Terms of Use

Effective Date: 4/24/25

IMPORTANT: IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON'T HAVE PERMISSION TO USE THECLUBHUB.ORG LLC (“CLUB HUB” OR “WE” OR “US”). ALWAYS GET AN ADULT’S PERMISSION BEFORE GOING ONLINE.
PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY CLUB HUB. THIS IS A BINDING AGREEMENT BETWEEN YOU AND CLUB HUB. BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THE SERVICES. PLEASE CONTINUE READING TO LEARN ABOUT THE RULES AND RESTRICTIONS THAT GOVERN YOUR USE OF CLUB HUB’S WEBSITE(S) AND ALL OTHER PRODUCTS, SERVICES AND APPLICATIONS MADE AVAILABLE BY CLUB HUB FROM TIME TO TIME (COLLECTIVELY, THE “SERVICES”).

1. User Representations

You represent and warrant to Club Hub that:

you are at least 18 years old (or, if you are not at least 18 years old, you have your parent’s permission to use the Services, and your parent has read and agrees to this Agreement on your behalf);
all registration information you submit is accurate and truthful;
you will maintain the accuracy of such information;
if you’re agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on the organization or entity's behalf and bind them to this Agreement (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection, use of, and access to the Services, including ensuring that you have permission to communicate with anyone you choose to interact with through the Services.

This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

2. Under-13 Users

The Children's Online Privacy Protection Act (“COPPA”) requires that online service providers notify parents of children in the United States and obtain their consent before they knowingly collect personally identifiable information online from children who are under 13 (“under-13 users”). Club Hub only collects personal information through the Services from under-13 users where that student’s school, district and/or teacher has agreed, via the terms described below, to obtain parental consent for that child to use the Services and disclose that personal information to Club Hub. Except as expressly set forth below, we do not knowingly collect or solicit personally identifiable information from under-13 users.

For under-13 users using Club Hub’s messaging or communications Services, we may collect a child's name (first and last name), date of birth, email address or telephone number, and the child's parent's email address. We collect these in order to notify the parent that we may contact the child for the purpose of providing the Services for which the child's teacher, Club Leader (as described below) or school administrator has signed up to use.
We may collect personal information through the Services from under-13 users but only in support of the learning environment. For Club Hub to collect this type of personal information, a student’s school, district or teacher must agree to obtain parental consent for that child to use the Services, or Club Hub must obtain that consent. The student’s school, district or teacher may disclose that personal information to us for a legitimate educational interest.
If you are a school, district, or teacher, you represent and warrant that you are responsible for complying with COPPA in cooperation with Club Hub, meaning you must obtain consent from all parents or guardians whose under-13 users will be accessing the Services or work with Club Hub to ensure Club Hub has obtained all necessary consents. If you are a teacher, you represent and warrant that you are authorized by your school or district to use the Services. You also represent and warrant that you are entering into this Agreement on behalf of your school or district.
If you are a school, district, or teacher providing consent on behalf of parents or guardians, you may be required to provide adequate school credentials and a valid school email address to verify your identity.
If we learn we have collected personal information from an under-13 user other than pursuant to the above, or if we learn an under-13 user has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that an under-13 user may have provided us personal information in violation of this paragraph, please contact us at privacy@clubhub.co.

3. User Types

This Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are:

If you are, for example, a student, teammate or faculty or staff member who joins or is invited to be or added as a member of a “Student Organization” (defined as a club, team, affinity group or other similar organization) by a Club Leader, you are a Participant.
If you are a student, teacher, faculty or staff member who leads a Student Organization of members, then you are a Club Leader.
If you are a faculty or staff member of a school or school district that has purchased Club Hub, and have been given administrative rights, then you are a Verified Administrator.
If you are agreeing to this Agreement on behalf of a school or school district, you are a School.

Please read on below to find out what additional terms apply to you.

3.1 Participants

If you are a Participant (such as a student, parent, or other individual who joins or is invited to join a Student Organization by a Club Leader):

You must get your parent or guardian to read and agree to this Agreement before using the Services if you are younger than 18.
You will only join School(s) and/or Student Organization(s) to which you have been invited, or to which you belong.
In certain cases, you may be invited to join a Student Organization by another Participant who is already a member of that Student Organization.
The Club Leader and other Participants of your Student Organization may be able to view information (including your personally identifiable information but not personal contact information), as well as your User Submissions (as defined below).
If you are connected to a School, Verified Administrators of the School will be able to see and edit your contact information. Verified Administrators may be able to add, remove, and/or move you from Student Organizations within the same School.

3.2 Club Leaders

If you are accessing the Services as a Club Leader (such as a student, teacher, faculty or staff member creating and/or managing a Student Organization) and inviting users to join as Participants:

The Services may allow you to invite users to join and/or to add users to your Student Organization(s).
You can invite Participants and other Club Leaders to your Student Organization by distributing URL links or QR codes containing such URL links, and communicate with those users (in some cases, there may be more than one Club Leader per Student Organization).
You may only share URL links or QR codes containing such URL links with Participants and Club Leaders whom you wish to subscribe to your Student Organization. If you plan to broadly or publicly publish these codes, you must manage the accuracy of your subscriber lists carefully. Club Hub will provide Participants with SMS opt-out instructions as required by applicable law.
It’s your responsibility to maintain and monitor the accuracy of the list of Participants for each of your Student Organizations.
If you are connected to a School, you may receive additional privileges from a Verified Administrator of your School. These privileges may include access to information and User Submissions (as defined below), including personally identifiable information and limited personal contact information (such as email addresses) of Participants and other Club Leaders in your Student Organization, as necessary for educational, administrative or communication purposes.
If you are connected to a Student Organization, Verified Administrators of that Student Organization may be able to join or send announcements to members of your Student Organization, add or update information in your Club Hub account profile, add, move or remove you from classes or groups affiliated with the Student Organization, and/or take other actions relating to your access and use of the Services through the Organization.

3.3 Schools

If you are a School (including a school or school district):
o You are responsible for maintaining the accuracy of the information relating to your School. If at any time you learn that a user of the Services claims to be affiliated with your School but is not, in fact, affiliated with your School, or of any other inaccuracy relating to your School’s information, you will remove that user from your School and, if appropriate, notify Club Hub immediately by contacting privacy@clubhub.co.

3.4 Verified Administrators

If Club Hub verifies you as a Verified Administrator of your School, you may have the ability to perform the following tasks:

invite and add Club Leaders and Participants to the Services,
view and manage users and information affiliated with your School, including message history which may include deleted messages,
add, move, or remove Club Leaders and Participants from Student Organizations affiliated with your School,
connect and upload or sync information relating to Club Leaders, Participants, Student Organizations using a data upload or syncing mechanism (such as, using CSV upload or through integration with your School Information Systems (SIS)),
join Student Organizations created by Club Leaders affiliated with your School,
communicate directly with other users affiliated with your School,
access and manage information and User Submissions (as defined below), and
view the contact information, which will include personally identifiable information, of all Club Hub users connected with your school or district, as appropriate, and see which of those users received communications from your School.
IF YOU CHOOSE TO DO ANY OF THE ABOVE, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS AND HAVE OBTAINED ALL CONSENTS AND AUTHORIZATIONS NECESSARY TO PERFORM SUCH TASKS AND THAT YOU WILL ONLY USE PERSONAL INFORMATION IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS. Club Hub may use the information you upload to the Services in order to verify Club Leaders’ and Participants’ affiliations and otherwise to help us provide you with the Services.

3.5 All Users

With respect to all users of Club Hub, whether you are a Participant, Club Leader, School, Student Organization or Verified Administrator:

IF YOU INVITE OR ADD ANYONE TO USE CLUB HUB AND/OR USE ANY FEATURE OF THE SERVICES WHICH REQUIRES SHARING PERSONAL INFORMATION OF ANYONE, YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED FREELY GIVEN, INFORMED CONSENT FROM EACH PERSON TO:
- RECEIVE SUCH INVITATION AND BE ADDED TO THE SERVICES;
- RECEIVE MESSAGES FROM CLUB HUB, OTHER PARTICIPANTS OF THE STUDENT ORGANIZATION, AND OTHERS WHO HAVE ACCESS TO YOUR STUDENT ORGANIZATION (SUCH AS, CLUB LEADERS AND VERIFIED ADMINISTRATORS); AND
- PROVIDE THAT PERSON’S PERSONAL INFORMATION TO CLUB HUB.

4. Use of the Services

4.1 Permitted Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal and non-commercial purposes only. You agree not to use the Services for any illegal or unauthorized purpose.

4.2 Prohibited Activities.

When using the Services, you agree not to:

Use or access, or attempt to use or access, the Services except as provided in this Agreement;
Use the Services to, intentionally or unintentionally, violate any applicable laws or regulations;
Interfere with or disrupt the functionality of the Services;
Use the Services in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party;
Use the Services in a manner that is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by Club Hub;
Attempt to gain unauthorized access to any part of the Services, website, servers, or networks;
Use any automated system, including robots, spiders, or scrapers, to access the Services;
Transmit any harmful or disruptive code, including viruses, malware, or spyware;
Download, modify, reproduce, adapt, translate, reverse engineer, disassemble, decompile, create derivative works based upon, publicly display, sell, rent, lease, loan, lend, license, sublicense, transfer or in any way commercially exploit any portion of the Services or the Content, except as, and to the extent, expressly permitted under this Agreement (if at all);
Use the Services in a manner that jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
Use the Services in a manner that attempts, in any manner, to obtain the password, account, or other security information from any other user, or otherwise impersonate any person or entity or misrepresent your affiliation with any person or entity; or
Collect or store personal data about other users of the Services.

4.3 Compliance with Laws.

Use of the Services is subject to all applicable laws and regulations. Nothing contained in this Agreement shall limit our right to comply with governmental, judicial, and legal requests or requirements relating to your use of the Services.

5. Intellectual Property

5.1 Ownership.

All content, materials, and information included in the Services, including but not limited to text, graphics, trademarks, logos, icons, images, videos, software, computer code, and other elements (collectively, “Content”), and the “look and feel,” layout, design, and arrangement of the Content, are the property of Club Hub or its licensors and are protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License.

You may view, download, and print Content from the Services solely for your own personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content. Any other use, including reproduction, distribution, or creation of derivative works, without our prior written consent, is strictly prohibited.

6. Content and User Submissions

6.1 Submitted Information

Anything you post, upload, share, store or otherwise provide through the Services are, together with any related intellectual property rights, your “User Submissions.” If you submit any information in connection with the Services, you represent and warrant that the information you provide is accurate, complete, and not misleading. You hereby grant Club Hub a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable (only to a successor) right and license to use your User Submissions for any purpose related to providing and/or improving the Services, and you also agree that we may use any information you provide in accordance with our Privacy Policy. Because your User Submissions may be viewed or accessed by other Club Hub users, you grant other Club Hub users a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable right and license to access, view, edit, and use your User Submissions as may be permitted through the functionality of the Services. All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such Content originated, and Club Hub will not be liable for any errors or omissions in any Content. Club Hub cannot guarantee the identity of any other users you may interact with in the course of using the Services. Additionally, Club Hub cannot guarantee the authenticity of any information that users may provide about themselves. You acknowledge that all Content accessed by you while using Club Hub is at your own risk and you will be solely responsible for any resulting damage or loss.

6.2 Data Ownership of User Submissions.

Any User Submissions, including but not limited to announcements, messages, and other communications, is considered the property of the applicable School. As such, this data cannot be deleted by you without the explicit consent of the applicable School. The School retains full access to and control over this data to ensure compliance with safety, educational, and legal requirements, including but not limited to COPPA and FERPA obligations. You acknowledge that once content is shared in connection with the Services, it may be accessed by authorized members of the applicable School community, and removal of such content is subject to the applicable School’s discretion.

6.3 Prohibited Content.

You agree not to submit any content that is illegal, offensive, defamatory, or that violates or infringes the rights of others. We reserve the right to delete or disable any such prohibited content and to terminate the accounts of any users that repeatedly submit any such prohibited content.

7. Privacy

We believe strongly in the protection of the privacy of users. Club Hub’s Privacy Policy (as Club Hub may amend from time to time) is incorporated into and made part of this Agreement. Any capitalized terms used, but not defined, in this Agreement have the respective meanings given to them in the Privacy Policy. Any personal information (for example, name, address, telephone number, or e-mail address) that we collect through, or for the purposes of, the Services will be used by us in accordance with the Privacy Policy. You hereby agree to the terms of the Privacy Policy and consent to our collection, use, and disclosure of your personal information in accordance therewith. If you represent or act on behalf of a school, you hereby represent, warrant, and covenant to us that you have obtained all consents and rights necessary for us to collect, use, and distribute student and staff information in connection with the Services.

8. Consent to Receive Messages

As part of the Services, you will receive communications through the Services, including messages that Club Hub sends you (for example, via SMS, emails, and push notifications). When a Club Leader adds a new Participant to a Student Organization, that Participant will receive a welcome message, instructions on how to stop receiving messages, and information on how to avoid certain charges by downloading the Club Hub application. Club Hub may inform Participants who have not replied that they will automatically be removed from the Student Organization. Club Hub may also send other administrative messages. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM CLUB HUB AS WELL AS CLUB LEADERS, STUDENT ORGANIZATIONS, AND PARTICIPANTS, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND CLUB HUB. If you connect to or use any Third-Party Services (as defined below) in conjunction with Club Hub, you acknowledge and consent to receive notifications and messages from those Third-Party Services. To permanently cease receiving SMS text messages, please text @STOP in reply to any SMS message from that Student Organization.

9. Disclaimer of Warranties

Club Hub has no special relationship with or fiduciary duty to you. You acknowledge that Club Hub has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Club Hub from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. Club Hub makes no representations concerning any content contained in or accessed through the Services, and Club Hub will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Club Hub makes no representations, warranties, or conditions regarding suggestions or recommendations of services or products (including Content provided by users) offered or purchased through the Services. THE SERVICES, THE CONTENT AND ANY SOFTWARE ARE PROVIDED AS IS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM CLUB HUB OR ANYONE ELSE. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE CONTENT WILL BE ACCURATE, COMPLETE OR ERROR-FREE, TO THE FULLEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WHATSOEVER AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL CLUB HUB OR ANY OF ITS EMPLOYEES, DIRECTORS, MANAGERS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON IN CONNECTION WITH OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THIS WEBSITE AND ITS CONTENTS:

FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $1,000 OR THE FEES PAID BY YOU TO CLUB HUB HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM;
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, HARDWARE, SYSTEM, NETWORK OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF CLUB HUB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES;
FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
FOR ANY MATTER BEYOND CLUB HUB’S REASONABLE CONTROL.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Club Hub, its affiliates, and their respective members, managers, officers, directors, employees, and agents (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, fees and expenses, including reasonable attorneys’ fees, that result from any claim or allegation (“Claim”) arising out of or related to: (a) your access to or use of the Services, our website or its Content, (b) your violation or alleged violation of applicable laws, (c) your negligence or willful misconduct in connection with your use of the Services, our website or its Content, (d) your breach or alleged breach of any provision of this Agreement or (e) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity. Club Hub will use reasonable efforts to provide you with notice of any such Claim. Club Hub will have the right to participate in the defense of any such Claim at its expense, and you will not enter into any settlement that admits any liability on behalf of any Indemnified Parties without the prior written consent of the applicable Indemnified Parties.

12. Third-Party Service Providers and Links

References in our Services to any names, marks, products or services of third parties (“Third-Party Services”) or hypertext links to Third-Party Services or information are provided solely as a convenience to you. We do not endorse, recommend or control these Third-Party Services, and we are not responsible for their website, information, product, service, content or practices. If you use those websites, you will leave our website. Your use of Third-Party Services is at your own risk and subject to their respective terms and policies. By using the Services, you expressly relieve and hold harmless Club Hub from any and all liability arising from your use of any Third-Party Services.

13. International Users

The Services and this website are controlled, operated and administered by Club Hub from its offices within the United States. Club Hub makes no representation that materials on this website are appropriate or available for use at other locations outside of the United States and access to such materials from territories where their Content is illegal is prohibited. You may not use the Services or the website or export the Content of the website in violation of U.S. export laws and regulations. If you access the Services or this website from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations.

14. Termination, Suspension and Survival

This Agreement will remain in full force and effect until terminated by either you or Club Hub. You may terminate this Agreement at any time by contacting us at privacy@clubhub.co. Note, if you become a user through a School or Student Organization, and you request that Club Hub delete your account, Club Hub may notify the School or Student Organization(s), as applicable, (and the Club Leader(s) of the Student Organization(s) you are in) of your deletion request. Club Hub may, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice, without liability of any kind. Upon termination or expiration of this Agreement for any reason: (a) all rights granted to you under this Agreement will terminate; and (b) you will immediately cease all use of and access to the Services and your account. Upon termination of your account, your right to use the Services and any Content will immediately cease; however, Club Hub may retain messaging data or other data and information pursuant to this Agreement, as necessary for auditing purposes, and as required by law. Remember that communications with others in which you participated will remain available to those other users. You acknowledge and agree that Club Hub may disable or terminate your access to all or any part of the Services, including your account, with or without notice, for any or no reason, in its sole discretion (which may result in the forfeiture of all information associated with your account), without liability of any kind. Without limiting Club Hub’s right to terminate this Agreement, Club Hub may also suspend your access to the Services, your account or any Content, with or without notice to you, without cause or upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by Club Hub in its sole discretion, to be inappropriate or detrimental to Club Hub or any third party. Any section of this Agreement which, by its nature, should survive the termination of this Agreement shall so survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

15. Modifications to the Terms

We may modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services or notifying you by email or by some other means. If you don't agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services. Your use of the Services in any way following notification by Club Hub constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time. We'll provide you notice when we make a material change to the Services that would adversely affect you.

16. Governing Law and Arbitration

This Agreement and any disputes arising out of or related to your use of the Services shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of laws principles, unless a state’s laws explicitly require that any legal disputes are governed by the laws of that state. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in Wilmington, Delaware or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

17. Equitable Relief

You acknowledge that any breach or threatened breach of this Agreement by you may result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, Club Hub will be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. Club Hub will be entitled to the relief described in this section without the requirement of posting a bond. If Club Hub seeks any equitable remedies, it will not be precluded or prevented from seeking remedies at law, nor will it be deemed to have made an election of remedies.

18. Miscellaneous

18.1 Miscellaneous Terms

If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable or invalid, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall otherwise continue in full force and effect. Any waiver by either party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. Club Hub will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Club Hub’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. This Agreement is not assignable, transferable or sublicensable by you except with Club Hub’s prior written consent. Club Hub may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Club Hub in any way whatsoever. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.

18.2 Contact Information

If you have any questions or concerns about this Agreement, you can contact Club Hub as follows: send an e-mail to us at privacy@clubhub.co. Club Hub is located at the following address:
Club Hub
345 West 58th Street, Apt. 4A
New York, NY 10019

18.3 Disclosures: California Residents.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18.4 Waiver of Specific State Law Rights.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.