High 5 Policies

This acceptable use policy (“Policy”) sets forth the general guidelines and acceptable and prohibited uses of the high5inc.org website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Brandon Sports and Aquatic Center, Inc. (doing business as “High 5, Inc.”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and High 5, Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Prohibited activities and uses

You may not use the Website and Services to engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:

  • Disclosing sensitive personal information about others.
  • Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
  • Threatening harm to persons or property or otherwise harassing behavior.
  • Infringing the intellectual property or other proprietary rights of others.
  • Facilitating, aiding, or encouraging any of the above activities through the Website and Services.

System abuse

Any User in violation of the Website and Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

  • Use or distribution of tools designed for compromising security of the Website and Services.
  • Intentionally or negligently transmitting files containing a computer virus or corrupted data.
  • Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
  • Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.

Service resources

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by High 5, Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with High 5, Inc. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of High 5, Inc. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of High 5, Inc. or third party trademarks.

Enforcement

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

  • Suspending or terminating your Service with or without notice upon any violation of this Policy.
  • Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the Website and Services, as determined by us in our sole discretion.
  • Reporting violations to law enforcement as determined by us in our sole discretion.

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Website and Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

Reporting violations

If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.

Changes and amendments

We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

memberservices@high5inc.org

This document was last updated on June 14, 2022

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Membership Cancellation and Refund Policies

Last Updated: May 11, 2022

High 5, Inc. does not impose annual contracts on our members, and members are free to cancel their membership at any time. Written notice is required to cancel a membership. Members must submit a cancellation request in writing prior to their next draft date.

  1. All High 5, Inc. memberships are prepaid and are month to month. Memberships in good standing automatically renew at the end of the 30-day membership cycle on the 1st of each month.
  2. The membership cycle begins the day the member joins. The membership auto renews every 1st of each month provided the member is in good standing and does not owe a balance.
  3. Memberships do not automatically cancel due to inactivity. Members must provide written notice to stop their membership from automatically renewing. Written notification is the ONLY manner in which a membership may be cancelled.
  4. It is the responsibility of the member to bring any billing discrepancies to High 5, Inc.’s attention within 60 days after they first appear on financial statements. After 60 days, the member’s right to dispute any discrepancies is waived.

Member Initiated Cancellations

  • Members who wish to cancel their membership must do so in writing a minimum of 7 days prior to the end of the month. The cancellation will be processed prior to their next draft and the membership will remain active through what the member has paid. High 5 does not prorate remaining monthly membership value.
  • Members must have an active membership through the end of any registered programs to receive facility, program and/or member pricing.

High 5, Inc. Initiated Cancellations

  • When High 5, Inc. staff terminate a membership that is expected to automatically renew for reasons such as member behavior, staff error, or another circumstance, refunds are issued back to the original payment method. If the original payment method is no longer active or was in the form of a check, cash or ECT payment, the refund will be processed as a check to be mailed to the member’s address in the system.