USER AGREEMENT This Agreement sets out the terms and conditions (“Terms”) relating to the membership services (“Services”) and online content provided free of charge and Services and content subject to payment (“Free and Paid-for Content and Services and Services and Services”) that the National Leadership Society of First Generation College Students, a.k.a. FirstGen Society will provide to you (“the User” or “Member”), including content, membership, services, benefits, payment, and other related components. The User or Member should therefore read these Terms. The purpose of this Agreement is to regulate the relationship between the User or Member and FirstGen Society and to ensure that the User or Member understands what it can expect of FirstGen Society.
Acceptance of Terms:
By accessing and using the tools and features of www.firstgensociety.org (“the Site”), included but not limited to the use of the member area and its Services, the User or Member agrees to the terms and conditions (“Terms)” below, whether the User is a visitor of the Site or a Member. If the User or Member uses the Site in the course of business, the User or Member is also agreeing to these terms and conditions on behalf of that business. If the User or Member does not agree with the terms and conditions (or the User is not authorized to do so) the User or Member should not use the Site.
By accepting these Terms, the User or Member represents that they have the capacity to enter into this Agreement, or, if acting on behalf of a separate legal entity, that they have the authority to bind such entity. FirstGen Society reserves the right to modify these Terms from time to time and with or without notice. The User or Member acknowledges and agrees that it is the User’s or Member’s responsibility to periodically review the Site and these Terms. The User’s continued use of the Site and the Services after any such modifications will constitute their acknowledgement and acceptance of the modified Terms.
By accessing or using any of the Services, the Member agrees to be bound and abide by this agreement and any amendments thereto. If the Member does not agree to these Terms, the Member should immediately cease use of their membership, Site use, and any of the Services provided by FirstGen Society by contacting us at [email protected] and request termination of their membership.
Membership Services and Fees:
FirstGen Society shall provide Free and Paid-for Content and Services and Services and Services. This includes chapter and clubs and its activities, in-person and online content and events (for example, webinars, speaker events, annual conference, newsletters, etc. FirstGen Society reserves the right to vary the Free and Paid-for Content and Services and Services and does not guarantee that the content provided free of charge (“Free Content”) will remain free of charge and does not guarantee that the content provided subject to payment (“Paid-for Content”) will remain a paid-for service.
The User or Member shall agree to pay any membership and/or chapter or club fees (“Dues”) at rates in effect when the charges are incurred. The User or Member must provide FirstGen Society with complete and accurate payment information. The User or Member can pay using a credit or debit card or by setting up a standing order. By submitting credit or debit card details to FirstGen Society, the User or Member warrants that they are entitled to purchase the Paid-for Content and Services and Services and Services using those payment details. In the event of an unauthorized payment FirstGen Society reserves the right to suspend or terminate the User’s or Member’s access to the Site and Paid-for Content and Services and Services and Services. If no payment authorization is received or payment authorization is subsequently cancelled, FirstGen Society may immediately terminate or suspend access to any Paid-for Content and Services and/or the Site. FirstGen Society will try to process the User’s or Member’s request for any Paid-for Content and Services and promptly but does not guarantee that the Paid-for Content and Services will be available to the User or Member by any specified time. A contract with the User or Member for a Paid-for Content and Services will come into effect when the Username and Password are issued to the User or Member. The User or Member having paid the Dues for a membership for the supply of Paid-for Content and Services for a defined period the User or Member will have no right of cancellation for the supply of the Paid-for Content and Services other than the right to cancel their membership for Paid-for Content and Services. This does not affect the User’s or Member’s statutory rights.
Registration, Passwords and Privacy:
Limitations on Use of the Site:
All content and services provided by FirstGen Society belongs to FirstGen Society [or is licensed to FirstGen Society by licensors including SubHub Limited]. FirstGen Society [or its licensors, including SubHub Limited] owns all the intellectual property rights in the content and services. The content and services provided are solely for the personal use of the User, Member, or the chapters and clubs of FirstGen Society. The User, Member, or FirstGen Society’s chapters and clubs shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement. The User, Member, or FirstGen Society’s chapters and clubs shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. The User, Member, or FirstGen Society’s chapters and clubs shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by FirstGen Society or its licensors including SubHub Limited or otherwise relating to the Site.
Limitation of Liability and Indemnity:
The User or Member expressly agrees that the use of, and browsing of the Site is at the User’s or Member’s own risk. Neither FirstGen Society nor any other party involved in creating, producing or delivering the Site, including SubHub Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if FirstGen Society has been advised of the possibility of such damages.
The User or Member expressly agrees that the downloading of any material form the Site is at the User’s or Member’s own risk. Neither FirstGen Society nor any other party involved in creating, producing or delivering the Site, including SubHub Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User or Member downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if FirstGen Society has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to the User or Member “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User or Member. The User or Member must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties. While FirstGen Society will use reasonable efforts to include accurate and up to date information on the Site, FirstGen Society makes no warranties or representations as to its accuracy or completeness. FirstGen Society is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by FirstGen Society or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users or Members in making (or refraining from making) any decisions based on such information. The User or Member must make his or her own decisions on whether or not to rely on any information posted on the Site. FirstGen Society reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site. No party [other than FirstGen Society] who is involved in the workings of the Site, including SubHub Limited, will at any time be liable or responsible in any way for the content, including Paid-for Content and Services, and information provided on or via the Site and for the User’s or Member’s use of the Site. From time to time FirstGen Society will make available to the User or Member links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by FirstGen Society and the User or Member agrees that FirstGen Society shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User or Member may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User or Member and any third party named on FirstGen Society’s Site are at the User’s or Member’s sole risk and responsibility and FirstGen Society expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
The User or Member agrees to indemnify, keep indemnified, defend and hold FirstGen Society and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, including SubHub Limited, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s or Member’s use of, connection with or conduct on the Site or any breach by the User or Member of these terms. FirstGen Society or SubHub Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User or Member, and in such case, the User or Member agrees to co-operate with the defense of such claim.
Consequences of Breach of these Terms:
In the event that FirstGen Society or SubHub Limited considers or determines, in their complete discretion, that the User or Member has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to: (a) warn the User or Member that they have violated the Agreement and ask the User or Member to discontinue such conduct; (b) discontinue the User’s or Member’s membership of the site and/or any other related services, including Paid-for Content and Services; and (c) take measures (including terminating, suspending or restricting the User’s or Member’s use of the Site) to prevent the User or Member from using the Site or linking to the Site.
Third Parties Services:
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement, except in relation to the rights of SubHub Limited.
Third party advertisers:
FirstGen Society may allow third party advertisers or Partners to advertise on the Site. FirstGen Society takes no responsibility for you dealings with, including any online or other purchases from, any third party advertisers. FirstGen Society shall not be liable for any loss or damage the User or Member may incur in their dealings with third party advertisers.
Proper Law and Jurisdiction:
This Agreement and all matters arising from it shall be governed by and construed according to the laws of England and Wales and shall be subject to the [exclusive] jurisdiction of the courts of England and Wales.
This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User or Member confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
Termination of Membership or Website Use:
The Member may terminate their membership at any time, for any reason, by submitting a written notice to FirstGen Society. FirstGen Society may terminate a Member’s membership, account, and access to our Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. Upon termination of this Agreement for any reason the Member shall immediately cease all use of the Services and Site and will not be entitled to a refund of any funds paid in the event this Agreement is terminated.
Membership Refund Policy:
If the Member wishes to cancel their membership, the Member must submit a refund request in writing to [email protected] or through our Contact Us page. FirstGen Society's refund policy is a full refund of membership within 30 days of the initial payment. Though not required, we strongly ask the Member to include the reason(s) for terminating their membership in their written request so that we can better identify areas of improvement with the member experience. After the 30 days of the initial payment, the refund period expires and the eligibility window to request a refund will close.
Product Refund Policy:
As it relates to purchases made from our FirstGen Society Store, if for any reason the User or Member is not completely satisfied, they may exchange, replace, or credit their purchase within 30 days of purchase, provided that the items are returned in unused and new condition. To return the item(s), the User or Member must place the item(s) in the original packaging and ship it to our return address below using their carrier of choice. Please note that FirstGen Society does not refund shipping expenses as shipping expenses for returned items are the responsibility of the sender. Once we receive the returned package(s), we will promptly process the User’s or Member’s return. We recognize that returns are important to our members. If the User or Member has any questions regarding our return policy please contact us at [email protected].
Our return address is:
National Leadership Society of First Generation College Students
17460 I-35 N STE 430 # 174
Schertz, TX 78154
Credit Card and Check Payment Refunds:
Credit card payments will be refunded to the credit card originally charged. A check will be issued if the original credit card is no longer valid. No cash refunds for credit card payments.
Refund checks will be mailed directly to the address provided in the online membership form.
For credit card refunds, please allow one billing cycle to see this credit to your account. Billing cycles depend on your bank or credit card company.
Please contact your bank or credit card company for further information.
Member Profile Privacy:
In accordance with our privacy protection policy, FirstGen Society members have: