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    Flames Pass Terms and Conditions

    Flames Pass Cardholder Agreement

    Terms and Conditions

     

    Definitions

    As used in this Cardholder Agreement (“agreement”), the terms “we,” “us,” “our,” and the “university” refer to Liberty University, Inc., a Virginia non-stock corporation. The terms “cardholder,” “you,” and “your” in this agreement refer to the person whose name and image appear on the Liberty University Flames Pass. The term “card” refers to the physical or digital Flames Pass with your name and unique identification number. “Wallet” means a financial transaction application operating on an iOS or Android-based device or other payment services platform managed or owned by a third party.

    Flames Pass

    The Liberty University Flames Pass is a permanent identification and payment card for students, faculty, staff, and contracted employees. The card is issued under the following terms and conditions, which constitute enforceable contractual obligations between you and Liberty University. By clicking the agreement button below, using the card, or adding money to your account, you represent to the university that you have read, understand, and agree to the terms and conditions of this agreement. Once issued, your card is valid as long as you are registered as a student or employed at Liberty University or with a university contractor. There is no fee for the initial issuance of your card.

    Use and Ownership of the Flames Pass

    The card is the exclusive property of the university. References in these terms to “your card” means only the card assigned to you by the university. The card is non-transferable, and you are the only person authorized to use the card. Any use by a person other than you will be subject to university disciplinary sanctions. The sanctions may be brought against both you and the person using your card. It is your responsibility to protect and maintain the condition of your card. The card is for the purposes of identification, access to university buildings, and the transaction of business at the university (e.g., buying food at a food court on campus). You may also use your card to pay for purchases at places that have agreed to accept the card for payment on and off campus. The card must be carried when you are on university property and presented upon request by university personnel for identification purposes. Your card may be cancelled or revoked by the university at any time and must be returned to the university ID & Campus Services upon request by the university. All functionality of the card will cease upon termination of employment, dismissal from the university, or you ceasing to be registered as a student or staff of the university. The card must be treated with care. You may not attach items (e.g., stickers), deface, or punch holes in the card. Fees may apply to replace lost, stolen, or damaged cards, as provided below.

    Use of Card Through a Digital Wallet

    We have entered into an agreement with Transact Campus Inc. to allow eligible cardholders to provision their card to a qualifying Wallet, in lieu of a physical card. This enables you to (i) make contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments using a mobile card; and (ii) contactless access to certain university facilities, services, and events (collectively, “Services”). By placing your device near a contactless-enabled point-of-sale terminal or reader, you are authorizing the Services through the Wallet. Except as otherwise provided, we will not charge you any additional fees for adding your card to a Wallet or for using your card through a Wallet. Wallet providers and other third parties such as wireless companies or data service providers may charge you fees, for which you are solely responsible. You are also responsible for reporting and paying any applicable taxes arising from transactions originated using your card and you must comply with any and all applicable tax laws in connection therewith.

    We determine card eligibility criteria in our sole discretion and reserve the right to: (i) terminate our participation in or with Services, Wallet, or Wallet providers at any time; (ii) issue to you, and require that you use, a physical card, in lieu of, or in addition to, a Wallet, at any time and for any reason; (iii) limit the number of cards that may be added to a Wallet; (iv) determine which university facilities, products, services, and events are eligible for Services using a card and/or Wallet; and (v) block a card in a Wallet from Services at any time.

    We do not own or manage the Wallet in any way, and we are not responsible for providing the Wallet to you. We are only responsible for supplying information securely to the Wallet provider to allow usage of the card through the Wallet. We are not responsible for any failure of the Wallet, for any errors, delays caused by or your inability to use the Wallet for any transaction. We are not responsible for the performance or non-performance of the Wallet provider or any other third parties regarding any agreement you enter with the Wallet provider or associated third‐party relationships that may impact your use of the Wallet.

    To add an eligible card to a Wallet, follow the steps on our webpage https://www.liberty.edu/flamespass/university-id/mobile-flames-pass/. If you wish to remove your card from a Wallet, contact the Wallet provider for instructions. As stated above, a card must be carried when you are on university property and presented upon request by university personnel for identification purposes. Therefore, should you remove your card from a Wallet, it is your responsibility to either reprovision your card to a new Wallet or to request that we issue a physical card to you. If you opt for a physical card, we will charge you the current fee in effect at the time of your request to issue you a physical card.

    Privacy Statement

    Personal information collected for the card, including your name, image, and data collected concerning your use of university facilities and Services will be used only for (i) university purposes, (ii) when necessary to complete a transaction, (iii) as may be required to comply with government agency or court orders or subpoenas, (iv) in accordance with the university’s Privacy Policy https://www.liberty.edu/offices/privacy-policy/, or (v) otherwise with your permission.

    By adding your card to a Wallet, you authorize us to share your information with the Wallet providers, merchants, payment networks, and other parties required to provide the Services, to make information available to you about your card transactions, and to improve our ability to offer Services to you. We do not control the privacy and security of your information that may be held by Wallet providers, which is governed by the privacy policies of the Wallet provider.

    Notices; Periodic Statements; Acceptance in Electronic Form

    You consent to receive electronic communications and disclosures from us and from entities working on our behalf to service your accounts, in connection with your card, the Wallet, and concerning the terms of this agreement. You authorize us to contact you by email, text, or phone at any email address you provide to us or through the mobile device on which you have provisioned the card. You agree to update your contact information with us promptly when it changes.

    We will provide you a monthly, electronic account statement which you can access by visiting the Flames Pass eAccounts portal located at www.liberty.edu/addflamescash. We will not send you a written statement. With respect to your use of a Wallet, you agree and acknowledge that the transaction history displayed in the Wallet solely represents our authorization of your Wallet transaction and may not reflect complete information about the transaction, nor any post-authorization activity, including but not limited to clearing, settlement, foreign currency exchange, reversals, returns or chargebacks.

    Accordingly, the purchase amount, currency, and other details for the Wallet provider’s transaction history in connection with use of your card in the Wallet may be incomplete and may not match the transaction amount that ultimately clears, settles, and posts to your card account statement, which is the prevailing document.
    LOST OR STOLEN

    Lost or Stolen Cards; Loses from Unauthorized Use; Your Liability

    If you believe your card has been lost or stolen, or if you believe that an electronic fund transfer has been or may be made without your permission using your card or information from your card, freeze your card IMMEDIATELY by contacting ID & Campus Services or logging onto the Flames Pass Accounts portal at www.liberty.edu/addflamescash with your Liberty University login credentials. Additional information is available on our department webpage https://www.liberty.edu/flamespass. There is no fee to freeze your card or to reprovision your card to a new Wallet. We will assess the fee in effect at the time of your request to replace a physical card.

    The university is not responsible for any losses or damages you incur due to unauthorized use of your account except as specified in this agreement. You could lose all the money in your account. If you tell us within two (2) business days after you learn of the loss or theft of your card, your loss will be limited to $50 if someone used your card without your permission.

    If you do not tell us within two (2) business days after you learn of the loss or theft of your card, and if we can show that you could have stopped someone from using your card without your permission if you had told us, your loss will be limited to $500.

    If your card statement shows transfers that you did not make, including those made by card, code, or other means, tell us immediately following the same procedures mentioned above. If you do not tell us within 60 days after your statement is available (the “Notification Period”), and if we can show that you could have stopped someone from taking the money if you had told us in time, you may not get back any money you lost after the Notification Period. If extenuating circumstances (for example, a hospital stay) kept you from telling us, we may, at our sole discretion, extend the Notification Period for a reasonable length of time. Regardless, you should electronically freeze your card or notify us of lost and stolen cards, as well as unauthorized use, immediately to help reduce liability.

    Notifying the University

    Any notice that you are required to give the university under this agreement must be given in writing or verbally by calling (434) 582-7771. To notify us in writing, email: campusservices@liberty.edu; or write: ID & Campus Services, 1720 Montview Student Union, 1971 University Blvd., Lynchburg, VA 24515. Please understand that physical mail takes longer and is not the most effective means of notification. Also, the time periods for notification above apply to the date of receipt by ID & Campus Services.

    If you notify us verbally, you should also notify us in a follow-up writing at the email or physical address above with certified mail or some other service which will allow you to verify the date that you notified us. If you notify us by telephone, and your call is routed to voice mail, you must call back during business hours and speak to a live person to be certain that your report is effective.
    For purposes of this agreement, our business days are Monday through Friday, excluding holidays. Business hours apply.

    Declining Balance Account

    Placing funds in your card account with the university creates a prepaid services declining balance account. You may use your card as a declining balance card where accepted, provided funds are available in your account. Funds deposited in your account are non-transferable. Funds can be added to your account online at www.liberty.edu/addflamescash. Funds can also be added to your flexible spending account at ID & Campus Services. Accepted forms of payment are cash, Master Card, Visa, Discover and American Express. If you attempt to use your card when there are insufficient funds available, the transaction will be denied. If any transaction is approved despite the lack of sufficient funds, causing a negative balance, you agree to pay the negative balance to the university within 10 calendar days.

    Deposits will be posted to your account for immediate use. There is no earned interest associated with your account. You are responsible for deposits made by credit card that do not clear as well as purchases made against the deposit, and you agree to repay the amount of any negative balance resulting from purchases made against the deposit within 10 calendar days. Rejected credit or debit transaction deposits will be immediately removed from your account. You will be charged the current university returned transaction fee, which may be assessed directly against your account. The university reserves the right to place your account on hold in the event a deposit is returned or rejected.

    Debits resulting from your failure to properly use or deactivate the card are your responsibility.

    Debiting Your Account, Setoff of Account Funds

    The university will not debit your account other than to complete transactions authorized by use of your card or as permitted under the terms of this agreement. Account history is available by logging into the Flames Pass portal website.

    The balance in your account is subject to set-off by the university against any amounts you owe the university at that time or after. For example, if you owe tuition or other charges to the university which are past due, or if you withdraw as a student while owing any amount to the university, the university can apply the remaining balance in your card account to the amount owed for such tuition or other charges (this is an example only—the right of offset applies to any amount you owe to the university for any reason).

    Errors or Questions about Electronic Transfers

    If you think your statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt, send an email to campusservices@liberty.edu or write us at ID & Campus Services, 1720 Montview Student Union, 1971 University Blvd., Lynchburg, VA 24515 as soon as you can. You must notify us within the Notification Period. When the problem or error appears on multiple statements, the

    1. Tell us your name and ID number.
    2. Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
    3. Tell us the dollar amount of the suspected error.

    If you tell us verbally, you must also send us your complaint or question in writing within 10 business days.

    We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

    For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

    We will tell you the results of our investigation within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

    Termination of account; Forfeiture of funds

    If your declining balance account has no activity for a period of two (2) consecutive years, you agree that the full amount in your account will be forfeited to the university and become the property of the university. Once the amount in your account is forfeited to the university, you will not receive a refund.

    No cash withdrawals from the card account are permitted. Once you are no longer a student, employee or otherwise affiliated with Liberty, you may deactivate your account and request a refund of your account balance, subject to an administrative fee of $25.00, and subject to the university’s right of setoff outlined above, by sending an email to campusservices@liberty.edu or by writing us at Card Services, 1971 University Blvd., Lynchburg, VA 24515. No refunds will be issued if the balance of your account is less than $25.00. Your account cannot be re-opened once it is deactivated. No refunds, other than those described in this agreement, will be issued.

    ID & Campus Services Location

    ID & Campus Services is located just inside the Montview Student Union on Main Campus.

    Our Liability

    If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable, subject to the limitations below, for your losses or damages related to our mistake. However, we will not be liable:

    1. If, through no fault of ours, you do not have enough money in your account to make the transfer.
    2. If the system was not working properly and you knew about the breakdown when you started the transfer.
    3. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
    4. If any other exceptions so provide, whether stated elsewhere in this agreement or provided by any law, regulation, court order, or case law.

     

    WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO YOUR ADDING A FLAMES PASS TO A WALLET, OR YOUR ACCESS OR USE OF A WALLET. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO ANY AND ALL WALLETS AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM WALLETS.

    Spending Limits

    To minimize potential loss to you, unattended locations/applications, such as vending and photocopiers, may impose a daily spending limit. Except as otherwise stated in this agreement, there is no daily limit on the number of transactions or their dollar total, other than the available balance in the account.

    Change to the Terms

    The university reserves the right to amend the terms of this agreement by posting or displaying such amendments in Card Services and on the Card Services website, or by any other reasonable means of notice. You are bound by such amendments from the date they become effective.

    Discontinuation of the Flames Pass or Declining Balance Account Program

    The university may, for any reason, decide to discontinue the Flames Pass or the declining balance account program, or both, or transfer its administration of either to an entity the university deems qualified to manage the program. In such an instance, upon your request you will be given a refund of any account balance remaining on the date of discontinuation or be permitted to transfer your balance to the new administrator. Any funds not claimed or transferred within two years of the discontinuation of the declining balance account program will be forfeited to the university and become the property of the university.

    Cost of Collection

    In the event you default on any obligation in this agreement or fail to pay when due any amount owed to the university under the terms of this agreement, you agree to pay any and all expenses incurred in the collection of the indebtedness under this agreement, including reasonable attorney’s fees, court costs, accrued interest and other sums due and payable.

    Severability/Modification

    In the event any section of this agreement is found to be unenforceable, you agree the remaining sections will remain enforceable and fully binding upon you. This agreement may be modified only as set forth in this agreement. Any alleged verbal modification of your obligations under this agreement is void. The use of the term “and/or” in this agreement will be construed to impose the greater obligation on you.

    Descriptive Headings

    The descriptive headings of the several sections of this Agreement are inserted for convenience only and will not be deemed to affect the meaning or construction of any of the provisions in this agreement.

    Binding on Successors

    Each of your promises and agreements contained in this agreement is binding on your assignees, subrogors, distributees, family members, heirs, next-of-kin, executors, personal representatives, administrators, and successors of every kind.

    Governing Law; Forum for Disputes

    You agree that any and all disputes between you, and Liberty University or its officers, directors, employees, agents, servants and insurers arising from your use of the card, or any dispute regarding this agreement, will be governed by the Laws of the Commonwealth of Virginia, excluding its choice of laws provisions. You agree that the venue for any such dispute between you and Liberty University will be in the state court located in Lynchburg, Virginia and that you waive your right to a trial by jury.

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