Acceptance. YOUR AGREEMENT WITH THE USAFA ASSOCIATION OF GRADUATES STARTS WHEN YOU ACCEPT THESE TERMS AND CONDITIONS. You represent that you are at least 18 years old and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating Membership; (c) using your Membership after you make a change or addition; (d) paying for the Membership. IF YOU DON'T WANT TO ACCEPT, DON'T DO ANY OF THESE THINGS.
Family Plan Enrollment. Enrollment in the Family Plan Membership is designed to pay for life membership for the cadet, a life membership for the purchaser, and WebGuy access for the purchaser. In order to ensure that the AOG Life Membership is fully subscribed, payments of $36 are collected on the 10th of each month for 48 months. Upon enrollment, you are agreeing to a 12 month minimum commitment.
Upgrades from Class Club. Current Class Club members who wish to upgrade their membership may do so by contacting Membership Services. Depending on their cadet’s class year, there may be a one-time upgrade fee, followed by monthly payments of $36.00 lasting for the term of the payment agreement arranged between the purchaser and the Membership Department.
Cancellation. Membership Cancellation: If you are cancelling prior to your 12 month minimum commitment AN EARLY TERMINATION FEE MAY APPLY IF YOU DO NOT MAINTAIN YOUR AGREED-UPON MEMBERSHIP THROUGH THE END OF YOUR TERM AND YOUR CADET REMAINS AT THE ACADEMY.
You can cancel a new Family Plan Membership without paying an Early Termination Fee if you cancel in writing WITHIN 14 DAYS of activating your account. If you are upgrading from Class Club you may cancel your upgrade WITHIN 3 DAYS of your upgrade. ADDITIONALLY, YOU MAY CANCEL YOUR MEMBERSHIP WITHOUT PENALTY IF YOUR CADET LEAVES THE ACADEMY, EITHER VOLUNTARY OR INVOLUNTARY.
If your Cadet leaves the Academy, monthly recurring charges will be stopped upon notice of their leave.
Your Term of Membership and Termination Fees. Your "Term" is the period of time for which you have agreed to maintain Membership with us; for new members the Family Plan term is 48 months with a 12 month minimum commitment. Upgrades are discussed above. AN EARLY TERMINATION FEE WILL APPLY IF YOU DO NOT MAINTAIN YOUR AGREED-UPON MEMBERSHIP THROUGH THE END OF YOUR TERM. THE EARLY TERMINATION FEE IS: $202.00 MINUS THE AMOUNT ALREADY PAID ON THE ACCOUNT. The Early Termination Fee is part of our rates and is not a penalty. If we terminate your Membership, we will determine the date of termination, and you will be responsible for all Charges through the date of termination.
Dispute Resolution and Arbitration. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR MEMBERSHIP SERVICES, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. We each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. You may pursue your claim in a court only under the circumstances described below. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.
If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to begin arbitration.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this waiver is unenforceable, the arbitration agreement will be void as to you. If you chose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Our Rights to Make Changes. This provision, which describes how changes may be made to your Agreement, is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Membership is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME. YOU MAY CANCEL THE AFFECTED MEMBERSHIP WITHOUT AN EARLY TERMINATION FEE (if applicable) IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S)
(B) WE MATERIALLY DECREASE THE MEMBERSHIP BEEFITS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS’ NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED MEMBERSHIP WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.
Billing. You agree to pay all Charges we bill you or that were accepted or processed through your Device. You agree to provide us with accurate and complete billing information and to report all changes within 30 days of the change.
Payments, Late Fees, Deposits, and Credit Checks. If we do not receive payment in full by the due date your membership may be cancelled. We may use a collection agency and you agree to pay collection agency fees we incur to collect payment. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe. We may require you to use another payment method, and/or immediately suspend or cancel your Membership. We will not honor limiting notations you make on or with your checks.
Your Right to Dispute Charges. Unless otherwise provided by law, you agree to notify us of any dispute regarding your Charges to your account within 60 days after the date you first receive the disputed Charge. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. Unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed charge, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 4 above.
Notices and Customer Communications. You may contact our Customer Service department 719-472-0300 or by writing to: USAFA Association of Graduates, Attention: Membership Services, 3116 Academy Drive, USAF Academy, CO 80840-4475. Notices from us to you are considered delivered when we send them to you by email or fax to any email or fax number you provided to us, or 3 days after mailing to your billing address. Notices from you to us are considered delivered when you send an email or 3 days after mailing to the address above.
Our Rights to Limit or End Membership or the Agreement. WE MAY LIMIT, SUSPEND OR TERMINATE YOUR MEMBERSHIP OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Membership, or any user on your account: (a) breaches the Agreement; (b) provides inaccurate information or credit information we can't verify; (c) transfer(s) Membership to another person without our consent; (d) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law). We may impose credit, usage or other limits to your Membership; suspend your Membership, in our sole discretion and without notice.
Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of the USAFA Association of Graduates or any third party. You agree that a violation of this section harms the USAFA Association of Graduates, which cannot be fully redressed by money damages, and that we shall be entitled to immediate injunctive relief in addition to all other remedies available.
Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCT LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO A REFUND OR REBATE OF THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE MEMBERSHIP OR T-MOBILE DEVICE. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.
Indemnification. You agree to defend, indemnify, and hold us harmless from any claims arising out of use of the Membership, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Membership.
Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we don’t enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 6, if any part of the Agreement is held invalid that part may be severed from the Agreement. You can't assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between us and defines all of the rights you have with respect to your Membership, except as provided by law, and you cannot rely on any other documents or statements by any sales, Membership representatives or other agents. If you purchase a Memberships or content from a third party, you may have a separate agreement with the third party; The USAFA Association of Graduates is not a party to that agreement. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion.
Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which your billing address in our records is located, without regard to the conflicts of laws rules of that state. Foreign laws (except for Puerto Rico) do not apply. Arbitration or court proceedings must be in: (a) the county and state in which your billing address in our records is located, but not outside the U.S.; or (b) in Puerto Rico if your billing address is in Puerto Rico. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.