VETERANS ADVANTAGE MEMBER AGREEMENT: TERMS AND CONDITIONS

• Credit/Debit Card Storage: As a convenience to our members, VA may keep credit/debit 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, VA has implemented a service plan that provides for automatic yearly renewals. Unless you notify us that you do not plan to continue with membership at least 30 days prior to your renewal date, your credit/debit card on file will be charged a processing fee of $4.95, and your new membership card will be ordered and shipped in time to replace your expiring card. On your renewal date, VA will automatically renew your membership and you will be billed the fee for a full one year term. This service plan will be provided each year until which time you notify us you no longer wish to continue as a member. If your credit/debit card account cannot be charged, we’ll bill you directly instead. Please note: The Subscription Service Plan is not available for multiple year memberships. To order a renewal of three or five years, you must go online and login to YOUR ACCOUNT, the private membership account area that is provided for you, and click on the Renew Now link. You may also click on Renew Today on the VeteransAdvantage.com Home Page or call toll free 1-866-VET-ASSIST (838-2774).

• Right to Subscription Service Plan: This 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 VA up to 30 days prior to your renewal date by calling 1-866-838-2774. VA can only guarantee non-interruption of membership services and benefits for members enrolled in the VA Subscription Service Plan. For members not in the Subscription Service Plan, membership renewals may take 4-6 weeks to process.

• Purchasing and Billing with Veterans Advantage 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 instantaneously. Given the unique nature and high monetary value of the benefits of the program, VA has a strict "no return, no refund" policy. You can cancel your membership at least 60 days prior to your next member renewal date. All cancellations must be made in writing using the VA cancellation form. VA reserves the right to cancel your membership if we are unable to verify your, or your family’s, service record. 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. You have the right to cancel the 30-day trial by submitting an email to us within the 30 days (see Contact Us page on the footer of each page of VeteransAdvantage.com or click here) or by calling customer service toll-free at 1-866-VET-ASSIST.

• 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, Veterans Advantage and its insurance provider are not liable for any payment as a result of an insurance claim against Veterans Advantage or its insurance provider.

• 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 and military information about yourself or your family members.
  
  You agree NOT to:

• Use incognito names when registering or communicating with us.

• Use your access to VA for any commercial purpose or sell memberships without permission from VA.

• Republish information found in the site without first obtaining written permission from VA.

7. Other Important Rules:

• VA 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, VA has the right to terminate your membership without refunding your member fees. In the event of a serious violation (as solely determined by VA) VA 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.veteransadvantage.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 VA 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 VA. Unauthorized use of the site is a violation of VA and its licensors’ rights. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are the property of VA, 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 VA 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 VA 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. VA, AND VA’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 VA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.  VA 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 VA ceases operations, you agree that VA 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 VA  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 VA 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 VA by attempting to divert traffic from the site.
You shall indemnify and hold harmless, and at VA’s request defend, VA, 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. VA 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: VA reserves the right to discontinue, delete and change the content or purposes of the site from time to time. VA 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, VA 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 VA’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 VA 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 VA if you fail to comply with any provision of this agreement. VA 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.veteransadvantage.com site and the Veterans Advantage Card Program. Please understand that these rules help protect the integrity of the program for all of our members.