Frübbel, LLC. DBA Journey Pass
Membership Program Terms and Conditions
1. APPLICATION FOR ENROLLMENT AND FEES. You may apply for enrollment in the Journey Pass Membership Program (the “Program”) offered by Frübbel, LLC., a FLorida Limited Liability Company, DBA Journey Pass (“Journey Pass”) by submitting a completed enrollment application via telephone, online or in print. Submitting your application indicates your agreement with and acceptance of these Terms and Conditions, as may be amended from time to time by Journey Pass in its sole discretion. Journey Pass may amend these Terms and Conditions, at any time, by posting the amendments on Journey Pass’s company website, www.journeypass.com. All amendments to these Terms and Conditions shall automatically be effective upon the effective date specified in the posting or, if no effective date is specified, 30 calendar days after they are posted on www.journeypass.com. You may purchase a subscription to JourneyPass.com under the offer terms disclosed to you at the time of purchase. That disclosure will include the subscription duration and related fees billed to your selected form of payment. The Monthly retail price of the JourneyPass.com subscription is $29.95. We also offer promotional trials/bundles and the exact terms of the trial including duration and billings will be disclosed to you at the time of enrollment with reminders sent as required by law and/or payment provider. Unless you log into JourneyPass.com to cancel or cancel by calling 1-800-264-4164 we will continue to bill your selected form of payment automatically under the offer terms disclosed to you during your enrollment. If you wish to cancel at any point in the future please login in to cancel or call 1-800-264-4164 to cancel and we will discontinue future billing. You understand that you must receive a cancellation confirmation number from us to confirm your cancellation. Unfortunately, we are unable to refund fees from previous billing cycles.
a. Your Certification by Journey Pass as a Member. You will become an active Member of the Program (“Member”) immediately upon (i) Journey Pass’s certification of you as a Member of the Program (“Membership”), and (ii) Journey Pass’s receipt and collection of your Membership Fees, if applicable. Journey Pass’s certification may include, but is not limited to, receipt of a completed enrollment application from you If your Membership is not certified, Journey Pass will refund your Membership Fees if applicable.
b. Memberships Obtained Through Authorized Resellers
If you submitted your enrollment application and/or paid your Membership Fees to a Journey Pass authorized reseller, then your status as a Member will be subject to Journey Pass’s receipt of your completed enrollment application and Membership Fees, if applicable from such Journey Pass authorized reseller. If Journey Pass does not receive either your completed enrollment application or your Membership Fees, if applicable from the authorized reseller, Journey Pass shall have no obligation to enroll you in the Program or activate your status as a Member. You agree to release Journey Pass from any claim related to the submission of your enrollment application or payment of your Membership Fees, if applicable to a Journey Pass authorized reseller.
c. Your Membership Term; Recurring Renewal
At the expiration of your trial period, unless otherwise stated in a specific promotional offer, your Membership has a term of one (1) month from the date you are certified in Journey Pass’ membership tracking system, based on the agreement at the time of enrollment. Unless you elect to cancel your Membership by contacting Journey Pass in accordance with the policy stated in paragraph 6b of these terms and conditions, prior to the expiration date of your current Membership month or Journey Pass elects not to renew your Membership, your Membership will be renewed for successive one (1) month terms, subject to payment and collection of the applicable Renewal Fee(s). Journey Pass reserves the right to amend the Renewal Fee(s) at any time by posting the amended Renewal Fee(s) on www.journeypass.com.
d. Contact Journey Pass With Questions About Your Membership
If you have any questions regarding your Membership, you may contact Journey Pass by visiting www.journeypass.com.
e. You may not enroll in more than two (2) FRÜBBEL,LLC Memberships online during any fourteen (14) calendar day period. If more than two (2) are enrolled during this designated period, FRÜBBEL,LLC reserves the right to cancel and refund all memberships.
3. MEMBERSHIP DUTIES AND OPPORTUNITIES.
a. Membership Duties. As a Member, you shall comply with these Terms and Conditions and the guidelines contained in the Program materials provided by Journey Pass and available on www.journeypass.com (collectively, the “Guidelines”), as the same may be amended by Journey Pass from time to time in its sole discretion.
4. REBATES PAYABLE TO YOU.
a. Travel Rebates Payable to You. Journey Pass will pay you a rebate not to exceed five percent (5%) of the base price of the travel you’ve booked for travel on participating travel suppliers, not to include taxes and fees paid (“Rebates”). Journey Pass reserves the right to pay Rebates to its Members only when they have accumulated a minimum of $35.00 in earned rebates. FRÜBBEL,LLC further reserves the right to pay rebates in the form of a travel credit or other compensation equal to the amount of the Rebate earned. Upon termination of your Membership, you agree to forfeit and waive all rights to any pending Rebates related to your transactions as a Member of Journey Pass unless otherwise prohibited by law. In the event that you fail to comply with any of these Terms and Conditions or the Guidelines or you owe any amounts due to Journey Pass, its partners and/or suppliers, Journey Pass reserves the right to retain any and all Rebates earned by you for any balances due Journey Pass, Journey Pass’s suppliers. Journey Pass reserves the right to cancel your membership if your membership or the benefits of the membership are being used by anyone outside of your immediate family or in a manner prohibited by the terms of your membership.
b. You Are Responsible for Taxes Payable on Payments Made to You by Journey Pass
Journey Pass will not withhold any taxes from any payments made to you pursuant to these Terms and Conditions. Journey Pass has not, is not and shall not be obligated to make, and it is the sole responsibility of you to make all periodic filings and payments required to be made in connection with any withholding taxes, FICA taxes, federal unemployment taxes, and any other federal, state or local taxes, payments or filings required to be paid, made or maintained in connection with any payments made to you by Journey Pass.
c. Members Who Are Not United States Residents or Citizens
If you are, or if you place an order on behalf of, a resident and/or citizen of a country other than the USA, you acknowledge that applicable laws, regulations, taxes, and tariffs, as well as factors including, but not limited to, costs and charges associated with foreign shipping and handling, exchange rate fluctuations, and points of origin/destination, may reduce or eliminate benefits of doing business as a Member with Journey Pass that would otherwise be available to a resident and citizen of the USA.
5. PAYMENT OF AMOUNTS YOU OWE TO Journey Pass.
a. Payment Authorization. You authorize Journey Pass to collect payment of your Membership Fees, Renewal Fee(s) and any other charges, if applicable, by charging any billing vehicle Journey Pass has on file for you.
b. Payments Not Collected
If Journey Pass is unable to collect the full amount or any amount of a payment due and payable to Journey Pass for your Membership or, Renewal, Journey Pass reserves the right to terminate or suspend your Membership without notification. In addition, in the event we are unable to collect all or any portion of any payment billed to your credit card, you will be charged a fee in the amount determined by applicable law. Upon receipt of the total amount due, Journey Pass may reactivate your Membership subject to receipt of late fees, which may be charged to the maximum extent required by law. Journey Pass also reserves the right to accelerate any and all balances for payments due for Membership and/or Renewal Fees should you default on your agreed payment plan.
c. Collections of Monthly Fees by Third Party Agencies
Journey Pass reserves the right, in its sole discretion, at any time during the Membership contract to sell or assign any payments due from you to Journey Pass to a third party for collection. These payments include, but are not limited to, monthly Membership Fees, Renewal Fees as well as any other fees.
For Iowa Residents
You will have three days from the date of purchase to cancel your membership and receive a full refund. Should you wish to receive a full refund, you may email us at email@example.com, providing us your name and the telephone number you provided at enrollment and we will credit the full amount paid, providing you have contacted us within the three days of your purchase date.
Notice to Florida Residents
“MEMBER’S RIGHT TO CANCEL”:
If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the club to firstname.lastname@example.org or 1060 Maitland Center Commons, Suite 340, Maitland, FL 32751. To prove that you canceled, it is recommended that you send the notice by certified mail. The notice shall state that you do not wish to be bound by the contract and shall be delivered or mailed before 12 midnight of the third business day after you sign this contract. The notice shall be delivered or mailed to: Go Shop and Save 1060 Maitland Center Commons, Suite 340, Maitland, FL 32751. If you cancel, the club will return, within 10 days of the date on which you give notice of cancellation, a total refund. It is recommended that you mail the notice of cancellation by certified mail, return receipt requested; check with your post office as to the time when you will be able to mail a certified letter. Be sure to keep a photocopy of the notice of cancellation which you mail.
Notice to Colorado Residents
“PURCHASER’S RIGHT TO CANCEL”:
THE PURCHASER MAY CANCEL THIS CONTRACT FOR ANY REASON AT ANY TIME PRIOR TO THE CLOSE OF BUSINESS ON THE NEXT BUSINESS DAY FOLLOWING THE DAY THE PURCHASER SIGNS THE MEMBERSHIP CONTRACT BY DELIVERING OR MAILING TO THE BUYERS’ CLUB WRITTEN NOTICE OF CANCELLATION. NOTICE OF CANCELLATION, IF SENT BY MAIL, IS DEEMED TO BE GIVEN AS OF THE DATE THE MAILED NOTICE WAS POSTMARKED. YOU MAY CANCEL BY EMAIL AT CONTACT@JOURNEYPASS.COM OR BY MAIL AT 1060 MAITLAND CENTER COMMONS, SUITE 340, MAITLAND, FL 32751.
Notice to California Residents
This contract for discount buying services may be canceled at any time within three days after the date of receipt by the buyer of a copy of the contract by written notice either by email at email@example.com or by mailing a notice that you wish to cancel to 1060 Maitland Center Commons, Suite 340, Maitland, FL 32751. The cancellation date shall be effective on the date the email is received by us (in the case of email) or on the postmark date.
6. TERMINATION, CANCELLATION OR EXPIRATION OF YOUR MEMBERSHIP.
a. Termination of Your Membership. In the event that you fail to comply with any of these Terms and Conditions or the Guidelines, Journey Pass may immediately terminate your Membership. If your Membership is terminated by Journey Pass for any reason, you will not be entitled to any refund of payments or Membership Fees. In the case where such a third party reseller enrolled you and collected your Membership Fees, you agree that all refunds shall be paid to you from such third party reseller.
b. Cancellation of Your Membership
You may cancel your Membership by notifying Journey Pass via telephone at the telephone number provided to you at enrollment, during Journey Pass’s normal operating hours, and within the time period allotted as stated at the time of enrollment. Should you elect to cancel your Membership, once Journey Pass is contacted via telephone on the number it has directed you to use for cancellations, a cancellation number will be issued to you provided you are calling to cancel within the cancellation period. Providing all cancellation requirements described in this section have been met within the cancellation period provided, you will owe nothing further and your membership and its associated services will be discontinued. Shipping and, processing fees are not subject to a refund if the membership materials have been shipped pursuant to our agreement at the time of enrollment.
7. YOUR WARRANTIES AND INDEMNITY.
a. Your Warranties to Journey Pass. You warrant and represent that: (i) all information provided as part of your enrollment application to become a Member is current, complete and correct; (ii) you are at least eighteen (18) years of age; and (iii) you will notify of Journey Pass of any change of information (including credit card information) as soon as practicable after such change.
b. You Indemnify the Journey Pass Group
You shall indemnify and hold Journey Pass and Journey Pass’s employees, contractors, officers, directors, shareholders, agents, members and/or affiliates (collectively, the “Journey Pass Group”) harmless from and against any and all claims suffered by any of the Journey Pass Group arising out of or in respect of (i) any violation of law by you, (ii) fraud, misrepresentation, willful misconduct or gross negligence on the part of you, (iii) any violation of these Terms and Conditions or the Guidelines by you, and (iv) any costs, fees, expenses, liabilities or penalties associated with any withholding taxes, FICA taxes, federal unemployment taxes, and any other federal, state or local taxes, payments or filings required to be paid, made or maintained in connection with any payments made to you by Journey Pass.
8. Journey Pass’S COLLECTION OF INFORMATION AND PRIVACY OF YOUR INFORMATION.
Some of the ways Journey Pass accumulates and uses your personal information include, but are not limited to the following: Journey Pass uses the information it collects about you to process orders and to provide better service. When you make a reservation using Journey Pass’s services, Journey Pass may need to know your name, email address, mailing address, phone number, credit card number, and expiration date. This allows Journey Pass to process and fulfill your order and to notify you of your order status. When you enter a contest or other promotional feature, Journey Pass may ask for your name, address, phone number and email address so it can administer the contest and notify winners. Journey Pass personalizes your experience online by using your contact with Journey Pass’s websites to shape Journey Pass’s recommendations about Journey Pass content that might be of interest to you. Journey Pass also monitors customer traffic patterns and website usage to help it develop the design and layout of the site. Journey Pass may also use the information it collects to occasionally notify you about important changes to its services, new services and special offers. In addition, Journey Pass may choose to sell, trade, or rent your personal information to third parties. Such third parties may use your information for a variety of reasons including, but not limited to soliciting you for offers of products and/or services. OPTING OUT-If you would rather not receive information from Journey Pass or do not want Journey Pass to disclose your information to unrelated third parties, please send Journey Pass an email notification at firstname.lastname@example.org or in writing to Journey Pass. You agree to allow Journey Pass up to thirty (30) days for the change to take effect in Journey Pass’s system.
9. DISCLAIMER OF WARRANTY.
In the event that any travel product or service provided by a third party supplier is unsatisfactory to you, you will look solely to the provider of the product or service for rectification. All warranties, expressed or implied, related to travel products provided by a third party supplier are the responsibility of the third party supplier. Journey Pass DOES NOT MAKE ANY REPRESENTATIONS AS TO THE QUANTITY OR QUALITY OF SPECIAL TRAVEL OPPORTUNITIES, DISCOUNTS OR OTHER BENEFITS THAT MAY BE OFFERED BY Journey Pass. YOU UNDERSTAND AND AGREE THAT, AS PART OF THE OVERALL PRICE PAID FOR YOUR MEMBERSHIP, Journey Pass PROVIDES SUPPORT AND THE PROGRAM “AS-IS” AND WITHOUT WARRANTY OF ANY KIND OTHER THAN AS EXPRESSED AND SET FORTH IN THESE TERMS AND CONDITIONS. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED BY Journey Pass, SUPPORT AND THE PROGRAM, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, BY Journey Pass, ITS AGENTS, REPRESENTATIVES OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.
10. LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT WILL Journey Pass OR ITS AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST DATA, DELAYS, LOST PROFITS, LOSS OF REVENUE OR ANY OTHER ECONOMIC LOSS, COST OR EXPENSE ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EVEN IF Journey Pass OR ITS AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Journey Pass BE LIABLE FOR ANY TYPE OF LOSS TO YOU CAUSED BY AN EVENT BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, GOVERNMENT RESTRICTIONS, NATURAL DISASTERS, TERRORIST ACTS, WARS, RIOTS, STRIKES, AND OTHER ACTS OF GOD. IN NO EVENT WILL Journey Pass’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEED THE LESSER OF Journey Pass’S REVENUES RECEIVED DIRECTLY FROM YOU UNDER THESE TERMS AND CONDITIONS IN THE SIX (6) MONTHS PRECEDING THE DATE THE CAUSE OF ACTION ARISES OR FIVE HUNDRED DOLLARS ($500). IN NO EVENT WILL YOU BRING ANY ACTION AGAINST Journey Pass MORE THAN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ARISES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
a. All Disputes Shall be Settled by Arbitration. In the event of a dispute between you and Journey Pass, you and Journey Pass agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties’ mutual interests. All disputes shall be submitted to final and binding arbitration to be conducted in Orange County, Florida, or a location closest to Orange County, Florida if no such location for the chosen arbitration body exists there. MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL. The party filing the arbitration must choose one of the following three arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration. American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 100174605 (phone: 8007787879) (http://www.adr.org) .National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 554050191 (phone: 8004742371) (http://www.arbforum.com) .JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 (phone: 9492241810) (http://www.jamsadr.com). In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select another of the firms. Each party will bear its own expenses, and the parties will share equally the filing and other fees of the arbitration firm and the expenses of the arbitrator, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous. The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section. During the pendency of such arbitration and until final judgment thereon has been entered, these Terms and Conditions will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable. In the event that any State or Federal court rules that this arbitration provision is defective in whole or part or permits an action to be filed in a State or Federal court then the parties agree to have their dispute heard before a court located nearest to Orange County, Florida. The parties also agree to have any such dispute heard before a Judge and waive any rights to a Trial By Jury.
The waiver by any party of a breach of any provision of these Terms and Conditions shall not operate as a waiver of a breach of any other provision of these Terms and Conditions by any party.
c. Credit Reports
You authorize Journey Pass to report Journey Pass’s credit experience with you to others solely for (i) collection purposes.
d. Call Monitoring/Recording/Prerecorded Messaging/Predictive Dialing
You understand that Journey Pass may monitor, tape and/or record any conversation that may occur between us. However, Journey Pass is not obligated to do so and it may choose not to do so. You authorize Journey Pass to contact you at their discretion by using prerecorded messaging devices and/or Predictive Dialing devices. If you choose not to be contacted by this method, please contact Member Services.
All notices, requests, consents, and other communications required or permitted pursuant to these Terms and Conditions shall be in writing, including electronic transmission, and shall be, as elected by the person giving such notice, hand delivered by messenger or courier service, or mailed via regular mail, postage prepaid, and addressed to Journey Pass at its principal offices as set forth on www.journeypass.com, and if to you, to the most recent address on record with Journey Pass. Each such communication shall be deemed delivered on the date delivered if by personal delivery, messenger or courier service, or five (5) days from the postmark on such communication.
f. Assignment of Rights and Obligations Under These Terms and Conditions
Journey Pass may assign its rights and obligations pursuant to these Terms and Conditions without prior notice. You may not assign your Membership or your rights or obligations pursuant to these Terms and Conditions.
If any term, condition or provision of these Terms and Conditions or the application thereof to any party or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of these Terms and Conditions shall not be affected thereby. In each other term, condition and provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.
h. Certain Provisions Survive Termination, Cancellation or Expiration of Your Membership
All covenants, agreements, representations and warranties made in these Terms and Conditions shall survive the termination, cancellation or expiration of your Membership.
i. The Headings Are for Convenience of Reference Only
The headings contained in these Terms and Conditions are for convenience of reference only, are not to be considered a part of these Terms and Conditions and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions.
j. Florida Law Governs These Terms and Conditions
These Terms and Conditions and all transactions contemplated by these Terms and Conditions shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, without regard to principles of conflicts of laws.
k. These Terms and Conditions Are Our Entire Agreement
These Terms and Conditions, subject to amendment from time to time, represent the entire understanding and agreement between you and Journey Pass with respect to the subject matter of the same, and supersede all other negotiations, understandings and representations (if any) made by and between you and Journey Pass. These Terms and Conditions shall not be construed more strongly against Journey Pass despite Journey Pass’s responsibility for its preparation.
These Terms, the Program and pricing are subject to change without notice.
Offer not available in Iowa or Indiana