Terms of Service
Effective date: July 4, 2026
Welcome to HometownSquares. These Terms of Service ("Terms") are a binding agreement between you and Prosperity Marketing LLC, a New York limited liability company ("HometownSquares," "we," "us"). By using hometownsquares.com or any related service (the "Service"), you agree to these Terms. If you do not agree, do not use the Service.
1. What HometownSquares Is — and Is Not
HometownSquares is a scorekeeping and organizing tool. It lets organizers create squares-grid pools, lets participants claim squares, randomly assigns numbers, and calculates results based on scores the organizer enters.
HometownSquares is not a gambling operator, sportsbook, payment processor, escrow service, or fundraising platform that handles donations. We never collect, hold, transmit, or distribute pool money. All payments between participants and organizers, and all payouts to winners, happen directly between those people, outside the Service, using payment methods they choose.
2. Eligibility
You must be at least 18 years old to use the Service in any capacity — as an organizer or a participant. By using the Service you represent that you are 18 or older. The Service is intended for users in the United States.
3. Organizer Responsibilities
If you create a pool, you agree that:
(a) You are solely responsible for legal compliance. Laws governing pools, raffles, charitable gaming, and contests vary by state, county, and municipality. You are solely responsible for determining whether your pool is lawful where you run it, obtaining any required registrations or licenses (for example, games-of-chance registrations handled through your town or city clerk in New York), and complying with all applicable laws.
(b) You are solely responsible for the money. Collecting payments from participants, tracking who has paid, paying winners the amounts you advertised, and delivering any fundraising share to the beneficiary are entirely your obligations. HometownSquares displays the numbers you configure but is not a party to those transactions.
(c) You will be truthful. Pool descriptions, beneficiary claims (e.g., "50% supports the varsity team"), payout structures, and sponsor acknowledgments must be accurate.
(d) You have permission to use what you upload, including team names, logos, and images. Do not upload third-party trademarks or logos (including professional sports league marks) without authorization.
4. Participant Acknowledgments
If you claim a square, you acknowledge that: your arrangement is with the organizer, not with us; we do not guarantee the organizer will collect fairly, pay winners, or deliver funds to any cause; and any dispute about payment or payouts is between you and the organizer.
5. Accounts
Organizer accounts are managed through our authentication provider. You are responsible for safeguarding your login and for all activity under your account. Organization (Chamber) accounts may have multiple members; the organization is responsible for its members' actions within the organization.
6. Paid Plans
Some features require a paid plan (e.g., Season Pass, Chamber Plan). Prices are shown at purchase. Payments are processed by Stripe; we do not store your card details. Subscriptions renew automatically until canceled. Refunds are governed by our Refund Policy. We may change plan pricing with at least 30 days' notice; changes apply at your next renewal. Paid plans are licenses to use software features — they are not entry fees, wagers, or contributions to any pool.
7. Acceptable Use
You agree not to use the Service to: (a) run any pool that is unlawful where it is conducted; (b) run pools where the organizer personally profits from the pot beyond disclosed, lawful amounts (e.g., taking an undisclosed "rake"); (c) misrepresent a beneficiary or fundraising purpose; (d) target or involve anyone under 18; (e) harass, defame, or infringe the rights of others; (f) upload malicious code, scrape the Service, or interfere with its operation; (g) impersonate any person or organization; or (h) resell or white-label the Service without a written agreement with us.
We may remove content, suspend pools, or terminate accounts that we reasonably believe violate these Terms, with or without notice.
8. Fair Draw; No Re-Draws
Number assignments are generated randomly by the Service after a grid is locked and are timestamped. Once scores have been entered, draws cannot be regenerated. We make reasonable efforts to ensure randomness and accuracy but do not guarantee uninterrupted or error-free operation.
9. Content and License
You retain ownership of content you upload. You grant us a non-exclusive, worldwide, royalty-free license to host, display, and transmit that content solely to operate and promote the Service (for example, displaying a pool page you created). We may feature anonymized, aggregate fundraising results (e.g., "communities raised $X this season") in our marketing.
10. Intellectual Property
The Service, including its software, design, and branding, is owned by Prosperity Marketing LLC and protected by law. These Terms grant you no rights in our trademarks or software except the limited right to use the Service.
11. Third-Party Services
The Service relies on third parties (including authentication, hosting, database, email delivery, and payment processing providers) and displays payment handles (e.g., Venmo, PayPal) chosen by organizers. We are not responsible for third-party services, and your use of them is governed by their own terms.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT SCORES, CALCULATIONS, OR NOTIFICATIONS WILL BE ACCURATE OR TIMELY. NOTHING ON THE SERVICE IS LEGAL, TAX, OR FINANCIAL ADVICE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) PROSPERITY MARKETING LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST FUNDS, LOST DATA, OR LOST GOODWILL; (b) WE ARE NOT LIABLE FOR THE CONDUCT OF ORGANIZERS OR PARTICIPANTS, INCLUDING FAILURE TO PAY WINNERS OR BENEFICIARIES; AND (c) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
14. Indemnification
You agree to defend, indemnify, and hold harmless Prosperity Marketing LLC and its owners, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from: your pools; your violation of these Terms or of any law, including gaming, raffle, charitable-solicitation, or tax laws; your content; or your dealings with participants, winners, beneficiaries, or sponsors.
15. Disputes; Governing Law; Arbitration
These Terms are governed by New York law, without regard to conflict-of-law rules. Before filing any claim, you agree to contact us at support [at] hometownsquares [dot] com and attempt in good faith to resolve the dispute informally for 30 days. Any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Orange County, New York or remotely by video. You and we each waive the right to a jury trial and to participate in a class action. Either party may instead bring an individual claim in small-claims court.
(Attorney-review flag: arbitration and class-waiver clauses should be confirmed by counsel.)
16. Changes; Termination
We may update these Terms; material changes will be announced on the site or by email, and continued use after the effective date constitutes acceptance. You may stop using the Service at any time. Sections that by their nature should survive termination (including 12–15) survive.
17. Electronic Communications
By using the Service you consent to receive transactional communications from us electronically (e.g., claim confirmations, winner notices, billing receipts), and you agree that electronic records and signatures satisfy any legal requirement of a writing.
18. Contact
Prosperity Marketing LLC, P.O. Box 14, Vails Gate, NY 12584 — support [at] hometownsquares [dot] com