MEMBERSHIP TERMS AND CONDITIONS
These terms and conditions (this "Agreement") govern the Parent Booster USA, Inc. (PBUSA) membership program. PBUSA membership provides school support organizations (PTOs, athletic, music and other booster clubs) registration of tax-exempt status with the Internal Revenue Service (IRS), and information to help these types of organizations comply with rules and regulations that govern them. By applying for, and accepting membership in PBUSA, your organization agrees to abide by the PBUSA Terms and Conditions, as amended from time to time.
PBUSA membership provides:
- Registration of your organization with the IRS under the terms and conditions the IRS provides for parent organizations under an IRS tax-exempt group letter ruling;
- Access to all member-only information and services provided on PBUSA’s website located at www.parentbooster.org.
With the exception of IRS registration for your organization, PBUSA may terminate any or all of the other benefits available under PBUSA membership at any time, with or without notice.
Membership and fees
- PBUSA memberships are available only to eligible school support organizations as provided in the Elgibility Checklist on PBUSA’s website for individual use only and are non-transferable.
- Members are expected to submit and maintain accurate and current information in connection with their memberships. Contact information should be updated by members online via the PBUSA website. PBUSA does not any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected due to the failure of members to update their contact information.
- The membership joining/registration fee, currently $195, provides registration of the organization with the IRS as a nonprofit, 501(c)(3) tax-exempt school support organization under PBUSA’s IRS group letter ruling. The membership joining/registration fee may be changed at any time but will apply only to new membership. Members who cancel their membership during the first thirty (30) days of their initial membership term may request a full refund of the joining fee.
- Membership renewal dues, currently $95, are required beginning the 1st of January after the joining date, and each January 1st thereafter. The membership renewal dues may be changed at any time upon thirty (30) days written notice.
Members may terminate their membership at any time by notifying PBUSA by email to email@example.com. Members should terminate their membership if they apply for stand-alone 501(c)(3) status with the IRS. Members who cancel their membership within the first thirty (30) days may request a full refund of the joining/registration fee.
PBUSA may automatically terminate the membership of any member who:
- Fails to timely pay renewal dues or any other fees owed to PBUSA;
- Is or becomes ineligible for tax-exempt status under PBUSA’s IRS group letter ruling;
- Fails to comply with local, state or federal laws and regulations relating to school support organizations; or,
- Engages in any act or activity that would damage the good will or best interests of PBUSA.
PBUSA will provide notice to members if their membership is terminated and provide members a reasonable time to respond and correct the deficiency and thereby retain their membership.
Members who are terminated for any reason must reapply for membership and pay the joining/registration fee then in effect.
Disclaimers; Limitation of Liability
USE OF PBUSA MEMBERSHIPAND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
PARENT BOOSTER USA, INC. AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "MEMBERSHIP PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) PBUSA MEMBERSHIPWILL MEET YOUR REQUIREMENTS, (ii) PBUSA MEMBERSHIPWILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF PBUSA MEMBERSHIPWILL MEET YOUR EXPECTATIONS.
MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PBUSA MEMBERSHIP OR ANY BENEFITS THEREOF; (ii) 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 VIA THE USE THE BARNES & NOBLE MEMBER PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PBUSA MEMBERSHIPDATA; OR (iv) ANY OTHER MATTER RELATING TO THE BARNES & NOBLE MEMBER PROGRAM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to conflict of law principles.
Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or PBUSA membership shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Parent Booster USA, Inc. from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).
This Agreement, including all documents referenced herein, represents the entire understanding between us and any PBUSA member with respect to PBUSA membership and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of a PBUSA membership is deemed to have accepted the terms and conditions of this Agreement.
Changes to This Agreement
We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on our website located at www.parentbooster.org. Any change shall take effect immediately, unless otherwise provided. You may view the current version of this Agreement at any time online at www.parentbooster.org.
This Agreement was last modified on 31 August 2011.