Refund and Returns Policy

Terms and Conditions

Last Updated: April 18, 2023

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the ATRAINFORYOUTH.COM website (the “Site”) operated by A-TRAIN FOR YOUTH 501c3 (“A Train For Youth”, “us”, “we”, or “our”).

Your access to and use of the Site 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 Site. By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Site.

1. Donations and Payments

All donations, athlete registrations, event ticket sales, and merchandise purchases made on the Site are final and non-refundable, except as specified in our Return and Refund Policy (Section 6) or as required by applicable law. By making a donation or payment, you represent and warrant that the payment information you provide is accurate and complete and that you have the legal authority to use the payment method provided.

2. Intellectual Property

The Site and its original content, features, and functionality are and will remain the exclusive property of A Train For Youth and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

3. Links to Other Websites

Our Site may contain links to third-party websites or services that are not owned or controlled by A Train For Youth. A Train For Youth has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that A Train For Youth shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

4. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

5. Indemnification

You agree to defend, indemnify, and hold harmless A Train For Youth and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site, or b) a breach of these Terms.

6. Return and Refund Policy

Due to the nature of donations and payments made to a non-profit organization, all donations, athlete registrations, event ticket sales, and merchandise purchases made on the Site are generally non-refundable. However, under certain exceptional circumstances, we may, at our sole discretion, consider refund requests on a case-by-case basis. If you believe you have a valid reason for requesting a refund, please contact us at: alex@atrainforyouth.com within 30 days of the transaction.

7. Limitation of Liability

In no event shall A Train For Youth, nor its 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 (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

8. Disclaimer

Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided 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.

A Train For Youth, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Utah, United States, 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 Site and supersede and replace any prior agreements we might have had between us regarding the Site.

10. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

11. Contact Us

If you have any questions about these Terms, please contact us at:

A-TRAIN FOR YOUTH 501c3

Address: 1352 E 4500 S Salt Lake City, UT 84117 United States

Email: alex@atrainforyouth.com

12. User Conduct

By accessing and using our Site, you agree not to:

a) Use the Site for any unlawful purpose or in violation of any applicable laws or regulations. b) Upload, post, or transmit any content that is defamatory, obscene, offensive, or otherwise objectionable. c) Engage in any activity that interferes with, disrupts, or impairs the normal functioning of the Site, including, but not limited to, introducing viruses, worms, or other malicious software. d) Attempt to gain unauthorized access to, or compromise the security of, the Site or any associated systems, networks, or data. e) Harvest, scrape, or collect any information or data from the Site without our express written consent. f) Use the Site to transmit, distribute, or promote unsolicited advertising or promotional material (spam). g) Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

We reserve the right, at our sole discretion, to take any actions we deem necessary, including suspending or terminating your access to the Site, in response to any violations of these User Conduct provisions.

13. Site Availability

While we strive to ensure that the Site is available and accessible at all times, we cannot guarantee uninterrupted access to the Site. We may, from time to time, need to perform maintenance, updates, or other work that may temporarily affect the availability of the Site. We will make reasonable efforts to minimize any disruption to your access to the Site and to restore full access as quickly as possible.

14. Third-Party Content and Services

The Site may contain content, services, or other materials provided by third parties. Your use of any third-party content or services is at your own risk, and we cannot be held responsible for any issues or damages that may arise from your use of such content or services. We encourage you to review the terms and conditions, privacy policies, and other relevant information for any third-party content or services you choose to use.

15. Sever ability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remainder of the provisions will remain in full force and effect, and the unenforceable or invalid provision will be deemed modified to the minimum extent necessary to make it valid and enforceable while maintaining the original intent of the provisions.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and A Train For Youth with respect to your use of the Site and supersede any prior agreements, understandings, or representations, whether written or oral, relating to the Site. No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of A Train For Youth.

If you have any questions or concerns regarding these Terms and Conditions, please contact us at:

A-TRAIN FOR YOUTH 501c3 1352 E 4500 S Salt Lake City, UT 84117 United States Email: alex@atrainforyouth.com

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support@atrainfoundation.com

1352 E. 4500 S.

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