Welcome to the Flushing Athletic Boosters website (the "Site"). By using this Site and services (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, "Flushing Athletic Boosters," "we," or "us"), you are agreeing to these legally binding rules (the "Terms"). You’re also agreeing to our Privacy & Security and agreeing to follow any other rules on the Site.
We may amend these terms and policies from time to time. If you keep using this Site after a change, you accept the new terms.
This site is for your personal, non-commercial use only. You may not modify, copy, distribute, display, reproduce, publish, license, create derivative works from, sell, or transfer information, products, or Services obtained from this site unless the law otherwise provides or the Flushing Athletic Boosters gives you prior written permission.
You may not use this Site or any of its content for any purpose that is unlawful or to solicit the performance of any illegal activity or other activity that infringes upon the rights of the Flushing Athletic Boosters or others.
This Site may contain links to other websites. When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Flushing Athletic Boosters partners with other companies (such Stripe ) for payment processing. when you purchase items or services,make donations, or complete a monitory transaction of any kind, you’re also agreeing to the payment processor’s terms of service.
The Flushing Athletic Boosters reserve the rights to:
The Flushing Athletic Boosters is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
The Flushing Athletic Boosters does not promise that this Site or any content, Service, or feature of the website will be error-free or uninterrupted. Information is provided to you "as is" and "as available" and without warranty of any kind , express or implied.
Flushing Athletic Boosters specifically disclaims any and all warranties and conditions of merchantability, non-infringement, and fitness for a particular purpose, and any warranties implied by any course of dealing, course of performance, or usage of trade. No advice or information (oral or written) obtained by you from the Flushing Athletic Boosters shall create any warranty.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of this Site or Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
To the fullest extent permitted by law, in no event will the Flushing Athletic BOosters, its directors, members, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall the Flushing Athletic Booster's liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
We at the Flushing Athletic Boosters encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Michigan and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Site and its Services are deemed a passive website that does not give rise to jurisdiction over The Flushing Athletic Boosters or its affiliates, assigns, members, agents, directors, or officers, either specific or general, in any jurisdiction other than the State of Michigan. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Site, shall be filed only in the state or federal courts located in Genesee County in the State of Michigan, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.