Terms of Service — carclub.org

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A LIMITATION OF LIABILITY THAT CAP OUR LIABILITY TO YOU. THEY AFFECT YOUR LEGAL RIGHTS.

1. INTRODUCTION AND ACCEPTANCE

1.1 Who we are

These Terms of Service (the “Terms”) are a binding legal agreement between you and carclub.org LLC, a New Mexico limited liability company (“carclub.org,” “we,” “us,” or “our”). They govern your access to and use of the carclub.org website, applications, and related services (collectively, the “Platform”).

1.2 Acceptance

By creating an account, accessing, or using the Platform, or by clicking to accept these Terms, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you may not access or use the Platform.

1.3 Who is bound

These Terms apply to every user of the Platform, including individuals who use the Platform as members, applicants, or guests (each a “Member” or “User”), and to the car clubs, cars-and-coffee groups, HPDE and track-day groups, off-road groups, motorcycle clubs, car shows, and other motorsports organizations that operate on the Platform (each an “Organization” or “Club”). Organizations are also bound by the additional terms in Section 6.

1.4 Authority

If you accept these Terms on behalf of an Organization or any other entity, you represent and warrant that you have full legal authority to bind that entity, and “you” refers to both you individually and that entity.

2. DEFINITIONS

“Member Content” means any content, information, or materials that you or any User submits, uploads, posts, or transmits to or through the Platform, including profile details, vehicle information, photographs, forum posts, marketplace listings, reviews, map contributions, messages, and event submissions.

“Organization Data” means information that an Organization submits or causes to be submitted to the Platform about its members, applicants, guests, events, and operations.

“Personal Information” has the meaning given in our Privacy Policy.

“Stripe” means Stripe, Inc. and its affiliates, our third-party payment processor.

3. ELIGIBILITY

The Platform is intended solely for individuals who are at least eighteen (18) years of age. By using the Platform, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into these Terms, and that your use of the Platform does not violate any applicable law. We do not knowingly permit anyone under 18 to register for or use the Platform. If we learn that a User/visitor/guest is under 18, we may suspend or terminate that account, and immediately delete all data associated with no notice.

4. ACCOUNTS AND REGISTRATION

4.1 Account creation

You may need an account to use certain features. Organizations register for a tenant on the Platform and may invite individuals to join by distributing invitation or referral links. We may also offer, now or in the future, public or “open” Organizations and events that any eligible person may join or view. You agree to provide accurate, current, and complete information and to keep it updated.

4.2 Account security

You are responsible for safeguarding your credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use. We are not liable for any loss arising from unauthorized use of your account.

4.3 Access through an Organization

Many Users access the Platform through an Organization. Each Organization sets its own membership requirements, roles, dues, screening, and directory and privacy settings for its members. Your relationship with an Organization is governed by that Organization, not by us, and we are not responsible for an Organization’s decisions, rules, or conduct.

5. THE PLATFORM

5.1 What the Platform provides

The Platform provides tools for Organizations to operate, including events and ticketing, membership and dues, applications and screening, a forum, a member-to-member marketplace, a community map, a knowledge base, a vehicle garage, and notifications. Features may change, be added, or be removed at any time.

5.2 We are a technology provider, not an organizer

We provide software and hosting. We do not organize, sponsor, run, supervise, or control any Organization, event, drive, meet, track day, activity, or transaction that is arranged, promoted, or conducted using the Platform. Organizations and Users are solely responsible for their own activities.

5.3 No endorsement

We do not endorse any Organization, User, Member Content, listing, vendor, location, posting, or event. Any reliance you place on such material is at your own risk.

6. ADDITIONAL TERMS FOR ORGANIZATIONS

This Section 6 applies to every Organization and to every person who administers, manages, or acts on behalf of an Organization. In the event of a conflict with the rest of these Terms as applied to an Organization, this Section 6 controls.

6.1 Independent responsibility

Each Organization is an independent entity and/or group that determines the purposes for which, and the means by which, it collects and uses information about its members, applicants, and guests. Each Organization is solely responsible for its own operations, communications, membership decisions, dues, refunds, waivers, events, and compliance with all laws that apply to it.

6.2 Organization representations regarding data

If an Organization submits, uploads, imports, or causes to be submitted any Organization Data or information about any individual, the Organization represents and warrants that:

it has provided all notices and obtained all consents, permissions, and rights necessary for that information to be submitted to the Platform and used, disclosed, sold, shared, and otherwise processed as described in these Terms and our Privacy Policy;
it has the authority to bind, and has obtained any necessary agreement from, the individuals whose information it submits;
its collection and submission of the information does not and will not violate any law or any agreement with or obligation owed to any individual or third party; and
the information is accurate to the best of its knowledge.

6.3 Allocation of data roles

As between carclub.org and an Organization, each party acts as an independent business with respect to the information it holds, and neither party is acting as the agent, processor, or service provider of the other. carclub.org collects and maintains its own records and may use, disclose, sell, share, and otherwise process information obtained through the Platform for its own purposes as described in these Terms and our Privacy Policy, independent of any Organization.

6.4 Waivers and event compliance

Organizations are solely responsible for determining what waivers, releases, insurance, permits, and safety measures their events require, for the sufficiency and enforceability of those waivers, and for compliance with all applicable laws and regulations applicable to the event, attendees, and guests. The Platform may record waiver acceptance data (such as identity, IP address, and timestamp) as a convenience, but we make no representation that any waiver is valid, enforceable, or sufficient, and we are not a party to any waiver.

6.5 Payments collected by Organizations

Organizations that collect dues, ticket fees, or other amounts through the Platform do so through Stripe and are solely responsible for setting prices, honoring or declining refunds, resolving payment disputes and chargebacks, and complying with tax and other legal obligations. carclub.org is not the merchant of record for Organization transactions and does not hold, owe, or guarantee any funds owed between an Organization and its members.

6.6 Organization indemnity

In addition to Section 20, each Organization (and its proprietors, individually) agrees to indemnify, defend, and hold harmless carclub.org from and against any claim, loss, or liability arising out of or relating to the Organization’s use of the Platform, its Organization Data, its events and activities, claims by its Users against the Platofrm, its membership and refund decisions, and its breach of this Section 6.

7. MEMBER CONTENT AND LICENSE

7.1 Your content

You are solely responsible for your Member Content and for ensuring you have all rights necessary to submit it and to grant the license below.

7.2 License you grant to us

You grant carclub.org a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license to host, store, use, reproduce, modify, adapt, translate, create derivative works from, publish, publicly perform, publicly display, distribute, and otherwise exploit your Member Content, in whole or in part, in any and all media and formats now known or later developed, for any purpose, including commercial purposes such as operating and promoting the Platform, marketing and advertising, and licensing, selling, or otherwise providing the content and materials derived from it to third parties.

7.3 Scope

This license includes the right to use names, usernames, vehicle information, and likenesses contained in your Member Content in connection with the foregoing, and it survives termination of your account to the extent necessary to give effect to rights granted before termination and to retain and use archival, aggregated, or derived copies. This Section 7 does not limit any rights we have under our Privacy Policy with respect to Personal Information.

7.4 Feedback

If you send us suggestions or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use it for any purpose without obligation or compensation to you.

8. ACCEPTABLE USE

You agree not to, and not to permit any third party to:

violate any law or regulation, or infringe or misappropriate any third party’s rights;
submit content that is unlawful, defamatory, harassing, threatening, hateful, obscene, or that you do not have the right to submit;
impersonate any person or entity or misrepresent your affiliation;
upload viruses or malicious code, or interfere with or disrupt the Platform or its security;
access the Platform through automated means, scrape, harvest, or index data except as we expressly permit, or attempt to gain unauthorized access to any system or account;
use the Platform to send unsolicited communications, or to collect information about others except as permitted by an Organization’s legitimate operations; or
use the Platform in any way that could damage, disable, overburden, or impair it, or that is inconsistent with these Terms.

We may investigate and take any action we deem appropriate for suspected violations, including removing content and suspending or terminating accounts.

9. EVENTS, ACTIVITIES, AND ASSUMPTION OF RISK

MOTORSPORTS AND RELATED ACTIVITIES ARE INHERENTLY DANGEROUS. Events, drives, meets, cruises, track days, off-road runs, races, and similar activities that are arranged, promoted, or conducted using the Platform involve serious and unavoidable risks, including risk of property damage, serious bodily injury, and death, whether to you or to others.

9.1 Not the organizer

carclub.org does not organize, host, sponsor, supervise, inspect, or control any event or activity, does not verify the identity, licensure, insurance, or fitness of any participant, and is not present at and exercises no control over any event or activity. All events and activities are organized and controlled solely by Organizations and/or Users.

9.2 Assumption of risk

You knowingly and voluntarily assume all risks associated with your participation in, travel to or from, and presence at any event or activity connected to the Platform, whether or not those risks are foreseeable.

9.3 Release

To the fullest extent permitted by law, you release, waive, and discharge carclub.org and its officers, members, managers, employees, attorneys, insurers, owners, and agents (the “Released Parties”) from any and all claims, demands, damages, and liabilities of every kind, whether known or unknown, arising out of or relating to any event or activity connected to the Platform, including claims based on the ordinary negligence of the Released Parties. This release does not apply to liability that cannot be waived under applicable law.

9.4 Your responsibility

You are responsible for your own conduct, safety, equipment, licensing, insurance, and compliance with law at every event or activity, and for signing any waiver an Organization requires. Any waiver you sign with an Organization is between you and that Organization.

10. MARKETPLACE AND MEMBER-TO-MEMBER TRANSACTIONS

The Platform may let Users list and discover vehicles, parts, gear, and other items, and may let Users contact one another. Any transaction between Users, or between a User and an Organization or vendor, is solely between those parties.

carclub.org is not a party to, does not screen, and is not responsible for any listing, item, description, price, payment, delivery, condition, authenticity, legality, or transaction. We are not a broker, dealer, auctioneer, escrow agent, or party to any sale. You transact entirely at your own risk and are responsible for inspecting items, verifying counterparties, and complying with all laws, including title, registration, emissions, and safety requirements.

11. PAYMENTS, DUES, FEES, AND REFUNDS

11.1 Payment processing

Payments on the Platform, including dues, ticket fees, and other charges, are processed by Stripe and are subject to Stripe’s terms and privacy policy. Depending on configuration, funds may be processed through an Organization’s own Stripe account, in which case carclub.org never receives or holds those funds. You authorize the applicable charges to your selected payment method. We do not store full payment card numbers.

11.2 Processing fees

Stripe’s standard processing fees apply to transactions you choose to process through the Platform. Those fees are paid to Stripe, not to carclub.org.

11.3 No refunds

Except where a refund is required by applicable law or is expressly granted by the applicable Organization in its sole discretion, all payments are final and non-refundable, including dues, membership fees, ticket and event fees, and marketplace payments. carclub.org does not issue refunds and is not responsible for any Organization’s refund decisions, cancellations, or payment disputes. Refund requests must be directed to the Organization that received the payment.

11.4 Chargebacks

Chargebacks, reversals, and payment disputes are the responsibility of the party that received the payment. You agree not to initiate a chargeback for amounts properly owed.

12. THIRD-PARTY SERVICES

The Platform integrates with or links to third-party services, including Stripe (payments), Discord (chat integration and notifications), Google services (including reCAPTCHA and mapping), and others. Your use of a third-party service is governed by that party’s terms and privacy policy. We do not control and are not responsible for third-party services, and their inclusion does not imply endorsement.

13. OUR INTELLECTUAL PROPERTY

The Platform, including its software, design, text, graphics, logos, and the “carclub.org” name and marks, is owned by carclub.org or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for its intended purpose. All rights not expressly granted are reserved. You may not copy, modify, distribute, reverse engineer, or create derivative works from the Platform except as permitted by law.

14. PRIVACY AND DATA

Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms. You acknowledge and agree that, as described in the Privacy Policy, carclub.org may collect, use, disclose, sell, share, and otherwise process information obtained through the Platform, including for advertising, analytics, research, sharing with partners and sponsors, training of artificial intelligence and machine-learning models, and sale or licensing to third parties, subject to the rights and choices described in the Privacy Policy.

15. COPYRIGHT AND DMCA

We respect intellectual property rights. If you believe content on the Platform infringes your copyright, send a notice under the Digital Millennium Copyright Act to our designated agent at info@carclub.org that includes: your physical or electronic signature; identification of the work claimed to be infringed; identification of the material claimed to be infringing and its location; your contact information; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act. We may remove infringing content and terminate repeat infringers.

16. SUSPENSION AND TERMINATION

We may suspend or terminate your access to the Platform at any time, with or without cause and with or without notice, including if we believe you have violated these Terms, or for any reason at all. You may stop using the Platform at any time. Upon termination, your license to use the Platform ends. Sections that by their nature should survive termination will survive, including Sections 6.6, 7, 9, 11.3, 14, and 18 through 24, and any accrued rights and obligations.

17. CHANGES TO THE PLATFORM

We may modify, suspend, or discontinue all or part of the Platform, and may impose limits on features, at any time without liability. Features described on our website may change.

18. DISCLAIMERS

THE PLATFORM AND ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DATA WILL NOT BE LOST, OR THAT ANY ORGANIZATION, USER, EVENT, LISTING, VENDOR, OR CONTENT IS ACCURATE, RELIABLE, SAFE, OR LAWFUL. YOU USE THE PLATFORM AND PARTICIPATE IN EVENTS AND TRANSACTIONS AT YOUR OWN RISK.

19. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO carclub.org IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) TWO HUNDRED FIFTY U.S. DOLLARS ($250).

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you; in that case our liability is limited to the maximum extent permitted by law.

20. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: your use of the Platform; your Member Content or Organization Data; your participation in any event, activity, or transaction; your violation of these Terms or any law; or your violation of any right of a third party. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.

21. DISPUTE RESOLUTION; CLASS ACTION AND JURY WAIVER

21.1 Governing law and venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. You and carclub.org agree that any dispute arising out of or relating to these Terms or the Platform will be brought exclusively in the state or federal courts located in New York, and you consent to the personal jurisdiction of those courts.

21.2 Jury trial waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND carclub.org EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM.

21.3 Class action waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND carclub.org AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

21.4 Time to bring claims

Any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after the claim arose, to the extent permitted by law; otherwise it is permanently barred.

22. CHANGES TO THESE TERMS

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms with a new effective date or through the Platform. Your continued use of the Platform after the changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Platform.

23. GENERAL PROVISIONS

23.1 Entire agreement

These Terms and the Privacy Policy are the entire agreement between you and carclub.org regarding the Platform and supersede all prior agreements on that subject.

23.2 Severability

If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force. If the class action waiver in Section 21.3 is held unenforceable as to any claim, that claim will be severed and brought in court, but the remainder of Section 21 will continue to apply.

23.3 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

23.4 No waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

23.5 Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control.

23.6 Relationship

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and carclub.org.

23.7 Electronic communications and notices

You consent to receive communications from us electronically. We may provide notices by posting on the Platform or by email. You may send notices to us at legal@carclub.org.

24. CONTACT US

Questions about these Terms may be directed to carclub.org LLC at hello@carclub.org.