Terms of Service
Last Updated: August 5, 2023
We like to keep things simple around here and in short, we do not require a long-term contract or agreement, we do not require you to exclusively use our platform. If you at any time become unhappy with our platform or service, settle your tab and stop using the service, it really is that simple, but lawyers really like long-winded paragraphs so here is the long way of saying all of this.
TERMS OF SERVICE
Subject to these Terms of Service, as amended from time to time (“Terms of Service”), 8114 Ventures, LLC provides the SPONSOR JAWN platform to your organization through its website at www.sponsorjawn.com. The Organizer (as defined below), Organization (as defined below) collectively referred to herein as a “User” located in the United States, you are contracting with 8114 Ventures, LLC 3018 Sheffield Drive, Plymouth Meeting, PA 19462, United States. For purposes of the following Terms of Service, “Sponsor Jawn,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.
Sponsor Jawn has the goal of making your Organization the most successful it can be and provides information from time to time to Your Organization via its volunteers. None of the information provided by Sponsor Jawn to any party in any way is considered professional advice, general advice, or consulting. For Avoidance of doubt – Sponsor Jawn does not offer legal or financial advice and your Organization should consult with your professional legal or financial counsel before acting on any implementing actions based on the information provided by Sponsor Jawn. For further avoidance of doubt, Your Organization has no obligation to follow or listen to or implement any change for any reason on any topic based on any “information” given while using interacting with Sponsor Jawn. This information could include and is not limited to topics such as program design, pricing, suggested discounts, suggested interactions with sponsors or potential sponsors, and recognition of sponsors.
Sponsor Jawn maintains a database of contacts for possible sponsors that is shared across all its participating Organizations. Your Organization will have the benefit of sending emails out via our network and database contact list. Other Organizations will also have the same access to the same database. Your Organization can choose to voluntarily provide names and email addresses of contacts you would like solicited on your behalf. No Organization has any right to view, learn of, or take ownership over any data in the Sponsor Jawn Database and your Organization will not be granted access or provided information about possible sponsors at any time. Only when a sponsorship is purchased via the Sponsor Jawn network will your Organization be provided the information for the Sponsor via the separate invoicing system. Your Organization should be aware, cross solicitation does occur for all contacts in the database, and all sponsors who purchase through the platform are added to the solicitation database, this will include any sponsor whom you personally direct to use the platform or provided to Sponsor Jawn to solicit on your behalf and were not previously in the database before you directed them there. Sponsor Jawn cannot and will not silo off or offer any level of exclusivity to an individual Organization.
Information Technology Stack:
Sponsor Jawn purchases and uses information technology platforms from several different companies. Once an Organization is live on the platform, we are happy to disclose what programs we are using in the backend of our platform. Sponsor Jawn has the right to switch any or all components of technology without warning or notice to any Organization as it sees fit. Sponsor Jawn has no control over the third-party platforms it provides to your Organization and cannot guarantee any specified uptime, functionality, or content provided on such platforms for any system.
Selling Off Platform:
It is recommended to sell all sponsorships through the Sponsor Jawn network as the whole purpose of the network is to simplify the process for your volunteers. For the avoidance of doubt, Your Organization is free to sell sponsorships any way it chooses and is not required to use this platform for any reason unless it so chooses. However, the use of this platform constitutes your acceptance of these terms as written and published on our website at the time of the transaction. Your Organization is not permitted to create invoices in the invoice system and cannot do so for any item sold off the platform. Your Organization cannot benefit from discounted rates with our vendors for any item not purchased through the platform.
Sponsor Jawn negotiates bulk pricing with third-party suppliers on behalf of all our member organizations. Your Organization is not required to use any of our vendors, and we are happy to work with the vendor(s) of your choosing. Your Organization is not entitled to receive discounted pricing directly from our Supplier(s) for any item not ordered through the platform. For any item ordered through our vendors on the Platform, your Organization is responsible for the purchase price of the supplies (banners, uniform, etc.) at the time of purchase, regardless of payment from the Sponsor. Sponsor Jawn cannot be responsible for the failure of payment by Sponsor and will not assume any liability for the amount owed to Vendor.
Sponsor Jawn from time to time does change its prices. No price is guaranteed until Your Organization is live on the platform and prices can change without notice. If a price change occurs while your Organization is live on the platform, you will be notified via email of the change and your price change will go into effect on the date of your next annual fee invoice renewal and will be valid for the annual fee and any sponsorships sold or renewed via the platform after the annual fee renewal invoice date. Your Organization will have the option to cancel its use of this platform if upon notice you do not agree with the new price in accordance with the Termination section of these terms and conditions.
Compliance With Local Laws and Taxes:
The Organization shall be responsible to ensure full compliance for any sponsorship offered in accordance with the appropriate local ordinance requirements, if any, and the safety and convenience of the Organization’s participants.
The Organization is responsible to determine what, if any, taxes apply to the Sponsorships you receive through your use of the Platform. It is solely your responsibility to assess, collect, report, or remit the correct tax, if any, to the appropriate tax authority.
Indemnity and Release:
You agree to release, indemnify on demand, and hold 8114 Ventures, LLC and its affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that 8114 Ventures, LLC has the right to conduct its own defense of any claims at its own discretion and that you will indemnify 8114 Ventures, LLC for the costs of its defense (including, but not limited to attorney’s fees). If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
Disclaimer of Warranties:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 8114 VENTURES, LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8114 VENTURES, LLC AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT: (I) THE SERVICES OFFERED ON THIS PLATFORM WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 8114 VENTURES, LLC NOR ITS AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS;, (III) DAMAGES FOR LOSS OF GOODWILL;, (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF 8114 VENTURES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 8114 VENTURES, LLC’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID 8114 VENTURES, LLC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (USD$ 100).
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SERVICES.
These Terms and Conditions shall constitute the entire Agreement between the parties and can be modified by Sponsor Jawn at any time and are enforceable from the publish date. Use of our Platforms constitutes consent to these Terms and Conditions as stated and published, we will always post the date they were last updated. Your Organization can cancel this Agreement in full by emailing us at firstname.lastname@example.org at any time. Sponsor Jawn can cancel this Agreement with your Organization at any time for any reason by emailing the main point of contact for your Organization as provided on the registration form. Upon notice via email, your account on the platform will be removed from the website and your Organization will be responsible for paying any charges outstanding for services consumed on the platform prior to the cancelation notice. Upon termination by either party, your Organization will be provided a report with the contact information of the current active sponsors for your Organization when requested in writing. You still have no rights to and will not be granted any information on potential sponsors as contained in our database. Your Organization will incur no further charges from our platform. For the avoidance of doubt, cancelation and ease of use will be the only recourse for either party in relation to a breach or failure to comply with any terms and conditions stated herein.