User Terms

Welcome to Fan Club Fundraising (“FCF”). The website of www.fanclub.org and any FCF mobile applications (herein collectively referred to as “FCF Software”) are fully owned and operated by Fan Club Fundraising LLC (“Fan Club”), a Tennessee limited liability company providing a platform and products that allow both non-profit and for profit companies to better facilitate fundraising activities and events. By using the FCF Software, you acknowledge that you have read and agree to be bound by the Terms of Use herein (“Terms”), all technical specifications, rules of operation, security procedures, and any other terms and conditions set forth by FCF from time to time by posting information through FCF Software. You, as a User, agree to be bound by such revised terms as they may be posted from time to time.

In addition, access to certain areas of the FCF Software may also be governed by other terms and conditions. In the event of a conflict between these Terms and those necessary to access restricted portions of the FCF Software, the terms governing the restricted portions of the FCF Software will govern your access to such areas and any transactions conducted while in such restricted areas, and these Terms will apply where there is not a conflicting provision.

If you do not agree with any of the Terms set forth herein, you may not register to use any FCF Software. If you wish to proceed with registering for FCF Software, you hereby acknowledge and agree to all terms and conditions as follows:

  1. Definitions

    1. FCF Software — The fanclub.org website or affiliate’s website and any accompanying mobile Software.
    2. Registered Groups — Any for-profit and non-profit organizations utilizing the FCF Software or any affiliate’s software as a platform to facilitate fundraising activities and events.
    3. Fan Clubs — The FCF Software platform delivered on behalf of Registered Groups to help Group Leaders better manage and track fundraising activities, help equip Group Participants / Sellers and Parent Participants with additional resources to sell more fundraising products in less time, and to help better connect Donors with Registered Groups as well as offer direct tax-deductible and mobile text-to-give via carrier billing options.
    4. Group Leaders — Authorized representatives of one or more Registered Groups that have signed this Agreement and serve as the administrator of the Registered Group’s Fan Club
    5. Group Participants / Sellers — Individuals of a Registered Group, including but not limited to students, members, affiliates, and employees, that use the FCF Software to promote and sell fundraising products and request online and mobile donations for the Registered Group.
    6. Parent Participant — Parent of Group Participant / Sellers using the FCF Software to promote and sell fundraising products and request online donations.
    7. Fans — Users who register with FCF and join one or more FCF Registered Groups.
    8. Donors — Users that purchase fundraising products in support of one or more Registered Groups or make online contributions and donations with a credit card through the FCF Software or mobile contributions with the provided text-to-give phone number and mobile giving short code.
    9. User — Any Fan, Donor, Group Leader, Group Participant /Seller, or any other individual that downloads the FCF Software or otherwise registers to join FCF.
    10. Tax Deductible Donation — Any direct donation through the FCF website or mobile application made to a 501(c)(3) Registered Group. In order to be a FCF 501(c)(3) Registered Group, the Registered Group must provide FCF with the Registered Group’s 501(c)(3) Exemption Letter received from the Internal Revenue Service.
    11. Donor Advised Fund — The mGive Foundation (TMF), a 501(c)3 Foundation offering third party Payment Services including reconciliation, reporting and disbursements of funds to “Fan Club” entities.
    12. School — Any educational institution that contains Registered Groups that may result in the sharing of Educational Records (as later defined herein) on FCF Software.
  2. Services Offered

    As a vendor, FCF offers a variety of products that aid both non-profit and for profit organizations in enhancing the effectiveness and eliminating some of the obstacles of fundraising administration. An organization that desires to utilize the Fan Club services and products must designate a Group Leader to register the Group on the FCF Software. The Registered Group will use its organization’s members or other volunteers as Group Participants / Sellers who will then use FCF Software to promote and sell products to raise money for the Registered Group. Once the Registered Group is active, the Registered Group becomes its own “Fan Club,” meaning that other Users, who either follow or donate to the Registered Group, can be a part of that “Club” and receive information as to any events or promotions being run by the Registered Group. Each Registered Group may also receive donations from Users through the FCF Software as well as set up notifications and other information as to the upcoming fundraisers hosted by the Registered Group.

  3. Eligibility and Registration

    Users may join FCF Software free of charge. Users may then register as a Fan of one or more Registered Groups by creating a username and password or by using their pre-existing Facebook or Google account credentials. A Fan has access to view Registered Group posts and notifications (“Registered Group Content”) without having made a donation. FCF will ask Users to provide certain personal information, such as first name, last name, and email address, in creating your user profile. Once created, the user profile will be viewable by other FCF Users. Users may, however, disable this option at any time via your profile settings.

    Users are responsible for all activities occurring under User email address and for keeping the User login and password secure. FCF may refuse to grant a User access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing support@fanclub.org.

    If you create an account with FCF, FCF reserves the right to send newsletters, promotional emails, system messages pertaining to account information, and other communications related to your Registered Groups to your email. You may opt out of receiving said info at any time by clicking the unsubscribe link on the FCF email.

    Children under the age of 13 must have a Parent Participant register in his or her own name and ensure that the child's participation with the FCF Software complies with these Terms and is under the Parent Participant’s control and supervision. The Parent Participant shall be solely liable for the child's actions in relation to any fundraising and seller activities on the FCF Software. Children between the ages of 13 and 17 (inclusive) may fundraise only with the permission of a Parent Participant. If you are between the ages of 13 and 17, by fundraising, you acknowledge that you have your Parent Participant’s permission.

    FCF reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

  4. Use of the Fan Club Fundraising Software

    Subject to these terms and conditions, FCF hereby grants you a non-exclusive, non-transferable, non-licensable, limited right and license to use one copy of the FCF Software. You may use FCF Software solely for purposes of enabling you to use and enjoy the services and products as provided by FCF, and as permitted by these Terms and any other agreed to terms and conditions. The FCF Software is being licensed to you and you hereby acknowledge that no title or ownership in the FCF Software is being transferred or assigned and you agreeing to these terms is not to be construed as a sale of any rights in the FCF Software.

    You may not incorporate any portion of the FCF Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the FCF Software or otherwise assign any rights to the FCF Software in whole or in part. You may not use the FCF Software for any illegal purpose. FCF may cease providing any FCF Software and may terminate your right to use any FCF Software at any time. Your rights to use the FCF Software will automatically terminate without notice from us if you fail to comply with any of these Terms or any other service terms later accepted as an FCF User.

    Additional third party terms contained within or distributed with certain FCF Software that are specifically identified in related documentation may apply to that FCF Software (or software incorporated with the FCF Software) and will govern the use of such software in the event of a conflict with these Terms. All software used in any FCF service is the property of FCF or its software suppliers and protected by United States and international copyright laws. The term of your licenses shall commence on the date that you accept these Terms and install or otherwise use the FCF Software and/or services and ends on the earlier date of either your disposal of the FCF Software and/or services or FCF’s termination

  5. FERPA

    FCF Software may create, receive from or on behalf of Registered Groups, or have access to, information about students that is considered an education record (“Educational Record”) and subject to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. Section 1232g (collectively, the "FERPA Records"). Any and all Educational Records accessed by FCF Software and utilized by Registered Groups shall at all times remain under the ownership and control of the School (or School District if applicable) in which the Registered Group/User is located. As a result, FCF, all Group Leaders, Schools, and all School Districts containing Registered Groups utilizing FCF Software will act in joint effort to ensure the protection of any Educational Records and full compliance with FERPA. In the event, Educational Records are accessed by FCF Software, FCF represents, warrants, and agrees that it will

    1. Hold the FERPA Records in strict confidence and not use or disclose the FERPA Records except as (a) permitted or required by these User Terms, (b) required by law, or (c) otherwise authorized by a school personnel Group Leader in writing;
    2. Safeguard the FERPA Records according to commercially reasonable administrative, physical and technical standards that are no less rigorous than the standards by which FCF protects its own confidential information, including, but not limited to, hiring third-parties to perform annual penetration testing to test and/or improve security measures taken;
    3. Continually monitor its operations and take any action necessary to assure that the FERPA Records are safeguarded in accordance with these User Terms;
    4. Not read the contents of any such files it receives with FERPA Records on the FCF Software, except as necessary to process the transaction thru the system or store the data as part of services provided;
    5. Use FERPA Records only for the purposes for which they were intended and to provide and further the services outlined herein;
    6. Immediately notify FCF Group Leaders and Usersvia email from support@fanclub.org in the event FCF discovers an unauthorized disclosure of a student User’s Educational Records;
    7. Provide full-time access for Group Leaders and Schools to access and view any Educational Records from that Registered Group or School on the FCF Software, including allowing FCF Group Leaders and/or Schools to view such Educational Records under the My Profile page of the FCF mobile application;
    8. Not retain or access a student User’s Educational Records following the completion of a User’s use of FCF Software, including, upon the User or Group Leader’s request, the deletion of the User’s FCF account, resulting in the removal of all personally identifiable information and Educational Records (unless otherwise stated herein or in the Privacy Policy) from FCF.org; FCF mobile apps, and admin.fanclub.org;
    9. Delete any and all Educational Records within thirty (30) days of receiving a written request from an authorized FCF Group Leader, User, or School;
    10. Provide an administrative mechanism enabling Group Leaders and/or school personnel of such Registered Groups to destroy all of an institution’s FERPA Records that are stored on the FCF Software.

    FCF will never share Educational Records with third parties except (i) as directed by Group Leaders for educational Registered Groups or applicable School personnel; or (ii) to our service providers that are necessary for us to provide the services, as stated in our Privacy Policy. FCF third-party service providers may not access or use Educational Records without the express permission of FCF. FCF will disclose any and all third-party service providers that have access or use of Educational Records to Group Leaders of User’s disclosing Educational Records and, if applicable, that User’s School. If the Group Leader and/or School deems that the usage of Educational Records is unacceptable or unauthorized, then the Group Leader and/or School shall immediately notify FCF at support@fanclub.org.

    FCF will not use or disclose Educational Records to a third-party for advertising, and personal information collected from a student User is never sold or rented to anyone.

    In addition to the representations above, in the event of a security breach regarding Educational Records, the User affected, as well as the Group Leader, and School (if applicable) shall all be immediately notified via email and/or telephone. FCF shall have the ability to both call or email Group Leaders and Schools and shall be able to directly email Users to notify all parties potentially affected by a breach.

    Upon completion of a User or Group usage of the FCF Software, and upon request by the User, Group Leader, or School, FCF will delete any and all associated Educational Records and notify the Group Leaders and applicable Schools when all applicable Educational Records have been deleted.

  6. Comments

    The Fan Club Software may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). Fan Club permits you to use the Fan Club Software, the tools, and the services provided by Fan Club subject to your acknowledging and agreeing to the following conditions:

    User Content posted by yourself and other users of the Fan Club Software does not necessarily reflect our views.

    Fan Club will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. Fan Club may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.

    The posting of User Content on the Fundraising Page is solely the responsibility of each Fundraiser. Fan Club does not assume responsibility for the accuracy of any information, ideas or opinions posted by users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.

    You have sole responsibility for your User Content and the consequences of posting User Content to the Fan Club Software. You bear sole responsibility for the consequences of posting User Content.

    You agree that the User Content will accurately describe the collection and intended use of contributions made via the Fan Club Software.

    You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party, including but not limited to that of Registered Groups on the Fan Club Software.

    You agree that Fan Club has no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the Fan Club Software.

    You also agree not to upload, distribute, or otherwise publish any User Content to or through the Fan Club Software that (a) contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer; (b) uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Fan Club Software; (c) constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like; (d) promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like; or (e) contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission.

  7. Product Fees

    FCF will provide the platform and products to you at the rates and for the fees (“Fees”) listed at http://www.fanclub.org/terms/fees, linked here and incorporated into this Agreement. The Fees may include charges for Transactions (such as processing a payment) and for other events connected with your FCF Software (such as handling a disputed charge). FCF’s suppliers may make changes to their service fees and product costs, as a result, FCF retains the exclusive right to revise the Fees at any time, within its sole discretion, with at least twenty-four (24) hours written notice published on FCF Software.

  8. Restrictions

    Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast or transfer any FCF content or use the content except through the authorized access to the FCF Software. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the FCF Software, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. Access to the FCF Software without the authorization of FCF is strictly prohibited. You agree to use the FCF Software and content for lawful purposes only. You agree not to post or transmit any information through the FCF Software which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the FCF Software.

  9. Information Collection and Use; Privacy Policy

    FCF respects your privacy rights and recognizes the importance of protecting any information collected about you. FCF’s Privacy Policy as amended from time to time is applicable to these Terms and available at www.fanclub.org/terms/privacy ("Privacy Policy"). FCF’s Privacy Policy defines how, why and to what extent FCF collects and uses personal and non-personal information in relation to FCF’s products and services and outlines what information is used and collected by FCF Software, as well as any potential third-party service providers. By installing, accessing or using the FCF Software you explicitly agree with the terms and conditions of FCF’s Privacy Policy and to any terms and conditions included therein by reference.

  10. No Solicitation or Fundraising Counsel

    Fan Club Fundraising LLC (“FCF”) and affiliates are neither professional solicitors nor professional fundraising counsel. FCF is a vendor of products to both for profit and non-profit organizations. FCF does not solicit contributions for, or on behalf of, any charitable organizations through its website or any other FCF Software. FCF and its agents and employees do not plan, conduct, manage, carry on, or advise charitable organizations in connection with the solicitation of contributions. In addition to the foregoing, you acknowledge that FCF is not an entity that, for compensation, plans, manages, advises, consults, or prepares consulting materials for charitable organizations to solicit contributions.

  11. Donating to Fan Clubs

    The Fan Club Fundraising app allows you to support Groups with direct donations and to purchase fundraising products. All credit card transactions are processed by Rally4 and affiliates and later paid directly to the Registered Group. FCF does not directly collect or handle any funds on your behalf.

    Charitable donations made on the FCF Software in support of Registered Groups carrying a 501(c)(3) non-profit designation (collectively, “Charitable Causes”) are complete and final charitable gifts and are not refundable. Non-profit organizations are eligible for tax deductible direct giving donations by setting up a direct “Give Now” event within the FCF Software. Give Now events allow Fans to make direct online donations through any Registered Group’s Fan Club. Your Fan Club’s Group Leader may include rewards and incentives based on your Fan Club participation and giving level. Any rewards and incentives created by Fan Club Group Leaders using the FCF Software are handled directly by Fan Club Group Leaders and are not selected or managed by FCF.. When an incentive is rewarded to any user based on a donation, then only the difference between the value of the issued reward and the donation will be tax-deductible for the user.

    While it is FCF’s policy not to give refunds for donations to Charitable Causes, FCF recognizes circumstances wherein reversal of transactions are necessary. These include Charge Back and Gross Error transactions.

    1. Charge Backs – A Charge Back transaction occurs when the credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement. The FCF staff will provide supporting documentation in an effort to resolve the Charge Back case in favor of the Registered Group. However, if FCF is unable to resolve such cases and the case is referred to pre-arbitration, then FCF will accept the Charge Back transaction. Further, FCF will, under its variance power authority, not re-grant any funds to the advised organization that has been charged back. If the Charge Back funds have already been remitted to the Registered Group, no attempt will be made to compel the Registered Group to return the funds since the remittance of a payment is considered complete and unrestricted. However, FCF shall not issue any further re-grants of donor-advised funds until it receives additional funds from Fans or other sources advised for the Registered Group equal to the amount of the Charge Back.
    2. Gross Errors — A Gross Error transaction occurs when then credit cardholder / User makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $10,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include advisements: made to the wrong organization or fundraising page, containing an incorrect name, dedication, or designation, or any other non-financial reason. FCF retains sole authority to determine the exact criteria of a Gross Error transaction. A Gross Error transaction refund will only be considered if FCF has not yet remitted the funds to the designated Group. Once funds are remitted a Registered Group, the User should contact the Group Leader of the benefitting organization in order to attempt to correct the error.
  12. Transactions & Fees

    1. Credit Card Payments

      When a donation is accepted or a product is purchased from a Participant / Seller on behalf of a Registered Group by credit card, FCF shall charge a platform fee, which covers platform costs, payment support, fraud protection, Registered Group vetting, and operational support. FCF’s payment processing affiliates shall also charge a fee per transaction in order to support credit card processing costs. The Registered Group shall receive the full remainder of any donated amount. The FCF Software shall continue to operate on a small fee basis.

      Remittance of received donations shall be made in the month following receipt of the donation in the previous calendar month (e.g, a donation on July 5th would be remitted to the Registered Group by August 31st). FCF makes every reasonable effort to respect the wishes of each Registered Group’s Fans.

    2. Text-to-Give Payments

      When a mobile donation is made to a Registered Group through the provided text-to-give option , FCF shall charge a platform fee of $2.00, which covers platform costs, payment support, fraud protection, Registered Group vetting, and operational support. FCF’s payment processing affiliats shall also charge 7% and $0.35 cents per transaction made using a credit card in order to support credit card processing cost through the TMF processing system. The Registered Group shall receive the full remainder of any donated amount. Fan Club shall never take a specified percentage of a donated amount and shall continue to operate on a small flat fee basis, with the exception of the interest charge for credit card donations as discussed in this Section.

  13. Credit Card Anti-Laundering Policy

    Only the authorized credit card holder may donate on the FCF Software. A third party may not use the donor's card information or enter donations on behalf of the donor. This practice is known as "credit card laundering" and violates Visa and MasterCard usage agreements. FCF may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the FCF Software, for the authorized credit card holder to utilize in order to make a donation.

  14. Reporting of Contributions

    Privacy and security of donor information is of vital importance to us. We will not share or sell names of donors without their consent. When you contribute to any Registered Group on the FCF Software, you grant us permission to access your donation records at any time and to use the information you provide to process your donation. FCF will make available to the Group Leader of each benefitting Registered Group online reports identifying, where available, your name, address, email, and transaction accounting details. If you are a Group Leader, donor information will be shared with you via a report accessible within the https://admin.fanclub.org administrative portal.

  15. Software and Intellectual Property

    1. Website Content

      The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on FCF Software, and that is used by FCF in conjunction with the services they are providing, including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of FCF Software (collectively, "FCF Content"), are owned by FCF. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from FCF.

      You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Fan Club Fundraising Software, whether in whole or in part, or create any derivative works from or of the Fan Club Fundraising Software.

    2. Registered Group Content

      The FCF Software allows Registered Groups to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “Registered Group Content”). FCF permits you to use the FCF Software, the tools, and the services provided by FCF subject to your acknowledging and agreeing to the following conditions:

      1. In creating and maintaining a Fundraising Page on the FCF Software, you grant a limited, non-exclusive, royalty-free license to FCF to display the Registered Group Content that you upload on the Fundraising Page for the exclusive purpose of promoting you and soliciting donor-advised contributions on the Fan Club Software.
      2. Registered Group’s Content posted by you and other users of the Fan Club Website does not necessarily reflect the views of FCF or mGive.org.
      3. FCF may, but is not obligated to, remove with or without prior notice to you any Registered Group Content that it determines in its sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, unlawful, obscene, infringing or in violation of any Party’s intellectual property or other proprietary rights, or in violation of this Agreement. FCF’s failure to block or remove any Registered Group Content, however, is not a warranty, endorsement, representation, or guarantee regarding such Registered Group’s Content.
      4. The posting of Registered Group Content on a Fundraising Page is solely the responsibility of each Registered Group Leader and/or Group Participants. Fan Club shall not assume responsibility for the accuracy of any information, ideas or opinions posted by you or other users of the Fan Club Software for a Registered Group and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
      5. You have sole responsibility for your Registered Group Content and the consequences of posting Registered Group Content to the FCF Software.
      6. You represent and warrant that your Registered Charity Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.
  16. Appropriate User Conduct

    You may not use the services provided by FCF or FCF Software for any illegal or unauthorized purpose. While using the FCF Software, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations.

  17. Disclaimer of Warranties

    The FCF Software and affiliate’s software and the products and services offered therein are provided to you "as is" without warranty of any kind. FCF disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any content, products, tools, or other information or materials displayed on the FCF Software. FCF also expressly disclaims to the fullest extent permitted by law any and all responsibility and liability for the conduct of any Registered Group or other User. FCF hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. FCF is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.

  18. Liability Limitation

    IN NO EVENT WILL FCF, FCF’S AFFILIATES, FCF’S LICENSORS, CHANNEL PARTNERS, MEMBER, EMPLOYEES OR AGENTS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE FCF SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, SOFTWARE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO FCF OR THE FCF SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT FCF, FCF’S LICENSORS, CHANNEL PARTNERS, MEMBERS, EMPLOYEES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION, FCF’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS SECTION AGAINST YOU.

    BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

    IN NO EVENT SHALL FCF, FCF’S AFFILIATES’, FCF’S LICENSORS’, CHANNEL PARTNERS’, MEMBERS, EMPLOYEES OF AGENTS BE LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE FCF SERVICES OR FAN CLUB SOFTWARE.

  19. Hold Harmless and Indemnity

    Your use of the services provided by FCF is entirely at your own risk. You will hold harmless and indemnify FCF and affiliates from and against any third-party claim arising from or in any way related to your use of the services provided by FCF or the FCF Software, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In the event you are a parent or legal guardian of a minor and are consenting to the minor’s use of FCF Software, then you personally consent to all of the terms of this Agreement, and indemnify FCF for any and all claims arising from the minor’s use of FCF Software.

  20. Links to Other Websites and Content

    FCF may include links to third-party websites or services, and may link you automatically to sponsor or third-party websites or services. These links do not mean that FCF reviews or endorses these third-party sites or services. FCF provides such links when FCF believes such links may be helpful, but FCF does not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that FCF is not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from the FCF Software are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.

  21. Term and Termination

    These Terms apply to your use of the services provided by FCF and the FCF Software at all times. FCF reserves the right to change and update the FCF Software without notice to you, at any time. You may terminate under these Terms at any time by deleting your Fundraising Page or by emailing support@fanclub.org, or your membership may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the FCF Software immediately ceases.

    FCF reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms, and/or your access to all or a portion of the FCF Software and/or remove any registration information or User Content from the FCF Software, for any reason (including if you breach of any of the provisions of these Terms).

  22. Changes to Services, Website, and the Terms of Use

    FCF reserves the right to modify or terminate the services you are receiving from FCF or the FCF Software for any reason, and without notice, without liability to you or any third party. FCF also reserves the right to modify these Terms with concurrent notice on the Fan Club Software. When you first register a user account through the FCF Software, you will be asked specifically to accept these Terms of Use if you have not done so before, and will be asked again, when you next log in, to do so if they have changed from the last time you accepted them. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the FCF Software following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the FCF Software.

    Notwithstanding the foregoing, FCF will not make any material changes how Educational Records are used or shared under these User Terms without advance notice email notice from FCF to Group Leaders and applicable Schools. If the Group Leader and/or School do not reply within a reasonable time, they will be deemed to have consented to such changes.

  23. Use of Third Party Services

    When you use the FCF Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

  24. Entire Agreement

    These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.

  25. No Assignment

    You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Fan Club’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties' respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise. Fan Club may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.

  26. Arbitration and Governing Law

    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 your involvement with FCF or FCF Software 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”). These Terms shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. Any claim for the enforcement of or arising from these Terms shall be brought and maintained in the courts of Williamson County, Tennessee, and each Party submits to the personal jurisdiction of such courts with respect to any such claim.

  27. Contact

    For questions about these Terms of Use please contact us at: support@fanclub.org.