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Last updated, 3/20/23
Collection of Personal Information
We collect personal information from you when you register for our services, sign up for our newsletter, or submit an inquiry through our website. The information we collect may include your name, email address, phone number, mailing address, and other information that you provide to us.
Use of Personal Information
We use your personal information to provide our services and products to you, to communicate with you about our services and products, and to improve our services and products. We may also use your personal information to send you marketing communications, such as newsletters and promotional offers.
Disclosure of Personal Information
We may disclose your personal information to third-party service providers who assist us in providing our services and products to you. We require these third-party service providers to maintain the confidentiality and security of your personal information and to use it only for the purposes for which we disclose it to them.We may also disclose your personal information if we are required to do so by law or if we believe that such disclosure is necessary to protect our rights, property, or safety, or the rights, property, or safety of others.
Security of Personal Information
We take the security of your personal information seriously and have implemented technical and organizational measures to protect your personal information against unauthorized access, use, disclosure, or destruction. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.
Retention of Personal Information
We will retain your personal information for as long as necessary to fulfill the purposes for which it was collected and to comply with applicable legal requirements.
You have the right to access, correct, and delete your personal information. You may also object to the processing of your personal information or request that we restrict the processing of your personal information. To exercise these rights, please contact us at the contact information below.
Terms of Reward Program
Last Updated: March 14, 2023
1. Boys Club Rewards Program
For each Qualifying Event (as defined in Section 5.1), Boys Club will grant you certain Rewards, in accordance with this Agreement. Participation in the Program and the opportunity to receive Rewards are offered at the sole discretion of Boys Club and subject to your compliance with this Agreement and any other applicable agreements. Boys Club reserves the right to change, upgrade, or discontinue the Program and any Boys Club Property or any feature of the Program or the Boys Club Properties, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by Boys Club or its licensors.
2.2 Linking a Self-Custodied Wallet.
When you create a Rewards Account, the Boys Club may generate a user-custodied blockchain wallet on your behalf. However, you are free to use any compatible self-custodied wallet of your choice (the “Reward Wallet”). You may only have one Reward Wallet associated with your Reward Account at any given time. You must have a Reward Wallet associated with your account at all times. Rewards will only be sent to the Reward Wallet associated with your Rewards Account. We have no claim of right, title, or ownership to any of the assets in your Reward Wallet, except for with respect to Rewards as expressly set forth in this Agreement.If you have a wallet which contains Rewards, and it is not associated with a valid Rewards Account, you must link that wallet with your account immediately. Failure to link a valid Rewards Account with a wallet that contains Rewards is a violation of this Agreement, which may result in us taking action, including, but not limited to, terminating your Rewards Account, banning you from the Rewards Program, and/or voiding your Rewards.
2.3 Closing your Rewards Account.
If you elect to close your Rewards Account before you have redeemed all accrued Rewards, Boys Club will make commercially reasonable efforts to give you an opportunity to redeem such unredeemed Rewards, but you hereby acknowledge and agree that by electing to close your Rewards Account you abandon any claim and forfeit all rights to the remaining Rewards in your Rewards Wallet at that time. Boys Club shall not be liable to you for the value of any Rewards in your Rewards Wallet at the time you elect to close your Reward Account.
3. Program License
Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to (i) access and use the Boys Club Properties for your personal use to access the Program, and (ii) redeem the Rewards at any Participating Merchant. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement.
4. Program Restrictions
You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Boys Club Properties; (ii) introduce into the Boys Club Properties any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Boys Club Properties (collectively, “Content”); (iv) access the Program or the Boys Club Properties by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Boys Club; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Boys Club Property for any reason; (vii) rent, sell or sublicense any of the Boys Club Properties; (viii) provide any unauthorized third party with access to the Program; (ix) access confidential Content through the Boys Club Properties; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Boys Club Properties or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the Boys Club Properties; (xiii) engage in any activity that does not comply applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program.
5. Receiving Rewards
5.1. Qualifying Events.
In order to qualify for Rewards, you must be signed in to one of the Boys Club Properties and complete one of the following events in accordance with their applicable terms and conditions (each, a “Qualifying Event”): (a) win Rewards when participating in a Boys Club sweepstakes, (b) earn Rewards via a new user bonus or other promotion.
5.2 Reward Types.
Boys Club may issue different types of “Rewards” from time to time, including, Points, Tier Status, and Digital Collectables. The benefits and restrictions of each type of Reward are further described in the promotion in which the Reward is redeemed. The characteristics and limitations of each Reward type are determined by the Boys Club in its sole discretion.
The Rewards are subject to adjustment in the determination by Boys Club that the Rewards do not comply with these Terms. Rewards are not guaranteed. The Boys Club may change the criteria for Qualifying Events at any time and may notify you of those changes via notifications in the Boys Club Properties and/or updates to these Terms.
5.4. Member with Valid Rewards Account.
In order to earn Rewards, you must have a registered Rewards Account with a valid and verified email address and valid Rewards Wallet.
5.5. Rewards Unsecured.
The Rewards are not a financial instrument and does not carry a balance in US dollars (“USD”) or in any other fiat or cryptocurrency on your behalf; they merely (1) record a general unsecured commercial obligation to you by Boys Club, as described herein, and (2) allow Boys Club to coordinate your participation in the Rewards Program and with Participating Merchants. “Earning rewards” and other similar terms used herein and in connection with the Boys Club Properties means the right to be issued Rewards added to your Reward Wallet by Boys Club, as determined within Boys Club’s reasonable discretion. It does not mean that the Rewards, or any funds whatever, are held on your behalf. Further, by agreeing to these terms, you represent that you understand that you do not have right, legal title or a security interest in any particular assets of Boys Club, and you understand and agree that the only remedies available to you for controversies arising from this Agreement or your use of Boys Club generally will be at law and as a general unsecured creditor.
5.6 Reward Calculations.
All calculations and determinations, including the determination of the amount of Rewards earned on any given event date and whether any particular action meets the requirements for a Qualifying Event, shall be performed by Boys Club at its sole discretion.
5.7 Receiving Rewards.
You hereby acknowledge and agree that any Rewards granted to you by Boys Club under the Program are given without consideration or payment of any kind from you. Boys Club may make reasonable adjustments to any Reward amounts, including adjustments to your Rewards balance, at any time without advance notice if in its reasonable judgment Boys Club finds such adjustments are necessary.
Your Rewards Account may not have an excess of ten thousand dollars ($10,000) of value (the “Rewards Account Limit”) or more on any day under the Program. The Rewards Account Limit includes Rewards marked pending and final. You will not receive Rewards for a Qualifying Event if such Rewards would cause either (i) your Rewards Account balance to exceed the Rewards Account Limit. The Rewards Account Limit shall not apply to any individual Qualifying Event that itself exceeds the Rewards Account Limit. Additionally, you may not transfer any Points in your Rewards Account to other Members, or cause Rewards for a Qualifying Event to be credited to another Member. Your Rewards Account, including any Points contained in it, may not be assigned or granted to, or inherited by, any other person or party.
6. Reward Exclusions
Points may not be purchased. Boys Club uses reasonable efforts to maintain a list of exclusions. The list of exclusions is subject to change without notice, and Boys Club hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions. If you receive Rewards and we later discover that you did not have a Qualifying Event for those Rewards, you may forfeit future Rewards, or we may reduce your current Rewards balance. The Program is designed for consumer use only and may not be manipulated or converted into a commercial use or financial transaction instrument. We may also take any other action we deem appropriate.
7. Bonuses and Other Rewards
Boys Club may elect to offer Rewards for you for signing up for a Rewards Account, referring new Members to the Program, or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement.
8. Redeeming Rewards
8.1 General Requirements.
As a condition of redemption of your Rewards, you must establish and maintain an Active Rewards Account (defined below) with the information necessary to process your redemption: a valid email address at which you are able to receive email, a valid Reward Wallet, and any other information Boys Club reasonably requests.
8.2 OFAC Requirements.
As a condition of redemption, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition for redeeming Rewards.
Rewards in your Rewards Account may only be redeemed on one of the Boys Club Properties or with a Participating Merchant. You must follow the procedures presented in the applicable Boys Club Property or by a Participating Merchant, and comply with any additional terms or conditions of the relevant Boys Club Property or Participating Merchant, in order to redeem Rewards. Points may only be redeemed by the Member who accrued them.
8.3 Rewards Account Adjustments.
In our sole discretion, we may change the Rewards in your Rewards Account in order to make adjustments, including for returns and cancellations with respect to Qualifying Events. Any such adjustments, however, will be made in accordance with this Agreement, any applicable Boys Club policies and terms, and any and all applicable laws, rules, and regulations. It is your responsibility to check your Rewards Account regularly to ensure that Rewards have been properly credited and redeemed and that your Rewards Account balance is accurate. If you believe that Rewards have not been correctly credited to your Rewards Account, you must contact Boys Club Support within thirty (30) days of the Qualifying Event. Should you disagree with any adjustments made to your Rewards Account or payments made to you, your sole remedy is to withdraw from the Program.
8.4 Your Return of Misapplied Rewards.
In the event we determine, in our sole discretion, that you have been credited Rewards which were misapplied by us for any reason, we may deduct the misapplied Rewards from your Rewards Account. If you have transferred or redeemed the misapplied Rewards, You agree to promptly return to us the value of the misapplied Rewards, less $100, which you may keep. If you refuse to promptly return the misapplied Rewards, you agree to reimburse us for all costs and reasonable attorneys’ fees associated with our recovery of the misapplied redeemed Rewards.
8.5 Minimum Redemption Amount.
The Boys Club may set a minimum number of Rewards that you must have in your Rewards Account in order to be eligible to redeem your Rewards.
You may be taxed on your receipt of Rewards depending on the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with the Program. We may need to collect certain identifying information from you in order to fulfill our tax reporting obligations, and in the event you are unable or unwilling to provide such information, you may forfeit your Rewards and/or risk termination from the Program.
9. Updating & Maintaining Your Rewards Account
9.1. Updating Your Rewards Account.
You agree to keep your Rewards Account information current, complete, and accurate by periodically updating the information through the Boys Club Properties. You may check your Rewards Account status and recent Rewards history at any time via the Boys Club Properties. You will maintain the confidentiality of your Rewards Account information. Any use of your username or Reward Wallet will be deemed to be your use, and Boys Club is entitled to act on instructions received under your username or signed by your Reward Wallet and is not responsible for any changes made to your Rewards Account or redemption of Rewards made by someone else who uses has access to your Rewards Account or the keys to your Reward Wallet. If there is a breach of security through your Rewards Account, you will immediately take steps necessary to secure the account and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username or keys to your Reward Wallet is yours and has been authorized by you, and we will have no further obligation to investigate the propriety of such instruction. If you log into your Rewards Account through a Third-Party Platform (as defined in Section 13), certain information about you will be transferred to your Rewards Account (e.g., name, e-mail, “Likes”, etc.), and the fact that you have logged onto your Rewards Account and some of that transferred information may be available to other users of the Third-Party Platform. We will restrict access to any such transferred information about you to the extent required by the policies of any such Third-Party Platform, but all transferred information will otherwise be subject to the terms of this Agreement. If there is a breach of security of any such Third-Party Platform, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted after logging into your Rewards Account through such Third-Party Platform is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
9.2. Maintaining Your Active Rewards Account.
An Active Rewards Account means you must have completed an action on a Boys Club Property in the last twelve (12) calendar months. If your Rewards Account becomes inactive, we may begin to reduce your Rewards Account balance. Further, Boys Club may also elect, at its sole discretion, to terminate your Rewards Account permanently, void your Rewards, and cease to maintain your Rewards Account records and Program access. You hereby acknowledge and agree that by failing to maintain an Active Rewards Account you abandon any claim and forfeit all rights to the Rewards in your Rewards and your Rewards Account at that time. Boys Club shall not be liable to you for the value of any Rewards, or any gains or losses associated with the value of the Rewards in your Rewards Account, at the time your Rewards Account is closed for inactivity in accordance with this Section.
9.3. Fraudulent Activity.
We reserve the right to investigate any transactions, referral activity, or interaction with any Boys Club Property or Participating Merchant that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Rewards accrued by, bar further Rewards to, and/or terminate the Program membership of, any Member that we believe, in our sole discretion, is abusing or has abused the Program. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Rewards, or any misrepresentation of any information furnished to Boys Club by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued Rewards. If Boys Club has any reason to suspect fraudulent activity is associated with your Rewards Account, Boys Club reserves the right to delay or withhold issuance or redemption of Rewards. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud policy.
10. Risk Disclosure
DIGITAL ASSET VALUES CAN FLUCTUATE SUBSTANTIALLY WHICH MAY RESULT IN A TOTAL LOSS OF THE VALUE OF YOUR REWARDS. COMPANY DOES NOT OWN OR CONTROL ANY OF THE SOFTWARE PROTOCOLS THAT ARE USED IN CONNECTION WITH THE REWARDS. ACCORDINGLY, COMPANY DISCLAIMS ALL LIABILITY RELATING TO SUCH PROTOCOLS AND ANY PRICE FLUCTUATIONS IN THE REWARDS, AND MAKES NO GUARANTEES REGARDING THE SECURITY, FUNCTIONALITY OR AVAILABILITY OF SUCH PROTOCOLS.
BY USING THE COMPANY PROPERTIES, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING PROTOCOLS ARE SUBJECT TO SUDDEN CHANGES IN OPERATING RULES (KNOWN AS “FORKS”), AND THAT SUCH FORKS MAY MATERIALLY AFFECT THE VALUE, FUNCTION, AND/OR EVEN THE NAME OF THE DIGITAL ASSETS TO WHICH THE REWARDS ARE PEGGED. IN THE EVENT OF A FORK, YOU AGREE THAT WE MAY TEMPORARILY SUSPEND OPERATIONS (WITH OR WITHOUT ADVANCE NOTICE TO YOU) AND THAT WE MAY, IN OUR SOLE DISCRETION, DECIDE WHETHER OR NOT TO ADJUST YOUR REWARD BALANCE AS A RESULT OF THE FORKED PROTOCOL.
10.3. SYSTEM FAILURE.
YOU ACCEPT ALL RISKS ASSOCIATED WITH THE USE OF THE REWARDS BEING ASSOCIATED WITH DIGITAL ASSET PROTOCOLS, AND ANY FAILURES THAT MIGHT ARISE AS A RESULT THEREOF, INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH THE FAILURE OF HARDWARE, SOFTWARE, AND INTERNET CONNECTIONS. THE NATURE OF DIGITAL ASSETS MEANS THAT ANY TECHNOLOGICAL DIFFICULTIES EXPERIENCED BY COMPANY MAY PREVENT COMPANY OR A PARTICIPATING MERCHANT FROM BEING ABLE TO SUCCESSFULLY REDEEM YOUR REWARDS.
10.4. Disruption Events.
You agree that we are not liable for any price fluctuations in your Rewards. In the event of a market disruption, we may do one or more of the following: (a) suspend Rewards earning or redemptions; or (b) prevent you from completing any actions via the Boys Club Properties. We will not be liable for any losses suffered by you resulting from such actions. Following any such event, when the Boys Club Properties resume, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
10.5. Limitation of Liability.
Our responsibility is limited to the exercise of ordinary diligence in giving access to redeemed Rewards upon request and in preventing access to your Rewards by unauthorized persons. We are not responsible for any unauthorized access or loss or harm an unauthorized access cause, unless caused only by our gross negligence or our willful misconduct.
10.6. Risks Inherent to Digital Assets.
(a) Digital asset transactions are irreversible, and, accordingly losses due to fraudulent or accidental transactions may not be recoverable and Boys Club shall not be held liable for any fraudulent or accidental transactions, (b) Rewards are not legal tender and is not backed by a government or central bank and Boys Club is not a bank. As such, there is no protection, such as deposit insurance, to cover any losses associated with Rewards, (c) legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, exchange, and value of Rewards the digital asset public ledger blockchains are maintained by a vast unidentified private computer network spread around the world and choosing to participate in public blockchains is at your own risk and understanding of the networks, (d) digital assets are a target for fraud and the potential for fraud is especially likely when you engage in transactions with third parties, (e) digital assets are a target for hackers and hacking can occur even when you use the strongest security settings and as such your digital assets may be irretrievably stolen, (f) some digital asset transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you have initiated the transaction (g) the value of digital assets may be derived from the continued willingness of market participants to exchange Fiat Currency for digital assets, which may result in the potential for permanent and total loss of value of a particular digital asset should the market for that digital assets disappear, (h) there is no assurance that a person who redeems Rewards today will continue to do so in the future, (i) the volatility and unpredictability of the price of digital assets relative to Fiat Currency may result in significant loss over a short period of time, and (j) any bond or trust account held by Boys Club may not be sufficient to cover all losses incurred by our customers.
11. Receiving Communications
12. Boys Club Applications
Boys Club may make available software applications (“Boys Club Applications”) to assist Members in earning Rewards without visiting boysclub.vip, and any Boys Club mobile application. For purposes of this Agreement, references to Boys Club Properties shall include Boys Club Applications. Boys Club Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. If you are a U.S. government end user, we are licensing the Boys Club Application to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Boys Club Applications are the same as the rights we grant to all others under this Agreement.
13. Third-Party PlatformsW
hen you access or use the Boys Club Properties, we may make available services from one or more third parties (“Third-Party Platforms”). The Boys Club Properties may support Third Party Platforms, including without limitation Twitter, Facebook and/or Google, to make it easier for you to sign in or create your Boys Club Rewards Account. Any use of Third Party Platforms to create and access your Boys Club Rewards Account are subject to the terms and conditions and privacy policies of such third parties (“Third Party Terms”).
14. Community Standards
By participating in the Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the Boys Club Properties, our employees, contractors or agents, or other Members. This includes communications by means of social media or other Internet posts which violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice. For the avoidance of doubt, any Member whose access is so terminated forfeits all rights to any accrued Rewards in his or her Rewards Account.
All right, title, and interest in the Program, the Boys Club Properties, and the Content belong to Boys Club or its licensors. Additionally, Boys Club shall maintain all right, title, and interest in “Boys Club,” the Boys Club logo, and any other marks, service marks, trademarks, or logos of Boys Club (“Boys Club Marks”) that are registered in the U.S. and other countries. The Boys Club Marks may not be used in connection with any product or service that is not Boys Club in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Boys Club. You shall not by any means bid on any keywords with any search engine containing “Boys Club” or anything substantially similar to “Boys Club” or any other Boys Club Mark including, without limitation Boys Club.com. You shall not mention or use Boys Club in any ad text, extensions or banner ads without the express written consent of Boys Club. All other trademarks not owned by Boys Club that are used in the Program are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Boys Club.
You agree, at your sole expense, to defend, indemnify and hold us, our parent company and its subsidiaries, our merchants, payment processors, payment card networks, financial institutions, our service providers and consultants, and our and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Program or Boys Club Properties; or (ii) your violation of this Agreement or the rights of any third-party.If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
17. Warranty Disclaimer
THE PROGRAM, CONTENT, AND THE COMPANY PROPERTIES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAM, CONTENT, OR THE Boys Club PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE PROGRAM. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS PARTNER VENDORS IN CONJUNCTION WITH THE PROGRAM.
18. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50).
19. Termination or Suspension
This Agreement is effective when accepted by you and will remain in effect until you or we terminate your membership in the Program. We may terminate this Agreement and your use of or access to the Program at any time, for any reason or no reason. Any violation of this Agreement or the rules and conditions of the Program may result in termination of your membership to the Program, your Rewards Account and/or forfeiture of pending Rewards or voiding of prior Rewards. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of any Boys Club Property. You agree that Boys Club will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the Boys Club Properties. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program. Upon any termination of your membership in the Program, your right to use and access the Program, and the Boys Club Properties, and to redeem Rewards, will terminate. Boys Club shall not be liable to you for the value of any Rewards, or any gains or losses associated with the value of the Rewards in your Rewards Account, at the time your membership is terminated. Termination will not prejudice either your or our remedies at law or in equity.
20. Governing Law & Arbitration
The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Delaware in the United States, excluding its conflicts of laws principles. However, as explained below, the agreement to arbitrate in the following paragraph is governed by United States federal law.You agree that any dispute, claim or controversy arising out of or in connection with Boys Club’s business or this Agreement or relating in any way to the Program or the Boys Club Properties shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this Agreement to arbitrate. Effective thirty (30) days after the date of last update to these Terms, any such arbitration hearing shall be heard in Phoenix, Arizona.Arbitration uses a neutral arbitrator instead of a judge or jury, and is more informal than a lawsuit in state or federal court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts.You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and Boys Club, and Boys Club waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor Boys Club can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and Boys Club further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void.You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, Boys Club will reimburse you for filing fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator.In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.
Boys Club may assign this Agreement and its rights or delegate its obligations under without your consent. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Enforcement of this Agreement is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
24. Entire Agreement; Conflicts
This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your non-termination and continued participation in the Program or use of any Boys Club Property after modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. In the event of a conflict between the terms of this Agreement and the terms of another agreement between you and the Boys Club, the terms of this Agreement shall govern unless otherwise specified herein or therein.