You desire to participate in Fan Club Fundraising LLC (“FCF”) web and mobile donation services (“Fan Club Software”) as a Registered Group as a Group Leader, and in consideration of FCF permitting you to utilize the FCF Software on behalf of your Registered Group, you agree to be bound by the following terms and conditions:
Fan Club provides its Registered Groups with a platform to develop and better manage fundraising events and activities through web and mobile services, i.e. the Fan Club Software. Fan Club Fundraising LLC (“FCF”) is neither a professional solicitor nor a professional fundraising counsel. FCF is a vendor of products to both for profit and non-profit organizations. Fan Club receives a flat fee for the administrative services provided herein and does not extract a percentage of any donation received by a Registered Group. Fan Club does not provide any counseling or consulting services to Registered Groups seeking instruction on how to raise funds.
Because FCF does not engage in any solicitation activities on behalf of Registered Groups, Group Leaders are solely responsible for such action. As an approved Group Leader, access to the Fan Club Software will allow you to function as the Fan Club Administrator for the Registered Group you serve. Group Leaders are able to establish fundraising events, order fundraising products, track fundraising sales, download fundraising reports, communication with Group Participants, Parent Participants, Fans, Donors and other Users. In the event a Registered Group is a school, school district, or other educational entity, educational records of the students for such entity may be shared or obtained through the FCF Software. In the event that educational records are shared or exchanged, the educational entity shall remain the sole and exclusive owner of such educational records. Although there are no full-proof security mechanisms, FCF will take all reasonable efforts to maintain the privacy and security of such educational records, including, but not limited to, training FCF personnel in the industry standards for the secure retention of confidential records, as well as hiring outside third-party entities to perform annual penetration testing to ensure the confidential educational records remain secure.
By accepting these terms to become a Group Leader, Group Leaders represent and agree that:
The terms of this Agreement shall govern the continuing business relationship between the parties, unless the parties sign an Addendum. The specific terms of any Addendum shall supersede the terms of this Agreement if there is a conflict between the terms of this Addendum and the Agreement.
Any claim asserted against or made by a Registered Group, Group Participant, corporate partner, or any governmental or regulatory agency to the Registered Group shall be immediately reported in writing to FCF by emailing email@example.com. Failure to promptly notify FCF of a claim shall be an event of default by the Registered Group or Group Leader and FCF may, in its sole discretion, elect to immediately terminate any and/or all access of the Registered Group, Group Leader, Participant / Seller, Parent Participant, or Donor to the provided Fan Club offered by the FCF Software.
IT IS EXPRESSLY UNDERSTOOD BETWEEN THE PARTIES THAT FCF DISCLAIMS ANY LIABILITY FOR DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM ANY COMMUNICATION OF INFORMATION BY FCF CONCERNING THE FAN CLUB SOFTWARE PRODUCTS, SERVICES OR DISCOUNTS BEING OFFERED BY THE PARTICIPATING VENDOR TO MEMBERS AND/OR CORPORATE PARTNERS.
Registered Group and FCF shall be responsible for any and all injury and claims, losses, injuries, or damages (“Damages”) resulting from (i) the willful misconduct or negligent acts of such party or its employees and agents involving any equipment or service provided in the performance of this Agreement, or (ii) its breach of this Agreement or the representations or covenants herein. Only if permitted by applicable law, and without waiving any sovereign immunity to which the party is entitled to claim, each party agrees to indemnify the other party and its governing board, officers, agents, employees, and successors (collectively, “Representatives”), for and from any and all Damages, to the extent caused by (x) such indemnifying party or the willful misconduct or negligent acts or omissions of such indemnifying party’s employees or agents related to the performance of any duties or obligations under this Agreement, or (y) the indemnifying party’s breach of this Agreement or its representations or covenants herein. The party seeking indemnification shall notify the indemnifying party, as soon as reasonably possible, of the filing of any such claim, shall provide the indemnifying party full cooperation in the defense of any such claim, and shall afford the indemnifying party full control over the defense and settlement of any such claim.
Only if permitted by applicable law, and without waiving any sovereign immunity to which Registered Group is entitled to claim, Registered Group agrees to indemnify FCF and its Representatives, for and from any and all Damages, to the extent caused by the willful misconduct or negligent acts or omissions of the Registered Group or its’ employees or agents related to the fundraising program and activities, Registered Group’s use of the FCF Software, and Registered Group’s use of the donations.
The parties expressly agree to submit any controversy to binding arbitration with the American Arbitration Association. Any controversy or claim between the parties arising out of or relating to the Registered Group’s involvement with FCF or FCF Software, excluding any nonpayment by the Registered Group to FCF, shall be submitted to binding arbitration with the American Arbitration Association. The parties expressly agree that this arbitration provision and the terms and conditions set forth herein are to be governed by the Federal Arbitration Act (“FAA”).
This Agreement is governed by the laws of the Registered Group’s state of organization, without regard to its principles of conflict of laws.
Should any provision in these terms and conditions be invalid or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.
The language of these terms and conditions shall be construed as a whole according to its fair meaning and not strictly for or against either party. Each party specifically waives the application of the common law doctrine that agreements are to be construed against the party who drafted the agreement.
THE REGISTERED GROUP HAS HAD THE OPPORTUNITY TO READ AND REVIEW THESE TERMS AND CONDITIONS AND AGREES TO THE TERMS SET OUT HEREIN FREELY, VOLUNTARILY, AND WITHOUT COERCION.
All Group Leaders agree to abide by the terms herein as well as any and all terms set forth in the User Terms, applicable to each and every Fan Club Software User, available for review at fanclub.org/terms/user.
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