Policies

BoosterSpark Terms of Use

effective July 1, 2020

Thank you for being a part of the BoosterSpark community. By visiting our website, or creating a BoosterSpark account, or visiting a BoosterSpark-powered website, you agree to abide by the following terms of use. Please read these terms and conditions carefully before using our services. You agree that by accessing the BoosterSpark platform, you have read, understood, and agree to be bound by these Terms and Conditions of Use, our Privacy Policy, and other policies. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING BOOSTERSPARK AND YOU MUST DISCONTINUE USE IMMEDIATELY.

DEFINITIONS

"BoosterSpark" and "BoosterSpark platform" refer to our Software-as-a-Service (SaaS) platform which helps booster clubs maximize the impact made on their community.

"We" and "us" and "our" refer to Cedarock Communications which owns and operates BoosterSpark.

"You" refers to the individual accessing or using BoosterSpark. You can be a User or a Club.

"User" refers to any person who creates a user account. This account will allow you to sign in to BoosterSpark and any BoosterSpark-powered website.

"Club" refers to booster club organizations who can or do utilize BoosterSpark.

"Subscription" and "subscribe" refer to the recurring monthly service provided by BoosterSpark to Clubs.

"Account" refers to the User's or Club's BoosterSpark account.

"Club Administrator" refers to Club-appointed Users with administrative access to the Club's BoosterSpark Account.

"Club Manager" is a web-based tool available to Club Administrators & Team Members.

"Member" refers to a person who purchases a membership via a BoosterSpark-powered Club website.

"Sponsor" refers to an organization who purchases a sponsorship via a BoosterSpark-powered Club website.

"Plan" varies by use. It can refer to a BoosterSpark Subscription plan, a Club's Membership plan, or a Club's Sponsorship plan.

"Content" refers to writings, video, audio, photographs, graphics, or other material generated by Clubs and Sponsors on BoosterSpark-powered websites.

BE NICE

BoosterSpark exists to foster community, raise funds for student opportunities, and generally make the world a better place. We expect our Users and Clubs to conduct themselves in that spirit while using our platform. We reserve the right to suspend or delete an Account if the Account appears to be harming our software, brand, Clubs, or Users. We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach our Policies. Upon termination, your right to use BoosterSpark will cease immediately.

FEES - USERS

Users can create a User Account at no charge. Users can purchase items from BoosterSpark-powered Club websites; the fee for those purchases is defined by each Club.

FEES - CLUBS

Clubs pay a recurring monthly fee for a BoosterSpark subscription. This recurring fee will be automatically paid every month by the bank account or credit card on file provided by the Club. The subscription will remain in effect until Club cancels their subscription.

Clubs agree to pay all charges or fees at the prices then in effect for your subscriptions, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through boosterspark.com.

REFUNDS

Our refund policy can be found at boosterspark.com/policies/refund.php.

CANCELLATION POLICY

Clubs can cancel a BoosterSpark subscription at any time. To cancel, a Club Administrator must sign in to My Account on Club's BoosterSpark-powered website, or boosterspark.com. After signing in, the Club Administrator can launch the Club Manager tool, select "Manage BoosterSpark Subscription," and follow the prompts for canceling the subscription. The cancellation will take effect at the end of the current paid term. No refunds will be given for fees already paid. Please allow 5 business days for the cancellation process to complete. If you are unsatisfied with our services, please email us at support[at]boosterspark.com.

STRIPE

BoosterSpark relies on Stripe to process payment for online transactions. Stripe will deduct a processing fee from each transaction, then deposit the balance in Club's account, according to the terms & conditions found on Stripe's website.

APPLICATION FEE

Some BoosterSpark plans have no Application Fee. Other plans charge a per-transaction fee, and that fee is called an Application Fee. If Club subscribes to a BoosterSpark plan having an Application Fee, Stripe will deduct that fee from each transaction. Application Fees are above and beyond Stripe's transaction fee, and they are routed automatically to BoosterSpark.

DATA SHARING

BoosterSpark gathers and records User data such as name, address, phone, email, and password. We will not sell nor share this information with Clubs or third parties without User's permission. We will, however, share a User's contact information with a Club when a User commits an action such as buys a membership or a sponsorship, makes a donation, signs up as a volunteer, etc. via that Club's BoosterSpark-powered website. The User's purchase grants BoosterSpark permission to share User's information with the Club for the purpose of order fulfillment and Club communications.

BoosterSpark gathers and records Club data such as name, contact information, membership plan details, sponsorship plan details, website content, etc. The vast majority of this information will appear on Club's publicly accessible BoosterSpark-powered website. BoosterSpark will not sell this information to third parties without Club's permission.

BoosterSpark-powered websites rely on a third party, Stripe, to process credit card and debit card and ACH transactions. When a User makes a purchase on a BoosterSpark-powered website, Stripe will gather payment information, process payment, and record transaction details. The Club and BoosterSpark will have access to transaction data but will not have access to sensitive information such as the User's credit card number. Stripe's privacy policy is available at www.stripe.com/privacy

Our privacy policy can be found at boosterspark.com/policies/privacy.php.

Our cookie policy can be found at boosterspark.com/policies/cookies.php.

COPYRIGHT INFRINGEMENT

Report copyright infringement concerns to support[at]boosterspark.com.

ORDER FULFILLMENT

We are responsible for providing BoosterSpark platform resources to Clubs. Clubs are responsible for delivering products and services, such as membership kits and sponsorship benefits, sold on their BoosterSpark-powered websites. Clubs are expected to fulfill orders in a reasonable period of time. Failure to do so may result in suspension of Club's BoosterSpark Account. If a User has not received an order on a timely basis, the User must resolve the issue with the Club, not BoosterSpark. However, BoosterSpark would appreciate hearing about the issue so we can investigate and determine if the Club's Account should be suspended for a violation of our policies.

MEMBERS, MEMBER CARDS, GEOTRACKING

Users who purchase a Club membership may receive, at the Club's discretion, a Member Card. This card is valid for one school year (July 1 through June 30, as noted on the Card) for one person. Cards can not be shared or used by multiple people. Cards include a QR code which helps Clubs detect fraudulent use. When scanned, these QR codes will record the date, time, and latitude/longitude coordinates of the scan.

SPONSORS, SPONSOR CARDS, GEOTRACKING

Users who purchase a Club sponsorship may receive, at the Club's discretion, a Sponsor Card. This card is valid for one school year (July 1 through June 30, as noted on the Card) for one person. Cards can not be shared or used by multiple people. Cards include a QR code which helps Clubs detect fraudulent use. When scanned, these QR codes will record the date, time, and latitude/longitude coordinates of the scan.

SPONSOR WEB PAGES

Sponsors receive one web page on their Club's BoosterSpark-powered website. The Sponsor is responsible for any content that appears on that page. Content should be appropriate for families with young children. For this reason, Clubs and BoosterSpark reserve the right to edit Sponsor websites.

Our acceptable use policy can be found at boosterspark.com/policies/acceptable-use.php.

USER GENERATED CONTENT

Clubs and their Sponsors are responsible for the content found on Club websites and Sponsor web pages. Clubs and their Sponsors should refrain from using copyrighted or trademarked content without consent of the content owner. BoosterSpark reserves the right to remove harmful or illegal content and/or suspend or cancel offending Accounts.

Content may be viewable by website visitors, search engines, and third-party websites. As such, any content you transmit may be treated in accordance with the terms in our policies. When you create or make available any content, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize the BoosterSpark platform to use your content in any manner contemplated by BoosterSpark and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your content on the BoosterSpark platform.
  • Your content is not false, inaccurate, or misleading.
  • Your content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your content does not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  • Your content does not violate any applicable law, regulation, or rule.
  • Your content does not violate the privacy or publicity rights of any third party.
  • Your content does not contain any material that solicits personal information from anyone under the age of 18 .
  • Your content does not contain any material that exploits people in a sexual or violent manner.
  • Your content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your content does not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the BoosterSpark platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use BoosterSpark.

Our acceptable use policy can be found at boosterspark.com/policies/acceptable-use.php.

EMAIL

Users can mangage their email preferences by signing in to My Account on their Club's BoosterSpark-powered website, or boosterspark.com. BoosterSpark reserves the right to send email to Users and Clubs as follows:

  • transaction-related messages
  • account-related messages
  • system-related issues
  • opt-in newsletters
DOMAIN NAMES

BoosterSpark will provide a free domain name for Clubs who subscribe to BoosterSpark. New domains will be registered by BoosterSpark at the registrar of BoosterSpark's choice. BoosterSpark will be shown as the Billing Contact and the Club will be shown as the domain owner. This approach ensures the Club can retain ownership of the domain even if they cancel their BoosterSpark subscription. However, the domain would need to be transferred, by Club, out of BoosterSpark's account and Club would assume responsibility for all future domain renewal payments.

If a Club has an existing domain name, they have the option of transferring the domain to BoosterSpark in order to qualify for a free domain name. Transferred existing domains will continue to show the Club as owner.

Domains registered by BoosterSpark may, at our discretion, utilize WHOIS privacy.

WEBSITE HOSTING

Our hosting agreement can be found at boosterspark.com/policies/hosting.php.

PLATFORM MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the BoosterSpark platform for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the BoosterSpark platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the BoosterSpark in a manner designed to protect our rights and property and to facilitate the proper functioning of the BoosterSpark platform.

USER REPRESENTATIONS

By using the BoosterSpark platform, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the BoosterSpark platform through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the BoosterSpark platform for any illegal or unauthorized purpose; and (5) your use of the BoosterSpark platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the BoosterSpark platform (or any portion thereof).

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the BoosterSpark platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the BoosterSpark platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the BoosterSpark platform, you are granted a limited license to access and use BoosterSpark and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

OWNERSHIP OF FEEDBACK & SUGGESTIONS

We understand Users and the general public will, from time to time, request improvements and upgrades to be made to the BoosterSpark platform. Any questions, comments, suggestions, ideas, feedback, or other information ("Submissions") regarding the BoosterSpark platform you provide will be deemed to be non-confidential, not proprietary, and shall become our sole property. We shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

LINKS TO OTHER WEBSITES

The BoosterSpark platform may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BoosterSpark shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

INTERRUPTIONS

We cannot guarantee the BoosterSpark platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify BoosterSpark at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the BoosterSpark platform during any downtime or discontinuance of BoosterSpark. Nothing in these Terms of Use will be construed to obligate us to maintain and support the BoosterSpark platform or to supply any corrections, updates, or releases in connection therewith.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the BoosterSpark platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

LIMITATION OF LIABILITY

Notwithstanding any damages that you might incur, the entire liability of BoosterSpark and any of its suppliers under any provision of these Terms of Use and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the BoosterSpark platform or 100 USD if you haven't purchased anything through the BoosterSpark platform.

To the maximum extent permitted by applicable law, in no event shall BoosterSpark or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the BoosterSpark platform, third-party software and/or third-party hardware used with the BoosterSpark platform, or otherwise in connection with any provision of this Terms), even if BoosterSpark or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" AND "AS AVAILABLE" DISCLAIMER

The BoosterSpark platform is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, BoosterSpark, on its own behalf and on behalf of its affiliates and its and their respective licensors and BoosterSpark platform providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the BoosterSpark platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, BoosterSpark provides no warranty or undertaking, and makes no representation of any kind that the BoosterSpark platform will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or BoosterSpark platforms, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither BoosterSpark nor any of the company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the BoosterSpark platform, or the information, content, and materials or products included thereon; (ii) that the BoosterSpark platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the BoosterSpark platform; or (iv) that the BoosterSpark platform, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the BoosterSpark platform; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the BoosterSpark platform with whom you connected via the BoosterSpark platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

GOVERNING LAW

The laws of the United States, excluding its conflicts of law rules, shall govern these Terms of Use and your use of BoosterSpark. Your use may also be subject to other local, state, national, or international laws.

These Terms of Use shall be governed by and defined following the laws of Illinois. BoosterSpark and you irrevocably consent that the courts of Illinois shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

DISPUTE RESOLUTION

Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be two. The seat, or legal place, of arbitration shall be Lake County, Illinois. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of Illinois.

Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

LAWFUL USE

The information provided on the BoosterSpark platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the BoosterSpark platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

FOR EUROPEAN UNION (EU) USERS

Currently, BoosterSpark is only available to Users and Clubs in the United States and Canada. If you are a European Union consumer, please refrain from using BoosterSpark.

UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

SEVERABILITY

If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

WAIVER

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Use shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

CHANGES

We reserve the right to modify or replace these Terms of Use at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the BoosterSpark platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using BoosterSpark.

CONTACT INFORMATION

If you have any questions or concerns about these Terms of Use, you may contact us in writing at:

  • boosterspark.com/support
  • support[at]boosterspark.com
  • BoosterSpark, 394 Abbey Ln, Antioch IL 60002
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