JUSCOLLEGE LLC BOOKING CONDITIONS
Last Updated: Oct 20, 2022.
CVJV LLC dba JusCollege Booking Agreement
Please carefully and thoroughly read this agreement – it is a legally binding contract.
NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER:
The Agreement contains an arbitration agreement and class action waiver in Section 31. Specifically, you and we agree that any dispute or claim relating in any way to the Agreement, your use of our website, or products or services sold, distributed, issued, or serviced by us or through us, will be resolved by a binding, individual arbitration, rather than in court. By agreeing to individual arbitration, you and we each waive any right to participate in a class action lawsuit or class-wide arbitration. This agreement and waiver—along with some limited exceptions—is explained in Section 30, below.
NOTICE REGARDING FUTURE CHANGES TO AGREEMENT:
As outlined in Section 32, we may make changes to the Agreement at any time. Any changes we make will be effective immediately when we post a revised version of the Agreement on the site. The "Last Updated” date above will tell you when the Agreement was last revised. By continuing to use this site after that date, you agree to the changes.
To the extent that these Agreenebt differ from a prior version of the Agreenebt which you previously agreed to, this version of the Agreement supersedes and governs.
NOTICE REGARDING RELEASE AGREEMENT:
The Agreement contains a release agreement, in Section 3 and Exhibit A. By your use of our website, or products or services sold, distributed, issued, or serviced by us or through us, you agree to be subject to the terms and conditions of the Release Agreement.
All purchases made on the Fuse Technologies, Inc. platform are being sold by CVJV LLC dba JusCollege (“JC,” “we,” “our,” or “us”). When you purchase any product or book any Trip (as defined herein) with JC, You (on behalf of yourself and any of your guests or travelers using any of the products or services of the Trip you are purchasing (“Guests”), will be deemed to have entered into this agreement on behalf of all Guests named in the booking with CVJV LLC dba JusCollege (the “Agreement”).
The Agreement contains the entire understanding between you, the Trip participant (“participant,” “traveler,” “you,” or “I”), Guests, and JC concerning all transactions made with us and to any services or products organized, arranged, or provided by us or a third party, which may include hotel, lodging, or camping accommodations (all encompassed by “Hotel Accommodations”), transportation, admission or entry to an event, and/or additional services not central to any travel component of the booking (e.g., an open bar at a venue, club access, etc.) (“Add-On”) (collectively referred to herein as “Trip”; “Trip” may also be used to refer to one component or some combination therein of our services).
By making any transaction, including, without limitation, the purchase, enjoyment, attendance, or other use of any Trip with/from JC, a third party, and/or the JC website, you (and your parent or legal guardian, if you are a minor) acknowledge and agree to be bound by the terms and conditions outlined in this Agreement and that you are at least thirteen (13) years of age.
If you do not agree to this Agreement, in whole or any part thereof, do not purchase, enjoy, attend, or otherwise use any JC-related Trip and/or service, or enter into any JC-related transaction. Be sure to return to this Agreement periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Agreement without prior notice.
ALL PAYMENTS MADE TO JC ARE NON-REFUNDABLE, REGARDLESS OF THE REASON FOR CANCELING THE TRIP.
You have the choice to pay the Trip cost either in full at the time of booking or in installments. The installment payment schedule for the Trip cost is specific to each Trip and your time of booking and is provided on the Trip booking page.
You are required to make the first payment before JC will review and confirm your booking request. Once the initial payment is received, the purchased goods or services will be set aside and held until the final payment is made. You may pay the remaining balance at any time before the final payment.
Furthermore, you are required to make each additional payment (if any) following the terms and dates provided on the Trip booking page. If you fail to make a payment by the payment due date, we shall be entitled, in our sole direction and with or without prior notice, to (i) charge a $25 missed payment fee, (ii) treat the missed payment as a breach of contract, (iii) cancel your reservation without refund, and (iv) impose the cancellation fees specified in this agreement. We also retain the right to assign your spot to the next eligible traveler on the Waitlist or release your Trip for resale to other travelers.
Your Trip cannot be reinstated after it has been canceled, but JC may, in its sole discretion, (including but not limited to subject to availability), allow you to apply some or all amounts paid by you to another Trip or purchase, minus a $100 fee (“Credited Funds”). Credited Funds have no value other than a credit against a future purchase from JC, and such Credited Funds may expire. Furthermore, the price of your Trip may increase based on the availability of purchased goods and/or services – for example, Your original Trip included certain inclusions/hotels/tickets, but after Your Trip was canceled and at the time you want to re-book and apply Credited Funds, the price for the same package has increased for any reason, You will be required to make the increased price difference for such package.
JC is not responsible for any charges levied or charged by third parties and/or financial institutions resulting from payment transactions related to the purchase of JC Trips or products. Those fees are your responsibility, and we will not refund or reimburse those fees.
If your card payment toward a payment plan is declined, JC reserves the right to attempt to re-run the credit card on file for up to 5 days after the missed payment.
Neither your Trip, nor that of any of your Guests, are finalized until (i) you provide all requested personal details as outlined in Section 13, (ii) your account and your travelers within your room’s accounts are paid in full, (iii) the room is finalized with travelers in your room that you select (which can only be done once your travelers within your rooms’ accounts are paid in full), and (iv) the Hotel Accommodations provider confirms the reservation.
You are responsible for coordinating with your selected travelers within your room for the indicated occupancy and ensuring each of these travelers finalizes their Trip by the indicated deadline. If the travelers within your room that you select fail to finalize their Trip by this deadline, your Trip will not be finalized and JC reserves the right to cancel your Trip without refund and release the Hotel Accommodations, Add-Ons, and any other bookings back into inventory.
If one (or more) of your travelers within your room removes themselves from the Hotel Accommodations or cancels after your Trip is finalized, the remaining travelers in your room will be charged the difference in price between the actual Hotel Accommodation’s occupancy and the intended or paid-for occupancy, or the Hotel Accommodations reservation will be subject to cancellation without refund, or subject to change, including but not limited to change in rooming type and Hotel Accommodations.
We reserve the right to treat any reservation that is not fully paid following the booking and payment terms as a cancellation without refund and subject to the cancellation terms below.
The Trip is non-refundable – if you elect to cancel the Trip or the Trip is canceled due to your failure (or your selected travelers within your room’s failure) to finalize your Trip as outlined in Section 3 above, or any portion of the Trip, no refund will be given for any reason or under any circumstances.
There are no exceptions to this cancellation policy, including but not limited to reasons related to weather; terrorism; civil strife or unrest; airline default; strikes; personal, family, or medical emergencies; or any other circumstances beyond our control. This means that even if you cancel because of medical issues, virus, sickness, quarantine, travel restrictions/warnings, fear of traveling, or any other reason, your booking will be subject to this cancellation and refund policy.
If you are quarantined or a supplier refuses services if you exhibit symptoms of or test positive for infectious disease, we cannot provide refunds for any unused portion of your Trip. Moreover, we will not have any liability to you nor owe you any refund or compensation for loss, damage or injury, or anything else if you are infected with an illness, disease, or sickness during your Trip, or if a third party refuses services (e.g., lodging or transport) because you show symptoms of or test positive for infectious disease or illness before, after or during your Trip. For example, we will not be liable to you if you are: infected with a virus such as a coronavirus at Hotel Accommodations that we book for you, refused service at Hotel Accommodations, or are unable to board a plane to or from your Trip for showing symptoms of a communicable illness such as a cough or fever, denied entry by a government or municipality, required to self-quarantine, or for any other reason.
If you have a complaint about your Trip, you agree to inform our Support Team immediately so that they can attempt to rectify the matter. JC assumes no liability for complaints that are not properly brought to the attention of the Support Team with sufficient notice to resolve or attempt to resolve complaints. Any complaint made after the completion of a Trip must be received via the email associated with the purchase to [***@***.com] within 15 days from the end of the Trip. You acknowledge and agree that JC has no obligation to respond to or address any claims received after this period or sent via methods not specifically provided in this section.
Hotel Accommodations are provided by third parties, not JC. You agree to follow the laws, rules, policies, protocols, terms, and conditions of the hotel owner and/or operator (“Hotel Rules”), as well as policies or protocols put in place by local, state/provincial, and federal governments.
Hotel Rules may include but are not limited to (i) minimum age (for example, the Hotel Accommodations provider may require that at least one (1) person in every room booked be at least twenty-one (21) years old at the time of check-in); (ii) a valid driver’s license or passport upon check-in, (iii) a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay; and (iv) a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay (such deposit is unrelated to any payment received by us for your Trip).
You agree that bed and room requests cannot be guaranteed by us and are assigned at the discretion of the Hotel Accommodations provider. Special requests such as single rooms, lower floors, connecting rooms, smoking preference, and ADA-accessible rooms must be made at the time of check-in. There may be additional charges for such requests which will be the sole expense of the guest making the request.
If you are a member of any rewards program, you will not receive points for your stay.
When necessary, we reserve the right to substitute other similar-quality Hotel Accommodations for Hotel Accommodations listed. Such substitutions may be made at any time and with or without prior notice. We are not responsible for hotel over-bookings; should the Hotel Accommodations provider over-book your Trip, we will undertake to find similar accommodations in the same area but cannot guarantee you will be staying in similar accommodations. Such substitutions are at our sole discretion and no refunds will be offered for changes in Hotel Accommodations.
If the correct price of a Hotel Accommodation sold by us is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We will not issue a refund for the Hotel Accommodations portion of your Trip or any other portion of your Trip if you are denied access to or are ejected from a hotel.
Finally, you understand that if your Trip is not finalized according to Section 3 of this Agreement (including but not limited to a Guest or traveler within your room’s failure to finalize the booking or make any payment due thereunder by the applicable deadline), JC reserves the right to cancel the Hotel Accommodations without refund of any money paid by you (and/or any of your Guests or travelers within your room) and release the inventory back for sale.
If your Trip includes any Add-Ons, such Add-On will be provided by a third party and not JC. You (on behalf of yourself and your Guests) acknowledge and agree that you will be bound by the laws, rules, policies, protocols, terms, and conditions of the Add-On service provider owner and/or operator and the local, state/provincial, and federal governments. We make no representation or warranty as to any Add-On to be provided or as to any restrictions placed on the use or enjoyment of the Add-On by either the Add-On service provider or applicable law.
If the correct price of an Add-On sold by us is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Finally, you understand that if your Trip is not finalized according to Section 3 of this Agreement (including but not limited to a Guest or traveler within your room’s failure to finalize the booking or make any payment due thereunder by the applicable deadline) JC reserves the right to cancel any Add-On and released back into inventory and any money you (and/or any of your Guests or travelers within your room) have paid to us is non-refundable.
Any Trip purchased from JC and/or via the JC website is a revocable license from a third party for the applicable period. Once you have commenced use of any JC product and/or service, any portion thereof, the third party reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or reject any person from any applicable facility or event, and/or withdraw or refuse to begin services or provide goods to any person who fails to comply with this Agreement, the rules of an applicable third party, and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by the applicable third party as disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, or out of compliance with this Agreement or the applicable third party’s terms, conditions, rules, or policies (collectively, “Removal Behavior”). Notwithstanding the foregoing, if the third party determines, in its absolute and sole discretion, that before your use of any JC product or service, you engage in or are reasonably likely to engage in any Removal Behavior, the applicable third party shall have the right to, without any compensation to you, refuse to perform any applicable services or provide any applicable goods.
You and your belongings may be searched by the third party providing goods/services upon entry to, or otherwise in connection with your attendance at, any event or premises in connection with your transaction at JC, a third party, and/or the JC website. You hereby consent to such searches by third parties and forever waive any related claims that could arise. If you elect to withdraw such consent to such searches, you may be denied access to the corresponding good, product, and/or service without a refund or other compensation. Under certain facility rules, certain items may not be brought into certain events or premises, including, without limitation, alcohol, drugs, controlled substances, weapons, cameras, recording devices, laser pointers, strobe lights, irritants, and various forms of containers. Breach of this Agreement or any applicable third party’s terms, conditions, or policies may result in the termination of your license to attend the corresponding event or activity or otherwise enjoy the applicable good, product, and/or service, without refund or other compensation.
JC endeavors to publish and maintain accurate prices and information for its services. In the event, however, that a service is listed or provided at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from our affiliates and/or providers, JC retains the right to refuse or cancel any purchase for such services. JC shall have the right to refuse or cancel any such purchase whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your purchase is canceled because of incorrect information. JC will promptly issue a credit to your credit card account in the amount of the charge.
If JC needs to make any changes to your purchase, we will advise you of such changes as soon as possible. If JC needs to make any significant changes to your purchase before the commencement or use of any Trip, we will notify you with the details of the changes and the revised prices. At that point, you can (i) accept the changes and new prices, (ii) if available, accept a substitute that is equivalent to or greater in value (which may include additional fees) to the original Trip under your purchase, or (iii), accept a substitute that is lower in value or quality to the one you purchased, or (iv) cancel your purchase for a full refund.
The JC website and other JC documents display information that is provided by third parties and, as such, we cannot check or guarantee the accuracy of such information. Many of the goods and/or services which make up your Trip are provided by third parties following their terms and conditions which may limit or exclude such third party’s liability to you. You understand that any violation of any third party’s terms and conditions may result in cancellation of your purchased good and/or service, in your being denied access to the applicable product/services, in your forfeiting of all monies paid, and/or in our debiting your account for any costs we incur as a result of such violation. JC’s display of product options offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation, or approval of such third party or its goods or services by JC. You agree that JC is in no way responsible for the accuracy, timeliness, or completeness of information it may obtain from these third parties. You acknowledge that some third parties offering certain services and/or activities may require you to sign their liability waiver before participating in the service and/or activity they offer.
YOUR INTERACTION WITH ANY THIRD PARTY ACCESSED THROUGH THE FUSE WEBSITE OR OTHERWISE IN CONNECTION WITH A FUSE OFFERING IS AT YOUR OWN RISK, AND FUSE WILL HAVE NO LIABILITY CONCERNING THE ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE, GOODS, SERVICES, PERSONNEL AND/OR FACILITIES OF ANY SUCH THIRD PARTY AND FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM YOUR INTERACTIONS WITH ANY THIRD PARTY. WE ACCEPT NO RESPONSIBILITY FOR INFORMATION SUPPLIED TO US BY THIRD PARTIES AND WE RECOMMEND YOU CONFIRM ALL INFORMATION CONTAINED ON OR LINKED FROM THE FUSE WEBSITE WITH THE APPLICABLE THIRD PARTY. IF APPLICABLE, HOTEL INFORMATION PROVIDED VIA FUSE (INCLUDING, WITHOUT LIMITATION, RATINGS, PHOTOGRAPHS, LISTS OF HOTEL AMENITIES, AND DESCRIPTIONS OF PROPERTY) ARE PROVIDED BY THE RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS. THIS HOTEL INFORMATION ARE GENERAL GUIDELINES AND WE CANNOT GUARANTEE THEIR ACCURACY. THEY ARE TO BE USED AS A GENERAL GUIDE AND THE RATINGS AND INFORMATION MAY BE AMENDED PERIODICALLY BY THE RESPECTIVE SUPPLIERS TO KEEP CURRENT. If, for any reason, any third party cancels or is otherwise unable to provide the goods and/or services that are included in a JC offering that you have purchased, in whole or in part, your remedy, if any, lies against that third party, and not against JC.
PLEASE BE AWARE THAT CERTAIN EVENTS AND/OR OFFERINGS MAY HAVE AGE LIMITS. PLEASE PAY ATTENTION TO ALL DETAILS OF THE RESPECTIVE GOOD AND/OR SERVICE YOU ARE PURCHASING, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLY PURCHASED ITEMS.
All purchases through JC involve a third party, and JC acts solely as a third-party intermediary between you and various third parties who are promoting, producing, or otherwise providing or making available the goods and/or services you purchase. JC provides such third-party goods and services on behalf of such third parties, which means JC does not set the prices or determine details like times and seating locations, except under certain expressly provided circumstances. Such third-party goods and/or services may be subject to a per-item convenience charge and/or a non-refundable per order processing fee. In these cases, delivery prices, facility fees, ticketing charges, or other fees will be owed by you in connection with such goods and/or services.
For JC Trips and packages, pricing may change in real-time and may not be the same as when you originally booked or viewed pricing because prices tend to increase and on occasion could decrease due to ticket or hotel demand. All purchases are non-refundable, and pricing will not be adjusted or decreased to reflect changes in pricing.
JC does not own, operate, or control any of the suppliers that provide services for your Trip, including but not limited to Hotel Accommodations, Add-Ons, or other goods or services connected with your Trip. These suppliers are solely responsible for their performance. JC and its owners, employees, shareholders, officers, directors, representatives, volunteers, successors, agents, and assignees are not liable for any negligence, willful act, error, omission, financial insolvency, or default of any supplier or any third party. JC does not have any special knowledge about its supplier’s financial condition. A supplier’s goods and services are subject to the supplier’s terms and conditions and liability waivers, as well as local, state/provincial, and federal laws and regulations.
For us to confirm your Trip, you must provide all requested details at the time of booking, including but not limited to you and your Guest’s full names (as per government-issued identification), dates of birth, and any other information requested for the Trip.
The information required from each traveler will vary by Trip, which will be communicated during the booking process. If all requested information is not provided within 48 hours of the request days (or at the time of booking if purchased less than 30 days before the Trip start date), JC maintains the right to cancel without refunding your Trip and/or Trips purchased by you and assign the spot(s) to the next eligible traveler on the Waitlist.
If a Trip is sold out, you may be able to add yourself to a waitlist during the booking process (if available). If a spot becomes available, you will be notified by email and/or SMS/text. You will have 24 hours from when we send the email to accept the Trip and pay the deposit; otherwise, your spot on the waitlist will be forfeited and offered to the next person on the waitlist. Waitlists are not guaranteed and are available at the sole discretion of JC. This practice may be altered or ended at any time with or without prior notice. Neither admission to the waitlist nor the availability of a spot to you is a guarantee that you will be eligible to purchase or attend the Trip.
By booking a Trip, you agree that chargebacks are not an appropriate way to avoid our cancellation and refund policy. You further agree you will not charge back any authorized charges related to your Trip. Should you charge back any authorized charge, we will vigorously dispute the charge (including providing this agreement and any other documentation as proof that you agreed to our cancellation and refund terms). We also reserve the right to report fraudulent chargebacks to authorities. Should we successfully refute any chargeback that you initiate, you agree to reimburse us for our attorney’s fees, time, costs, and expenses in rebutting the chargeback and pay any damages we suffer from your chargeback dispute.
If you file a chargeback request/dispute but elect to reinstate your Trip thereafter (with such request for reinstatement subject to JC’s sole discretion and subject to availability), please be advised you will be charged a $100 reinstatement fee that must be paid at the time of reinstatement. Furthermore, JC may require You to pay for the Trip in full at the time of reinstatement.
Modifications to your Trip may be completed at JC’s sole discretion. To request a modification to your Trip, please contact JC at [****]. In the event JC allows for such modification, you agree to pay any associated increase in price at the time of such request to modify your Trip. Prices for modifications to your Trip will be based on the current price of the alternative at the time the modification is made. If the price of the Trip decreases, JC will not issue any refund for such a difference.
JC reserves the right to cancel, alter or postpone a Trip at any time and with or without prior notice. JC will not be responsible for deposits, payments, incidental expenses, policies, or penalties for other services booked with any provider or supplier other than JC, such as airline tickets, separate hotel reservations, or other items (such as other travel plans or cruises).
If a Trip is canceled due to reasons within JC’s control, we may, within our sole discretion, offer a refund equal to the Trip cost you paid, except unrecoverable costs (which may include Hotel Accommodations). If a portion of the Trip is canceled due to reasons within JC’s control, JC may offer you a refund for ONLY monies paid toward the canceled portion of your Trip (minus unrecoverable costs related to the canceled portion of your Trip, including Hotel Accommodations). You understand these unrecoverable costs could mean your refund is a nominal amount if any. If during your Trip, a part of your Trip is canceled for a reason within JC’s control, we may offer a reasonable alternative on a pro-rata basis.
Further, from the moment your Trip is booked, JC factors into the Trip price a fee of i to cover the work involved in planning, booking, and organizing your Trip. If a Trip is to be canceled, withdrawn, altered, modified, postponed, or rescheduled, JC may, at their absolute discretion and regardless of their control of the situation, incorporate this fee as an unrecoverable cost.
You understand and acknowledge that, due to the unpredictable nature of your Trip, you are expected to be flexible in your travels and allow for alternatives. The itinerary provided for each Trip is representative of the types of activities that will be included and their approximate times and dates but is not a guarantee. While JC will do its best to operate all Trips as advertised, we may, at our sole discretion, deem it necessary to make reasonable changes to your itinerary.
We shall not be deemed in breach of this agreement or otherwise liable to you because of delay or failure in our performance of any obligations hereunder due to any cancellations, alterations, or modifications under this section.
WITHOUT LIMITING ANYTHING SET FORTH HEREIN OR ANY OTHER RIGHTS OF FUSE, IF THE GOOD AND/OR SERVICE IS CONTROLLED SOLELY AND DIRECTLY BY FUSE, THEN, EXCEPT AS REQUIRED OR SUGGESTED BY THE APPLICABLE AUTHORITY OR LAW, FUSE SHALL HAVE THE SOLE AND ABSOLUTE DISCRETION IN MAKING THE FINAL DETERMINATION OF CANCELLATION, DISCONTINUATION, POSTPONEMENT, RESCHEDULING, AND/OR REFUND AVAILABILITY.
JC will not be deemed in breach of this agreement or otherwise liable to you because of delay or failure in performance of our or a third party’s obligations under this agreement to the extent that such delay or failure is due to any circumstance(s) beyond JC’s reasonable control, including without limitation acts of nature and/or God; weather conditions; flood; tempest; forceful wind; fire; earthquake; windstorm; explosion; accident; terrorist activities; electronic viruses or worms; failure of website hosting services; insurrection; war or threat of war (whether declared or undeclared); sabotage; hostilities; civil disturbance or commotion; riots; labor strike or lockout; lack of or failure of transportation facilities; lack of or failure of power facilities; requisition; sickness; quarantine; pandemic; epidemic; the spread or concern for spread of disease and/or virus that is known, unknown, or novel (including but not limited to coronavirus/COVID-19); border closing, limitation, or restriction; government intervention of any kind including those that affect domestic and/or international travel; regulation, ordinance, or requirement by any government or governmental agency having or claiming to have jurisdiction over the subject matter of this Agreement or over the parties; or any other unforeseen circumstances (all encompassed by “Force Majeure”).
If Force Majeure prevents, delays, significantly hinders, renders difficult, frustrates, or makes impossible or commercially impracticable our or our suppliers’ ability to provide the services including but not limited to your Trip, we and our suppliers may, in our complete and sole discretion, vary, delay, postpone, reschedule, alter, or cancel any itinerary, arrangement, or booking concerning the Trip, including the entire Trip itself.
In situations of civil unrest, JC will investigate the prevailing situation and determine, in our sole and absolute discretion, whether to proceed with the Trip.
If we are affected by Force Majeure, we, if practicable, will notify you of the nature and extent thereof.
WITHOUT LIMITING THE FOREGOING, ULTIMATELY, IN CASES OF FORCE MAJEURE, FUSE WILL MAKE REASONABLE EFFORTS TO CAUSE THE APPLICABLE THIRD PARTY TO ISSUE A REFUND FOR THE VALUE OF SUCH GOOD AND/OR SERVICE IF POSSIBLE; HOWEVER, NEITHER FUSE NOR ANY APPLICABLE THIRD PARTY WILL BE OBLIGATED TO ISSUE YOU A REFUND FOR THE AFFECTED PORTION, OR ANY OTHER ASPECT, OF YOUR TRIP. FUSE SHALL NOT BE LIABLE FOR ANY SUCH CANCELLATIONS, RAINOUTS, POSTPONEMENTS, RESCHEDULES, OR ANY OTHER CHANGES TO THE TRIP IN CONNECTION WITH YOUR TRANSACTION, AND YOUR SOLE REMEDY SHALL BE WITH THE APPLICABLE THIRD PARTY.
The transportation, accommodations, activities, entertainment, tickets, meals, and drinks provided as part of your JC transaction are specific to each Trip and are listed on the Trip booking page. Anything not expressly listed as included on the Trip booking is not covered by JC and is your financial responsibility.
JC may offer optional activities or supplemental charges (e.g., single room upgrade) which are specific to each Trip and departure date. JC will review all optional and supplemental requests and provide final approval once availability is confirmed.
You may be required to sign up for an account and select a password and username (“User ID”) to participate in our services. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select a name that you do not have the right to use or another person’s name with the intent to impersonate that person as your User ID. You may not transfer your account to anyone else without our prior express written permission. You will not share your account or password with anyone, and you must protect the security of your account and password. You are responsible for any activity associated with your account.
It is important that you carefully read all documents related to your Trip that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We are not liable for any errors or omissions if you do not notify us of such inaccuracies within 24 hours of your receipt of those documents. You must sign and submit this Agreement, our release and waiver of liability and assumption of risk and indemnity agreement, and a medical statement or certification as necessary. If you fail to submit any of these documents or any other necessary documentation before departure, we reserve the right to cancel your Trip without refund and impose the cancellation fees outlined in this Agreement.
Depending on what you purchase from JC, you (and your guests) may be required to read and sign additional documents. You hereby agree to execute and deliver to JC or its designees any such documents consistent herewith or otherwise reasonably necessary to your purchase to be fulfilled or to effectuate the purposes of this Agreement when and as directed by JC or the applicable authority. In case of your refusal or failure to so execute or deliver, or cause to be so executed and delivered, any document or other instrument herein provided for within three (3) days (unless JC reasonably requires a response in less time due to exigencies), then in such event, you hereby nominate, constitute, and appoint JC and JC shall therefore be deemed your true and lawful attorney-in-fact irrevocably to, at JC’s election, execute and deliver all of such documents and instruments in your name and on your behalf. If you fail or refuse to execute such documents and JC elects not to execute such documents on your behalf, then JC reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from the applicable facility or event, and/or withdraw or refuse to begin applicable services or provide applicable goods.
YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE. IF YOU ARE NOT AT LEAST THIRTEEN (13) YEARS OF AGE, PLEASE DO NOT PROVIDE US WITH ANY INFORMATION ABOUT YOURSELF, DO NOT PURCHASE ANY FUSE-RELATED GOODS AND/OR SERVICES, AND DO NOT ENTER INTO ANY FUSE-RELATED TRANSACTION.
Without limiting anything set forth in this Agreement, you hereby represent and warrant that (1) you will not violate any applicable laws, ordinances, and/or regulations at or in connection with the Trip(s) and/or purchases corresponding to your transactions with JC, a third party, or via the JC website; (2) you are of sufficient legal age and authority to enter into any transaction with JC, the applicable third party, and/or the JC website, as well as to participate in the corresponding Trip, and create legal binding obligations for any liability you may incur as a result of entering into this Agreement; (3) you are an authorized user of the credit or debit card used to enter into any transaction with JC and/or via the JC website; (4) you shall at all times be in compliance with any and all terms, conditions, policies, and rules set forth by any applicable third party, (5) you have obtained any and all passports, visas, health information, and/or other permission necessary in connection with your transaction via JC and/or the JC website; and (6) you will not attempt to charge back your purchase with your bank or credit card company or any other applicable third party.
ALL THIRD-PARTY AND FUSE PRODUCTS, GOODS, AND SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FUSE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY OR ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
We do not represent that any goods and/or services offered by JC or any third party will be suitable for you. Without limiting anything else outlined in this Agreement, you release JC from any claims concerning the goods and/or services, including third-party goods and/or services, that are not suitable. Third parties are independent parties over which we have no control. The information and description given about the third parties and their goods and/or services are based on our inquiries and are believed to be accurate, but we cannot guarantee in respect thereof.
You acknowledge and agree that by purchasing a JC good and/or service and/or attending a corresponding event and/or using a corresponding third party good and/or service or other amenities, you may be engaging in activities that may involve risk of serious injury, including permanent disability and death, property loss, and severe social and economic loss. These risks include without limitation, those caused by or in connection with (a) the actions, inactions, or negligence of a third party, and participants, volunteers, and spectators at a corresponding event, (b) conditions of any premises or equipment used, (c) temperature and/or weather, (d) condition of other participants or guests; (e) vehicular traffic, and (f) other risks that are not known or foreseeable at this time.
LOUD MUSIC AND SPECIAL EFFECTS WARNING: Attendees of the JC-related or third-party Trips may be subject to extremely loud music and sounds, as well as strobe, hydro, pyrotechnic, animatronic, lighting, and/or other special effects, including, without limitation, flashing lights, rapidly changing or alternating images, the use of fog, haze, or smoke with theatrical stage lighting, laser projections, and fireworks. Women who are pregnant and/or individuals who suffer from certain health conditions, including seizures, light sensitivity, or other health conditions that could be aggravated by these special effects should consider this warning before entering or remaining on any event premises, as such special effects may cause or induce seizures, diminished or loss of hearing, and other health conditions.
ALL THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FUSE. FUSE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FUSE HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECTIONAL CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
You agree that the sole remedy for any default by JC arising under this agreement shall be the return of the paid Trip cost, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, JC shall not be liable for any special, consequential, indirect, incidental, or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under the statute, in equity, at law, or otherwise, even if JC has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
By purchasing and/or using a Trip, using of our website, or products or services sold, distributed, issued, or serviced by us or through us, you agree to be subject to the terms and conditions of the Release Agreement, which is attached to this Agreement as Exhibit A.
This agreement shall inure to the benefit of and be binding upon JC and you and your respective heirs, legal and personal representatives, successors, and assigns, as well as any Guests or individuals to whom you provide or transfer our services.
If any provision of this agreement shall be illegal, unenforceable, or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement illegal, unenforceable, or invalid as a whole. Such an unenforceable provision will be replaced with one that is legal, valid, and enforceable and which achieves the original objectives and intent of the original provision to the maximum extent possible.
You agree that JC may use, re-use, link, repost, and/or reproduce any images, photos, videos, or written content (e.g., blog posts, articles) that you send to us or post online (including on social media) or which are captured by our guides, Trip leaders, and/or other travelers (whether of you individually or in a group) (all encompassed by “Content”). JC may utilize the Content free of charge and without your right to inspection in any medium (including but not limited to print, electronic media, or the internet) to promote and publicize our travel products and services worldwide. We will strive to provide attribution, where reasonably possible, but do not guarantee such. If you do not want to grant this specific right to JC, you must contact us in writing before the start of your Trip and specifically state that you are opting out of this Section.
YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY RELATING IN ANY WAY TO THE AGREEMENT, OR PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY OR THROUGH US—IRRESPECTIVE OF WHEN THAT DISPUTE, CLAIM, OR CONTROVERSY AROSE—WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AS OUTLINED IN THE AGREEMENT, RATHER THAN IN COURT. YOU AND WE THEREBY EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Exceptions. The arbitration agreement and class action waiver outlined in this Section 17 shall be subject to these limited exceptions:
Informal Dispute Resolution. You and we each recognize and agree that good faith, informal efforts to resolve disputes often result in prompt, low-cost, and mutually beneficial outcomes. Therefore, you and we each agree that, before either of us may commence an arbitration or assert a claim in small claims court, you and we will engage in the following informal dispute resolution process:
The party seeking to initiate a claim in arbitration or small claims court (“claimant”) must give written notice to the other party (“respondent”). To notify us that you intend to initiate an informal dispute resolution, you must send an email to CVJV LLC at [***], providing: your full name; the email address; your counsel’s name, and contact information, if you are represented by counsel; and a brief description of your claim(s) and the relief sought. To notify you that we intend to initiate informal dispute resolution, we will email you at the email address associated with your account and provide a brief description of our claim(s) and the relief sought, and our counsel’s name and contact information.
You and we will then personally meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this mutual arbitration agreement. If either you or us is represented by counsel, that counsel may participate in the informal dispute resolution conference.
All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process.
The informal dispute resolution conference shall occur within sixty (60) days of receipt of the written notice described above, unless an extension is mutually agreed upon by you and us. If, after participating in that conference, you and we have been unable to resolve the dispute, the claimant may commence an arbitration or assert a claim in small claims court in accordance with this arbitration agreement.
Any statute of limitations will be tolled while you and we engage in the informal dispute resolution process described in this section.
Governing Law; Interpretation and Enforcement. The arbitration agreement in the Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA"), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect. Further, you and we each agree that the Agreement evidence a transaction involving interstate commerce, and will be governed by and construed in accordance with federal law to the fullest extent possible.
Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Agreement as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).
Arbitration Proceedings and Rules. The following rules and procedures shall apply:
Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the Agreement. New Era ADR’s Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/.
The arbitrator shall be selected pursuant to New Era ADR’s standard rank and strike process, as set forth in New Era ADR’s General Rules and Procedures.
To increase the efficiency of administration and resolution of arbitrations: in the event of a claim seeking equitable relief (including injunctive relief), the arbitrator shall bifurcate the proceeding and rule on liability first, before conducting any proceedings (including discovery) related to the appropriate relief.
Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
In the event that New Era ADR is unable to conduct the arbitration for any reason, the arbitration will be conducted by FairClaims pursuant to its FastTrack Rules & Procedures, and/or any applicable rules for consumer arbitrations, available at www.fairclaims.com. In the event that FairClaims is unable to conduct the arbitration for any reason, you and we will mutually select an alternative arbitration provider, and the arbitration will be conducted pursuant to that provider’s applicable rules. If, pursuant to this paragraph, the arbitration is conducted by an arbitration provider other than New Era ADR, references to New Era ADR and its rules in the Agreement shall be construed as references to that arbitration provider and its applicable rules.
Commencing an Arbitration. A party who has complied with the informal dispute resolution provisions described above, and who wishes to start arbitration, must submit a Demand for Arbitration and a copy of the Agreement to New Era ADR at app.neweraadr.com, and must also give notice to the other party. If the notice is being sent to us, it must be emailed to CVJV LLC at [***]. If the notice is being sent to you, it will be sent to the email address associated with your account.
Arbitration Fees and Costs. If you commence an arbitration in accordance with the Agreement, you will be required to pay New Era ADR’s $300 filing fee. You will not be responsible for paying any other fees for the arbitration, other than the filing fee; all other fees or expenses charged by New Era ADR will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). Further, if New Era ADR determines that you are unable to pay any part of the filing fee, we will pay that part too.
In the event that the arbitration is conducted by a different arbitration provider in accordance with the Agreement, payment of any filing, administration, or arbitrator fees shall be governed by that provider’s rules.
You and we each agree that New Era ADR, FairClaims, JAMS, and any other arbitration provider selected pursuant to the Agreement has discretion to modify the amount or timing of any fees due under any applicable rules or fee schedules, and further agree not to oppose any modifications to the timing or amount of any fees due—provided that such modifications do not increase the fees to either you or us.
Attorneys’ Fees. You are responsible for your own attorneys’ fees; we will not pay any attorneys’ fees unless ordered to do so by the arbitrator. For the avoidance of doubt, in cases where a statute gives you the right to recover attorneys’ fees if you prevail, the arbitrator may award attorneys’ fees pursuant to that statute.
Delegation; Interpretation. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable; however, in the event of a dispute about which particular version of this Agreement you agreed to, a court will decide that specific question. This arbitration agreement is intended to be broadly interpreted and will survive termination of the Agreement.
Limited Right to Appeal. As explained above, court review of the arbitrator’s decision is limited pursuant to the FAA; however, the Agreement provide a limited right to appeal the arbitrator’s decision to a panel of JAMS arbitrators, as set forth in this sub-section. Specifically, in the event that the arbitrator awards injunctive relief against either you or us, the party against whom injunctive relief was awarded may—within 21 days of the arbitrator’s final decision—appeal that decision to JAMS, in accordance with the following procedure:
Except as otherwise provided by the Agreement, the appeal will be conducted pursuant to the JAMS Optional Arbitration Appeal Procedure, available at www.jamsadr.com.
To commence an appeal, a party must submit the Demand for Arbitration Form available at www.jamsadr.com, and must also provide notice to the other party in the manner described above in this section.
The JAMS appeal panel will consist of arbitrators who are either (a) retired state or federal judges or (b) licensed attorneys with at least 20 years of active litigation experience and substantial expertise in the substantive laws applicable to the subject matter of the dispute.
The JAMS appeal panel will conduct a de novo review of the arbitrator’s decision.
Except as provided in the FAA, there will be no right of appeal from the JAMS appeal panel’s decision.
JC reserves the right to update and/or alter these terms and conditions at any time with or without notice and shall post the amended terms and conditions on the JC website. Any such amendment shall take effect immediately upon being posted to the JC website or immediately upon notice to you in writing by email or mail. You are deemed to have accepted any amendments to these terms on the date they are posted to our website or when we provide notice to you in writing by email or mail, whichever occurs sooner. Your continued use of the services, participation on one of our Trips, or use of the JC website constitutes acceptance of any amendments that we make to these Terms. The latest terms and conditions, as amended, may be accessed at any time on JC’s website, and can be sent upon their written request via email to [***]. All travelers and JC customers shall be deemed to have accepted any amendments to these terms and conditions on the date that is 7 days after their posting on the JC website.
JC retains the right to refuse service to any traveler or potential client at any time for any lawful reason, in its sole discretion.
Nothing contained in this Agreement will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate, or transfer your rights if any, or obligations under this Agreement. JC may assign its rights and duties under this Agreement without such assignment being considered a change to the Agreement and without notice to you.
This agreement is the final, complete, and exclusive statement of the party's agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.
I have read this entire agreement and I understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to me.
Please keep a copy for your records.
KNOWING AND VOLUNTARY EXECUTION: I have had sufficient time to read this entire agreement. I have carefully read and understand the provisions and legal consequences of this agreement, and I voluntarily agree to all its terms and conditions. I understand that I am giving up substantial rights by accepting the terms of this agreement. I acknowledge that it has been recommended that I have my attorney review this agreement before accepting it.
ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK
AND RESPONSIBILITY AND RELEASE OF LIABILITY
Please read carefully!
I understand that skiing, snowboarding, and other winter sports (the “activities”) can be dangerous and involve inherent and other risks of injury and death. Despite the risks involved in the activities, and as consideration for being allowed to participate in the activities, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH that might be associated with my participation in the activities and use of the corresponding facilities, including use of terrain parks, chairlifts, rental equipment, instruction, racing, traveling beyond the ski area boundaries, and all special events (collectively, “use of the facilities”). I understand that I may encounter various manmade and natural terrain features during participation in the activities or use of the facilities. I understand that I must inspect the elements and terrain before I ski or ride over them to evaluate the risks and degree of difficulty before participating. I understand that throughout the day snow conditions and terrain features will change. I also understand that weather conditions can change which in turn presents risk of snow, avalanche and other dangerous conditions; regarding which, I assume all risk of injury. I further understand that there is a risk that I could strike other people or trees or other inanimate objects. I assume all risk of injury in this situation as well.
I understand that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread by person-to-person contact; and, as a result, federal and state health agencies recommend social distancing and, in many locations, wearing a mask while in public. The COVID-19 virus has a long incubation period during which carriers of the virus may not show symptoms and still be highly contagious. Given the nature of the virus, I understand there is an inherent risk of becoming infected with COVID-19 by virtue of participating in this trip. I hereby acknowledge and assume the risk of becoming infected with COVID-19 and I agree that I am personally responsible for my safety and actions while participating on this trip. I agree to comply with all policies and rules put in place by Operator and its suppliers, including but not limited to all policies, guidelines, signage, and instructions. I confirm that I am not currently presenting with any of the following symptoms of COVID-19 including but not limited to fever, shortness of breath, loss of sense of taste or smell, coughing, runny nose or sore throat.
ACKNOWLEDGEMENT: BY CLICKING “I AGREE”, INDICATES THAT I HAVE, ON THE DATE SHOWN, READ AND UNDERSTOOD THIS DOCUMENT AND I ACKNOWLEDGE THAT IT AFFECTS MY LEGAL RIGHTS AND AGREE TO BE BOUND BY ITS TERMS. BY CLICKING “I AGREE” ALSO SIGNIFIES MY INTENTION TO RELIEVE AND INDEMNIFY OPERATOR, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUBCONTRACTORS FROM ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH WHICH I MIGHT SUFFER DURING MY PARTICIPATION IN THE SCHEDULED VACATION PACKAGE. FURTHERMORE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND HEREBY AGREE TO THE TERMS AND CONDITIONS OF YOUR TRIP SET FORTH ABOVE. IF I AM AGREEING ON BEHALF OF SOMEONE ELSE, I AM REPRESENTING THAT I AM THEIR DULLY APPOINTED AGENT, AND ACCEPT RESPONSIBILITY FOR AGREEING ON THEIR BEHALF.