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The Pass Terms & Conditions

Terms and Conditions of Use

  1. User’s Acknowledgment and Acceptance of Terms

    Berkshire Welco, LLC and its Affiliates (collectively "Berkshire Welco”, "us” or "we”) provide our website and various related services, including but not limited to any and all social media pages and channels (collectively, the "Site”) to you, the user ("you” or "user”), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms”), as well as any other written agreement between us and you. As used herein, "Affiliates” includes our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, third party service providers, sponsors, and advertisers, and including (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

    In addition to these Terms, when using particular services or materials on this Site, including but not limited to your use of third party payment processing or other third party services, users shall be subject to any terms, agreements, and posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms. All such terms, agreements, guidelines or rules are hereby incorporated by reference into these Terms.

    BY ACCESSING AND USING THE SITE YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AS WELL AS OUR PRIVACY POLICY https://www.thepass.co/privacy-policy AND YOU AGREE THAT THE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT GOVERNING YOUR USE OF THE SITE. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE TO THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE IF YOU ARE UNDER THE AGE OF TWENTY-ONE YEARS OLD OR YOU DO NOT HAVE THE CAPACITY OR AUTHORITY TO ENTER INTO THIS AGREEMENT.

    We expressly reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.

    We reserve the sole right to either modify or discontinue the Site, including any of the Site features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms.

  2. No Medical Advice

    The contents of the Site, including any text, graphics, images or information obtained from the Site are for informational purposes only. None of our products or any information conveyed on the Site is intended to diagnose, treat, cure, or prevent any disease. None of our content is not intended to be a substitute for professional medical advice, counseling, diagnoses, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

  3. Minimum Age

    You must be over the age of 21, or otherwise legally permitted, to use the Site.

  4. Use of the Site

    Berkshire Welco is not responsible for the delivery of information and content from or to the Site or to a mobile device as such delivery may fail due to circumstances or conditions beyond Berkshire Welco’s control. You understand and acknowledge that aspects of the Site, including but not limited to embedded content, may be managed by third party service providers and are outside of Berkshire Welco’s control. Berkshire Welco is not responsible or liable for problems related to features managed by third party service providers.

    You understand and acknowledge that your use of the Site from a terminal such as a mobile device or personal computer is subject to any agreements you have with your network service provider. Content distributed via the Site may be unencrypted. As such, transmissions may be unknowingly and/or unintentionally intercepted by third parties. Your use of the Site acknowledges this fact and releases Berkshire Welco, its contractors, agents, representatives and any other Affiliates from any such liability that may arise in the event of such unauthorized interception or access.

    As Berkshire Welco does not maintain or have access to your device, e-mail server, and does not maintain or have access to networks outside of the domain and control of Berkshire Welco, by using the Site you agree that Berkshire Welco bears no liability or responsibility for the security or control of any communication once delivered.

    As reliability and effectiveness of the Site may be limited by your geographic location, selected network operator or your mobile device, you agree and accept that Berkshire Welco is not responsible in the event the Site or any portion of the Site does not function.

    Berkshire Welco is unable to guarantee the reliability and delivery of content or the Site to your mobile device, since technology such as mobile networks and internet service providers are outside of Berkshire Welco control. Accordingly, by using the Site you acknowledge that any such disruptions shall not be the responsibility of Berkshire Welco.

    Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Site. By posting information in or otherwise using any communications service or any interactive feature that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

    1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
    2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
    4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
    5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
    6. impersonates any person or entity, including any of our employees or representatives.

    We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services or other interactive services that may be available on or through this Site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

    In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

    You may not access, use, or copy any portion of the Site or their content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Site’s content. Except as expressly authorized by us in writing, in no event you will reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or its content or any access to or use of the Site or their content.

    You agree that we may at any time, and at our sole discretion, terminate your access to the Site without prior notice to you. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

  5. Third Party Websites and Information

    This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

  6. Intellectual Property Information

    Copyright (c) June 25, 2020 Berkshire Welco, LLC All Rights Reserved.

    For purposes of these Terms, "content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site.

    By accepting these Terms , you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Berkshire Welco. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any content that is available on this Site. You are prohibited from aggregating information on our Site that is in the public domain and publishing it elsewhere. Without limiting the above, you are not authorized to use the content in order to gain a competitive advantage for marketing purposes (including third-party solicitations), to harass, abuse or harm others, or in a way that otherwise exceeds the scope of your authorized access to this Site. In addition, you are not authorized to use, access, search or obtain data from the content of this Site by using any deep-link, framing, page scrape, robot, spider or other automatic device, program, algorithm or similar methodology.

    All logos, slogans and trade dress, including the look and feel of the Site ("Trademarks”) are trademarks owned by Berkshire Welco to uniquely identify our Site and the services offered. All other trademarks or service marks are property of their respective owners. You agree not to use these Trademarks anywhere without our prior written consent. In other words, by accepting this Agreement, you cannot use the Trademarks for any purpose. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

    Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

  7. Unauthorized Use of Materials

    Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

    Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

    We respect the intellectual property of others, and we ask you to do the same. If you or any user of any aspect of the Site under our control believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. With respect to copyright infringement claims, to be effective, the notification must include:

    1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
    2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
    3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
    4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
    5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
    6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
    7. Sign the paper.
    8. Send the written communication to the following address:
  8. We are not responsible for the removal of any content on any aspect of the Site we do not control, including social media pages and third party media channels, and you must separately contact those third parties.

    Designated Agent under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) for claimed infringement:

    Contact: Berkshire Welco, LLC Compliance Department

    Address: 490 Main Street Ste. 2, Great Barrington, MA 01230
    (413) 644-6892

    You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  9. Disclaimer of Warranties

    ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

    THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

    THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

    WE ARE NOT RESPONSIBLE FOR THE CONTENT PRODUCED BY OR THE SERVICES RENDERED BY ANY THIRD PARTY THAT MAY BE REFERENCED ON THE SITE OR TO WHICH ACCESS MAY BE PROVIDED VIA THE SITE. WE MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SITE. WE DO NOT OPERATE OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES.

    WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

    Content available through this Site may represent the opinions and judgments of an information provider, Site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Berkshire Welco spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into these Terms.

    You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

    You understand and agree that the services available on this Site are provided "AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

    SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  10. Limitation of Liability

    IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEB WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.

    FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS AND OTHER SERVICES PROVIDE BY THIRD PARTIES.

  11. Indemnification

    You agree to defend, indemnify and hold us and our representatives harmless from any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of the Site, their content and any services available on or through the Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims, and we may require you to pay for an attorney(s) in such cases. However, we reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties, and you shall be liable for the damages as though we had proceeded with a trial.

  12. Security and Password

    You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

  13. Participation in Promotions

    From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

  14. Out of State Use

    Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the Commonwealth of Massachusetts, United States of America, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

  15. Termination of Use

    You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

    Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

  16. Governing Law

    This Site (excluding any linked Sites) is controlled by us from our offices within the Commonwealth of Massachusetts, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Commonwealth of Massachusetts, by accessing this Site both of us agree that the statutes and laws of the State of Commonwealth of Massachusetts, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Massachusetts with respect to such matters.

    YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE MATTERS CONTEMPLATED HEREBY.

  17. Agreement to Arbitrate; Waiver of Class Action.

    If you are located in the United States, you agree to resolve disputes only on an individual basis, through arbitration pursuant to the following provisions. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity:

    1. Disputes. A dispute is any controversy between you and Berkshire Welco concerning the Site, any software related to the Site, the price of any products or services, your account, Berkshire Welco’s advertising, marketing, or communications, your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your or Berkshire Welco’s intellectual property rights. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution, to hello@ThePass.co.
    2. Small Claims Court Available. You may initiate an action in your local Small Claims Court if you meet the court’s requirements. However, if such a claim is transferred, removed or appealed to a different court, Berkshire Welco reserves the right to require arbitration.
    3. Arbitration Procedure. Disputes not resolved pursuant to Section A or B shall be resolved through arbitration. The American Arbitration Association ("AAA”) will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration hearings will take place in the federal judicial district of Your primary business location. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity .
    4. Arbitration Fees. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
    5. Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.
    6. Requirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in Small Claims Court or noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.
    7. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision herein is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Agreement, inclusive of the severed provision.
  18. Notices

    All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at "hello@ThePass.co”, if by email, or at Berkshire Welco, LLC, 490 Main Street, Great Barrington, MA 01230] if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

  19. Entire Agreement

    These Terms (including any applicable incorporated third party agreement) constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. Except as provided herein, these Terms may not be altered, supplemented, or amended by the use of any other document(s). Except as provided herein, any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

  20. Miscellaneous

    In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

    You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms .

    You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.

    In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

    If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

    Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

    You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

  21. Contact Information

    Except as explicitly noted on this Site, the services available through this Site are offered by Berkshire Welco, LLC, a [Limited Liability Company], located at 490 Main Street, Great Barrington, MA. Our telephone number is (413) 644-6892 If you notice that any user is violating these Terms, please contact us at our Email Address for Complaints, support at thepass.co.

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