THE VARSITY COLLECTIVE CHARITABLE FUND, INC.

TERMS OF USE

Last revised:  September 8, 2022

Please carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of The Varsity Collective Charitable Fund, Inc.’s (“Varsity,” “we,” “us,” and “our”) Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:

www.thevarsitycollective.com (our “Website”);

The Varsity Collective; The Varsity Collective Club; VC Connect; and/or The Varsity Club (our “Apps”);

Any products (“Products”) available for purchase through our Website and/or our Apps; and

The services (“Services”) made available through our Website and/or Apps.

The Website and Apps, and the Services you obtain, are collectively referred to as our “Platform.”

By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Policy. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform and/or the Services, please PROMPTLY EXIT THIS WEBSITE.

Binding Arbitration. These Terms of Use provide that all disputes between you and Varsity that in any way relate to these Terms of Use or your use of the Platform will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Varsity.

1. Ownership of the Platform

All pages, features, and content within this Platform and any material made available for download are the property of Varsity, or its licensors or suppliers, as applicable. The Platform is protected by United States and international copyright and trademark laws. The contents of the Platform, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Varsity. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Varsity without our express written consent.

2. Access to the Platform, Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

Except for ADA accessibility purposes, you may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform (collectively “Automated Action”). The Platform has several accessibility options to enable use of our Platform for everyone regardless of their circumstances. In the event our ADA accessibility options are not sufficient and your particular circumstances require using Automated Action on the Platform, please contact us through email at contact@thevarsitycollective.com or through phone at (608) 258-4314 for an accommodation.

Violations of system or network security may result in civil or criminal liability. Varsity will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.

In the event access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Varsity or as created in accordance with Varsity’s requirements. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by Varsity at any time with or without cause. You agree to defend, indemnify and hold Varsity harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Varsity arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.

3. License to use our Apps

Varsity grants to you a nontransferable license to use the Apps on devices that you own or control. Varsity reserves all rights in and to the Apps not expressly granted to you under these Terms of Use. These Terms of Use will govern any content, materials, or services accessible from or purchased within the Apps as well as upgrades provided by Varsity that replace or supplement the original App, unless such upgrade is accompanied by a new or revised terms. Without our prior written permission, you may not distribute or make the Apps available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Apps and, if you sell your device to a third party, you must remove the Apps from the device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Apps).

4. Limitations on License.

The license to use our Apps is restricted as follows:

1. Limitations on Copying and Distribution. You may not copy or distribute the Apps except to the extent that copying is necessary to use the Apps for purposes set forth herein.
2. Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Apps, except to the extent expressly permitted by applicable law.
3. Sublicense, Rental and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Apps, or directly or indirectly permit any third party to copy and install the Apps on a device not owned and controlled by you.
4. Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Apps or its documentation.
   Use in Accordance with Documentation. All use of the Apps must be in accordance with its then current documentation, if any, provided with the Apps or made available on the Website.
5. Confidentiality. You must hold the Apps and any related documentation in strict confidence for your own use only.
6. Compliance with Applicable Law. You are solely responsible for ensuring your use of the Apps is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.

5. Account Set-Up and User Information

You agree to: (a) provide true, accurate, current, and complete information when registering to use the Website and establishing your account, and all other or additional information you input or load into the Platform in connection with your use of the Platform (collectively “User Information”) and (b) maintain and promptly update the User Information to keep it true, accurate, current, and complete. If you provide any User Information that is untrue, inaccurate, not current, or incomplete, or Varsity has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Varsity suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

6. Platform Support; Modified Devices

All questions and requests relating to support of the Platform must be directed to Varsity. The Third Parties, as defined in these Terms of Use below, are not responsible for providing support for the Platform and may not be contacted for support. We may change or remove functionality and other features of the Platform at any time, without notice.

Varsity will have no liability for errors, unreliable operation, or other issues resulting from use of the Apps on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Apps on Modified Devices will be at your sole and exclusive risk and liability.

7. Ordering and Purchasing of Services or Products

Accuracy and Integrity of Information; Colors

Although Varsity attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Varsity so that it can be corrected. Varsity reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Varsity will have no responsibility or liability for information or Content posted to the Platform from any non-Varsity affiliated third party.

We have made significant efforts to accurately display the colors of Products that appear on the Website. However, as the actual colors you see will depend on your monitor or other device, we cannot guarantee that your device’s display of any color will be accurate.

Typographical Errors and Incorrect Pricing

In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we have the right to refuse or cancel any orders placed for Product or Service listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged and whether or not any such orders are in connection with a donation. If your credit or debit card has already been charged and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the relevant amount.

Order Acceptance and Shipment

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including orders that are based on donations. Your account may also be restricted or terminated for any reason, at our sole discretion. In certain instances, you may not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance practices. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order or donation. If your order or donation is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

Risk of Loss

All Products purchased or otherwise ordered from the Website are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier.

Quantity Limits and Dealer Sales

Varsity reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Varsity and its Services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Varsity also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any Products or Services from Varsity for the purpose of engaging in a commercial sale of that same Products or Services with a third party.

Online Payments; In App Purchases

You can purchase Products and Services and make donations on the Platform, including purchasing additional features or functionality for the Apps through in-app purchases. You agree to pay all fees associated with purchases made through the Platform, including purchases made through the Apps. All fees are non-refundable, non-cancellable, except as provided in these Terms of Use.

We accept credit and debit cards issued by U.S. banks through our payment processor. If a debit or credit card account or bank account is being used for a transaction, our payment processor may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the account you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while your new payment information is verified.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase, donation, or other transaction with the relevant credit card and credit card information.

Stripe

Payment processing services for our Website are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Use or using our Services, you agree to be bound by the Stripe Services Agreement, as they may be modified by Stripe from time to time. As a condition of Varsity enabling payment processing services through Stripe, you agree to provide Varsity accurate and complete information, and you authorize Varsity to share it and transaction information related to your use of the payment processing services provided by Stripe.

Automatic Renewal Subscription Terms

We may charge a subscription fee for some Products and/or Services on our Platform that are offered or provided on a subscription basis. Your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by clicking here. If you cancel your subscription, your account’s access to the subscription Products and/or Services will automatically end at the end of your current billing period. Varsity may change the price for your subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Products and/or Services prior to the price change going into effect. If payment through your payment method is refused, rejected, or declined for any reason, we reserve the right cancel your subscription without notice. In the event that your subscription is cancelled for any reason, you will need to re-subscribe in order to access any subscription-based Products and/or Services offered through our Platform.

8. Donation Acceptance

We may accept donations through the Platform and we may elect to offer Products or Services in connection with a donation. We shall have the right to refuse or cancel any donations placed for any reason, whether or not the donation has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the donation and your donation is canceled, we shall promptly issue a credit to your credit or debit card account in the applicable amount.

9. Consent to Receive Calls and Text Messages

By providing your mobile number, you are agreeing to be contacted by or on behalf of Varsity at the mobile number you have provided, including calls and text messages, to receive informational messages and communications relating to Varsity and the Platform. Message and data rates may apply. To stop receiving text messages text the word STOP in response to any text message you receive. We may confirm your opt out by text message. Please note, that by withdrawing your consent, certain Varsity information may no longer be available to you or provided to you. If you believe you have received a call or text message from us that you did not subscribe to, in addition to opting out, you may contact us as described at the end of these Terms of Use.

10. Export Policy and Restrictions

You agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold harmless Varsity and its affiliates for any and all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws, and regulations

11. User Generated Content, Reviews, Feedback and other Postings to the Platform

If you submit, upload, or post any comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Platform (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the Platform through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Varsity that you have the legal right and authorization to provide all User Generated Content to Varsity for the purposes and Varsity’s use as set forth herein. Varsity has a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Varsity desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Varsity is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.

Varsity does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Platform. You grant Varsity the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Varsity and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.

You agree to defend, indemnify and hold Varsity harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Varsity arising out of any User Generated Content you post or allow to be posted to the Platform.

12. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Varsity respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Varsity’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Platform

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Platform by sending us a notice (“Notice”) complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

The Varsity Collective Charitable Fund, Inc.

Attention:  Executive Director

Email:  contact@thevarsitycollective.com

13. Disclaimer of Warranties

VARSITY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. VARSITY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. VARSITY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY VARSITY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

14. Limitation of Liability Regarding Use of the Platform

VARSITY AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF VARSITY TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS).

15. No Liability of App Store and Other Third Parties

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Apps. Varsity, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Apps or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third Party terms and conditions. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APPS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS OF USE OR THE APPS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APPS AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Apps or your possession and use of the Apps infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

16. External Services

The Platform may enable access to Varsity’s and/or third-party services and websites, including social media sites (collectively and individually, “External Services”). Varsity makes no representations whatsoever about any External Services that you may access through the Platform. When you access a non-Varsity website or service, please understand that it is independent from Varsity, and that Varsity has no control over the content on that website. You agree to use the External Services at your sole risk. Varsity is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. A link to External Services does not mean that Varsity endorses or accepts any responsibility for the content, or the use, of the linked service or website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

Data displayed by the Platform or External Services, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by Varsity or its agents. You will not use the External Services in any manner that is inconsistent with the terms of these Terms of Use or that infringes the intellectual property rights of Varsity or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, impersonate, or defame any person or entity, and you agree that Varsity is not responsible for any such use. External Services may not be available in all languages or in your country of residence, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Varsity reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.

17. Location-Enabled Features

Any location-enabled functionality made available through our Platform is provided by Google Inc., Apple Inc., and other third party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind.

18. Dispute Resolution; Arbitration Agreement

We will try work in good faith to resolve any issue you have with the Platform, including Products and Services ordered or purchased or any donations made through the Platform, if you bring that issue to the attention of our customer service team. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and Varsity agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform, including Products and Services ordered or purchased or any donations made through the Platform, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Varsity are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Varsity.

If you desire to assert a claim against Varsity, and you therefore elect to seek arbitration, you must first send to Varsity, by certified mail, a written notice of your claim (“Notice”). The Notice to Varsity should be addressed to: The Varsity Collective Charitable Fund, Inc. 150 E. Gilman Street, Suite 5000, Madison, WI 53703 (“Notice Address”). If Varsity desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Varsity, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Varsity and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Varsity may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Varsity or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Varsity receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Without limiting the generality of the foregoing and for the avoidance of doubt, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Use. Unless Varsity and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Varsity’s last written settlement offer made before an arbitrator was selected (or if Varsity did not make a settlement offer before an arbitrator was selected), then Varsity will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND VARSITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Varsity agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If this agreement to arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Madison, Wisconsin, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

19. Revisions; General

Varsity reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. Varsity’s failure to enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Varsity and you pertaining to the subject matter hereof. In its sole discretion, Varsity may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.

20. Contact Us

If you have any questions, concerns, complaints, or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below or through the Contact Us [**Insert link**] page on our Platform.

How to Contact Us:

The Varsity Collective Charitable Fund, Inc.

150 E. Gilman Street, Fifth Floor, Madison, WI 53703

Telephone: (608) 258-4314

Email: contact@thevarsitycollective.com