Divider blue



WEBSITE TERMS OF USE

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Last Updated: November 17, 2016

This website (the “Site”) is owned and operated by Boon-Town, Inc. (“Boon-Town”, “we”, “us” and “our”). This terms of use (“Terms of Use”) is an agreement between Boon-Town and users or visitors (“you”) to the Site, regardless of how you access or use it, whether via computer, mobile device or otherwise.

By using this Site, you signify your agreement to be bound by the Terms of Use. If you do not agree to the Terms of Use or our Privacy Policy, please do not use this Site.

We may modify, revise or update the Terms of Use at any time by updating this posting. Each time you use the Site, the version of the Terms of Use then posted at that time will apply to that use, so you should check this page each time you use the Site.

Disclaimer

We make no representation that the information contained in this Site or your access to it is appropriate for you. You are responsible for compliance with local laws which apply at your point of access.

We may, at any time, and without notice or liability, change, suspend, discontinue or even terminate any aspect, or the availability, of any feature of this Site or impose limits on certain of its features, including restricting your access to all or parts of the Site. In the event of termination, you will destroy all materials you have downloaded or copied from this Site.

Ownership

The contents of this Site are owned by Boon-Town or are made available to you by Boon-Town under license from a third party. While we are allowing you access to this Site, you acknowledge that your use of that content is governed by applicable copyright, trademark or other intellectual property laws. You also agree that the contents of this Site may not be copied for commercial use or distribution, or modified or posted to other websites, without our prior consent. We do not grant any express or implied right to you to any of the content of this Site under any intellectual property laws including, without limitation, patent, copyright or trademark, or otherwise.  Your unauthorized use of the Site or the contents of this Site may violate applicable laws and we reserve all rights to pursue any remedy we may choose.

The Service

The Site provides certain fundraising promotions (the “Promotion(s)”), which provide you a chance to win unique experiences or prizes (“Grand Prize(s)”) and obtain rewards (the “Reward(s)”) by supporting a featured cause (the “Cause”) (collectively, the “Service”). You may enter a Promotion by creating an account (the “Account”) and either making a monetary donation (“Donation”) to a Cause or using Boon-Town’s free method of entry (“Free Entry”). No purchase, payment, financial contribution or donation is necessary to enter a Promotion or win a Grand Prize and any and all Promotions are void where prohibited by law. Rewards are assigned on a tiered basis and are awarded according to the dollar amount of the Donation provided. Please refer to our Official Rules and Regulations for further details.

In addition, if you are registering for or participating in a Promotion, participation is subject to our Official Rules and Regulations and any other rules and regulations applicable to such Promotion (collectively, “Rules”). In the event of a conflict between these Terms of Use and the Rules, the Rules will be given precedence.

Boon-Town reserves the right, in its sole discretion, to add, change, modify, suspend or discontinue any portion of its Service at any time. In addition, Boon-Town may impose limits on any portion of the Service in its sole discretion without notice or liability.

Causes

Charities, non-profit organizations and any other fundraising individuals or entities (“Fundraising Partners”) may partner with Boon-Town and professional athletes to raise money for a Cause.  Boon-Town relies solely on the information provided by a Fundraising Partner. We are not responsible for any misrepresentation by any Fundraising Partner.  It is your responsibility to understand how funds given to Fundraising Partners will be used.

Donations

You understand that when you make a Donation, a percentage of your Donation will be retained by Boon-Town as an administrative fee for the provision of the Service (the “Administrative Fee”).  In such event, Boon-Town will collect the Donations during the course of the Promotion and upon close of the Promotion, deduct the Administrative Fee and remit all Donations directly to the Fundraising Partner. 

Except in the event of fraud, all Donations are non-refundable. Boon-Town shall not be held liable for any damages or losses incurred by you relating to any Grand Prize won through the Service.

Please note that as your Donation entitles you to a Reward(s) and/or an entry(ies) into a draw to win a Grand Prize, the contributed amount is not eligible for a charitable tax receipt.

Account Registration

In order to participate in a Promotion, you may be required to register an Account through the Site. In such case, you will be required to choose a username and password and to provide certain personal information (“Account Information”). All personally identifiable information will be dealt with in accordance with our Privacy Policy. You agree that you will provide complete and accurate Account Information. You also agree that you will keep your Account Information up to date.  Failure to comply with any of these requirements will constitute a breach of these Terms of Use. 

You agree that you do not own your Account, and have no ownership rights to it. Boon-Town reserves the right, at our sole discretion, to cancel or deny the registration of any Account.  Boon-Town will not be liable for any loss or damages that result from the cancelling of your Account.

Site Security Rules

You are responsible for maintaining the security of your username and password of your Account.  Do not share this information with any person. You also agree to notify Boon-Town of any known unauthorized use(s) of your Account. 

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability. 

You are prohibited from posting to the Site or transmitting to or from us any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that violate any law.  

We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

Non-Solicitation Policy

The sender of any communications to the Site or otherwise to us shall be responsible for the content and information contained in such communications, including its truthfulness and accuracy.

In your communications with us or postings on the Site, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”).  We shall, however, be free to use or copy all or a portion of any Unsolicited Ideas and Materials you post on the Site or send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Unsolicited Ideas and Materials.  Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.  You should not submit any Unsolicited Ideas and Materials to us if you do not wish to assign such rights to us.

Any personally identifiable information in electronic communications to this Site is governed by our Privacy Policy.

Third Party Products

Third party services, content, information and products may be made available by us on or through the Site (“Third Party Products”). Third Party Products are provided solely for the convenience of Site users and Boon-Town makes no representations or warranties regarding any Third Party Products and takes no responsibility and assumes no liability for any Third Party Products. Third Party Products are subject to the applicable terms and policies of the third parties that offer them.

Links to and from Other Websites 

Our Site may provide links or references to websites operated by third parties. These third party websites are not governed by these Terms of Use but by other policies that may differ from these Terms of Use. In visiting any third party websites, whether linked to the Site or otherwise, you do so at your own risk and you assume all responsibility in that regard. We make no representations or warranties regarding, and do not endorse, any third party website or any content in such website. We encourage you to review the terms of use of each website visited before using those websites.

You may not place a link to the Site on another website without our prior written consent and, without limiting the foregoing, you must adhere to Boon-Town’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Boon-Town and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Boon-Town, (iii) when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and (iv) Boon-Town reserves the right to revoke our consent to the link at any time and in our sole discretion.

No Warranties / Limitation of Liability 

The Site is provided on an “as is” basis and you are using it at your own risk. We  make no representations or warranties, express or implied, about the Site or its contents including, without limitation:  any warranties as to the operation, availability or stability of the Site; any warranties as to the accuracy, completeness or timeliness of its contents; any warranties as to the merchantability or fitness of any such information or content for any particular purpose; or any warranties as to non-infringement of any rights, including, without limitation, intellectual property rights and including the transmission of any such content from the Site to you. Any implied warranties, whether statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted under applicable laws.

In accessing the Site or any other site, you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access the Site in respect of any such potential risks.

In no event will we be liable to you or any other person or entity for any kind of loss, damages or injury arising directly or indirectly out of the use of unavailability of the Site, even if we have been advised by you of the possibility of such loss, damages or injury.

Indemnity

To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless Boon-Town, its affiliates and subsidiaries, and each of their employees, officers, directors, consultants, affiliates, subsidiaries, shareholders, related entities and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or Services in breach of the Terms of Use. We shall provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.

Miscellaneous

This Site is controlled and operated by Boon-Town from its offices in the Province of Ontario, Canada. These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to rules relating to conflict of laws. Any action relating to the Terms of Use must be brought before a court of competent jurisdiction in Toronto, Ontario, Canada and you irrevocably consent to the jurisdiction of such courts. 

The Terms of Use supersede any other agreement, whether oral or in writing, and render any other agreement regarding the terms of use of the Site null and void. If any provision of the Terms of Use shall be declared unlawful, void or for any reason, unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.