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ADVENTUREPASSTM MEMBER
AGREEMENT
Introduction
Subject to the following specific terms and conditions,
AdventurePass, LLC. and its subsidiaries (collectively, "AdventurePass") and
their affiliates make available online information and services to registered
members of its programs or other authorized users of the web site(s) owned
and/or operated by AdventurePass (the "Site(s)"). By clicking a "Submit" button
when registering for a specific program, by using a membership card under a
specific program, or by using any Site you are indicating that you are 18 years
old or older and you agree to be bound by all of the terms and conditions set
forth herein or therein. The term "using" means the use and availability of,
access to, transmission to or from or any exchange of information or
communication in connection with or arising from a Site. AdventurePass may
change the Terms and Conditions at any time subject to any exception for a
specific program as long as such restriction is explicit. Any changes will
appear on this page, which you can access at any time. It is your responsibility
as a user to refer to the Terms and Conditions on accessing the Site(s). Changes
will be effective the day after first posting to the Site(s) and you will be
deemed to have accepted any change if you continue to access the Site(s) or use
the program after that time. If you access or register for any program having a
unique user agreement (a "Service") you are also agreeing to all the terms and
conditions of the unique user agreement for such program. If there is a conflict
between these general Terms and Conditions and a unique program agreement, the
unique program agreement terms shall prevail.
AdventurePass Membership Program
AdventurePass Membership is a fee-based program, offered by
AdventurePass, providing members with promotions and partner benefits at
participating Provider locations throughout the United States. A “Provider” is
any individual or organization that lists, describes, or makes reference to
available goods or services on or through the Site(s).
1. Eligibility US residents 18 years old
or older are eligible to participate in the AdventurePass Membership Program and
to become an AdventurePass Member.
2. Enrollment You may become an
“AdventurePass Member” by enrolling in the AdventurePass Membership Program. As
part of your enrollment in the AdventurePass Membership Program, you must
provide AdventurePass with accurate and complete information (including but not
limited to name, e-mail address, and shipping address) and advise AdventurePass
of any changes. AdventurePass will use this information to create your account
and mail your Membership materials, including your personalized “AdventurePass
Membership Card”. If such information changes after enrollment, you have an
obligation to advise AdventurePass promptly of any changes. If you do not, you
may be in breach of these Terms and Conditions, allowing AdventurePass to
immediately terminate your use of the program, the Site(s) or any
products/services provided through the program or Site(s).
Upon enrollment and within 10 to 15 business days, you will
receive your Membership materials that include, but are not limited to, a
personalized AdventurePass Membership Card, and insertions containing Partner
information about program providers.
You may enroll in the Membership Program online at www.adventure-pass.com . You also
may enroll through other channels, programs and partners such as "Affiliates",
"Retail Program" and "Bulk enrollment". For details on these channels and
programs, please refer to their sections below.
3. Fees The retail price of the annual
AdventurePass Membership is $50.00 (the “Membership Fee”), though exceptions
exist. AdventurePass reserves the right to increase or reduce the Membership Fee
at any time for any reason in its discretion without notice.
You agree to pay the Membership Fee when the charge is incurred.
If you pay by credit card or any other payment instrument and AdventurePass does
not obtain full payment, you agree to pay all amounts due upon our request.
4. Use of your AdventurePass Membership Card
Your AdventurePass Membership Card and your Member number are your keys to
Membership benefits and services. You must identify yourself as an AdventurePass
member when booking services or purchasing goods, and present your signed,
validated AdventurePass Membership Card to each Provider to receive your Member
benefits. The AdventurePass Membership Card is nontransferable and may only be
used by the person whose name is printed on the card. A Provider has the right
to deny a promotion if you do not present your card before payment. Providers
reserve the right to ask for your ID to verify you are the rightful cardholder.
Some Providers will record your Member number in order to
track purchases and use of the card. They will not collect your personal
information or use the card as a form of payment. AdventurePass uses this
information to track Provider performance and ultimately offer you better
promotions.
In order to redeem promotions through our Online Partners, you
may be asked to enter your AdventurePass Member number either on www.adventure-pass.com or at the
Provider's web site.
Your Membership and Membership Card is designated for your
personal, non-commercial use. The barter, trade, sale, purchase, or transfer for
compensation of your Membership or Membership Card in whole or in part or any of
its online offers, is strictly prohibited, unless expressly authorized by the
AdventurePass. You agree to pay all fees and charges incurred in connection with
the use of your AdventurePass Membership (including any applicable taxes) at the
rates in effect when the charges were incurred. Additionally, the use of your
Membership or any of AdventurePass’ online offers for advertising purposes, in
any form, is prohibited unless authorized by AdventurePass. Any use of an online
offer in violation of these rules will render your Membership void, and
violators will be prosecuted. Online offers may not be reproduced and are void
where prohibited, taxed or restricted by existing or new laws.
5. Provider Offers Many Providers offer
two levels of promotions: (a) a “One-Time Offer” that is valid only on a
Member’s first use of each Provider’s services or purchase of goods; (b) an
“Ongoing Offer” for Members who have used a given Provider’s services or
purchased a given Provider’s goods within the past twenty-four (24) months.
Members who have used a given Provider’s services or purchased a given
Provider’s goods within the past twenty-four (24) months are not eligible for
that Provider’s One-Time Offer; all AdventurePass Members are eligible for
Providers’ Ongoing Offers.
Upon use of a given Provider’s One-Time Offer, that Provider
may remove from your AdventurePass Membership Card a number or other designating
feature that corresponds to that Provider. Neither One-Time Offers nor Ongoing
Offers may be combined with any other offer, unless specified by the Provider.
Please note that many Providers require seventy-two (72) hours’ advance notice
to honor One-Time and Ongoing Offers for activities and accommodations.
Providers reserve the right to decline a One-Time Offer or Ongoing Offer if you
attempt to book your activity or accommodation with fewer than seventy-two (72)
hours’ prior notice.
Offers made available through and/or partners participating in
the AdventurePass Membership program may change from time to time. AdventurePass
reserves the right in its sole discretion to make modifications to the offers
and/or the participating partners at any time. In addition, partners may elect
to change offers from time to time. Members should check the Site for a list of
current offers. AdventurePass is not responsible for third parties’ restrictions
or changes to their offers not communicated to AdventurePass, and AdventurePass
undertakes no obligation to provide a replacement or substitute offer for any
offer removed from the Membership program.
6. Renewal, Expiration and Cancellation
Your AdventurePass Membership is valid for one year, beginning on the date on
which you enroll. UNLESS YOU NOTIFY US BY EMAIL AT
cancellation@adventure-pass.com
THAT YOU DO NOT WISH TO RENEW YOUR MEMBERSHIP AT LEAST TEN (10) DAYS BEFORE THE
ANNIVERSARY DATE OF YOUR MEMBERSHIP, WE WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP
AT THE END OF EACH TERM AND BILL THE THEN-CURRENT MEMBERSHIP FEE TO THE
DESIGNATED CREDIT CARD. It is your responsibility to keep us informed of any
changes in your credit card account, including a new expiration date. You
understand that using a different credit card during the term does not
constitute notice to us of your change in credit card for renewal purposes. You
will be responsible for any costs incurred by us in connection with renewal fees
that are charged back to us.
AdventurePass reserves the right to terminate your Membership
at any given time by refunding the unused portion of your membership fees.
7. Refunds Any Member who has paid the
Membership fee directly to AdventurePass or purchased a membership through a
Retail Partner can claim a full refund within ten (10) days of receiving his or
her Membership materials. Members who receive their Membership through a Bulk
Partner, or receive a Membership in consideration fortaking an action that does
not involve the direct purchase of a Membership directly from AdventurePass or a
Retail Partner, are not eligible for a refund. Shipping and handling charges are
not refundable. In order to receive a prompt refund, you must
mail back your unused AdventurePass Membership Card to the following address:
Refunds, 775 East Blithedale Avenue #264, Mill Valley, CA 94941. AdventurePass
is not responsible for any shipping charges you might incur in connection with
the return of your Membership Card to AdventurePass.
8. Lost Cards Please guard your
Membership Card carefully, as lost or stolen Membership Cards cannot be
replaced.
9. Site Use AdventurePass' Site at www.adventure-pass.com offers the
most up-to-date information on the AdventurePass Membership Program benefits,
Providers, special offers and conditions. AdventurePass is not responsible for
third parties restrictions or changes to their offers not communicated to
AdventurePass.
Individuals can join the AdventurePass Membership Program
using the enrollment form located at the above Site. For more information on
Enrollment read the appropriate section above and refer to our Privacy Policy.
The Site is the most complete source for AdventurePass
Membership benefits and promotions. When you wish to purchase services through
the Site or a Provider web site, you may be required to enter your AdventurePass
Member number online in order to receive a promotion.
Requesting Help Online: You may contact our Member Services
department online by e-mailing your concerns, questions or suggestions to
contact@adventure-pass.com.
10. Searching for Promotions and Purchasing Online
AdventurePass Members can search for promotions and participating Providers
online at www.adventure-pass.com.
Some offers or promotions may not be available at all times. You should contact
the Provider to confirm that they offer a promotion.
Even though AdventurePass takes commercially reasonable
efforts to keep the listing of Providers and the promotions offered by them
up-to-date, AdventurePass is not responsible for incorrect or incomplete
information regarding Providers or their offers. You may submit corrections to
contact@adventure-pass.com
11. Provider Disputes AdventurePass is
not responsible if a Provider changes its promotion due to new ownership or
acquisition. If you have a Provider dispute to report, AdventurePass will take
commercially reasonable efforts to solve the dispute on your behalf. You may
report Provider disputes by emailing us at
info@adventure-pass.com . Reports
must be submitted in written form and include the following information:
Provider name, Provider address, date of purchase, promotion denied and purchase
information.
12. E-mail Preferences Members have the
option to receive AdventurePass e-mail updates when they sign up or when they
register online. AdventurePass uses these updates to provide Members with
additional promotions, special offers, site upgrades, new features, events,
promotions and much more. As a Member, you have the option to e-mail us to opt
out of receiving these e-mails using the link at the bottom of any promotional
e-mail you may receive. You may also opt-out by sending an e-mail to
unsubscribe@adventure-pass.com
and request to be removed from the e-mail update.
AdventurePass reserves the right to e-mail you the information
essential to your Membership (for example, Membership shipment information). You
will not have the option to opt-out of this introductory e-mail.
13. Retail Program AdventurePass allows
third-party organizations and partners to sell AdventurePass Memberships on
behalf of AdventurePass ("Retail Partners"). Retail partners distribute a
package with a promotion code, membership information and instructions to redeem
a permanent AdventurePass Membership card ("Retail Package").
You can purchase a Retail Package using any form of legal
tender accepted by the Retail Partner. AdventurePass is not liable for claims or
promises made by the Retail Partner at the time of sale that are not covered
within these Terms and Conditions.
If you purchase a Retail Package you have 60 days to enroll
online at www.adventure-pass.com.
AdventurePass reserves the right to deactivate any retail package that has not
been converted to a permanent Membership 60 days after it has been purchased.
At participating Provider locations, purchasing a Retail
Package allows you to redeem the regular AdventurePass promotion one time only.
You may not use your Retail Package to claim subsequent promotions at the
Provider locations or promotions at other Providers or online. You must claim
your permanent AdventurePass Membership materials before doing so.
AdventurePass is not responsible if a Partner doesn't honor
the one-time promotion.
Retail Packages are not replaceable. If the Retail Package is
lost or stolen before you can enroll for a permanent AdventurePass Membership
Card as outlined above, AdventurePass is not liable for the loss of the Retail
Package or is it obligated to replace the Retail Package or to enroll you in the
AdventurePass Membership Program without cost.
14. Bulk Enrollment AdventurePass permits
Providers and third-party organizations ("Bulk Partner") to purchase
AdventurePass Memberships in large quantities and to resell or distribute them
to the Bulk Partner's customers/member base ("Bulk Enrollment").
Under the circumstances of a Bulk Enrollment, AdventurePass
collects from the Bulk Partner the information necessary to mail an
AdventurePass Membership Card and AdventurePass Membership package.
If you have received your AdventurePass Membership, but have
not personally enrolled for the Program, the Bulk Partner may have enrolled you
in the program and submitted your information to AdventurePass, but only after
receiving authorization from you to do so. The Bulk Partner, not AdventurePass,
is liable if the Bulk Partner failed to receive your consent. Once we receive
your information, it will be governed by our Privacy Policy.
Once you receive your Membership package and materials you
must visit www.adventure-pass.com to
confirm you received your card and complete any information missing from your
profile.
You cannot request a Membership Fee refund if you were
enrolled in the AdventurePass Membership Program as a result of a Bulk
enrollment sponsored by a Bulk Partner.
15. E-mail As an AdventurePass Member,
you may receive occasional communications from AdventurePass on its own behalf
or on behalf of an AdventurePass Provider or partner through e-mail to the
address you provided through the enrollment process.
16. Changes to Offers or Partners Offers
made available through and/or partners participating in the AdventurePass
Membership program may change from time to time. AdventurePass reserves the
right in its sole discretion to make modifications to the offers and/or the
participating partners at any time. In addition, partners may elect to change
offers from time to time. Members should check the Site for a list of current
offers. If a Member becomes aware of an offer listed at www.adventure-pass.com
that is not being accepted by a partner or a partner listed on the site that is
no longer participating in the Membership program, the Member can notify
AdventurePass by sending an e-mail to
contact@adventure-pass.com.
AdventurePass undertakes no obligation to provide a replacement or substitute
offer for any offer discontinued during the Membership program.
17. Material Submitted by Users Certain
elements of the Site(s) may contain material submitted by users. AdventurePass
accepts no responsibility for the content or accuracy of such material. You may
not use the Site(s) for any unlawful purpose. You acknowledge that any
submissions by you shall be considered non-confidential and non-proprietary and
may be edited, removed, modified, published (including offline/online
advertisements, publications or promotional material), transmitted, and
displayed by AdventurePass. You represent and warrant that no materials of any
kind submitted by you will (a) violate, plagiarize, or infringe upon the rights
of any third party, including copyright, trademark, rights of privacy or
publicity, or other personal or proprietary rights or (b) contain libelous or
otherwise unlawful material. You agree to indemnify, defend and hold harmless
AdventurePass and its agents and affiliates from and against any and all
liability and costs arising from or relating to your breach of any part of this
Agreement. 18. Advertising Material Part
of the Site(s) and certain of the programs contain advertising and other
material submitted to AdventurePass by third parties or products and services
offered by third parties. Advertisers or producers or suppliers of products and
services are responsible for ensuring that material or products/services
submitted for inclusion on the Site(s) or for a program comply with
international and national law. AdventurePass will not be responsible for any
error, omission or inaccuracy in advertising material or for any liability
resulting directly or indirectly from a product or service provided by a third
party, and reserves the right to omit, suspend or change the position of any
advertising material submitted for insertion.
19. Intellectual Property The content
available through the Site(s) is the sole property of AdventurePass or its
licensors and is protected by copyright, trademark and other intellectual
property laws. AdventurePass-owned content received through the Site(s) may be
downloaded, displayed, reformatted and printed for your personal, non-commercial
use only. You agree not to reproduce, retransmit, distribute, disseminate, sell,
publish, broadcast or circulate the content received through the Site(s) to
anyone, including but not limited to others in the same company or organization,
without AdventurePass' express prior written consent.
20. DISCALIMER: Limitation of Liability
The contents of the Site(s) are for general information or use only. They do not
constitute advice and should not be relied upon in making (or refraining from
making) any decision. Due to the number of sources from which content in the
Site(s) is obtained and the inherent hazards of electronic distribution, there
may be delays, omissions or inaccuracies in such content and the Site(s).
ADVENTUREPASS AND ITS AFFILIATES, AGENTS, ADVERTISERS,
SPONSORS AND LICENSORS (THE "ADVENTUREPASS PARTIES") CANNOT AND DO NOT WARRANT
THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, PROVIDERABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SITE(S) OR
THE SITE(S) ITSELF. THE SITE(S) ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. THE ADVENTUREPASS PARTIES SHALL NOT BE LIABLE TO
YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY THEIR
NEGLIGENCE OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING,
INTERPRETING, REPORTING OR DELIVERING THE SITE(S) AND ANY CONTENT THROUGH THE
SITE(S). IN NO EVENT WILL THE ADVENTUREPASS PARTIES BE LIABLE TO YOU IN RELIANCE
ON SUCH CONTENT OR THE SITE(S). THE ADVENTUREPASS PARTIES SHALL NOT BE LIABLE TO
YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE
DAMAGES OR ANY OTHER DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE LIABILITY OF THE ADVENTUREPASS PARTIES, IF ANY, ARISING OUT
OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY
CONNECTED WITH THE SITE(S) OR THE CONTENTS OF THE SITE(S) SHALL NOT EXCEED THE
AMOUNT YOU PAID TO ADVENTUREPASS FOR THE USE OF THE SITE IN THE 12 MONTHS
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THE ADVENTUREPASS
PARTIES MAKE NO WARRANTY THAT THE SITE(S) OR CONTENTS OF THE SITE(S) ARE FREE
FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE
PROPERTIES.
Certain links on the Site(s) lead to resources located on
servers maintained by third parties over whom AdventurePass has no control.
AdventurePass accepts no responsibility or liability for any of the material
contained on those servers.
21. Participant Release, and Acknowledgement of Risk
The content available through the Site(s) contains information
describing and related to “Adventure Activities”, defined as any activity
described, referenced, or made available by or through the Site(s). If you
choose to participate in any Adventure Activity, you: (A)
Acknowledge that all Adventure Activities entail known and unanticipated risks,
which could result in physical or emotional injury, paralysis, death, or damage
to your self, to property, or to third parties. You understand that such risks
simply cannot be eliminated without jeopardizing the essential qualities of the
activity.
The risks include, among other things: falling, collision, upset, striking
obstructions or other person, unsafe speed of travel for conditions, head
injuries, equipment failure, weather conditions including temperature exposure
(hypothermia, sunstroke, sunburn, heat exhaustion), dehydration, and highway or
roadway vehicles. Furthermore, Providers have difficult jobs to
perform. They seek safety, but they are not infallible. They and their staff,
managers, and directors might be unaware of a participant's fitness or
abilities. They might misjudge the weather, the elements or the terrain. They
may give inadequate warnings or instructions, and the equipment being used might
malfunction. (B) You expressly agree and promise to accept and
assume all of the risks existing in Adventure Activities. Your participation in
Adventure Activities is purely voluntary, and you elect to participate in spite
of the risks.
(C) You hereby voluntarily release, forever discharge, and
agree to indemnify and hold harmless AdventurePass from any and all claims,
demands, or causes of action, which are in any way connected with my
participation in Adventure Activities.
(D) You certify that you have adequate insurance to cover any
injury or damage you may cause or suffer while engaged in Adventure Activities
or else you agree to bear the costs of such injury or damage your self. You
further certify that you have no medical or physical conditions that could
interfere with your safety in Adventure Activities, or else you are willing to
assume -- and bear the costs of -- all risks that may be created, directly or
indirectly, by any such condition.
(E) By freely electing to participate in Adventure Activities,
I acknowledge that if anyone is hurt or property is damaged during my
participation in Adventure Activities, I may be found by a court of law to have
waived my right to maintain a lawsuit against the AdventurePass on the basis of
any claim from which I have released them herein. I have had sufficient
opportunity to read this entire document. I have read and understood it, and I
agree to be bound by its terms.
22. Miscellaneous AdventurePass may
discontinue or change the Site(s) or its programs, or the availability to you at
any time, and you may terminate your use at any time. These Terms and Conditions
are personal to you and you may not assign your rights or obligations to anyone.
If any provision in these Terms and Conditions or any unique program agreement
is invalid or unenforceable under applicable law, the remaining provisions will
continue in full force and effect. 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
Site(s) shall be brought exclusively in the federal or state courts located in
San Francisco, California and you irrevocably agree to submit to the
jurisdiction of such courts.
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