By using this website and/or purchasing from this website, you (“you” “your” or “purchaser”) are agreeing to the following binding agreement: "Us" or "We" shall refer to Pogo Pass LLC, a Utah limited liability company, its board of directors, employees, officers, agents, parent company, shareholders, managers, members and affiliates.
(1) Description of the Pogo Pass. The Pogo Pass is a 12-month access pass to various participating venues and businesses, as indentified on this website, at various times and dates throughout the year in the specific city for which your Pogo Pass is purchased. Each Pogo Pass becomes active and effective on the date of purchase.
(3) Term; Termination. Each Pogo Pass purchased is valid for an annual 12-month term from the date of purchase. The Pogo Pass is an annual membership and will automatically renew 1 day prior to expiration of the annual term. Each Pogo Pass account holder will be notified via email of the automatic membership renewal 15 days prior to the payment processing. Pogo Pass members can cancel their recurring membership, or change payment method from their Pogo Pass account. Members who remain on automatic renewal receive a loyalty discount per membership renewal. In the event purchaser fails to cancel the Pogo Pass membership prior to the expiration of the initial annual term, the term of the Pogo Pass will thereafter continue on an annual basis until cancelled by Pogo Pass or by purchaser. Fees for the extended term will be charged to the credit card used to pay for the initial Pogo Pass Membership. No full or partial refunds will be provided for any used renewed memberships.
(4) Guarantee of Continued Service Venue Participation. We anticipate that the current venues and service providers identified on this website will continue to participate in the Pogo Pass services; however, the participating venues and service providers are subject to change at any time without advance notice to any person using this website. All current Pogo Pass holders will be entitled to participate in all new venues or service providers which may become participants in the Pogo Pass program subsequent to a current Pogo Pass holder’s purchase.
(5) Transferability. The Pogo Pass is not transferrable by the initial purchaser, except that an adult purchaser may purchase a Pogo Pass on behalf of the purchaser’s minor children. Each Pogo Pass contains the pass holder’s name and an individualized bar code for the pass holder.
(6) No Warranties of Suitability for Use. We make no express or implied warranties regarding the accuracy, currency, completeness or suitability for any purpose of any information contained on this website, or of any offerings at the venues and businesses identified as participants of the Pogo Pass on this website.
(7) Assumption of Risk at Venues. IF YOU DO NOT AGREE WITH THIS DISCLAIMER, DO NOT USE THE POGO PASS. YOUR USE OF THE POGO PASS CONSTITUTES YOUR ACCEPTANCE OF THIS DISCLAIMER. Purchaser recognizes there are risks and dangers inherent in using the Pogo Pass, and purchaser agrees that he/she is visiting the venues affiliated with the Pogo Pass entirely at his/her own risk and that Pogo Pass will not be responsible for damage or injury to any purchaser sustained as a result of using the Pogo Pass or as a result of visiting the venues affiliated with the Pogo Pass. Purchaser knowingly and voluntarily assumes all risks of injury or illness, or other damage, including death. Purchaser agrees to release and hold harmless Pogo Pass LLC, its officers, agents, affiliates, employees, assigns, owners, representatives, volunteers, sponsors, and officials from any and all liability-present and future, known or unknown-associated with such purchaser's use of the Pogo Pass or as a result of visiting the venues affiliated with the Pogo Pass. Purchaser further agrees that this disclaimer shall bind the members of purchaser's family and spouse, if purchaser is alive, and purchaser's heirs, assigns, and personal representatives if purchaser is deceased. Purchaser executes this disclaimer voluntarily and with full knowledge of its significance, and with the intent of binding themselves, their spouses and children, if any, and their heirs, legal representatives, and assigns. Purchaser expressly agrees that this disclaimer is intended to be as broad and inclusive as permitted by law. Purchaser has carefully read this disclaimer and fully understands its contents. Purchaser is aware that this is a RELEASE OF LIABILITY and a contract between him/her and Pogo Pass LLC.
(8) Assumption of Rick for Use of Website. Any person using this website assumes the risk of verifying any materials contained herein, as well as the risk of use and/or reliance on such information. We shall not be liable for any damages for viewing, distributing, copying and/or relying upon these materials, including any indirect, special, incidental or consequential damages, even if advised of the possibility of such damages.
(9) No Expectation of Privacy. It is expressly understood that there is no reasonable expectation of privacy in your use of this website; however, your credit card transactional information is secured through PCI compliance certifications and safeguards to ensure confidentiality.
(10) Third-party Links. This website may contain links to other websites. These are provided for your convenience. We have no control over the content of such linked sites, and we make no representations or warranties regarding them and assume no responsibility for their content, nor does inclusion of links to other websites constitute our endorsement of their content.
(11) Indemnification/Hold Harmless. You agree to indemnify, defend and hold us harmless and our officers, directors, employees, agents, information providers, suppliers, and website designers and maintainers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any use of this website, or as a result of damage or loss suffered by purchasing and using any of the products or services on this website, including, but specifically not limited to any accident or injury that may occur at any venue or on the premises of any business or service provider identified on the website.
(12) Waiver, Release and Limitation of Liability. You agree that neither us nor our officers, directors, agents, information providers or suppliers or website designers and website maintainers shall have any liability to you under any theory of liability or indemnity in connection with your use of this website or use of any product or service purchased from this website. You hereby release and forever waive any and all claims you may have against us or our officers, directors, agents, information providers or suppliers or website designers and maintainers (including but not limited to claims based upon the negligence, strict liability, infringement, intentional torts, recklessness, or other legal theories, of Pogo Pass LLC, its officers, directors, agents, information providers or suppliers or website designers and maintainers) for losses or damages you sustain in connection with your use of this website or use of any products or services purchased from this website.
(13) “As-is” Basis. Pogo Pass, Pogo Pass LLC and pogopass.com are providing this website and its contents on an "as-is" basis and make no representations or warranties of any kind, express or implied, with respect to the operation of this website, the information, content, materials or products, included on this website. To the fullest extent permitted by law, we disclaim all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice.
(14) No Claim of Accuracy or Completeness. We make no promises or warranties regarding the accuracy or completeness of any information contained in this website and/or any pages accessible from this website, nor do we make any promise or warranty to maintain or update this information.
(15) Copyright. The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Pogo Pass LLC. The collective work includes works that are licensed to Pogo Pass LLC. No permission is granted to electronically copy or print hard copy portions of this website for any purpose. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by us. Images of people displayed on this website are either the property of, or used with permission by, us. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on this website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
(16) Trademarks. All trademarks, service marks and trade names of Pogo Pass or used on this website are trademarks or registered trademarks of Pogo Pass LLC. All trademarks, service marks and trade names of any other business, venue or service provider used on this website are trademarks or registered trademarks of the respective companies.
(17) Website Content Disclaimer. We do not represent or warrant that the functions contained on this website will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server that makes this website available are free of viruses or other harmful components. We do not make any warrantees or representations regarding the use of the materials on this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
(18) Order Cancellation. We reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the order price.
(19) Notices. Any notice required or permitted herein may be delivered to you by means of e-mail, a general notice on this website, or by other reliable method to the address you have provided to us.
(20) Miscellaneous. Your use of this website shall be governed in all respects by the laws of the state of Utah, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of products or services on this website) shall be in the state or federal courts located in Salt Lake City, Utah. Any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises. Each party shall bear its own attorneys fees, irrespective of the outcome of that party's case or result. Failure by us to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions and other provisions herein. We may assign our rights and duties under this Agreement to any party at any time without notice to you.