Joel Jose — Oxford Prep Athletics - Scoreboard

Last Updated November 2022

TERMS OF SERVICE

Thank you for using the services of Scoreboard. These Terms of Use (also herein referred to as the "Terms" or the "Agreement") constitute a legally-binding agreement made between you, whether personally or on behalf of an entity (the "user," "you," or "your") and Scoreboard, LLC d/b/a Scoreboard ("Scoreboard," the "Company," "we," "us" or "our"), concerning your access to and use of our applications, website, and all of our products, services, websites, social media pages, posts and/or content, media forms and/or channels (collectively, the "Services"). You agree that by accessing or using the Services in any way, you have read, understood, and agree to be bound by all of these Terms.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

By accessing or using the Services, you also agree to be bound by our Privacy Policy and any supplemental terms and conditions or documents that may be posted on or through the Services from time to time. The Privacy Policy and any additional terms are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms at the top of this section, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued access to or use of the Services after the date such revised Terms are posted.

The information provided through our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our Services from locations outside of the jurisdiction where we are based do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Age Requirement

OUR SERVICES, INCLUDING ANY SOFTWARE CONNECTED TO OR ASSOCIATED WITH THE SERVICES, IS ONLY INTENDED FOR USERS WHO ARE AT LEAST 13 YEARS OF AGE. IT IS A VIOLATION OF OUR TERMS TO DOWNLOAD THE SOFTWARE APPLICATION ONTO PHONES OWNED BY MINORS YOUNGER THAN THIRTEEN (13) YEARS OF AGE ("MINORS"). MINORS NOT ALLOWED TO USE ANY OF OUR SERVICES IN ANY WAY UNLESS THEY ARE UNDER THE DIRECT SUPERVISION OF THEIR PARENT OR LEGAL GUARDIAN. SCOREBOARD WILL IMMEDIATELY DEACTIVATE ACCOUNTS THAT VIOLATE OUR AGE REQUIREMENTS. IN ADDITION, ANY RESPONSIBLE PARENT OR LEGAL GUARDIAN WILL BE REQUIRED TO PAY SCOREBOARD A FEE OF ONE HUNDRED DOLLARS ($100) PER EACH VIOLATION OF THIS POLICY, AS LIQUIDATED DAMAGES FOR THE TIME AND EXPENSE WE UNDERTAKE TO PROSECUTE VIOLATIONS OF OUR AGE REQUIREMENTS AND TO PROTECT ALL OF OUR USERS.

User Indemnification

As a condition of accessing and using our Services, you agree to defend, protect, indemnify and hold Scoreboard, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

your use of the Services;
a breach of these Terms;
any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Services, and/or your making available thereof to other users of the Services;
any activity related to your use of the Services, be it by you or by any other person accessing your Account with or without your consent, unless such activity was caused by the act or default of Scoreboard.

Business or Non-profit Use of Our Services

If you are using our Services on behalf of a business or non-profit entity, that entity accepts these Terms. Such business or non-profit entity will hold harmless and indemnify Scoreboard and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

Prohibited Uses of Our Services

You must follow any and all policies made available to you on or through the Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with these Terms, or if we suspect misconduct, in our sole and absolute discretion.

Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.

Specifically, by accessing or using our Services, you agree not to:

Reproduce, copy, modify in any material manner, or remove Scoreboard's proprietary marks, logos or notices;
Lease, resell or redistribute any of our Services;
Use the Services in connection with any commercial endeavors;
Provide access to or give the Services or any part or portion of the Services to a third party;
Reverse engineer the Services;
Make the Services available on any file-sharing platform;
Harm, as determined in our sole discretion, Scoreboard, the Services, other users or third parties or their use and/or experience with the Services;
Use the Services in connection with any legal matters that are frivolous, immaterial, illegal, lack merit, or have been pursued for an excessive or unreasonable amount of time;
Use the Services in connection with perpetrating, aiding or abetting a crime or fraudulent activity;
Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us;
Circumvent, disable, or otherwise interfere with security-related features of the Services;
Trick, defraud, or mislead us and other users;
Make improper use of our support services or submit false reports of abuse or misconduct;
Use any information obtained from the Services in order to harass, abuse, or harm another person;
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
Engage in any automated use of the Services;
Interfere with, disrupt, or create an undue burden on the Services or the networks or servers connected to the Services;
Attempt to impersonate another user or person or use the username of another user;
Sell or otherwise transfer your profile;
Use the Services in a manner that violates any applicable law, regulation or these Terms;
Permit any third party to use the Services in a manner that violates any applicable law, regulation or these Terms.

Creating an Account

You may need to create a Scoreboard Account (an "Account") in order to use some of our Services. You may create your own Account, or your Account may be assigned to you by the administrator in charge of a given fundraising campaign (the "Administrator"). If you are using an Account assigned to you by an Administrator, different or additional terms may apply, and your Administrator may be able to access or disable your Account. The Administrator is responsible for providing users with Accounts with any additional terms and conditions to which the user and/or the Account are subject.

To protect your Account, keep your password confidential. You are responsible for any and all activities that occur on or through your Account.

In order to create an Account and for other legitimate business purposes, Scoreboard may require you to provide certain data and information which is considered personal data. Our Privacy Policy explains how we treat your personal data and how we protect your privacy when you use our Services. By using our Services, you agree that Scoreboard may use any data you provide in accordance with our Privacy Policy, which we invite you to review here.

Intellectual Property Rights

Except as expressly set forth in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights, to any individual or entity.

Data Retention and Selling of Data

Scoreboard, LLC will not sell or give away any of the personal information entered into Scoreboard FR (mobile app). This includes end-users of our services and any related contacts entered into the mobile apps. An individual may contact us to request that their data be deleted.

Third-Party Content

OUR SERVICES MAY FROM TIME TO TIME LINK YOU TO THIRD-PARTY AFFILIATES AND OTHER PARTIES WHO ARE NOT SCOREBOARD. ANY THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE ENTITY THAT MAKES IT AVAILABLE.

Services Management

We reserve the right, but we are under no obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your contributions; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

Communications with Users

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of these communications.

For a full description of how we communicate with users and how to access opt out options, please visit our Privacy Policy.

Modifying and Terminating Our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop portions of the Services altogether.

You can stop using our Services at any time. Scoreboard may also stop providing Services to you, or add or create new limits to our Services, at any time.

Warranties and Disclaimers

NEITHER SCOREBOARD NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE PROVIDE THE SERVICES "AS IS," AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Limitation of Liability

In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Services.

Severability Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions.

Governing Law

These Terms and our legal obligations hereunder are subject to the laws of the State of Wisconsin, United States of America, regardless of your location.

Attorney Fees

In the event that Scoreboard is successful in whole or in part in any action or proceeding related to or arising from these Terms, you shall be responsible for Scoreboard's attorneys' fees and costs.

Additional Terms

These Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us.

Please read our Privacy Policy, which is incorporated fully into these Terms.

Contact

For questions or concerns, we can be contacted here Contact US

Cancellations, Refunds and Chargebacks Policy

Donation Refunds

On behalf of Scoreboard, LLC (d/b/a Scoreboard Fundraising) and our charitable affiliates, we are grateful for your donation and support. Refunds are only granted in exceptional circumstances, within 10 (10) days of the donation date, and are returned using the original method of payment. A request for refund must be submitted in writing, with sufficient supporting documentation, where applicable. Refunds will be executed within 10 days from the receipt of receipt of a written request, subject to our review and discretion, and based on consideration of the following exceptional circumstances. If the fundraiser has been closed and the funds transferred to the school or organization, you will need to request a refund from the appropriate school or organization.

Some exceptional circumstances in which refunds might be granted include:

The donation was made in error, had an incorrect amount, or the selected charity or recipient was not that intended by the donor
The donation was not authorized by the donor
The donor's circumstances have changed materially, for instance if the donation was made from the proceeds of a sale that was later canceled or refunded, or, the donor has become bankrupt or insolvent

Recurring Donation Refunds

Donors have the option to give recurring or one-time donations. We are only able to refund donations from the thirty (30) days before the date of the refund request. See Donation Refund Policy above.

Charitable Tax Status

If the donor has filed a tax return claiming a charitable deduction for the refunded gift, the donor is responsible for contacting their tax advisor to determine if their tax return needs to be amended.

Chargeback Policy to Prevent Fraud

Scoreboard Fundraising maintains a "zero tolerance" policy concerning chargebacks, in light of recent issues related to fraudulent requests for chargebacks.

As a condition of making a donation through Scoreboard Fundraising, you agree not to file a chargeback with your electronic payment issuer/card issuer, which means you cannot file a dispute with these entities in an attempt to have them cancel or refund your donation. Rather, should you be seeking a refund, you agree to communicate the exceptional circumstances which require such refund in writing to Scoreboard Fundraising, in accordance with our Donation Refund Policy.

Because you agree not to file a chargeback/dispute with your electronic payment issuer/card issuer, any chargeback/dispute which is filed is necessarily a breach of your agreement with Scoreboard Fundraising, and further, a willful breach which rises to the level of fraud. Such fraud may be prosecuted against you individually or, against the business you represent, to the fullest extent of the law.

If necessary, Scoreboard Fundraising will take immediate action against any individual or business that files a chargeback, including legal action, including but not limited to the following:

Denying the ability to make a donation or otherwise use our services to you or your affiliates in the future;
Blocking you from access to our services in the future;
Reporting you to appropriate law enforcement agencies, regulatory authorities, better business bureaus, the Federal Trade Commission (FTC), the Internet Crime Complaint Center (IC3), and any other entities with authority to assist with claims of fraudulent practices;
Issuing a press release or other truthful warnings to customers/vendors;
Sending the matter to third-party collections agencies or law firms;
Disclosing to third-parties any information needed to prosecute fraudulent activities, including but not limited to your contact information, phone or e-mail communications with us, contracts, payment history, and proof of authorization of payment.

In addition to the above actions, Scoreboard Fundraising reserves all rights and remedies at law and in equity, including under theories of breach of contract, breach of the covenant of good faith and fair dealing, material misrepresentation, negligent misrepresentation, fraud in the inducement, and statutory fraud in the jurisdiction where you, or we, or both of us are located.

NOTE THAT OUR CHARGEBACK POLICY ONLY GOES INTO EFFECT IN THE EVENT THE CHARGEBACK IS SUCCESSFUL, IF THE CHARGEBACK WAS INITIATED BY MISTAKE AND THE CHARGEBACK IS PROMPTLY CANCELED, THE ABOVE ACTIONS WILL NOT BE TAKEN.