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Terms of Use

Last updated: February 2022


Please read these Terms of use ("Terms", "Terms of Use") carefully before using the Clubspot website or any applications or websites related thereto (the "Service") operated by Club Spot LLC (“Clubspot”, "us", "we", or "our").


Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.


By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.


Additionally, by accessing the Service, you represent that you are at least 13 years old and that you are fully able and competent to enter into and comply with these Terms. If you are older than 13 but under the age of consent where you live, then you must get the consent of your parents prior to using the Service, and if you do use the Service, you represent to us that you have done so.


ACCOUNTS


When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account with our Service.


You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.


You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


PAYMENTS


Clubspot securely facilitates payments in conjunction with Stripe (https://stripe.com), a leading payment processor. Clubspot will not be held liable for any claim resulting from or related to payment processing, including but not limited to theft, fraud, or loss of payment data and/or credentials. Clubspot strictly adheres to payment processing best practices to process payments in the most secure manner. Payment data never touches Clubspot servers, and Stripe acts as the secure payments vault at all times.


Depending on your billing plan, you may be responsible for Clubspot Platform Fees and/or Stripe Payment Processing Fees whenever you collect payments through the Clubspot platform. Clubspot reserves the right to modify pricing at any point in time. Stripe Payment Processing fees may likewise change at any point in time.

Please click here for more information on Clubspot pricing.


Monies accepted on behalf of a club or organization will be deposited to the connected bank account as per the Stripe Payment Services deposit schedule, net of the abovementioned fees.


Clubspot provides considerable flexibility to configure pricing, discounts, tax rates, payment processing fees, and more. Clubspot will not be held liable for any misuse of the platform, including but not limited to pricing rules, discount rules, tax calculations, or payment processing fees. IT IS THE SOLE RESPONSIBILITY OF CLUB ADMINISTRATORS ("Users" of the Service) to adhere to local regulations with regards to tax collection, pricing configurations, discounts, payment processing fees, and more. By using the Service, you expressly agree that Clubspot will not be held liable for any claim that may arise due to pricing, discounts, payment processing fees, or tax collection. By using the Service, you expressly agree that you and/or your club (or organization) is the sole liable party for any and all claims that may arise as a result of your use of the Service.


DATA COLLECTION


Clubspot gives Users the power to collect custom data from participants and members who sign up for their services. Users may NOT use this power to collect sensitive personal or payment-related information. As an example, Users may not request raw credit card numbers or even a cvc code or expiration date from participants. Users who violate these terms are subject to immediate suspension, at the sole discretion of Clubspot LLC.


While Clubspot LLC, its managers, and its employees always endeavor to block fraud and abuse, we shall not be held liable for any damages or loss of property that may result from fraudulent behavior on the platform. As a user of the Service you are solely responsible for any losses that may occur as a result of fraudulent activity.


TERMINATION


We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach 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.


Should you no longer wish to use Clubspot Service, you may terminate your account by contacting Clubspot Support. Account termination may result in a loss of data and may affect any clubs or events that you were registered for or created as a user. Clubspot is not responsible for terminating your account with Stripe Payment Services.


Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.


WARRANTY DISCLAIMER


You agree that your use of the Service shall be at your sole risk. Clubspot LLC and its employees are not responsible for any damages, personal injury, or harm that may result from any connection whatsoever to your use of the Service. To the fullest extent permitted by law, Clubspot LLC, its members, managers, officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. We make no warranties or representations about the accuracy or completeness of the Service’s content or the content of any app or site linked to this site. We assume no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service, any unauthorized access to our backend, and/or any and all personal information stored therein, any interruption or cessation of transmission to or from our Service, or any damages caused by third parties through our Service.


You agree to indemnify, defend, protect, and hold harmless Clubspot, and its successors, subsidiaries, affiliates, contractors, employees, all third-party advertisers, technology providers, service providers, or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives, from and against any third-party claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to your use or misuse of, or connection to, the Service, or your breach or alleged breach of these Terms.


Clubspot reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Clubspot. Clubspot will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CLUBSPOT OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, OR AGENTS BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR COST OF COVER OR FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CLUBSPOT OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR THE INABILITY TO USE THE SERVICE OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR THE INABILITY TO USE THE SERVICE (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF ONE HUNDRED DOLLARS (US$100).


INTELLECTUAL PROPERTY


The underlying intellectual property, proprietary technology and code within the Service (the “Clubspot Technologies”) are protected by United States copyright and trademark law, international conventions, and other applicable laws. All text, graphics, photographs, audio and/or video material or stills from audiovisual material, or any other materials, contained in Clubspot Technologies (collectively, the "Materials") are the copyrighted property of Clubspot or its subsidiaries or affiliated companies and/or third-party licensors and are offered to you by Clubspot for limited use solely pursuant to these Terms. All trademarks, service marks, and trade names are proprietary to Clubspot or its affiliates and/or third-party licensors. Nothing contained in these Terms shall be construed as conferring any license or right to use any trademark, design right, or copyright of Clubspot, or any other third party.


As between you and Clubspot, Clubspot owns all right (including all intellectual property rights) to, title to, and interest in Clubspot Technologies. You shall not acquire any right, title, or interest therein, except for the limited rights expressly set forth in these Terms. Any rights not expressly granted herein are reserved to Clubspot.


GOVERNING LAW


These Terms shall be governed and construed in accordance with the laws of California, 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 Service, and supersede and replace any prior agreements we might have between us regarding the Service.


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 Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.


CONTACT


If you have any questions about these Terms, please contact us at support@theclubspot.com.

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