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.
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 [email protected] 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.
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.
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.
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.
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.
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.