VACATION PLUS CLUB MEMBERSHIP AGREEMENT
MEMBERSHIP AGREEMENT (hereinafter the
“Agreement”) made between Vacation Plus Club, LLC (herein after “VPC” , “Us”,
or “We”) and the person(s) specified on the Vacation Plus Club membership
application form (hereinafter “You” or “Member”), with respect to a service
being provided to Member by VPC (hereinafter “Program”), as more fully
described in the Program Membership Website (hereinafter the “Website”).
1.
Description of
Program: The program
consists of certain travel-related products and services (collectively
“Benefits”) as described in the Website.
The terms and Benefits of the Program are subject to change from time to
time by VPC and without prior notice to You. You may call the Customer Service Department
number listed, and at the time specified, in the Website at any time in order
to check your membership status in the program.
YOU AUTHORIZE VPC TO PERIODICALLY
SEND EMAILS TO THE EMAIL ADDRESS REGISTERED WITH YOUR MEMBERSHIP REGARDING
SPECIAL OFFERS, UPCOMING EVENTS AND OTHER PRODUCTS. AS MORE FULLY DESCRIBED IN SECTION 6 BELOW,
YOU UNDERSTAND AND AGREE THAT ALL BENEFITS OFFERED THROUGH THE PROGRAM ARE
PROVIDED BY THIRD-PARTY SUPPLIERS (HEREINAFTER “SUPPLIERS”) AND NOT VPC. ALL QUESTIONS REGARDING THE PROVISION AND
AVAILABILITY OF BENEFITS OFFERED THROUGH THE PROGRAM SHOULD BE DIRECTED TO THE
SUPPLIER OFFERING THE PARTICULAR BENEFIT.
WITHOUT LIMITATION OF THE FOREGOING, EACH BENEFIT OFFERED BY A SUPPLIER
MAY BE SUBJECT TO CERTAIN TERMS, CONDITIONS OR LIMITATIONS, AND MAY BE SUBJECT
TO CHANGE. YOU ARE ADVISED TO CONSULT
WITH EACH SPECIFIC SUPPLIER AS TO THE AVAILABILITY OF AND CONDITIONS AND
RESTRICTIONS OF EACH BENEFIT.
2.
Membership and Use: During the Term (as hereinafter defined), VPC
agrees to provide the Program to You, subject to the
terms and conditions of this Agreement.
You may not transfer or assign your membership in the Program or any
benefits thereof except as otherwise provided in this Agreement. You understand and agree that participation
in and use of the Program applies only to You for your
own personal benefit. For purposes of
this Agreement, “You” shall include members of your immediate family residing
in your household. You may not use the
Program for any purpose not expressly authorized either by this Agreement or by
the Website, including, without limitation, for any commercial purpose, or the
sale or resale of any Benefit available through the Program. You agree to indemnify and hold VPC harmless
from and against any and all claims, losses, and liabilities arising from, or
in connection with your use of, or anyone You authorize to use, the Program,
any breach of any representation or warranty hereof, or the violation of any
provision of this Agreement or the Website.
You are responsible for all use of the Access Card and will immediately
notify VPC of any unauthorized use, theft or misplacement of the Access
Card. Upon the request of VPC, or the
termination of this Agreement, You must immediately return the Access Card to
VPC. Any information obtained by VPC in
connection with your membership application and use of the Program is subject
to the Vacation Plus Club, LLC Privacy Policy.
3.
Membership
Fee: VPC will charge You
a monthly or annual fee for your participation in and use of the Program. This fee (hereinafter the “Membership Fee”)
will be the amount that You agreed to pay at the time of your initial
enrollment in the Program, as such Membership Fee may be changed from time to
time by VPC in accordance with the terms of this Agreement. The Membership Fee will be charged to the
credit card or other billing vehicle (such as a paycheck) authorized by you on
the day that your membership application is approved by VPC (the “Start Date”)
and every month or year thereafter, provided your membership is not cancelled
by You or VPC in accordance with the terms hereof. You many change your Billing Vehicle at any
time by following the Paypal procedures
for canceling a subscription or recurring billing.. If VPC is unable to charge your specified
Billing Vehicle at any time, We reserve the right to
terminate your membership in the Program.
Members will be notified prior to any effectiveness of a change to the
Membership Fee.
In addition to all
other information that You provide in our Program application form, as a
condition of membership You represent and warrant that (1) You are at least 18
years of age, (2) your registration
information, including but not limited to, your Billing Vehicle information, is
accurate and current, (3) You will update your registration information
immediately upon effectiveness, and (4) You have the right to grant VPC the
right to access and bill the Billing Vehicle that you provide to VPC.
4.
Term Renewal: This Agreement and VPC’s
provision of the Program to You, shall begin on the Start Date and continue
until the same date next month following your Start Date ( “Initial Term”),
provided that upon the end of the Initial Term, your membership shall
automatically renew uninterrupted for additional monthly or yearly periods (
each a “Renewal Term”, collectively with the Initial Term, the “Term”)
(provided your Billing Vehicle is valid and not rejected) until You or VPC
cancel your membership in the Program.
PLEASE NOTE: UNLESS WE TERMINATE
YOUR MEMBERSHIP OR YOU HAVE CANCELED YOUR MONTHLY SUBSCRIPTION OR RECURRING
BILLING IN ACCORDANCE WITH PAYPAY PROCEDURES , THIS
AGREEMENT AND YOUR MEMBERSHIP IN THE PROGRAM WILL RENEW AUTOMATICALLY AND VPC
WILL CHARGE YOUR BILLING VEHICLE FOR SUCH RENEWAL. IF YOU DO NOT CANCEL, YOU HEREBY AUTHORIZE
VPC TO CHARGE THE MEMBERSHIP FEE TO THE BILLING VEHICLE THAT YOU INITIALLY
AUTHORIZED.
5.
Termination: VPC may terminate this Agreement and your
participation in the Program for any reason at any time. If VPC terminates your membership in the
Program, You will not be entitled to receive any refund of any Membership Fee.
5.2
Termination by You: You may cancel your membership at anytime.
You have the sole responsibility of ensuring that your subscription payments
will be discontinued if You should decide to cancel
your membership. VPC will NOT have access to any of your Billing Vehicle
information as Billing processing will be done through
the Paypal merchant processing system. Cancellations
must be done by You by accessing your own Paypal account and canceling the subscription payment to
VPC in accordance with Paypal procedures.
6.
Disclaimer of
warranties and Limitation of Liability:
VPC’s sole obligation is to operate Program in
accordance with the terms of this Agreement.
You understand and acknowledge that VPC’s role
in providing the Program is limited only to acting as an agent for the sole
purpose of offering the services described above and is not, and will not be
deemed to be a merchant, vendor, retailer, or supplier of any Benefit on the
terms offered by a Supplier through the Program. VPC will have no liability to any Member or
any other person for any claim, injury or damage arising out of (i) the failure of any participating Supplier to offer any
Benefit the terms offered, (ii) any delay in delivery of any Benefit,
regardless of the cause of such delay or (iii) any defective or nonconforming
Benefit or warranty, or replacement services regarding such Benefit. VPC MAKES NO WARRANTY, EXPRESS OR IMPLIED,
WITH RESPECT TO THE PROGRAM, OR ANY BENEFIT ADVERTISED, PURCHASED OR OBTAINED
BY MEMBERS, THROUGH THE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND VPC EXPRESSLY DISCLAIMS
ANY IMPLIED WARRANTIES TO THE ENTENT PERMITTED BY LAW. VPC WILL NOT, UNDER ANY CIRCUMSTANCE, BE
LIABLE FOR SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR
ATTORNEYS’ FEES OR COSTS ARISING OUT OF ANY MEMBER PARTICIPATION IN AND USE OF
(OR INABILITY TO USE) THE PROGRAM. VPC will
have no liability for any cause beyond VPC’s
control. If for any reason any
disclaimer found to be defective or unenforceable, then the only recourse that
Member will have against VPC is to cancel the membership and receive a full
refund of the Membership Fee paid for the then-current month. If You are not
satisfied with any Benefit purchased or obtained through the Program, You agree
that You will only seek relief from, and your sole recourse will be against,
the Supplier of such Benefit. VPC will
not be responsible for any errors or omissions, price changes, or out-of-stock
items. All of the Program’s Benefits,
products and services are void where prohibited by law.
7.
Taxes: All sales and use taxes, if any due and
payable on the products or services will be paid by You
and VPC will have no responsibility or liability for such taxes. However, if VPC or any taxing authority
determines at any time that it is necessary for VPC to collect such taxes, You authorize the amount of such taxes, including back taxes,
to be billed to the Billing Vehicle to which your initial Membership Fee was
billed or to your current Billing Vehicle on file.
8.
Entire Agreement: This agreement represents the entire
understanding of the parties with respect to the subject matter hereof and will
supersede any and all prior oral or written communication representations or
agreements, other than with respect to the initial Membership Fee that You
agreed to pay at the time You submitted your membership application form to
VPC.
9.
Severability: If any of the terms or provisions hereof is
held to be invalid or unenforceable, the remaining terms and provisions hereof
will not be affected thereby.
10.
Notice: In order for you to receive emails regarding
such items as but not limited to, additional benefits, new features,;private
policy changes, changes to the membership agreement, special discounts, you
must notify VPC of the email address that you would like VPC to use for such
matters. You can notify VPC of changes to your email address by using the
contact information posted on the Website.
11.
Non-Assignability:
You may not assign this Agreement or any of the rights or obligation in
the Program, in whole or in part, without the prior written consent of
VPC. VPC may assign this Agreement in
whole or in part in any manner at its discretion.
12.
Governing Law: This Agreement will be governed by and
construed in accordance with the laws of the State of