Terms of use

These Terms of Use (this "Agreement") govern any Membership in the Puffin Pass Rewards Member Program. The Puffin Pass Rewards Member Program ("Membership") is a joint loyalty program brought to you by Kenai Fjords Tours and Alaska Heritage Tours for lodging and tour properties, including Kenai Fjords Tours, Talkeetna Alaskan Lodge, Prince William Sound Glacier Cruises, Seward Windsong Lodge, Mariah Tours, and Kenai Fjords Wilderness Lodge ("Alaska Heritage Tours", "we," "us," "our," "ours"). Use of the program at any time subjects the user ("you," "your," "yours," "Members") to the terms and conditions hereof.

The Puffin Pass Rewards Member Program entitles Members to the specific promotional offers and discounts on lodging, day cruises and other travel venues as featured on PuffinPass.com. Member benefits can be used directly by Puffin Pass Rewards Members or they can be shared with a Member's friends or visiting family. The Member is not required to travel with such friends and family. Promotional offers and discounts are expected to change continually and are subject to change without notice.

CERTAIN CONDITIONS

(a) For any discount or other benefit to apply, the Membership account number must be active and available at the time of initial booking or purchase. You will not be reimbursed retroactively for purchases made without a Membership.

(b) Membership benefits are only valid on eligible purchases at Alaska Heritage Tours participating properties and purchases from PuffinPass.com. Member discounts are not available on purchases of gift certificates, gift cards, other promotional rates or specials, or group travel.

(c) Membership benefits can not be used in conjunction with any coupons or with any corporate or prearranged group discounts such as the following, unless specifically stated: educator discounts; employee or organizational discounts; AAA discounts; government discounts; CIRI Shareholder discounts; and tour book discounts.

(d) When used online at PuffinPass.com, a Member Program account may only be associated with one PuffinPass.com account.

(e) We expect Members to submit and maintain accurate user information in connection with their Puffin Pass Rewards member account. Such information includes name, address, e-mail address and telephone number. Members can change their account information by (i) completing an Update Member Profile form at PuffinPass.com, or (ii) calling us at 800-4688068. We cannot assume any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected.

MEMBERSHIP

Membership is limited to Alaskan residents for their personal travel and travel for any family member or friends. Travel wholesalers, agencies and other commercial operations are not eligible to participate. There is currently no annual Membership fee or expiration.

You have the right to cancel your Membership at any time.

If you activated your Membership at any Alaska Heritage Tours property, including Kenai Fjords Tours, Prince William Sound Glacier Cruises, Talkeetna Alaskan Lodge, Seward Windsong Lodge, or at the Great Alaska Sportsman Show or Anchorage Market and Festival, you can cancel your Membership by presenting your Member card to our staff at any location, as listed above.

If you activated your Membership online at PuffinPass.com (www.PuffinPass.com), you can cancel your Membership by (i) calling us at 800-468-8068 or (ii) contacting us via email at info@PuffinPass.com.

We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests.

We may terminate any or all of the benefits available under the Puffin Pass Rewards Member Program at any time with or without notice.

PRIVACY

As a Member, the information we capture will be subject to the Puffin Pass Rewards Member Program Privacy Statement as amended from time to time in accordance with its terms. You may view the current version of the Privacy Policy at www.PuffinPass.com/Privacy.cfm. You may receive of a copy of the Privacy Statement by calling 800-468-8068.

USE OF PUFFIN PASS REWARDS MEMBERSHIP IS AT YOUR SOLE RISK. THE MEMBER BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CIRI ALASKA TOURISM CORP., PUFFINPASS.COM, AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "PROVIDER") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTY THAT (i) PUFFIN PASS REWARDS MEMBERSHIP WILL MEET YOUR REQUIREMENTS, (ii) PUFFIN PASS REWARDS MEMBERSHIP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF PUFFIN PASS REWARDS MEMBERSHIP WILL MEET YOUR EXPECTATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PUFFIN PASS REWARDS MEMBERSHIP OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE PUFFIN PASS REWARDS MEMBERSHIP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PUFFIN PASS REWARDS MEMBERSHIP DATA; OR (iv) ANY OTHER MATTER RELATING TO PUFFIN PASS REWARDS MEMBERSHIP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.

This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Alaska, without regard to conflict of law principles.

Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Puffin Pass Rewards Member Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude CIRI Alaska Tourism Corp., or PuffinPass.com from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).

We may change the terms of this Agreement at any time by posting a revised Agreement on the Member Program website located at www.PuffinPass.com/Terms.cfm. We may also notify Members of such change in writing either by regular mail or via e-mail to the e-mail address in the Member's account. Any change shall take effect upon thirty (30) days from the date it is posted on the Member Program website. You may view the current version of this Agreement at any time online at www.PuffinPass.com/Terms.cfm or you may obtain a copy of it by calling 800-468-8068.

This Agreement was last modified on April 1, 2008.