Terms Of Service

Revised August 2025

Acceptance of Terms
By accessing or using the Website of KABOOM! (“KABOOM!,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree and/or you do not comply with these Terms, you may not use the Website.

Please read these Terms carefully because they explain important information about your use of our Website. By using our Website, you agree to be bound by these Terms (including mandatory arbitration of disputes between us, instead of class actions or jury trials) and our Privacy Policy.

Description of Website
“Website” encompasses KABOOM!’s website and all of its content and policies, any modifications, updates, enhancements, revisions, new features, and/or addition of any new web properties. KABOOM! reserves the right to make any Website changes at any time without prior notice.

Privacy
Our Privacy Policy explains what information may be collected through the Website, how that information may be used and/or shared with others, how we safeguard that information, and how you may access or control its use in connection with our marketing communications and business activities.

Your Account
Account. You may need to create an account to login and use all or part of our Website. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify us immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

Account Termination. We reserve the right to terminate your account with us for any reason, at any time, at our sole discretion. For example, we may suspend or terminate your account if we suspect you do not meet the eligibility requirements, become aware of any suspicious activity, or we believe the use of your account violates these Terms or any applicable law. We may require you to verify your eligibility at any time. You acknowledge and agree that you will provide such information upon our request in order to continue to use your KABOOM! account.

Account Deletion. You may delete your account at any time. You can do this contacting us as at [email protected].

Intellectual Property
Ownership of the Website and Website Content. All content on the Website, including text, graphics, photographs, images, screen shots, trademarks, logos, product and program names, slogans, software, documentation, articles, audio and video, digitally downloadable files, all other materials on the Website, and the compilation of the foregoing (“Website Content”), is the property of KABOOM! or its licensors and is protected by trademark, copyright, rights of privacy and publicity and other applicable intellectual property laws. KABOOM! retains all rights it holds in its Website Content. You may not reproduce, distribute, modify, or use our content without prior written permission.

Trademarks. The names, titles, trademarks, service marks, logos, or other distinctive brand features that appear on this Website are registered and unregistered marks of KABOOM! (“Trademarks”). You may not use such Trademarks without KABOOM!’s prior, written permission.

The trademarks of third parties may also appear on this Website from time to time; you may not use these trademarks without prior, written permission of their respective owners.

License. Unless otherwise expressly stated in writing by us, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use the Website for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to our Website and/or Website Content or any of the Trademarks by accessing or otherwise using our Website. The license granted to you herein may be terminated by KABOOM! at any time, in its sole discretion. All rights not expressly granted in these Terms are hereby expressly reserved by KABOOM!.

You will agree not to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying our Website Content. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our Website Content displayed on our Website, and you will not reproduce, modify, adapt, prepare derivative works from, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any of our Website Content without the written permission of KABOOM!.

Use of the Website
Any use of Website Content not expressly permitted by these Terms, is strictly prohibited. By downloading, printing, or otherwise using Website Content, whether accessed directly from this Website or via other sites or mechanisms, you agree and represent and warrant that you will not use the content in any way other than as expressly permitted in these Terms. You may use our Website for lawful purposes only.

Further, by using this Website, you agree not to:

• Copy, download, display or use any Website Consent for any purpose in connection with products, services, activities, entities or other uses that are not those of, or sponsored or approved in writing by, KABOOM!, in any other manner that is likely to cause confusion among consumers, disparage or discredit KABOOM! and/or its licensors, dilute the strength of KABOOM! or its licensors’ intellectual property, or otherwise infringe or harm the KABOOM! or its licensors’ intellectual property rights;
• Use any electronic communication feature of this Website for any purpose that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;
• Violate any applicable laws or regulations;
• Use the Website for fraudulent, harmful, or unlawful activities;
• Interfere with Website security or attempt unauthorized access;
• Engage in data mining, scraping, or other unauthorized data collection.

Anyone wishing to use any Website Content for commercial use, publication, or any purpose other than as expressly permitted by these Terms, must request and receive prior written permission from KABOOM!. Such requests should be sent by e-mail to [email protected].

Donor Terms
As a 501(c)(3) nonprofit organization, KABOOM! relies on the generosity of our donors to fulfill our mission.

A donor may make Donations to KABOOM! through our Website (including donation links), other electronic transfers, by mail, over the phone with our representatives, at an event, or otherwise in person, and in doing so, you hereby agree that those Donations and any information shared in connection therewith are governed by these terms (“Donor Terms”) and the terms of any third-party provider collecting the Donation and related information on behalf of KABOOM!. We reserve the right to modify these terms at any time without notice to you. If you make a Donation to KABOOM! after the modified Donor Terms have been posted, your Donation acts as your acceptance of the modified Donor Terms.

Donation Refunds. Donations (including any sales, purchases, or services) are non-refundable. All products or services you may receive are considered gifts for your donation level. Donations are automatically applied to our operating budget and go directly toward fulfilling our mission.

Donor Privacy. The information that you share with KABOOM! in connection with your Donation will not be shared publicly and will be used solely in accordance with these Donor Terms, our Terms of Service, and our Privacy Policy, unless you have given your permission to share it. KABOOM! keeps a record of each donor’s giving history for IRS purposes, to analyze giving patterns, make budget projections, and solicit future donations. We do not share our donor records with any other party or organization except for those purposes.

No Warranties
OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS WE PROVIDE IT TO YOU WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. THAT INCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES OR LEGAL THEORIES SHALL KABOOM!, ITS LICENSORS, OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM YOUR USE OR INABILITY TO USE THE WEBSITE; UNAUTHORIZED ACCESS TO YOUR DATA; ANY CONTENT ERRORS, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY KABOOM! OR EVENTS BEYOND KABOOM!’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEBSITE’S RECORDS, PROGRAMS, OR SERVICES.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, A NEGLIGENT OR GROSS NEGLIGENT ACT, GROSS OR WILLFUL MISCONDUCT, WILL KABOOM! OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF KABOOM! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify and hold harmless KABOOM! from any claims, damages, liabilities, and expenses, including reasonable attorneys’ fees and costs, arising from your use of the Website or violation of these Terms.

Arbitration Agreement
READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.

As used in this Arbitration provision and the subsequent Class Action Waiver provision, “You” and “Your” includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, and assigns.

This Arbitration Agreement is intended to be broadly interpreted. It applies to any and all claims, disputes, or controversies of any nature whatsoever that You may raise against KABOOM!, whether in contract, tort or otherwise, including but not limited to statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims arising out of, relating to, or in connection with: this Website, Website Content, and these Terms (including any claims relating to the validity, scope, interpretation, breach or enforceability of these Terms) (all of which are collectively referred to herein as “Claims”).

You agree that you will assert any Claim against KABOOM! by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. To the extent there is any inconsistency between the terms of this Arbitration provision and the AAA Rules the provisions of this provision shall apply. The AAA Rules, forms and information are available online at www.adr.org, or can be obtained by calling the AAA at 1-800-778-7879. Unless KABOOM! and You agree otherwise, any arbitration hearing(s) will take place in New York, New York.

In the event that any provision of this Arbitration provision or the Class Action Waiver provision is found to be invalid or unenforceable in a particular case or jurisdiction, that provision will be severable in that case or jurisdiction, as the case may be, without affecting the validity and enforceability of the remaining provisions of the Website, and shall not affect the validity and enforceability of the Terms in other cases and jurisdictions.

In the event that You intend to commence an arbitration or a court proceeding, You must first notify KABOOM! by contacting [email protected] (“Notice”) and attempt to resolve Your Claim. If You and KABOOM! do not reach an agreement to resolve Your Claim within 30 days after Notice has been provided, either party may commence an arbitration proceeding in accordance with this Agreement.

Class Action Waiver
READ THE FOLLOWING CLASS ACTION WAIVER AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS.

EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, WHETHER BEFORE AN ARBITRATOR OR IN COURT, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. You expressly waive any right you may have to bring or participate in a Claim as a class, collective or representative proceeding in court or before an arbitrator against KABOOM!. Further, unless both You and We agree in writing, the arbitrator may not consolidate Your claim with another person’s claim, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding anything herein, either party may bring an individual action in small claims court for disputes within that court’s jurisdiction.

Third-Party Websites, Services, and Other Content
This Website may hyperlink to the websites and other content of third-parties, including but not limited to, organizations, companies, governments and individuals, and their products, services, information, resources, offers, solicitations, nominations, contests, publications, videos or to the services, websites, applications, software, and other content from third-party providers such as KABOOM! partners and social media partners (“Third-Party Services”). Such hyperlinks are provided solely as a service to users. Third-Party Services made available by such third-parties are not maintained by or related to KABOOM! and, unless otherwise expressly stated, are not sponsored by, affiliated with, or endorsed by this Website or KABOOM!, and KABOOM! makes no representations or warranties about the content, completeness, or accuracy of those Third-Party Services. KABOOM! is not responsible for the availability of such Third-Party Services and is not responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms of those third parties.

Information you submit through a Third-Party Service is subject to the terms of that Third-Party Service’s privacy policy, and KABOOM! has no control over how your information is collected, used, or otherwise handled. Users who utilize Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on servers and/or applications located in the United States and elsewhere. You understand and agree that the entities and individuals that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree KABOOM! not responsible for these providers, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.

General Provisions
Governing Law & Venue. These Terms are governed by and construed in accordance with the laws of New York, without giving effect to any principles of conflicts of law. Notwithstanding the foregoing, the Arbitration Agreement above shall be governed by the Federal Arbitration Act. All claims arising out of or relating to these Terms, to the Website, or your relationship with KABOOM! that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of New York County, New York. You and KABOOM! consent to the exercise of personal jurisdiction of courts in the State of New York and waive any claim that such court constitute an inconvenient forum.

Additional Terms. Additional terms and conditions may apply to specific features or your use of certain portions of these Terms. These additional terms also are legally binding.

No Waiver. Any waiver of any provision of these Terms will be effective only if in writing and signed by or on behalf of KABOOM!. No failure or delay by KABOOM! in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. This provision will survive the termination of any and all of your transactions with KABOOM!.

Severability. Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.

Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.

Assignment. KABOOM! may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.

Entire Agreement. These Terms (which includes these Terms of Service, our Privacy Policy and any other KABOOM! terms that govern your use of our Website), constitutes the entire agreement between you and KABOOM!.

Changes to These Terms
We may revise and update these Terms from time to time, in our sole discretion. Notice of any material change will be posted on this page with an updated effective date. All changes are effective immediately upon posting by us and such changes shall apply to all access to and use of the Website thereafter; provided, however, that any changes to the dispute resolution provisions set out in Governing Law & Venue will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to such changes. You are responsible for regularly reviewing these Legal Terms, and your continued use of the Website following any changes indicates your acceptance of those changes.

Contact Us
We welcome all questions, concerns and feedback you might have about these terms. If you have any questions or suggestions for us, please contact us at [email protected].

You can also write to us or call at:

7200 Wisconsin Ave, Suite 400
Bethesda, MD 20814

1-202-659-0215