ClubHub Terms of Service
By signing up for a ClubHub Account (as explained below under “Account Terms”) or by using any ClubHub Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us” and “ClubHub” means ClubHub Inc..
The services offered by ClubHub under the Terms of Service include various products and services to help you promote your brand, engage your followers, sell goods and services to buyers by enabling you to create and build your own online website and brand (“Services”). Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at terms. ClubHub reserves the right to update and change the Terms of Service by posting updates and changes to the ClubHub website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.
- To access and use the Services, you must register for a ClubHub account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. ClubHub may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by ClubHub for the purposes of carrying on a business or commercial activity and not for any personal, household or family purpose.
- You acknowledge that ClubHub will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to ClubHub and your primary Account email address must be capable of both sending and receiving messages. Your email communications with ClubHub can only be authenticated if they come from your primary Account email address.
- You are responsible for keeping your password secure. ClubHub cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You acknowledge that you are responsible for the creation and operation of your ClubHub Website (explained further below).
- ClubHub is not a marketplace. Any contract of sale through your ClubHub Website is directly between you and the buyer.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of ClubHub may result in an immediate termination of your Services.
- The person signing up for the Service by opening an Account will be the contracting party (“Website Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Website Owner in connection with the Service. You are responsible for ensuring that the name of the Website Owner (including the legal name of the company that owns the Website, if applicable) is clearly visible on the Website.
- If you are signing up for the Services on behalf of your employer, your employer shall be the Website Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Your ClubHub Website can only be associated with one Website Owner. A Website Owner may have multiple ClubHub Websites. “Website” means the online website, which may include an online store, associated with the Account.
- Upon purchasing a domain name through ClubHub, domain registration will be preset to automatically renew each year so long as your ClubHub Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
- Technical support in respect of the Services is only provided to ClubHub users
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, without regard to principles of conflicts of laws.
- You acknowledge and agree that ClubHub may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on ClubHub’s website, available at terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to ClubHub’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the ClubHub Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United States. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by ClubHub.
- You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use ClubHub or ClubHub trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to ClubHub Support at email@example.com.
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. ClubHub shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without ClubHub’s prior written consent, to be given or withheld in ClubHub’s sole discretion.
- If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
- The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Northern District of California with respect to any dispute or claim arising out of or in connection with the Terms of Service.
- We reserve the right to modify or terminate the Services for any reason, without notice atany time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Website, orthe Materials uploaded or posted to a Website, violate our acceptable use policy or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any ClubHub customer, ClubHub employee, member, or officer will result in immediate Account termination.
- ClubHub does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Website.
- We reserve the right to provide our services to other content creators and make no promise of exclusivity.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
- ClubHub retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Website Owner. If we are unable to reasonably determine the rightful Website Owner, without prejudice to our other rights and remedies, ClubHub reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
- “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. ClubHub’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this section. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, ClubHub shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
- You agree to indemnify and hold us and (as applicable) our affiliates, ClubHub partners, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), your Materials, or your violation of any law or the rights of a third party.
- Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- ClubHub does not warrant that the Services will be uninterrupted, timely, secure, or errorfree.
- ClubHub does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- ClubHub is not responsible for any of your tax obligations or liabilities related to the use of ClubHub’s Services.
- ClubHub does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CLUBHUB PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE CLUBHUB PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CLUBHUB IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
- SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
- IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Disclaimer of Warranties
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CLUBHUB PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- THE CLUBHUB PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Waiver, Severability, and Complete Agreement
The failure of ClubHub to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and ClubHub and govern your use of the Services and your Account, superseding any prior agreements between you and ClubHub (including, but not limited to, any prior versions of the Terms of Service).
Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the ClubHub Service. All Materials you upload to your ClubHub Website remains yours. You can remove your ClubHub Website at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Website; (b) to allow ClubHub to store, and in the case of Materials you post publicly, display and use your Materials, including use for promotional purposes; and (c) that ClubHub can, at any time, review and delete all the Materials submitted to its Service, although ClubHub is not obligated to do so.
- You retain ownership over all Materials that you upload to the Website; however, by making your Website public, you agree to allow others to view Materials that you post publicly to your Website. You are responsible for compliance of the Materials with any applicable laws or regulations.
- ClubHub shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Website to promote the Service.
- You may establish the appearance of your ClubHub Website with a design template from ClubHub’s Theme Website (“a Theme”). If you download a Theme, you are licensed to use it for a single Website only. You are free to transfer a Theme to a second one of your own Websites if you close your first Website. To initiate a transfer of a Theme to a second one of your Websites, please contact us at firstname.lastname@example.org. You are not permitted to transfer or sell a Theme to any other person’s Website on ClubHub or elsewhere. Multiple Websites require multiple downloads and each download is subject to the applicable fee. ClubHub gives no assurance that a particular Theme will remain available for additional downloads.
- You may modify the Theme to suit your Website. ClubHub may add or modify the footer in a Theme that refers to ClubHub at its discretion. ClubHub may modify the Theme where it contains, in our sole discretion, an element that violates the ClubHub AUP or other provisions of the Terms of Service, even if you received the Theme in that condition. ClubHub may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of ClubHub. If you exceed the rights granted by your purchase of a Theme, ClubHub may take administrative action such as modifying your Website or closing your Website.
- It is the responsibility of the user, and not ClubHub, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
- ClubHub employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or ClubHub’s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly grant ClubHub the right to employ such Content Scanning. ClubHub does not warrant that the Email Services will be free from Threats, and each ClubHub customer is responsible for all content generated by their respective Websites.
- BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). CLUBHUB, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
- Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.
- . You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.
- Your use of the Email Services must follow all applicable guidelines established by ClubHub. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
- using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
- using purchased or rented email lists;
- using third party email addresses, domain names, or mail servers without proper permission;
- sending emails to non-specific addresses (e.g., email@example.com or firstname.lastname@example.org);
- sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
- failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
- failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
- disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
- failing to include in each email your valid physical mailing address or a link to that information; or
- including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
- If You or a customer knows of or suspects any violations of the Email Services Requirements, please notify ClubHub at email@example.com. ClubHub will determine compliance with the Email Services Requirements in its discretion.
Payment of Fees
- All payments will be made to You in accordance with an order form, quote or other similar document that sets forth the specific payments and pricing therefor (including in relation to overages) subscription term, and that references this Agreement and is mutually executed by the parties. ClubHub will pay You the fees only as set forth in the Order Form. Except as otherwise specified herein or in any applicable Order Form, (a) fees are quoted and payable in United States dollars and (b) payment obligations are noncancelable and non-pro-ratable for partial months, and fees paid are non-refundable.
- As explained above, the ClubHub Services also include certain features which enable you to sell goods, content, media, event tickets and services through your Website (“User Products”, and collectively, “E-Commerce”).
- You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Materials contained or referred to on the ClubHub Website, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.
- When someone purchases your User Products, the payments for such transactions will be processed through a third-party payment service provider (“Payment Provider”).
- Any account connected to a Payment Provider shall be governed by such Payment Provider’s terms of service. We are neither a party to nor are responsible in any way for your relationship with any such Payment Providers, or for the actions of any of these Payment Providers.
E-Commerce Acknowledges and Warranties
By using any of our E-Commerce features, you acknowledge, warrant, and agree that:
- You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your end users of such and provide them with a duly issued invoice as required by law;
- Any Taxes indicated by the E-Commerce features provided to you by ClubHub are solely provided for illustration purposes only, and may not be relied on in any way;
- You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards
- You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and
- You may not offer or sell any User Products, or provide any information, Materials or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and
- ClubHub may, at any time and at its sole discretion, suspend, disable access to or remove your Account and Website and/or any User Products - whether or not incorporated, published with or made a part of your Website at such time, without any liability to you or to any of your end users.
Cancellation and Termination
- You may cancel your Account and terminate the Terms of Service at any time by contacting ClubHub Support at firstname.lastname@example.org and then following the specific instructions indicated to you in ClubHub’s response.
- Upon termination of the Services by either party for any reason:
- ClubHub will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to ClubHub for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your website will be taken offline.
- If you purchased a domain name through ClubHub, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the ClubHub Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
- Fraud: Without limiting any other remedies, ClubHub may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from ClubHub. Such notice may be provided at any time by posting the changes to the ClubHub Site.
- ClubHub reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
- ClubHub shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Feedback and Reviews
ClubHub welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, third party services or any third party provider (collectively, "Feedback") to ClubHub be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to ClubHub (whether submitted directly to ClubHub or posted on any ClubHub hosted forum or page), you waive any and all rights in the Feedback and that ClubHub is free to implement and use the Feedback if desired, as provided by you or as modified by ClubHub, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to ClubHub must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. ClubHub reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
DMCA Notice and Takedown Procedure
ClubHub supports the protection of intellectual property and asks ClubHub customers to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our customers is infringing their intellectual property rights, they can send a DMCA Notice to ClubHub’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the customer can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the customer from engaging in the infringing activity, otherwise we restore the material.
Rights of Third Parties
Save for ClubHub and its affiliates, ClubHub Users or anyone accessing ClubHub Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and ClubHub, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and ClubHub are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND CLUBHUB AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CLUBHUB AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
- Pre-Arbitration Dispute Resolution. ClubHub is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to ClubHub should be sent to firstname.lastname@example.org (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If ClubHub and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or ClubHub may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ClubHub or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ClubHub is entitled.
- Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/ consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Unless ClubHub and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, ClubHub agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, ClubHub will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, ClubHub will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, ClubHub will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and NonIndividualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
- Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms of Service to the contrary, ClubHub agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending ClubHub written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).