This Membership Agreement (“Agreement”) is made by and between Emergency Responders Benefits Association aka erba911, a Nebraska Non-profit Corporation, (“erba911”) and enrolled member (“Member”) effective the date of acceptance by Member.
In consideration of the promises and mutual covenants contained herein, the parties agree as follows:
- Eligibility; Authority to Purchase and/or to Act as Agent.Erba911 membership is only open to individuals who are at least eighteen (18) years of age and are active first responders including law enforcement, fire department and rescue squad, or support staff of a fire or rescue squad, and dependent family members. You represent and warrant that you are eighteen (18) years of age or older and that you qualify as an eligible member. You represent and warrant to erba911 that you have full legal authority to complete this membership purchase, including full authority to make use of the credit card used to pay your membership fee.
- Benefits Provided. As consideration for Member’s payment of the Membership Fees, as defined below, erba911 hereby agrees to provide to the Member, the membership benefits applicable to the level of membership selected by Member (the “Benefits”). Member hereby acknowledges and agrees that erba911 reserves the right, in its sole and absolute discretion, to amend the Membership Highlights Form, including, without limitation, the removal of benefits or services listed thereon. For the purpose of this Agreement, the Membership Fees shall mean a monthly fee as further determined (“Membership Fee”). Upon written notice from erba911 to Member, erba911 shall have the right to revise, amend, and/or change the Membership Fees. Additionally, benefits not expressly listed on the Membership Highlights Form are provided at an additional cost above and beyond the Membership Fees and are expressly not included hereunder.
Upon the Member’s execution of this Agreement, and for as long as Member complies with its payment obligations hereunder, Member shall be entitled to the Benefits set forth in the Membership Highlights Form, as amended from time to time. This Agreement shall remain subject to Terms of Service, which Terms of Service are hereby incorporated into this Agreement by this reference. The Terms of Service may be amended by erba911 at any time upon notice to Member.
- Registration and Payments. By starting your erba911 membership, you are expressly agreeing that erba911 is authorized to charge you a monthly fee at the then-current rate to the credit card or ACH information you provided during registration (or to a different credit card if you change your account information) based upon the Member’s membership election. Please note that prices, including Membership Fees and charges are subject to change at any time with notice. Only credit cards are eligible for payment of your erba911 Your erba911 membership fee is charged monthly. YOU UNDERSTAND THAT YOUR ERBA911 MEMBERSHIP WILL AUTOMATICALLY CONTINUE UNLESS YOU NOTIFY erba911THAT YOU ARE TERMINATING YOUR MEMBERSHIP. YOU UNDERSTAND THAT THIS WILL SERVE AS YOUR ELECTRONIC SIGNATURE AND AUTHORIZATION FOR erba911 TO CHARGE YOUR CREDIT CARD PROVIDED DURING REGISTRATION (OR TO A DIFFERENT CREDIT CARD IF YOU CHANGE YOUR ACCOUNT INFORMATION) FOR THE MEMBERSHIP FEE, AND THE THEN-CURRENT MEMBERSHIP FEE EACH MONTH THEREAFTER, DEPENDING UPON YOUR ELECTION, FOR AS LONG AS YOU REMAIN A MEMBER.
For certain credit cards, the issuer of your credit card may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. The membership may be cancelled at any time in writing by either party, however, such cancellation shall not relieve Member of payment for the time period prior to termination. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the erba911 membership, or is harmful to our interests or another user. By becoming a Member of erba911, Member agrees to receive advertising, marketing materials and other communications from erba911 except where expressly disallowed by Member.
Term and Termination. Erba911 and Member hereby agree that either party may, at any time, cancel and terminate this Agreement for convenience by providing written/email notification of termination to the other party. Notifications may be mailed electronically to the following: firstname.lastname@example.org or through our contact page on the www.erba911.org website. In the event either party terminates this Agreement, Member shall be invoiced for all amounts outstanding in connection with the Benefits rendered prior to such termination and other amounts incurred by Member related to erba911’s performance of services, Membership Fees, and costs incurred. In the event Member terminates this Agreement, termination shall not be deemed effective until Member verifies receipt by erba911 of Member’s termination, which verification shall be by signed writing.
Limitation of Liability. The parties hereby expressly agree that erba911, including its affiliates, agents, managers, officers, directors, shareholders, members and employees shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from this Agreement, including, without limitation, erba911’s performance of services, Member’s participation in erba911, and the sharing or receiving of information by Member, whether such information is provided by erba911 or any other third party. In no event shall erba911 have any liability to Member above the most recent Membership Fees actually received by erba911 from Member pursuant to this Agreement.
Erba911 IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Erba911 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Erba911 makes no warranty that the erba911 sites will be uninterrupted, secure or error free. Erba911 does not guarantee the accuracy or completeness of any information in, or provided in connection with, the erba911 sites. Erba911 is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the erba911 sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
Assignment. This Agreement may not be assigned by Member to any other party.
Entire Agreement. This document constitutes the complete and entire agreement of the parties regarding the subject matter contained herein. Modifications and amendments may be made at the sole and absolute discretion of erba911 and effective upon written notice to Member or publication on erba911’s website: www.erba911.org.
Choice of Law. This Agreement shall be interpreted under the laws of the State of Nebraska without reference to conflict of law provisions.
MEMBERSHIP HIGHLIGHTS FORM
Benefits provided by Access Plus
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TRAVEL DISCOUNTS: Deals on hotels, condos, flights, cruises, car rentals, and vacation packages.
EVENT TICKERS: Save 10% on concerts, sporting events and theater tickets.
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MOVIE TICKETS: Cash back in your pocket with up to 35% savings on your favorite films.
Benefits provided by FlexPerx
GLOBAL TRAVEL ASSISTANCE: When you travel 100 miles or more from home access to network of doctors, assistance with personal and emergency benefits.
FITNESS DISCOUNT: Network of high quality health and fitness clubs at affordable rates.
ROADSIDE ASSISTANCE: Available 24 hours a day, 365 days a year to assist members when owned or leased vehicles are disabled.
Benefits provided by GoMD care
GOMD VIRTUAL HEALTHCARE PROGRAMS: Access to virtual healthcare, free services, discounted labs, pharmaceuticals, imaging and 24 hour counseling.