THE VARSITY COLLECTIVE CHARITABLE FUND, INC.
Last revised: September 8, 2022
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.”
1. Ownership of the Platform
2. Access to the Platform, Security and Restrictions; Passwords
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 email@example.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.
3. License to use our Apps
4. Limitations on License.
The license to use our Apps is restricted as follows:
- 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.
- 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.
- 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.
- 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.
- Confidentiality. You must hold the Apps and any related documentation in strict confidence for your own use only.
- 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
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
Online Payments; In App Purchases
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.
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
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
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
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.
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 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.
19. Revisions; General
20. Contact Us
How to Contact Us:
The Varsity Collective Charitable Fund, Inc.
150 E. Gilman Street, Fifth Floor, Madison, WI 53703
Telephone: (608) 258-4314