Terms and Conditions
TERMS AND CONDITIONS OF USE
All text, graphics and multimedia content available from the entry point URL http://www.ClubSetup.com and pages within that domain (the “Site”) and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this site are the property of ClubSetup and/or its affiliates. All material on this Site, including (but not limited to) images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by ClubSetup or by other parties that have licensed their material to ClubSetup (or posted to the Site pursuant to a user agreement with ClubSetup). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
“ClubSetup” and the “ClubSetup” logo are trademarks and service marks of ClubSetup. All other trademarks, service marks and logos used on this Site are the trademarks, service marks or logos of their respective owners.
Access to the Site does not grant to you the right to reproduce, copy, or distribute (except as permitted by ClubSetup or ClubSetup-provider user Web pages through the standardized ClubSetup selection process) by any means, method, or process whatsoever, now known or hereafter developed, any of the information, video, musical compositions or sound recordings transmitted through the Site, including (without limitation) transferring or downloading them to a computer hard drive, or otherwise copying them onto any other storage medium.
ClubSetup has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site infringes on the intellectual property rights of any other individual or entity, please contact ClubSetup immediately. Pursuant to the Digital Millennium Copyright Act, ClubSetup has a registered agent to receive copyright infringement claims.
You may notify ClubSetup of alleged intellectual property rights infringement by contacting ClubSetup’s Designated Agent at:
Name: Catanese & Wells, A Law Corporation
Address: 31255 Cedar Valley Drive, Suite 213, Westlake Village, CA 91362
Telephone Number: (818) 707-0407
LINKS/USE OF MATERIALS
Links to Other Sites: This site may contain links to web sites operated by third parties. ClubSetup provides these links for your convenience only. We do not control such web sites and are not responsible for their contents. ClubSetup’s inclusion of links to such web sites does not imply any endorsement of the materials on such web sites or any association with their owners or operators.
Links to ClubSetup: ClubSetup welcomes links to www.ClubSetup.com. You may not, however, state or imply any sponsorship or endorsement of your site by ClubSetup, unless you have received our written approval to do so. You may use ClubSetup logo in order to create a link to ClubSetup from your web site. This is a limited license to use the ClubSetup logo solely for the purpose of creating such link. You may not vary the appearance of the logo, or any trademarks used in connection with the logo, in any way. You will replace or remove a logo that ClubSetup determines is not an appropriate display or use of ClubSetup marks. You may not use on your site any ClubSetup trademarks, service marks or copyrighted materials or frame or otherwise incorporate any portion of the ClubSetup site into another web site.
Use of Other ClubSetup Materials: In addition to the limited license to use the ClubSetup logo, you may download our graphics and text for personal use, but you may not, under any circumstances, without ClubSetup’s express written consent, use them for commercial purposes or public display. (Please see “Commercial Purposes Use” below). You are not permitted to download any other ClubSetup material, including code or software, for any purposes whatsoever. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute the ClubSetup materials in any way.
Commercial Purposes Use: Before you use any of the ClubSetup materials for commercial purposes, you must receive ClubSetup’s express written consent. In order to obtain that consent, please send an e-mail to www.ClubSetup.com with the following information: (a) your name, position, organization, address and telephone number; (b) the ClubSetup content, text or graphics you want to use; (c) where, how and when you will be using the materials; (d) to whom the materials will be distributed, in what amount and for what purpose; and (e) other information that will be included with the ClubSetup material. We will send you an e-mail letting you know whether or not we grant permission for your use of the material. This decision will be made at ClubSetup’s sole discretion.
If you do use ClubSetup materials, you may not remove any copyright or proprietary notices from the materials and you must comply with any proprietary notice guidelines on this Site.
TERMINATION OF SERVICE
We may terminate or suspend your access to the Site at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the Site stops immediately. ONCE THE SERVICES ARE CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON CLUBSETUP’S SYSTEMS MAY NOT BE RETRIEVED LATER. This provision does not apply, however, to data stored by users under the age of 13 in the event that a parent of that child is requesting retrieval and/or deletion of that information.
SUBMISSIONS/USE OF SITE COMMUNICATION TOOLS
You agree not to use the Site Communication Tools: (1) in connection with chain letters, junk e-mail, junk phone messages, junk faxes, spamming, or any duplicative or unsolicited messages (commercial or otherwise); (2) to harvest or otherwise collect information about others, including e-mail addresses, without their consent; (3) to create a false identity or forged e-mail, telephone, or facsimile address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin messages; (4) to transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature; (5) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity; (6) to libel, defame or slander any person or entity, or infringe any person’s publicity or privacy rights; (7) to transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (8) to violate any U.S. law regarding the transmission of technical data or software exported from the United States; (9) to interfere with or disrupt networks connected to the Site Communication Tools or violate the regulations, policies, or procedures of such networks; (10) to attempt to gain unauthorized access to the Site Communication Tools, other accounts, computer systems, or networks connected to the Site Communication Tools, through password mining or any other means; (11) to interfere with another person’s use and enjoyment of the Site Communication Tools or the Site or another entity’s use and enjoyment of similar services; (12) to solicit funds via the telephone utilizing computer automated voice; or (13) to engage in any other activity that ClubSetup reasonably believes could subject it to criminal liability or civil penalty or judgment. You will defend and indemnify ClubSetup and any of its suppliers, partners or affiliates for any loss or damage they may suffer as a result of your breach of this provision.
MODIFICATIONS TO TERMS AND CONDITIONS
NO WARRANTIES / LIMITATION OF LIABILITY
ClubSetup intends for the information contained on its Site to be accurate and reliable; however, errors sometimes may occur. In addition, ClubSetup may make changes and improvements to the information provided herein at any time.
CLUBSETUP PROVIDES ITS SITE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLUBSETUP, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “CLUBSETUP PARTY,” AND COLLECTIVELY, THE “CLUBSETUP PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE CLUBSETUP PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL ANY CLUBSETUP PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SITE, EVEN IF SUCH CLUBSETUP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES PROVIDED THEREBY, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CLUBSETUP PARTY WITH RESPECT TO THE SITE OR YOUR USE THEREOF, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. CLUBSETUP MAY CHANGE THE SITE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF THESE TERMS AND CONDITIONS, THE CLUBSETUP PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THESE TERMS AND CONDITIONS, CLUBSETUP IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, ClubSetup, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions by you. ClubSetup reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with ClubSetup in asserting any available defenses.
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
ClubSetup may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. The failure of ClubSetup to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision.