Terms and Conditions

Last updated: February 05, 2021
Please read these terms and conditions carefully before using Our Service.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

An Affiliate is any entity that a party controls, is controlled by, or shares common control with. “Control” means owning 50% or more of the shares, equity interests, or other voting securities used to elect directors or other managing authorities.
Country refers to: Texas, United States
Organization (referred to as either “the Organization”, “We”, “Us” or “Our” in this Agreement) refers to Katy Athletics Booster Club, P.O. Box 947, Katy, Texas 77492.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Organization regarding the use of the Service.
A Third-party Social Media Service is any service or content—such as data, information, products, or services—that a third party provides and the Service may display, include, or make available.
Website refers to Katy Athletic Booster Club, accessible from https://www.katyabc.org.
You means the individual accessing or using the Service, or the Organization, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Organization. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Organization does not permit those under 18 to use the Service.

You may access and use the Service only if you accept and comply with the Organization’s Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may include links to third-party websites or services that the Organization does not own or control.

The Organization has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You acknowledge and agree that the Organization does not take responsibility for any damage or loss—direct or indirect—that may result from your use of, or reliance on, any content, goods, or services available through those websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

If you experience damages, the Organization and its suppliers will only be liable under these Terms for what you actually paid through the Service—or $100 if you didn’t make a purchase. This is your sole and exclusive remedy.

To the fullest extent permitted by law, the Organization and its suppliers disclaim all liability for any special, incidental, indirect, or consequential damages. This includes damages for lost profits, lost data, business interruptions, personal injury, or loss of privacy resulting from your use—or inability to use—the Service, or from using third-party software or hardware with the Service. This limitation still applies even if the Organization or its suppliers knew about the possibility of such damages, and even if any stated remedy fails to achieve its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

We provide the Service to you “AS IS” and “AS AVAILABLE,” with all faults and without any warranty. To the fullest extent allowed by law, the Organization disclaims all warranties—express, implied, statutory, or otherwise. This includes any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We also disclaim any warranties that might arise from usage, trade practice, or past dealings.

The Organization does not guarantee that the Service will meet your needs, deliver specific results, or work with other software, systems, or services. We do not promise uninterrupted performance, error-free operation, or that we will fix any problems that may occur.

Warranty

The Organization and its providers do not guarantee or promise—expressly or implicitly—any of the following: (i) that the Service, including its content, materials, products, or information, will operate or be available as expected; (ii) that the Service will run without interruptions or errors; (iii) that any content or information provided through the Service will be accurate, reliable, or up to date; or (iv) that the Service, its servers, content, or emails sent by or on behalf of the Organization will be free from viruses, malware, scripts, trojan horses, worms, timebombs, or any other harmful elements.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In that case, we will apply the exclusions and limitations in this section to the fullest extent allowed by law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Organization.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You confirm and guarantee that (i) you do not reside in a country subject to a United States government embargo or designated as a “terrorist-supporting” country, and (ii) you are not on any U.S. government list of prohibited or restricted parties.

Severability

If a court finds any part of these Terms unenforceable or invalid, we will modify and interpret that provision to best achieve its original purpose under the law. All other provisions will remain fully effective.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.