SY Family Club Agreement

SUPPORTING YOUTH FAMILY CLUB TERMS OF USE AND MEMBERSHIP AGREEMENT

I.                    INTRODUCTION

These Terms of Use and Membership Agreement govern a club member’s (“You” or “Member”) membership in and relationship with The Supporting Youth Family Club (the “Club”), and is effective as of the date you indicate assent or agreement to these Terms of Use and Online Membership Agreement.  The Club is a division of SY Charities, Inc. (“SYC”).  SYC is a Utah nonprofit corporation located in Davis County, Utah which is qualified as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code3 (“IRC”) and classified as a public charity under URC Sections 509(a)(1) and 170(b)(1)(A(vi).  The purpose of the Supporting Youth Family Club is to assist families and youth in fundraising activities to support involvement in positive youth activities that help youth develop self-esteem, self-confidence, self-worth, and other positive attributes.  By joining the Club, Member agrees to follow and be bound by these Terms.  By joining the Club, or accessing any of the membership services, Member agrees to be bound by this Agreement and any amendments thereto, that Member is of legal age to enter into these Terms, or, if not, that Member has obtained parental or guardian consent to enter into these Terms.  READ THIS AGREEMENT CAREFULLY BEFORE JOINING OR USING ANY CLUB SERVICES (“MEMBERSHIP SERVICES”), AS THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS.  IF YOU DO NOT AGREE TO THESE TERMS, ANY USE OF THE CLUB OR MEMBERSHIP SERVICES IS PROHIBITED AND UNAUTHORIZED.

The Club may update these Terms from time to time by notifying Member of such changes by any reasonable means, including by posting revised Terms through the Club website.  Any such changes will not apply to any dispute between Member and the Club prior to the date on which the Club posted the revised Terms incorporating such changes or otherwise notified Member of such changes.  By continuing membership or use of the Club after the Club posts any changes, Member is deemed to have accepted the updated Terms, with or without express consent.

II.                  MEMBERSHIP AND REGISTRATION

There is no fee to join the Club.  Membership in the Club entitles Member and Member’s family to participate in various fundraising activities and receive fundraising services offered by the Club. Members must be 18 years of age or older and have a valid form of government-issued identification.  Member certifies that any personal information or other content Member provides to the Club is accurate and complete. Members may be asked to register to use the Membership Services.  Member will choose a unique identifier and password.  Member is responsible for ensuring the continued accuracy, security, and confidentiality of this information. Member may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality.  Providing false or inaccurate information, or using the Membership Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

The Club reserves the right to accept, refuse, or revoke membership with or without cause at any time at its sole discretion.

III.                MEMBER CONSENTS

Member agrees and verifies that all of the information they have given to Club and its representatives is accurate, up to date, and without the omission of any requested information.  Member agrees and verifies that even if Member has omitted any necessary personal information, whether knowingly or unknowingly, they will hold the Club and SYC harmless against all liability for any damages that may occur to Member or others because of Member’s actions or inactions.  Member agrees to notify the Club and SYC of any changes concerning their personal information.

IV.                INTELLECTUAL PROPERTY; USE OF WEB PORTAL

The Club’s website and various printed materials contain images, illustrations, designs, icons, photographs, video clips, software and written and other materials (collectively, the "Contents") that may be subject to copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by the Club, SY Charities, Supporting Youth, LLC, or one of their affiliates and may be protected by U.S. and international copyright laws. The Club will create a personalized web portal through which you can manage your fundraising activities.  Through the web portal, Club members can receive donations and payment for fundraising products. Subject to your compliance with these Terms, and solely for so long as you are permitted by the Club, you may access, view, download, and print the Contents for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way except as expressly permitted; and (3) do not provide or make available the Contents to any third party in a commercial manner.

Club members agree not to use the Membership Services for any unlawful purpose or any purpose prohibited by this Agreement.  Member agrees not to undertake any action which may damage the Club or SYC in any way.  Member further agrees not to use the Club or Membership Services: (a) to harass, abuse, or threaten others or otherwise violate any person’s legal rights; (b) to violate any intellectual property rights of the Club or any third party; (c) to upload or otherwise disseminate any computer viruses or other software that may damage the property of another; (d) to perpetrate any fraud; (e) to engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; (f) to publish or distribute any obscene or defamatory material; (g) to publish or distribute any material that incites violence, hate, or discrimination towards any group; (h) to unlawfully gather information about others.

V.                  USE AND DISTRIBUTION OF FUNDS

Through the Club, families can earn money for the youth in their family through fundraising as Club members.  Fundraising is primarily accomplished through direct product sales.  The money that is donated or that Club members earn must be used to pay for costs directly associated with approved youth programs, activities, and education. All funds related to Club fundraising activities shall be paid to SY Charities, Inc. All profit from products sold by Club members shall be credited to the selling Club member’s account.  All purchase money shall be made payable to SY Charities, Inc. Members may request that funds be distributed for an any amount not to exceed the balance of the Member’s fundraising accounts.  All funds shall be paid by SYC directly to the youth program or activity provider or administrator.  Funds will only be distributed directly to Club members for direct reimbursement of expenses upon express prior written approval.  SYC shall retain an administrative fee of $2.50 per payment it makes on behalf of Club members. All profit from products sold or offered directly by SYC. may be used for charitable purposes consistent with SYC’s mission as required by Utah State law. 

VI.                PRODUCT SALES

Members raise funds primarily through re-selling products sold or offered by SYC, its vendors, or affiliated entities.  Customers or sponsors may purchase items either directly through SYC or through a Club member.  All fundraising products sold by Member will be distributed to Member through a Club Hub in each Club District. The Member is responsible for retrieving products from the Club Hub and delivering the product to the purchaser.  The Club makes no representations or warranties, express or implied regarding any of the products offered for sale through the Club.

VII.              DISCLAIMERS

The Club hereby expressly disclaims any and all responsibility for the actions, interactions, conduct, communications or other relationships of any Club member through the Membership Services or otherwise.  The Club makes no warranties, representations, guarantees, or other promises or covenants, express or implied, with regard to any member or their conduct.  Member hereby acknowledges and agrees that the Club is not responsible or liable in any way for Member’s interactions with others and that Member’s actions and interactions are Member’s sole and exclusive responsibility.

VIII.            RELEASE

Member hereby releases the Club, SYC as well as any of their affiliates, licensors, suppliers, subsidiaries, parents, agents, attorneys, members, shareholders, or other legal representatives from any and all claims, damages, or other legal action which may arise from Member’s dispute with the Club or any other Member.

IX.                THIRD-PARTY SERVICES

Certain Membership Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (“Third-Party Services”).  Club does not control any Third-Party Services.  Club makes no claim or representation regarding the Third-Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services.  There is no implied affiliation, endorsement, or adoption by the Club of these Third-Party Services and Club shall not be responsible for any content provided on or through these Third-Party Services.

X.                  ASSUMPTION OF RISK

Member agrees that participating in Membership Services may involve risks.  These risks may lead to tangible or intangible harm, and Member agrees that these risks may result not only from Member’s own actions but also from the actions of others.  With the knowledge and understanding of these risks, Member chooses, of Member’s own will and volition, to continue participating in the Membership Services.

XI.                INDEMNIFICATION

Member agrees to defend, indemnify, and hold harmless the Club, SYC, and any of its affiliates against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Member’s use of misuse of the Member Services, Member’s breach of this Agreement, or Member’s conduct or actions.  Member agrees that the Club, SYC, and any of its affiliates shall be able to select its own legal counsel and may participate in its own defense, if so desired.

XII.              MISCELLANEOUS PROVISIONS

This agreement constitutes the entire agreement between Member and the Club and SYC with respect to any and all use of the Membership Services.  This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the Parties’ relationship.  In the event that this Agreement conflicts with any other terms or information, express or implied, this Agreement shall govern.

Any provision of this Agreement which by its terms imposes continuing obligations on Member shall survive termination of this Agreement.  If any part of subpart of this Agreement is held invalid or unenforceable by a court of law or arbitrator, the remaining parts and subparts hall be enforced to the maximum extent possible, and the remainder of this Agreement shall remain in full force.

This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, and Member irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the State of Utah.

XIII.            DISPUTE RESOLUTION

In the event of a dispute between Member and the Club or SYC related to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith.  If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration.  The arbitration shall be conducted in the State of Utah.  The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class.  The arbitrator shall be bound by applicable and governing Utah State law.  Each party shall pay their own costs and fees.  Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes, or regulations.  Intellectual property claims by the Club or SYC shall not be subject to arbitration and may, as an exception to this subpart, be litigated. 

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