TERMS AND CONDITIONS

Please read these Terms and Conditions (“Terms” and “Terms and Conditions”) carefully before using any of the Sites (as defined below) as Your access to and use of the Sites is conditioned upon Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Sites. By accessing or using the Sites You agree to be bound by these Terms. If You disagree with any part of the terms, then You do not have our permission to access the Sites and You shall immediately cease Your access to the Sites.  All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranties, disclaimers, indemnity obligations and limitations of liability.

DEFINITIONS

“Company” shall mean Valiant Management Group, LLC and/or its affiliates (individually and/or collectively, Company is also referred to herein as “us”, “we”, or “our”).

“Donation(s)” means any funds voluntarily contributed, sent, paid or otherwise provided by You to us whether or not done so in connection with purchase of Goods from us.  In no way shall the use of the term “Donation(s)” be construed by us or You to imply the tax deductibility by You of any such payments by You to us and the Company makes no warranty or representation whatsoever as to the tax deductibility of any such Donations.

“Goods” shall mean services and/or products sold and/or offered for sale on the Sites including, without limitation, any memberships offered by the Company.

“Intellectual Property” shall mean: any copyright; patent; license; contract; trademark; trade name; service name and/or mark; brand name and/or mark (including, without limitation, any logos); corporate name; internet domain name; any registrations thereof and pending applications therefor; and/or any other intellectual property rights (including, without limitation: any trade secrets; formulas and/or formulations; proprietary information; customer, client and/or membership lists; any marketing data; and any computer program, software, or database).

“Interactive Areas” means interactive activities offered on our Sites such as article and blog comment posting areas, reader photo upload, bulletin boards (also known as message boards), SMS text messaging and mobile alerts.

“Name Image and Likeness” or “NIL” shall mean a person’s name, likeness, image, biographical information, voice, nicknames, numbers, signature, logos, trademarks, trade names, voice, quotes, and/or any other element of a person included within that person’s right of publicity and/or right of privacy.  

“Sites” means any and all websites owned by, operated by and/or affiliated with the Company including, without limitation, championscircleuofm.com.

“Service” means: any and all functionality of the Sites, Squarespace and/or any other third-party credit card processing, payment and/or updating services used by us; and  any perks, benefits and/or offline aspects of any membership programs offered by us.

“User Submissions” means information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials You submit for display or distribution to others through the Sites, including any such materials that You submit through Interactive Areas.

“You” or “Your” shall refer to any person who uses the Sites or purchases Goods according to the procedures prescribed by Company, after understanding and accepting all of these Terms and Conditions and those of the Privacy Policy.

USE OF DONATIONS

Any Donations received by us from You will go toward NIL-related activities involving student-athletes in good standing with the sport(s) of Your choosing, if any, in a manner as determined in the discretion of our advisory board. This board is composed of a group of individuals who lend their time to the Company on a voluntary basis. In no way shall any of these individuals or any representatives of the Company be liable to You in any way for their exercise of this discretion or the casual or inadvertent failure to use Your Donation(s) for the sport(s) designated by You, if any. In the event that You fail to designate a specific sport for Your Donation to be used for and/or in the event that it is not commercially reasonable and/or feasible for the Company to use Your Donation(s) to support any sport(s) specified by You, You agree that the Company and its representatives shall have the discretion to use Your Donation to support an alternative sport without any notification to You and without any resulting liability to You..

TAX DEDUCTIBILITY OF CONTRIBUTIONS

Individual contributions to support our NIL offerings are not tax deductible unless we specifically indicate otherwise. While we recognize the desire for individuals to maximize tax efficiency in supporting NIL activities, the laws and IRS regulations governing the tax deductibility of contributions made to support NIL activities (even if made to a 501c(3) or other “tax exempt” organizations) are complex. Therefore, in order to ensure the tax deductibility of such contributions, the underlying NIL activity must be carefully crafted to ensure compliance with these regulations. For supporters who desire to ensure the valid tax deductibility of their contributions, we will endeavor to curate (in consultation with the donor’s tax professionals) NIL programs that dedicate those contributions to NIL activities that comply with IRS requirements for a legitimate charitable purpose.

We recognize that many NIL-related organizations across the country are making blanket claims that all contributions made to them are tax deductible because they are a 501(c)(3) or another tax-exempt organization. However, in order for contributions to an organization (even to a registered 501(c)(3)) to be tax deductible, the organization must be legitimately organized and operated to further a limited list of specific, exempt charitable purposes defined by the IRS and the funds donated must be used for such a purpose. These IRS restrictions, if adhered to, limit the nature and scope of NIL activities that can be undertaken by a legitimate charitable organization. If the underlying NIL activities of an organization do not fit within these parameters and/or the 501(c)(3) does not operate in compliance with other IRS restrictions, then contributions made to such organization may not be tax deductible. As such, You should seek advice from Your tax advisor before claiming a charitable deduction for contributions made to a 501(c)(3) or other organization whose primary purpose is to support broad NIL activity.

SUPPORTER BENEFITS

Various Goods may be provided to supporters in return for their membership contributions. The costs to obtain and ship these Goods is deducted from the proceeds generated by this website.

Goods that require shipping will be packed and shipped within two weeks of the received order unless the Goods requires a specific number of consecutive months of membership. If the Goods requires a specific number of consecutive months of membership, the Goods will be shipped within two weeks of the completion of those consecutive months of membership.

At various times and for various reasons, modifications to the Goods provided at each level of membership may need to be made. In the event modifications are made, we will attempt to substitute an item of like value or You will be able to cancel your subscription.

CANCELLATION OR RETURNS

You may cancel an order for Goods (other than any Company membership) only with the prior written consent of Company, which Company may withhold in its sole and absolute discretion. Any cancellations will be subject to payment by You to Company of reasonable cancellation charges. You may not return Goods purchased from Company (other than a Company membership). You may cancel any membership offered to you by the Company by changing Your account settings after You log into Your account.  You will be charged for any payment due or in process on or prior to the date You cancel any subscription.  

TERMINATION/SUSPENSION 

These Terms of Service are effective unless and until terminated by either You or us. You may terminate these Terms of Service at any time by notifying us that You no longer wish to use access the Sites (at which point You shall no longer be authorized to use the Sites), or when You cease using the Sites. Company may cancel, terminate or suspend Your access to the Sites in our sole and absolute discretion, without prior notice or liability, for any reason whatsoever including, without limitation, for a breach by You of these Terms. 

WARRANTIES AND DISCLAIMER OF WARRANTIES

Company offers no warranty (express or implied) or representations with respect to any Goods, services or membership offered and/or sold to You on any of the Sites, with the only such warranty being any warranty offered by any manufacturer of any such Goods.  Furthermore, You agree that, as between you and the Company, there is no implied warranty of merchantability or fitness for a particular purpose with respect to any Goods, services or memberships offered on any of the Sites.

USER SUBMISSIONS AND INTERACTIVE AREAS

To the extent our Sites provide Interactive Areas for the enjoyment of our visitors, You agree that You must be thirteen (13) years of age or older to participate in such Interactive Areas. Company may offer You the opportunity to register for participation in the Interactive Areas which may require You to select a member name and password for the Interactive Areas. Interactive Areas not conducted, operated and/or managed by the Sites may require a different registration process.

Any User Submissions or postings by visitors to certain parts of the Sites, including, without limitation, Interactive Areas, will be public and posted in public areas on our Sites. The Company, the Sites, and/or their respective parents, partners, affiliates, subsidiaries, members, directors, officers, employees and any contract or operational providers that conduct, operate and/or manage the Sites’ Interactive Areas will not be responsible with respect to any information, materials or content posted, uploaded or transmitted in these Interactive Areas. Please consider the risks of revealing Your personal information or the personal information of others in Interactive Areas as You are solely responsible for any consequences of sharing any such personal information in public areas of the Sites.

We do not claim ownership of any User Submissions. As between You and us, You own all rights to Your User Submissions. However, You grant (and confirm that You have the right to grant) to us and our sublicensees and assigns an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free and fully-paid, license throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivate works from and publicly display throughout the universe Your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that our exercise of our rights under the foregoing license shall at all times be subject to the limitations upon disclosure of Your User Submissions imposed on us under our Privacy Notice. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights (aka “droit morale”) or attributions with respect to Your User Submissions. We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes without any compensation to You and You agree, that in consideration for us granting You access and use of the Sites, we may place any such advertisements throughout our Sites. You agree: to follow the Sites’ standards of conduct and other policies; to comply with applicable local, state and/or federal law;  that You are solely responsible for all of Your User Submissions; that postings to public areas may or may not be reviewed by the Sites prior to appearing on the Sites; and that we reserve the right to refuse, modify or remove, in part or in full, any User Submissions whether posted in Interactive Areas or otherwise submitted and to terminate or suspend access to such areas in our sole and absolute discretion.

You represent and warrant that Your User Submissions and our use of such submissions do not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You are responsible for all content that You post, upload or otherwise make available through our Sites. You agree not to use the Interactive Areas or the Sites to make available any content that: is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; infringes on any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any person; contains unauthorized advertising or solicits other visitors; or is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or other materials on the Sites. You will not represent or imply to others that Your User Submissions are in any way provided, sponsored or endorsed by us. We are not responsible for any loss, theft or damage of any kind to any User Submissions and are not required to backup, host, display, or distribute any User Submissions. 

We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating Your content. When You use a feature on the Sites that allows users to share, transform, readapt, modify, or combine user content with other content, You grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license throughout the universe to use, reproduce, modify, display, perform, distribute, adapt, promote, create derivative works, and syndicate Your content in any medium and through any form of technology or distribution now known or hereafter invented or discovered and to permit any derivative works to be licensed under these same license terms. The rights granted hereinabove will survive the termination of these Terms.

The content contained on the Sites is intended for general informational, discussion, education, and/or entertainment purposes only and You shall not construe that such content is either endorsed or verified by us. Such content is provided “as is” without warranty and/or representation and any reliance by You on such materials is done solely at Your own risk.  The Sites may contain facts, views, opinions and statements of third parties, visitors and other organizations. The Sites, their parents, affiliates and subsidiaries do not represent or warrant the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Sites. You acknowledge that any reliance upon any such materials shall be at Your sole risk and You agree that the Company, the Sites and their respective parents, affiliates and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such materials displayed or distributed on our Sites.

The Sites endeavor to make their Interactive Areas enjoyable and to discourage disruptive content that incites others to violate our standards. Our Sites welcome people of all races, religions, genders, national origins, sexual orientations and differing points of view. When in doubt about appropriate behavior in our Interactive Areas, please remember that, although the venue is electronic, those participating in it are real people. We ask that You treat others with respect and we encourage Your participation in upholding our standards.  Any conduct that violates this Agreement in any way may result in the suspension or termination of the visitor’s registration and access to the Sites in our sole and absolute discretion. While our Sites may provide interactive activities, our representatives participating in these activities do not offer professional advice of any kind and are merely acting to facilitate conversation. We reserve the right to post additional, more specific guidelines and/or a code of conduct for certain Interactive Areas on the Sites which shall be deemed to be incorporated into this Agreement. To the extent there is a conflict between the rules of a specific event and this Agreement, the rules of the specific event will govern. If You see objectionable content or have any questions about this Agreement, please contact us.

PAYMENT PROCESSING

When You provide payment information, You represent and warrant that the information is accurate, that You are authorized to use the payment method provided, and that You will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.

We use the 3rd party payment platform provided by Squarespace to process credit and debit card transactions for Your account.  Any purchasing, paying or processing of payment is conducted through Squarespace. You are, therefore, agreeing to be bound by Squarespace’s Terms of Service.

You expressly understand and agree that Company shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Squarespace. You agree that Company shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Squarespace.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service. Company is not liable for loss or damage from errant or invalid transactions processed with Your account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.

You must not process stolen credit cards, or unauthorized credit cards through Squarespace and/or Your account.

INTELLECTUAL PROPERTY

The Sites and their content, features and functionality are and will remain the exclusive property of Company. The Sites are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks, copyrighted material, trade dress and/or other intellectual property may not be used in connection with any product or service without the prior written consent of Company.  You acknowledge that all agreements, contracts, processes, operations and content on the Sites are the property of Company and You shall not, nor shall you permit any third party to, distribute, publish, copy, or transmit any document or agreement without first obtaining written notice from Company.

LINKS TO OTHER WEBSITES

Our Sites may contain links to third party web sites or services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, Goods or services available on or through any such third party web sites 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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company and its parent(s), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims and/or demands, including reasonable attorneys’ fees, made by any third-party due resulting from, relating to and/or arising out of Your use and access of the Sites and/or Your breach of these Terms of Service or the documents they incorporate by reference, and/or Your violation of any law or the rights of a third-party.

LIMITATION OF LIABILITY

In no event shall Company, nor its members, managers, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: Your access to or use of or inability to access or use the Sites; any conduct or content of any third party on the Sites; any content obtained from the Sites; or unauthorized access, use or alteration of Your transmissions or content.  This limitation on liability shall apply to any and all claims, whether founded on warranty, contract, tort (including negligence) or any other legal theory, and regardless of whether or not we have been informed of the possibility of such damage.

DISCLAIMER

The Sites are provided on an “AS IS” and “AS AVAILABLE” basis and You use them at your own and sole risk. The use of the Sites are provided to You without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Neither Company nor its subsidiaries, affiliates, or its licensors warrant that: the Sites will function uninterrupted, secure or available at any particular time or location; any errors or defects will be corrected; the Sites are free of viruses or other harmful components; or the results of using the Sites will meet Your requirements.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of and/or limitation of certain warranties and/or liability for consequential or incidental damages, so the limitations above may not apply to You.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on or in respect to the Sites constitute the entire agreement and understanding between You and us and govern Your use of the Sites, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the State of Michigan without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Sites, and supersede and replace any prior agreements we might have had between us regarding the Sites.

CHANGES, ERRORS, INACCURACIES AND OMISSIONS

We reserve the right, in our sole and absolute discretion, to modify or replace these Terms at any time. If a revision is material we will provide advanced notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole and absolute discretion. By continuing to access or use our Sites after any revisions become effective, You agree to be bound by any such revised terms. If You do not agree to such new terms, You shall no longer be authorized to use the Sites. 

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Sites is inaccurate at any time without prior notice.  We shall have no liability to You whatsoever for Your use of and/or Your actions in reliance on any such erroneous information, whether or not we correct it.  Although we reserve the right to correct erroneous information contained on the Sites, we undertake no obligation to update, amend or clarify any information on the Sites, except as required by law. No specified update or refresh date on the Sites should be construed to indicate that all information on the Sites has been modified or updated.

CONTACT US

If You have any questions about these Terms, please contact us by e-mail at contact@championscircleuofm.com or by mail using the details provided below:

Champions Circle, 3784 Plaza Drive, Ann Arbor MI 48108, United States