Terms and Conditions
Last updated: August 8th, 2024
Last updated: August 8th, 2024
Last Revised: 8/30/2024
These Terms and Conditions (the “Terms and Conditions”) are entered into between you (“you,” or “User”) and Weaver Fundraising, LLC (collectively with its subsidiaries and affiliates, “Company,” “we,” “us,” and “our”). These Terms and Conditions govern your access to and use of Company services offered on our mobile applications, including Jamboree, and any other mobile applications directly owned by, or operated by or on behalf of, the Company and where this Policy is linked (the “Application”), including any content or functionality offered on or through the Application. The Application is owned and operated by the Company.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THE APPLICATION IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE APPLICATION OR ANY OF THE APPLICATION’S CONTENTS OR GOODS BY APPLICABLE LAW. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THE SITE OR THE APPLICATION, OR MAKE USE OF THE APPLICATION OR OUR SERVICES, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE APPLICATION AND SERVICES AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.
By placing an order for products or by accessing, browsing, submitting information to and/or using the Application, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and Conditions and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE APPLICATION OR PLACE AN ORDER.
The Application is provided for informational purposes, the purposes of enabling communication between you and the Company, and providing our services to you (including allowing you to manage your fundraising events and process donations for your fundraiser). The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
These Terms and Conditions are incorporated by reference and should be read in conjunction with the Application’s (1) Children’s Privacy Notice; (2) Privacy Policy; and (3) State Privacy Disclosure.
The Company grants you a non-exclusive right to access and use the Application and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. You agree to use the Application only for lawful purposes, comply with all rules governing any transactions on and through the Application and comply with applicable laws.
If you are given, or if you create, an account (including any password) to access the Application, you are responsible for maintaining the confidentiality and security of your account, including all of your passwords. When creating an account, you agree to provide us with accurate and complete information and detail, as required, and to keep it up to date. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
You agree that you will not:
The Application may contain links to websites and platforms controlled or operated by persons and companies other than the Company (“Linked Sites”). Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support the Company or are identified in the Application, including any delivery of and payment for goods and services.
You acknowledge that your access and use of any third-party applications or software on our Application and Content (the “Third-party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-party Applications.
The Application and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Application or Content in any manner, except as expressly permitted by the Company in these Terms and Conditions. The Application and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.
Copyright. You should assume that everything you see or read on the Application is copyrighted unless otherwise noted and may not be used without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Application will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on the Application is either property of, or used with permission by, the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Application. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. Nothing contained on the Application should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Application without the written permission of the Company or such third party that may own a trademark displayed on the Application. Your misuse of the Company’s trademark(s) displayed on the Application, or any other Content on the Application, except as provided herein, is strictly prohibited.
Your Content. Any Content you create or own or to which you have a license and use on the Application is Your Content. In sharing Your Content on the Application, you warrant and represent you have the legal right to use Your Content and grant the Company an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Application services as described in these Terms and Conditions and in any posted policies on the Application. The Application services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our Company systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Application. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Application should be directed to privacy@jamboree.org.
Information about our products is provided on the Application for illustrative and informational purposes and despite our best efforts, occasional typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, specifications and/or availability may occur. Accordingly, we do not guarantee the accuracy or completeness of any product information on the Application. We reserve the right to correct or update the Application with respect to products at any time without prior notice (including after you have submitted an order). If you do not wish to continue your purchase after pricing or other product information has been corrected, please contact us right away.
Product availability on the Application is not guaranteed as it may be low in stock or otherwise unavailable due to reasons beyond our control. If any selected product is not available at the time your order processes, we will notify you of this.
Orders will be initiated when you submit an order on the Application. You agree that your order is an offer to buy, under these Terms and Conditions, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. If you wish to purchase any products available through the Application, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address and your shipping information. You represent and warrant that you have the legal right to use any payment cards or other payment methods utilized in connection with any transaction. By submitting such information, you grant Company the right to provide such information to third parties for the purposes of facilitating the order initiated by you or on your behalf. Orders are not subject to cancellation or modification, in whole or in part.
All prices posted on the Application are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. Price increases, and any price decreases, will only apply to orders placed after such changes and will not change already placed orders. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart, including any heavy fee for items due to size or weight. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit or debit card information or other payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment information for the purchase, (iii) charges incurred by you will be honored by your financial institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
You shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You shall reimburse Company for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these Terms and Conditions or at law (which Company does not waive by the exercise of any rights hereunder), if you fail to comply with the terms of payment, Company shall be entitled to hold shipment until payment is made. You shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Company, whether relating to Company’s breach, bankruptcy or otherwise.
All payments will be processed by our trusted third-party payment processors, such as Shopify. For more information on how Shopify processes your information, please visit Shopify’s privacy policy.
The products will be delivered within a reasonable time after the receipt and acceptance by Company of your order, subject to availability of products. For any pre-ordered products, such products will be delivered within a reasonable time after the products become available on the advertised date. Such advertised date may change at the sole discretion of Company. Company shall not be liable for any delays, loss, or damage in transit. Unless otherwise agreed in writing by the parties, Company shall deliver the products to your shipping address indicated on the order (the “Delivery Point”) using Company’s standard methods for packaging and shipping such products. You shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the products at the Delivery Point. Company may, in its sole discretion, without liability or penalty, make partial shipments of products to you. If for any reason you fail to accept delivery of any of the products on the date fixed pursuant to Company’s notice that the products have been delivered at the Delivery Point, or if Company is unable to deliver the products at the Delivery Point on such date because you have not provided appropriate instructions, documents, licenses or authorizations: (a) risk of loss to the products shall pass to you; (b) the products shall be deemed to have been delivered; and (c) Company, at its option, may store the products until you pick them up, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage, and insurance).
Company shall make delivery in accordance with the terms on the face of the order. Title and risk of loss passes to you upon delivery of the products at the Delivery Point. As collateral security for the payment of the purchase price of the products, you hereby grant to Company a lien on and security interest in and to all of the right, title and interest of you in, to and under the products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing.
Company does not offer returns or refunds for purchased products, except for limited circumstances where the purchased products are damaged. In such circumstances, Company will provide a replacement product of the same quantity that was damaged. If such product is out of stock, Company will provide a separate product of your choosing that is of equal or greater value. If the product is out of stock and you do not wish to order a different product of equal or greater value, Company will provide a refund of the original purchase price for the damaged product.
Please see our Children’s Privacy Notice for more information on how we collect and process information of individuals under the age of 13 and what rights parents and legal guardians have regarding their child’s information. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any Personal Information that we have collected about minors under the age of 13 without proper parental consent, we will take steps to securely remove it from our systems.
The Application may contain features that allow you to post, submit, publish, display or transmit to other users or other persons text, materials, or other content (collectively, “User Content”) on or through the Application. Company assumes no responsibility for the conduct of any user or you submitting any User Content, and assumes no responsibility for monitoring the Application for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Application is at your own risk.
We have the right to:
Company has a zero tolerance policy for any User Content that constitute, in our sole discretion, harassment, racism, obscene content, discrimination or any other offensive content of any kind. At our sole discretion, we may suspend, terminate or permanently ban your access to the Application and our services for any violation of this zero tolerance policy.
However, we do not undertake to review material before it is posted on the Application. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS RELATED TO USER CONTENT AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The Company is located in the state of Indiana in the United States. The Company provides the Application for use only by persons located in the United States. We make no claims that the Platform or any of its contents are accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries.
Company does not provide any warranties with respect to any of the products. Products manufactured by a third party (“Third Party Goods”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, products offered by Company. ALL PRODUCTS AND SERVICES OFFERED BY COMPANY, INCLUDING THE APPLICATION OR ANY THIRD-PARTY PRODUCTS, ARE PROVIDED “AS-IS” WITHOUT ANY WARRATY WHATSOEVER. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE APPLICATION OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU AFFIRM THAT COMPANY SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE APPLICATION OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE APPLICATION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE APPLICATION AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE APPLICATION WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE APPLICATION WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE APPLICATION OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE APPLICATION OR THE CONTENT IS TO CEASE YOUR USE OF THE APPLICATION AND/OR THE CONTENT.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Company shall not be responsible nor deemed to be in default on account of delays in performance due to causes that are beyond Company’s control and not occasioned by Company’s fault or negligence and which make Company’s performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work provided such cause is beyond Company’s reasonable control.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE APPLICATION, PRODUCTS, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE APPLICATION OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE APPLICATION, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE APPLICATION OR PLACING AN ORDER ON THE APPLICATION SUBJECT TO THESE TERMS AND CONDITIONS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN ANY CASE, COMPANY’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY FOR THE PRODUCTS OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless the Company and its affiliates, directors, officers, employees, and/or agents (collectively, “Company Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) that may be incurred by any of the Company Indemnitees arising out of or relating to (i) Your Content, (ii) your violation of these Terms and Conditions, (iii) your violation of any applicable laws, rules or regulations in connection with the Application or use of the products, (iv) your negligence or more culpable act or omission in connection with the performance of these Terms and Conditions; or (vi) any bodily injury, death of any third party or damage to real or tangible personal property caused by the negligent acts or omissions of you or your employees and agents. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the Company Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, Company reserves the right to assume the exclusive defense and control of any proceeding that relates to the Company, the Application or products, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Company in our defense thereof.
If you are using an iOS or Google Android version of the Application, this section also applies to you. Apple and Google are not parties to these Terms and Conditions. They:
We grant you a nonexclusive, non-transferable, limited, and revocable-at-any-time license to access and use the Application in accordance with the Apple Media Terms of Service, Google Play Terms of Service, and other applicable terms—as updated from time to time. Apple, Google, and their subsidiaries are third party beneficiaries of these Terms and Conditions. They may have the right to enforce the Terms and Conditions against you. Company may enter into, rescind, or terminate these Terms and Conditions, vary them, waive them, or settle under these Terms and Conditions without the consent of any third party.
You are responsible for complying with applicable third-party agreements. You are responsible for checking with your mobile carrier to determine if the Application is available for your mobile devices, what restrictions may be applicable to your use of the Application, and how much such use will cost you. You shall use the Application in accordance with these Terms and Conditions.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You may direct any questions, concerns, or complaints about the Application to Company by using the contact information provided herein.
In its sole discretion, the Company may terminate or suspend your access to the Application for breach of these Terms and Conditions or for any reason whatsoever, with or without notice. The Company shall not be liable for any losses or damages arising from any such termination of service. Moreover, in addition to any remedies that may be provided under these Terms and Conditions, Company may terminate these Terms and Conditions with immediate effect upon written notice to you, if you: (a) fail to pay any amount when due under these Terms and Conditions and such failure continues for 15 days after your receipt of written notice of nonpayment; (b) have not otherwise performed or complied with any of these Terms and Conditions, in whole or in part; or (c) become insolvent, file a petition for bankruptcy, or commence or have commenced against you proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
Purchasing of Products and Services.
YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE APPLICATION, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis.
In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Application. At Company's sole discretion, it may require you to submit any disputes arising from these Terms and Conditions or use of the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.
Any cause of action or claim you may have arising out of or relating to these Terms and Conditions or the Application must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
All matters arising out of or relating to these Terms and Conditions are governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Indiana. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Indianapolis, Indiana in all disputes arising out of or relating to the use of the Application or the products purchased on the Application.
You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions. The Company may assign these Terms and Conditions, in whole or in part, at any time.
The failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
The Company may update or change these Terms and Conditions from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms and Conditions. Your continued use of the Application after any such change is communicated shall constitute your consent to such change(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms and Conditions or use of the Application. These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you. The Company’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by the Company with respect to such use.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms and Conditions shall continue in effect. Provisions of these Terms and Conditions which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms and Conditions.
These Terms and Conditions, including the Children’s Privacy Notice, Privacy Policy, and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Application, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and Conditions and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Questions can be directed to the Company at: privacy@jamboree.org.