The parties agree as follows:
Term. The term of this Agreement (the "Term") shall begin and shall become effective as of the date above and remain in force until terminated by either party as provided by this Agreement.
Enrollment Fees: The mem bership annual fee of only $195.00 will be charged to you checking account or credit card of record within 1 to 2 days after enrollment. Should you wish to cancel within 30 days you may email our customer service department at customerservice@99vacation.com.
Payment Terms: Monthly Payments for the client requests sent by 99vacation.com will be billed monthly with payment due upon of receipt of the invoice. The invoice will be emailed on the first day of the following month.
Cancellation Policy: You can cancel within 30 days to stop all future billings and your membership at anytime. If you cancel after 30 days any refund will be prorated and a refund will be issued based on the unused portion of your annual fee.
Refunds: Refunds of membership fees debited from checking or savings accounts will be mailed to your address via check 14-21 business days from the date of cancellation. Fees debited from credit cards will be refunded back to that card in 5-7 business days from date of cancellation. Any initial processing/handling fees are non-refundable.
Returned and NSF ACH Payments: In the event that your membership fee is returned due to non-sufficient funds, 99VACATION.com may immediately attempt to collect the full amount by presenting the ACH authorization a second time to your original banking institution or elect to split your payment into a lesser payments and resubmit to your bank in equal amounts over 2 to 3 consecutive months.
Membership Terms: Your membership is effective for a period of twelve months following enrollment date under the annual membership plan. RENEWAL will be on an annual basis. Each year your annual dues will be automatically debited from your checking account on file with us, unless you notify us otherwise. A written notification and reminder will be mailed to you thirty (30) days prior to your renewal date. Upon renewal, you will be issued a new membership materials and continue to have access via the internet. This is known as a Continuity Plan. We reserve the right to increase or decrease the Renewal Fee for each new Membership Term.
General Provisions. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas. Any civil action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Texas in Harris County. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. If any provision of this Agreement or any other Agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible.
The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only by a writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. Principal shall not assign his or its rights and/or obligations under this Agreement without the prior written consent of 99vacation.com. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. 99vacation.com reserves the right to modify, change or amend pricing, delivery and data format at any time upon written notice to Principal.
All notices, requests, demands, consents, approvals, designations and other communications called for or contemplated by this Agreement shall be in writing and shall be deemed given to the party to whom addressed (i) when delivered to such party by hand, (ii) one business day after being sent to such party by overnight courier, email or facsimile transmission, or (iii) three business days after being sent to such party by registered or certified mail (return receipt requested, postage prepaid), in each case at the address for such party set forth below (or at such other address as such party may designate by notice in the manner aforesaid):
Limitation of Liability. 99vacation.com SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR AGAINST INFRINGEMENT. 4vacations.com SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, RESULTING FROM OR CAUSED BY 4VACATIONS.COM’s SERVICE OR FAILURE TO SERVICE ANY TRAVEL QUOTE REQUESTS, OR THE ACCESS OR USE (OR INABILITY TO USE) THEREOF.