Terms Of Service - Friday5@endsection
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Five Dollar Friday, LLC (“Friday5”) owns and operates the Internet site located at www.Friday5.org (the "Website"). As used herein, the terms “you”, “your” and “yours” refer to the user or registered user using this Website. The terms “Friday5”, “we”, “us” and “our” refer to Five Dollar Friday, LLC and its related or affiliated companies.
Your continued access and use of the Website is conditional on your acceptance of and continued compliance with the terms and conditions of use set out below (the “Terms and Conditions”). These Terms and Conditions will govern your use of any new features that augment or enhance the current services (together the “Services”). In addition to these Terms and Conditions and any additional terms, the Friday5 privacy notice, found at friday5.org/privacy-policy (the “Privacy Policy”) will govern how personal information you submit on this Website will be used, and together they form the agreement between you and us (the “Agreement”). Nothing in this Agreement will be deemed to confer any third-party rights or benefits. THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
By accessing, browsing, using and/or downloading the pages in this Website, you agree to accept and comply with this Agreement for each use and visit to this Website. If you do not agree to accept and comply with this Agreement, you should not access, browse or otherwise use this Website.
Friday5 reserves the right, at any time, to modify, alter, or update this Agreement, and you agree to be bound by such modifications, alterations, or updates (“Modifications”). Such Modifications will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on this Website or by electronic or conventional mail. Your use of this Website following any such Modification constitutes your agreement to follow and be bound by this Agreement as modified.
This Agreement applies to all users of the Website. As a user, you represent and warrant that you either have reached the age of majority in your jurisdiction of residence, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of thirteen (13), as the Website is not intended for children under thirteen (13).
1. GRANT AND RESTRICTIONS ON USE
All information, including, without limitation,
all
text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and
all
trade-marks, service marks and trade names and the selection and arrangements thereof (collectively
(“Site Content”) is, unless otherwise noted, subject to intellectual property rights including
copyrights and trademarks held by or licensed by Friday5. Except as expressly provided in this
Agreement, no licence to use, copy, distribute, republish, transmit or otherwise exploit any Site
Content is given to you and all intellectual property rights in and to the Site Content are
expressly
reserved to Friday5.
2. MEMBERSHIP AND ACCOUNT
Every week, Friday5 will, in its sole discretion,
designate
a charity to receive donations made by Members (“Featured Charity”), which may include Sports
Spectacular, a registered 501(c)3 organization. Becoming a member of Friday5 (“Member”) means that
you
agree to donate $5 per week to the Featured Charity (“Weekly Donation”). If Sports Spectacular is
not
designated as the Featured Charity for a particular week, a portion of the Weekly Donation may still
be
donated to Sports Spectacular. You agree that as a Member, you will have no ability to select or
object
to the Featured Charity and/or the portion of the Weekly Donation donated to Sports Spectacular.
In order to become a Member, you must create an account (“Account”). When creating your Account, you must provide all required information including a valid credit card number which will be used to make your Weekly Donation (“Credit Card”) and your election as to whether you also would like your Credit Card to also be billed for the credit card processing transaction fees charged to Friday5 for processing your Weekly Donation (“Transaction Fees”). If you do not elect to pay for the Transaction Fees, the actual amount donated to the Featured Charity will be the Weekly Donation minus the Transaction Fees. The information provided must be accurate and complete. The Account set up process will be complete once your Credit Card is successfully charged the Weekly Donation for that week (“Initial Week”) plus the Transaction Fees if you elected to also pay the Transaction Fees. After the Initial Week, your Credit Card will be charged the Weekly Donation plus the Transaction Fees if you elected to also pay the Transaction Fees on Saturday of each subsequent week (the “Billing Day”). In order to stop being a Member and no longer make a Weekly Donation (“Cancel”), you must notify Friday5 via email at cancel@friday5.org. Cancellation will be effective the following Week. By way of example, if you Cancel any time during the week, the last time your Credit Card would be charged the Weekly Donation plus the Transaction Fees if you elected to also pay the Transaction Fees would be on the next Saturday. If at any time the Weekly Donation or Transaction Fees cannot be charged to your Credit Card because your Credit Card has expired, is suspended, or other reason related to your Credit Card or Credit Card provider, Friday5 reserves the right in iits sole discretion to terminate or suspend your membership or to charge your Credit Card later for the previous Weekly Donation or Transaction Fees which could not be charged once the issues with your Credit Card have been resolved or you have submitted a new valid Credit Card. If the Weekly Donation or Transaction Fees cannot be charged to your Credit Card due to a technical issue or error by Friday5, Friday5’s payment processor, or other reason outside the control of Friday5, Friday5 may charge your Credit Card later for the previous Weekly Donation or Transaction Fees which could not be charged during the relevant week.
Weekly Donations, and Transaction Fees if you elected to pay the Transaction Fees in addition to the Weekly Donation, (“Donation Payments”) will be processed by a third party payment procesor, Network for Good. Network for Good’s privacy policy may be viewed at www.networkforgood.org/privacy and its Frequently Asked Questions page may be viewed at www1.networkforgood.org/donationfaq. Friday5 may change the payment processor for Donation Payments at any time, in Friday5’s sole discretion.
You may never use another's Account without permission. By creating an account, you represent and warrant that the information you provide is true and that you will keep it up to date.
You are solely responsible for the Weekly Donation plus the Transaction Fees if you elected to also pay the Transaction Fees, and you must keep your account password confidential and secure. You must notify Friday5 immediately of any breach of security or unauthorized use of your account.
Although Friday5 will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Friday5 or others due to such unauthorized use.
3. ACCEPTABLE USE
You are prohibited from transmitting any “sensitive” personally
identifiable information over the Website, which may include, but not be limited to, any information
about yourself or another person that may relate to health or medical conditions, social
security/social
insurance numbers or national identifiers, credit card, bank account or other financial information,
other information concerning trade union membership, sex life, political opinions, criminal charges
or
convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters
(“Sensitive Personal Information”). You are also prohibited from: (i) using the Website to send or
post
harassing, abusive, or threatening messages; (ii) transmitting through the Website any information,
data, text, files, links, software, or other materials that are unlawful, harmful, threatening,
abusive,
harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise
objectionable, soliciting passwords or personal information for commercial or unlawful purposes,
including hidden pages, links or images, providing instructional information about illegal
activities,
or which threatens our relationships with our partners, customers or suppliers; (iii) attempting to
conceal or misrepresent the identity of the sender or person submitting the information; (iv)
disrupting
the normal flow of the Website, including any dialogue on the Website or otherwise act in a manner
that
negatively affects other participants; (v) sending spam or other direct marketing communications or
posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other
forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or
promoting any activity that would violate any applicable local, provincial/state, national or
international law, including but not limited to any regulations having the force of law while using
or
accessing the Website; (vii) posting or transmitting executable programming of any kind, including
viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling
mechanism; (viii) posting User Submissions or using the Website in such a way that damages the image
or
rights of Friday5, other users or third parties; (ix) using any robot, spider or other automatic
program
or device, or manual process to monitor, copy, summarize, or otherwise extract information from this
Website or the Site Content in whole or in part, including, without limitation, creating any frames
at
any other Websites pertaining to any portions of this Website.
4. ACCESS AND ACCOUNT TERMINATION
Friday5 reserves the right to deny or revoke
access
to this Website, or any part thereof, or to otherwise terminate a user's access to its Website, at
any
time in its sole discretion, with or without cause and without notice to you.
5. ACCESS TO SITE
While Friday5 endeavors to ensure that this Website is
available at
all times, Friday5 will not be liable if, for any reason, this Website is unavailable at any time or
for
any period.
6. DISCLAIMER
THE MATERIALS, INFORMATION AND SERVICES ON THIS WEBSITE ARE
PROVIDED
“AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. TO THE
MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, FRIDAY5 DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND
OTHER TERMS, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS
OF
MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT),
INCLUDING
THOSE ARISING BY STATUE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FRIDAY5
DOES
NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE AVAILABLE OR ERROR FREE.
7. LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRIDAY5 , ANY OTHER PARTY (WHETHER OR NOT INVOLVED
IN
CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS AND AGENTS OF FRIDAY5 EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND
OF
LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT,
INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA,
CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS
INTERRUPTION
AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IN
CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE
RESULTS
OF USE OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR SUBMISSIONS OR DATA, STATEMENTS
OR
CONDUCT OF ANY THIRD PERSON ON THE WEBSITE, ANY OTHER MATTER RELATED TO THIS WEBSITE AND ANY
WEBSITES
LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE
DUE TO
VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR
ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR
ANY
WEBSITE LINKED TO THE WEBSITE.
8. GOVERNING LAW AND ATTORNMENT
This Agreement is governed by and will be
construed
in accordance with the laws of the state of California and the laws of the United States as
applicable
therein. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE OR THIS
AGREEMENT WILL BE INSTITUTED ONLY IN A COURT LOCATED IN LOS ANGELES COUNTY, CALLIFORNIA. YOU AND
FRIDAY5
AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH
LEGAL ACTION OR PROCEEDING.
9. WAIVER
The delay or omission by either party to enforce or exercise any terms
or
right pursuant to this Agreement will not impair any such term or right nor be construed to be a
waiver
thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either
party of any covenants, conditions or agreements to be performed by the other party will not be
construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement
herein contained.
10. THIRD PARTY LINKS
The Website may contain links to third party websites that
are
not owned or controlled by Friday5. Friday5 has no control over, and assumes no responsibility for,
the
content, privacy policies, or practices of any third party websites. In addition, Friday5 will not
and
cannot censor or edit the content of any third-party site. By using the Website, you expressly
relieve
Friday5 from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
11. MISCELLANEOUS
If any part of these Terms and Conditions is unlawful, void, or
unenforceable, that part will be deemed severable and will not affect the validity or enforceability
of
any remaining provisions. Any information related to your use of this Website for illegal purposes
will
be provided to law enforcement authorities. This Agreement constitutes the entire agreement between
the
parties relating to the use of this Website and supersedes and replaces any prior agreement and
communication between the parties relating thereto.