Terms and Conditions

TERMS AND CONDITIONS OF USE

            ClubSetup, LLC (“ClubSetup”) provides this Internet site and related services subject to your compliance with the terms and conditions set forth below.  Your continued use of this site evidences your agreement to them, as well as to our Privacy Policy.  Please read the following information carefully.  If you have any questions related to this information, please contact us at www.clubsetup.com.

 

By visiting the ClubSetup Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. In order to participate in certain ClubSetup Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to ClubSetup in which you choose to participate, those additional terms are herby incorporated into this agreement. ClubSetup is available to any and all users. However, REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION AND REGISTRANTS UNDER THE AGE OF 13 MUST HAVE VERIFIABLE PARENTAL CONSENT, AS SET FORTH IN THE PRIVACY POLICY.

INTELLECTUAL PROPERTY

            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

            e-mail: cnwlaw@gte.net

 

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

 

By posting messages, uploading files or inputting data on the site, you grant (or represent and warrant that the owner of such information grants) ClubSetup a royalty-free, perpetual, non-exclusive, worldwide license to use, copy, modify, adapt, transmit, translate, create derivative works from or display any of the information and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such information.  This site may contain bulletin boards, email, chat rooms, forums or other public posting areas (referred to hereafter collectively as the Site “Communication Tools”).  While ClubSetup may not monitor the message, information, files or data posted on the site or transmitted using the Communication Tools, it may edit, refuse to post or remove any information or materials, in whole or part, that in ClubSetup’s sole discretion are objectionable, in violation of these Terms of Use, or for any other reason are not acceptable to ClubSetup.

 

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

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. What constitutes a “material change” shall be at the sole and exclusive discretion of ClubSetup. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit the ClubSetup Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised Terms of Use. Should you have any questions regarding the use of our site, please contact us at: www.ClubSetup.com.

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.

INDEMNIFICATION

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.

APPLICABLE LAW/JURISDICTION

 

This site is created and controlled by ClubSetup in the State of California, United States of America.  ClubSetup makes no representation that materials in this site are appropriate or available for use in other locations.  If you access this site from another location, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent they are applicable.  By accessing this site, you and ClubSetup both agree the laws of the State of California will govern all matters relating to this site, without giving effect to any principles of conflicts of laws.  You also consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California and the laws of the United States of America in all disputes arising out of or relating to the use of this site.  If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  This is the entire agreement between the parties relating to the matters contained herein and shall not be modified, except in writing.

 

MISCELLANEOUS

 

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. 

 

 

ClubSetup, LLC

www.clubsetup.com