ClubcloudTM Terms and Conditions

Updated: April 18, 2024

Please read these Terms and Conditions (“Terms and Conditions”, “Terms”) carefully before using ClubcloudTM, LLC’s., Website and Progressive Web Application (“Platform”) operated by ClubcloudTM, LLC., (“Us”, ‘We”, “Our”). None of the Terms and Conditions herein are intended to modify either party(ies) rights, obligations, or responsibilities under the ClubcloudTM, LLC., Beta Test Agreement, Master Service Agreement, or any of the Schedules that are executed as part of either of those Service Agreements.

  1. Conditions of Use

    By using the Platform, you certify that you have read and understood this Agreement and that you agree to comply with its terms. If you do not want to be bound by the Terms of this Agreement, you are advised to leave the Platform, accordingly. ClubcloudTM, LLC. only grants use and access of this Platform, its products, and its services to those who have accepted its terms.

  2. Privacy Policy

    Before you continue using Our Platform, We advise you to read Our Privacy Policy regarding Our user data collection. It will help you better understand Our practices.

  3. Age Restriction

    You must be at least 18 (eighteen) years of age before you can use this Platform. By using this Platform, you warrant that you are at least eighteen- (18)-years of age and you may legally adhere to this Agreement. ClubcloudTM, LLC. assumes no responsibility for liabilities related to age misrepresentation.

  4. Intellectual Property

    You agree that You will not reproduce, reverse engineer, or redistribute the ClubcloudTM, LLC’s intellectual property in any way, including electronic, digital, or new trademark registrations without Our express, written permission.

    You agree that You have the ownership or licensed right to any trademarks, service marks, registered marks, logos, or combinations of any of those logos or marks that you use on the ClubcloudTM platform.

    You grant ClubcloudTM, LLC. a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company who claims ownership of the intellectual property to come to an agreement.

  5. User Accounts

    As a User of this Platform, you may be asked to register with Us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password..

    If you think there are any possible issues regarding the security of your account on the Platform, inform Us immediately so We may address them accordingly.

    We reserve all rights to terminate accounts, edit or remove content and cancel orders at Our sole discretion.

  6. Disputes

    Any dispute related in any way to your use of the Platform or to products you purchase from Us shall be arbitrated by Connecticut State Court or Federal Court for the District of Connecticut and you consent to exclusive jurisdiction and venue of such courts.

  7. Indemnification

    You agree to indemnify ClubcloudTM, LLC., and its affiliates and hold ClubcloudTM, LLC., harmless against legal claims and demands that may arise from your use or misuse of Our services. We reserve the right to select Our own legal counsel.

  8. Limitation on Liability

    ClubcloudTM, LLC., is not liable for any damages that may occur to you as a result of your misuse of Our Platform.

ClubcloudTM, LLC., reserves the right to edit, modify, and change this Agreement at any time. We shall let Our users know of these changes through electronic mail. This Agreement is an understanding between ClubcloudTM, LLC., and the User, and this supersedes and replaces all prior agreements regarding the Use of this Platform.

SMS/Text Messaging Terms & Conditions

Updated: April 18, 2024

Please read these SMS/Text Messaging Terms & Conditions carefully. By agreeing to these SMS/Texting Messaging Terms and Conditions, you expressly consent to receive transactional, non-marketing, and marketing text messages from your membership club and/or ClubcloudTM, hereafter referred to as the “Club,” at the mobile phone number(s) you provide.

You may Opt-out of these communications at any time by replying STOP to any text message from the Club or by otherwise contacting the Club as indicated below. You can receive help at any time by replying HELP to any text message from the Club or by contacting the Club as indicated below.

Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from the Club. Messaging and data rates may apply. By accepting these SMS/Text Messaging Terms and Conditions, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of the Club’s services.

  1. Program Description.

    As part of the normal course of business, the Club may send you transactional, non-marketing, and/or marketing text messages, hereafter referred to as the “Club Program” or “Club’s Program”.

  2. Message Frequency.

    Under the Club’s Program, the number of the Club’s text messages that you receive may vary depending upon your Club activity and your communication with the Club.

  3. Cost

    The Club does not impose a separate fee for sending or receiving the Club’s Program text messages. Standard message and data rates may apply to each text message sent or received in connection with the Club’s Program, as provided in your mobile number service rate plan. Please contact your mobile telephone carrier for pricing, plans, and information.

  4. Supported Carriers; Interruption.

    The Club Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The Club’s Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the Club Program are available on all equipment/mobile devices, or through all wireless carriers. The Club may, from time to time, in its discretion and without notice to you, limit the carriers that support the Club Program. Certain other carriers may not support the Club Program.

    Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The Club Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of the Club’s control, and the Club is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using the Club Program. If the Club Program is not available within your intended location, you agree that your sole remedy is to cease using the Club Program.

  5. How to Opt-In.

    To opt-in to receive your first text message from the Club under the Club Program, accept these SMS/Text Terms and Conditions. You will receive text messages until you Opt-Out. If at any time you Opt-Out and would like to re-subscribe type START.

  6. How to Opt-Out.

    To STOP receiving text messages from the Club, text STOP to the ten-digit long phone number from which the text messages are being sent. You may also opt out by providing written notice to the Club at the address on our website or calling the Club at the number on our website.

  7. Your Mobile Telephone Number.

    You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to date information with the Club regarding your use of the Club Program, including, without limitation, notifying the Club in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify the Club in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify the Club if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.

  8. Privacy/Terms of Service

    The Club’s Privacy Policy is available from your Club. You may also review the Twilio Terms of Service at: https://www.twilio.com/en-us/legal/tos.

  9. Support/Help

    To request more information, text HELP to the ten-digit long code from which the text messages are being sent. You may also receive assistance by providing written notice to the Club at the address on our website.

  10. Eligibility

    To receive the Club text messages or enroll in the Club Program, you must be a resident of the United States, eighteen (18) years of age or older, or have the permission of a parent or guardian, authorized to enroll the mobile phone number in the Club Program, and authorized to incur any mobile message or data charges incurred by participating. the Club reserves the right to require you to prove the foregoing to participate in the Club Program.

  11. Changes to this SMS/Text Messaging Terms & Conditions.

    The Club may revise, modify, or amend these SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to the Club’s website. You agree to review these the Club SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive the Club Program text messages will indicate your acceptance of those changes.

  12. Amendment; Termination of Text Messaging.

    The Club may suspend or terminate your receipt of the Club Program text messages if it believes you are in breach of these SMS/Text Messaging Terms & Conditions. Your receipt of the Club Program text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. The Club reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Club Program text messages, for any reason, with or without notice to you.

  13. Release: No Warranties; Limitation of Liability.

    By participating in the Club Program, you agree to release and hold harmless the Club and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the Club, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.

    THE CLUB PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. THE CLUB DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT.

    In no event shall the Club be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the Club Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the Club Program, or your use thereof, regardless of the theory of recovery, is $10.00.

  14. Arbitration/Class Action Waiver.

    ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND THE CLUB ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND THE CLUB OR ANYONE ACTING ON YOUR OR THE CLUB’S BEHALF, OR THE CLUB PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR STATE OF CONNECTICUT PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND THE CLUB INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.

    This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § One et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS.

    EITHER PARTY TO THIS AGREEMENT MAY COMMENCE ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN THE STATE OF CONNECTICUT, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.

    The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and the Club alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.

  15. Attorney Fees.

    In the event of any claim, matter, or dispute between you and the Club arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and the Club or anyone acting on your or the Club’s behalf, or the Club Program, the Club, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration related fees and expenses.

  16. Applicable Law.

    The law of the State of Connecticut including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, constraining, or enforcing these SMS/Text Messaging Terms & Conditions, the Club Program, or any text messages between you and the Club or anyone acting on your or the Club behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.

  17. Contact Us.

    If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by emailing us at info@clubcloud.com