BY ACCESSING AND USING THE WEBSITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND AGREE WITH THE TERMS OF THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. YOU AGREE TO BE BOUND BY THIS AGREEMENT FOR AS LONG AS YOU CONTINUE TO BE A USER. IF YOU DO NOT AGREE TO SUCH TERMS, PLEASE DO NOT USE THIS WEBSITE. THE TERMS ARE SUBJECT TO CHANGE BY THE COMPANY AT ANY TIME, EFFECTIVE UPON POSTING UPDATED TERMS ON OUR WEBSITE; ANY USE OF THE SERVICE AFTER SUCH NOTICE WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES.
Last Modified: January 5, 2015
1. ELIGIBLE USERS.
3. RESTRICTIONS ON USE.
- access, monitor, or copy any content or information from the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose, including, but not limited to, monitoring content, without UBooster’s express written permission;
- bypass or circumvent other measures employed to prevent or limit access to the Website or the Services;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of the Services for any purpose without our express written permission;
- “frame”, “mirror” or otherwise incorporate any part of the Services into any other website without our prior written authorization;
- imply in any way that UBooster is endorsing your products or services without prior written authorization from UBooster;
- post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by this agreement; or
- upload or transmit to the Services or use any device, software, or routine that contains Trojan Horses, Worms, Time Bombs, or other computer programming routines that may damage, interfere, or attempt to interfere with or intercept, the normal operation of the Services, or appropriate the Services or any system, or take any action that imposes an unreasonable load on our computer equipment, or that imposes on the rights of a third party.
4. REGISTERED USER IDENTIFICATION.
5. MAKING A BOOST.
All Boosts must be made through the Website and must be submitted with a major credit card unless otherwise expressly stated. All amounts shown on this Website are in U.S. Dollars (USD), unless otherwise noted. If you submit a Boost, you agree that all taxes, charges, surcharges, service/handling and other fees will automatically be charged to the credit card submitted. By making a Boost, you are agreeing to a donation to a non-profit organization if certain conditions are met. Your Boost is contingent on the boosted athlete electing to go to the College of your selection. On the day following National Letter of Intent Signing Day for a given sport (as set by the NCAA) or on a date announced by UBooster prior to your Boost, UBooster will determine the College to which each prospective student athlete has committed. This determination will be based on media reports available as of National Letter of Intent Signing Day. UBooster’s determination of a prospective student athlete’s commitment will be determinative. If you placed a Boost for the prospective student athlete to commit to the designated College, UBooster’s non-profit partner will process a charge to your account for the amount committed in your Boost (a “Boost Payment“).YOUR DONATION. Your Boost Payment constitutes a donation to UBooster’s non-profit partner. This non-profit partner will collect all Boost Payments and will process donations to the various athletic booster clubs for the Colleges (the “Booster Clubs“). UBooster’s non-profit partner has agreed that, unless prohibited by law, it will allocate funds to the Booster Clubs in accordance with your instructions and in proportion to the Boost Payments received. You will receive a receipt for tax purposes reflecting your Boost Payment.RUNNING THE TRIPLE OPTION. If, due to NCAA regulations or the determination of a College, UBooster’s non-profit partner cannot process a payment to your designated Booster Club, UBooster’s non-profit partner will redirect the payments to the general scholarship fund of the College that you have Boosted. In the event that neither of the proceeding donations can be completed, the Boost will be designated to the National Football Foundation, a 501(c)(3) non-profit organization that supports amateur football.
UBooster provides a software interface for you to make donations to non-profit organizations that support various College athletic programs. UBooster will not charge your credit card or debit your account for a Boost Payment. Your card will be charged or your account debited by UBooster’s non-profit partner.
- 5.1. Restrictions on our Services. There are some limitations on our Services. We and our non-profit partner reserve the right to accept or reject Boosts in our/its sole discretion. For example, there is a minimum transaction size of Five Dollars ($5.00) and a maximum transaction size of Five Thousand Dollars ($5,000.00), as further described in our FAQs. Employees of any College and their Family Members are not eligible to place Boosts. Any individual who holds him/herself out to be a professional athlete agent or an advisor to a student athlete or prospective student athlete, whether registered or unregistered with any state or College, and any employee, consultant, partner, affiliate, owner, investor, or Family Member of such an agent or advisor, is not eligible to place Boosts.
- 5.2. Fees and other Charges. We do not presently charge fees for our Services. Each donation is subject to an administrative processing fee paid by UBooster’s non-profit partner. This administrative processing fee will not exceed five percent (5%) of the total Boost Payment. Our non-profit partner may assess an administrative fee of up to 5%. There are also payment processing charges that will be assessed for each Boost. 85% or more of your Boost will be subject to designation towards your selected College. If, in the future, we charge fees for our Services, you will be given an opportunity to review and accept the fees that will be charged in connection with each Boost.
- 5.3 Payment Terms. All Boost Payments will be made via credit or debit card. All amounts shown on this Website are in U.S. Dollars (USD), unless otherwise noted. You agree that you are responsible for all taxes and any other fees. You agree not to hold UBooster or its non-profit partner responsible for any delay or loss of funds due to incorrect or incomplete information you supply or due to an error on the part of your financial institution in depositing funds to your account. You agree to notify UBooster in writing of any changes in your account information or termination of this authorization five (5) calendar days prior to the applicable National Letter of Intent Signing Day so that this information can be provided to its non-profit partner. You may not cancel a Boost or a Boost Payment if the applicable National Letter of Intent Signing Day is less than five (5) calendar days from the date you contact us. All cancellations should be directed to us at email@example.com. You understand that cancellations must be made in writing and you will not dispute the charge to your account with your bank account so long as the amount corresponds to terms indicated in this Agreement.
6. INTELLECTUAL PROPERTY.
You acknowledge that the Services and all content included on this Website, including without limitation, the information, data, software, photographs, graphs, video, typefaces, graphics, texts, displays, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, the “Content“) are owned by, and the intellectual property and copyrighted works of, UBooster and/or various third-parties. Reproductions or storage of Content retrieved from this Website, in all forms, media and technologies now existing or hereafter developed, is subject to the U. S. Copyright Act of 1976, Title 17 of the United States Code. “UBOOSTER” is the trademark of UBooster in the U.S. and/or other countries (“Trademark“). Other logos and product and company names displayed on the Website may be the trademarks of their respective owners. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Trademark in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without UBooster’s prior written consent. The use of the Trademark on any other mobile or tablet application, website, or network computer environment is prohibited. UBooster prohibits the use of the Trademark as a link on, or to, any application or web site unless establishment of such a link is pre-approved by UBooster in writing.
In addition to any other remedies, at law or in equity or otherwise provided under this Agreement, UBooster may have for your breach of this Agreement, without notice to you for any of the reasons that follow, we may take the following actions to protect UBooster or a third party from liability: (A) we may immediately close, suspend, or limit your access to the Services or terminate your permission to use the Website; (B) we may contact law enforcement, or impacted third parties of your actions; (C) we may update inaccurate Registration Details you provided us; and/or (D) we may refuse to provide our Services to you, if:
- UBooster or its non-profit partner is unable to verify or authenticate your registration/application/banking details to the satisfaction of UBooster;
- UBooster, in its sole discretion, believes it is in the best interest of UBooster, this Website, and/or other users; or
- UBooster, in its sole and absolute discretion, believes that you have directly or indirectly engaged in misrepresentation, fraudulent, or illegal activity in connection with the Website or other behavior harmful to the Website, other users of the Website or UBooster.
8. INDEMNITY AND RELEASE.
9. WARRANTIES OF USER.
You represent and warrant to us that: (i) you are of sound mind, acting under your own free will, and over the age of eighteen (18) years, (ii) your execution, delivery, and performance of this Agreement and the consummation of the transactions contemplated hereby constitute your legal, valid, and binding obligations, enforceable against you in accordance with their respective terms, and (iii) your execution, delivery, and performance of this Agreement and the consummation of the transactions contemplated hereby, do not and will not: (a) violate or conflict with any judgment, order, decree, statute, law, ordinance, rule, or regulation applicable to you, or (b) conflict with, or result in (with or without notice or lapse of time or both) any violation of, or default under, or give rise to a right of termination, acceleration, or modification of any obligation or loss of any benefit under any contract or other instrument to which you are a party. Further, no consent, approval, waiver, or authorization is required to be obtained by you from any person or entity in connection with your execution, delivery, and performance of this Agreement and the consummation of the transactions contemplated hereby.
10. DISCLAIMER OF WARRANTIES AND LIABILITY.
THE WEBSITE, THE SERVICES, AND INFORMATION ACCESSED USING THE WEBSITE, INCLUDING ALL CONTENT, INFORMATION, FUNCTIONS, SERVICES, CERTIFICATIONS, AND THIRD-PARTY OFFERS MADE AVAILABLE ON, OR ACCESSED THROUGH THE SERVICES OR THE WEBSITE, ARE ACCESSED AT YOUR OWN RISK AND ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. UBOOSTER DOES NOT WARRANT THAT THE SERVICES, PROPERTY, MERCHANDISE, CONTENT, INFORMATION, AND THIRD-PARTY OFFERS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEBSITE, INCLUDING ANY OTHER MATERIALS OR PROGRAMS USED IN CONNECTION WITH THE SERVICES OR THE WEBSITE, WILL BE ACCURATE, TIMELY, SECURED, UNINTERRUPTED, OR ERROR FREE, OR THAT ANY SUCH DEFECTS WILL BE CORRECTED OR THAT THE SERVICES, PROPERTY, OR MERCHANDISE AVAILABLE THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM UBOOSTER’S AGENTS OR REPRESENTATIVES OR THROUGH THE SERVICES PROVIDED BY UBOOSTER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. UBOOSTER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY SERVICES, TRANSACTIONS, PRODUCTS, OR SERVICES/GOODS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE WEBSITE, OR ANY TRANSACTIONS ENTERED INTO AS A PROXIMATE RESULT OF THE SERVICES OR THE WEBSITE. UBOOSTER DOES NOT WARRANT THAT THE SERVICES OR THE USE OF THE WEBSITE IS SECURE FROM HACKING, TAMPERING, THEFT, OR DESTRUCTION FROM CYBER CRIMINALS, HACKERS, OR COMPUTER VIRUSES. USER AGREES AND ACKNOWLEDGES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THIS AGREEMENT ARE FAIR AND REASONABLE. THIS WEBSITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY OTHER OTHERS, BLOGGERS, AND THIRD-PARTY LICENSORS, SYNDICATORS, AGGREGATORS, AND/OR REPORTING SERVICES. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO THE QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT IDENTIFIED AS BEING PROVIDED BY UBOOSTER, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. THERE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF UBOOSTER. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL UBOOSTER OR ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INJURY, OR DEATH ARISING OUT OF OR IN CONNECTION WITH ANY MERCHANDISE, WEBSITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). UBOOSTER LIABILITY, AND THE LIABILITY OF ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN CONNECTION WITH OUR PERFORMANCE OF SERVICES TO YOU IS LIMITED TO THE LESSER OF (1) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (2) $100.00. TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT YOU WILL BRING ANY CLAIM OR CAUSE OR ACTION ARISING FROM OR RELATING TO YOUR DOWNLOADING, ACCESS OR USE OF THIS WEBSITE WITHIN TWO (2) YEARS FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR SUCH CLAIM OR CAUSE OF ACTION WILL BE IRREVOCABLY WAIVED.
13. TERM AND TERMINATION.
Until and unless terminated by you or UBooster, your ability to access the Website will continue indefinitely. UBooster may terminate this Agreement and your access to the Website and related Services at any time, with or without cause, and with or without notice. Upon termination of your right to use the Website, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Website or UBooster systems, if any. Your obligations pursuant to Sections 9-12 and the survival provision of this Section 13 shall survive the termination of this Agreement.
Some of the communications between you and UBooster use electronic means, whether you visit our Website, use our Website, send us emails, click on a weblink, or whether UBooster posts notices on the Services or communicates with you via email. You hereby consent to receive communications from UBooster in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that UBooster provides to you electronically satisfy any legal requirement that such communications would satisfy if required to be and given in writing.
15. ENTIRE AGREEMENT.
16. GOVERNING LAW AND JURISDICTION.
17. THIRD PARTY LINKS – NO AGENCY.
In the event any one or more provisions of this Agreement shall be declared illegal or unenforceable under any law, rule, or regulation of any government having jurisdiction over the parties hereto, such illegality and unenforceability shall not affect the validity or enforceability of the other provisions hereof, which shall remain in full force and effect.
Failure of UBooster to enforce one or more of the provisions of this Agreement or to exercise any rights hereunder or to require at any time performance of any of the obligations hereof shall not be construed to be a waiver of such provisions by UBooster or nor in any way to affect the validity of this Agreement or UBooster’s right thereafter to enforce each and every provision of this Agreement.
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto. All notices required or permitted to be given hereunder shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested) if to UBooster, at its principal place of business, and if to you, at the address associated with your account; or (c) on the date sent by e-mail of a PDF document (with confirmation of transmission). In the event of a dispute arising under or out of the terms of this Agreement or the transactions contemplated hereby, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable attorneys’ fees and costs.