terms of Service. We also reserve the right, if needed, to change your Member ID and password and will notify you of such changes.

- Consequences for abusive conduct: In the event you violate these Terms of Service, LFP has the right to terminate your membership without refunding your member fees. In the event of a serious violation (as solely determined by LFP), LFP may also file suit against you for business interference or other appropriate legal actions and we will seek compensation from you for potential damage to our reputation caused by your actions.

8. Content Rights: This site (www.libertyfunpass.com), and all of the content of the site, is protected by intellectual property and other laws throughout the world, and is the copyrighted property of LFP and/or its various third party licensors. None of the content found on this site may be copied, reproduced, republished, distributed, sold, licensed, transferred, or modified without the express written permission of LFP. Unauthorized use of the site is a violation of LFP and its licensors' rights. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are the property of LFP, its affiliates, and various third parties. The site and the software incorporated in the site may not be reverse engineered, decompiled or disassembled.

9. Disclaimer of Warranties: EXCEPT AS SPECIFICALLY PROVIDED IN THIS PROVISION, THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND LFP DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION RELATED TO THE SITE AND ITS CONTENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR IN THE COURSE OF DEALING OR USAGE IN TRADE. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR, AND LFP AND ITS PROVIDERS DO NOT WARRANT THE ACCURACY, CURRENCY OR RELIABILITY OF INFORMATION ON THE SITE. YOU ASSUME THE ENTIRE RISK AND COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE DUE TO THE USE OF THE SITE.

10. Limitations of Liability and Remedies: YOUR USE OF THE SITE AND THE MEMBERSHIP PROGRAM IS ENTIRELY AT YOUR SOLE RISK. LFP, AND LFP'S DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS OR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGE TO YOUR COMPUTER FROM USE OF THE SITE OR VIRUSES, OR DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OR NONPERFORMANCE OF THE SITE OR MEMBERSHIP PROGRAM, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUES, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS EVEN IF LFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.  LFP is not responsible for, and shall have no liability with respect to, the content of third party Web sites that are linked to or from the site. If LFP ceases operations, you agree that LFP and its marketing partners, credit card processors, and credit card associations (Visa, MasterCard, American Express and Discover) shall have no liability, financial or otherwise associated with membership cessation. Your sole and exclusive remedy for any breach of this agreement (other than LFP ceasing operations, as to which the preceding sentence shall apply) shall be a refund of the fees paid for membership.  Some states do not allow the exclusion or limitation of liability to the extent set forth herein; therefore, this provision may not apply to every person as written.

11. Customer Warranties and Indemnification: You warrant and represent that
    a. You shall abide by all the terms and conditions of this agreement;
    b. You are of sufficient legal age to use the member site and to create binding legal obligations for any liability you may incur as a result of the use of this site;
    c. You will not take any action that would derogate LFP or its licensors' rights in and to their intellectual property or content;
    d. You will not infringe on the copyrights of any third parties;
    e. You will not violate any laws in your use of information on the site; and
    f.  You will not interfere in the business of LFP by attempting to divert traffic from the site.
You shall indemnify and hold harmless, and at LFP’s request defend, LFP, its directors, officers, shareholders, employees, agents, affiliates and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, and allocation for in-house counsel, and other legal costs) arising out of any claim of any third party resulting from any breach of your representations, warranties or covenants set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

12. Links to Other Sites: The member site may contain links to other sites. LFP does not endorse any other site and is not liable for any loss or damages related to the content, products or services available through those sites. If you have any problems or concerns regarding other sites, please contact their site administrator or Webmaster directly.

13. Changes to Site and Terms of Service: LFP reserves the right to discontinue, delete and change the content or purposes of the site from time to time. LFP also reserves the right to change the Terms of Service.

14. Choice of Law and Venue: This Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of Delaware, United States of America, applicable to contracts negotiated and fully performed within that State, and the parties agree to submit to the exclusive jurisdiction of the courts of the State of Delaware in any action brought to enforce or arising out of this Agreement. Notwithstanding the foregoing, LFP shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in LFP’s sole discretion.

15. Miscellaneous Terms:
    •    No Partnership/Assignment. Our relationship is not one of agency or partnership and you will not be deemed to be a partner, employee, fiduciary, agent or representative of LFP by your use of the site or the membership program. You may not assign or transfer your membership rights to any third party.
    •    Severability. These terms are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
    •    No Waiver. Failure to enforce a term of this agreement shall not be deemed a subsequent waiver of that term or other terms.
    •    Termination of Membership Permitted. The membership granted in this agreement shall terminate automatically without notice from LFP if you fail to comply with any provision of this agreement. LFP may terminate a membership at its sole discretion.
    •    Headings of No Effect. The headings in this agreement are used for convenience only and not for interpretation.
    •    Entire Agreement. This agreement is the entire understanding between us regarding your access to, and use of the site, membership program, and its content, and supersedes any prior agreements, statements or representations with respect to the same.
 
We sincerely hope you enjoy your use of the www.libertyfunpass.com site and the Liberty Fun Pass Program. Please understand that these rules help protect the integrity of the program for all of our members.

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