Terms of Service — carclub.org

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN AN ASSUMPTION OF RISK, A RELEASE OF CLAIMS, AN INDEMNITY IN FAVOR OF carclub.org, A LIMITATION OF LIABILITY, A JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER. IF YOU ARE ACCEPTING ON BEHALF OF A CAR CLUB OR OTHER ORGANIZATION, PART II ALSO IMPOSES PERSONAL OBLIGATIONS ON YOU AS AN INDIVIDUAL. THESE TERMS AFFECT YOUR LEGAL RIGHTS.

These Terms are organized in three parts. Part I applies to everyone who uses the Platform. Part II applies in addition to Part I to every Organization that operates on the Platform and to the individuals who run it. Part III applies to everyone and contains the disclaimers, limitation of liability, indemnification, and dispute resolution provisions that every User and every Organization accepts. All matters relating to personal information are governed by our Privacy Policy, which may be updated from time to time, and which can be found on our website, and is incorporated into these Terms.

PART I. TERMS FOR ALL USERS

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, requesting or accepting an Organization tenant, or clicking or otherwise affirmatively indicating your acceptance of these Terms, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. Mere browsing of publicly accessible pages without creating or using an account does not, by itself, constitute acceptance of these Terms. If you do not agree, you may not create or use an account or use features of the Platform.

1.3 Who is bound and how

These Terms apply to every person and/or entity who uses the Platform. Individuals who use the Platform as members, applicants, guests, or visitors (each a “User” or “Member”) are bound by Parts I and III. The car clubs, cars-and-coffee groups, car shows, HPDE and track-day groups, off-road groups, motorcycle clubs, motorsports organizations, and other groups that operate on the Platform (each an “Organization” or “Club”), and each individual who administers or acts for one, are bound by Parts I, II, and III. The protections these Terms give carclub.org are cumulative: an Organization and its Principal accept every obligation a User accepts, plus the additional obligations in Part II.

1.4 Authority

If you accept these Terms on behalf of an Organization or other entity, you represent and warrant that you have full legal authority to bind that entity. The Organization is bound by these Terms upon your acceptance. You are individually bound only to the extent these Terms expressly impose obligations on you in your individual capacity as a User, Principal, or Administrator, including as provided in Section 18.

2. DEFINITIONS

“Administrator” means the Principal and any other individual an Organization designates, or permits, to hold an administrator, officer, moderator, or similar elevated role within the Organization’s tenant.

“Event” means any event, drive, meet, cruise, track day, run group, off-road run, race, show, or other activity that is planned, announced, promoted, ticketed, mapped, routed, or conducted using the Platform.

“Member Content” means any content, information, or materials that a 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 Content” means content that an Organization or its Administrators submit, upload, post, or transmit in their organizational capacity, including Organization-created Owner’s Manual pages, event descriptions, routes, photographs, announcements, and messages. Organization Content does not include Member Content submitted independently by a User merely because that Member Content appears within an Organization’s tenant.

“Organization Data” means information that an Organization submits, uploads, imports, or causes to be submitted to the Platform about its members, applicants, guests, prospects, prohibited persons, vendors, sponsors, and operations, including CSV imports and information pulled from Discord or other systems.

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

“Principal” means the individual or individuals who request an Organization tenant or affirmatively accept these Terms on an Organization’s behalf.

“Released Parties” means carclub.org LLC and its members, managers, officers, employees, contractors, volunteers, attorneys, insurers, owners, affiliates, and agents.

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

3. ELIGIBILITY

Accounts and authenticated or interactive features of the Platform are intended solely for individuals who are at least eighteen (18) years of age. By creating or using an account, 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 an account. Publicly accessible pages may be viewable without an account. If we learn that an account holder is under 18, we may suspend or terminate that account and delete associated data, subject to applicable law.

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 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 (the “Owner’s Manual”), 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, 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, Organization Content, listing, vendor, venue, location, posting, or Event. Any reliance you place on such material is at your own risk.

6. MEMBER CONTENT AND LICENSE

6.1 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.

6.2 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 the purposes of operating, providing, securing, maintaining, improving, and promoting the Platform, and of making your Member Content available to other Users in accordance with your settings and the settings of any Organization to which you submit it. Except as separately noted in our Privacy Policy, this license does not permit carclub.org to sell or license un-randomized and identifiable non-public Member Content to third parties for their independent commercial purposes.

6.3 Scope

The license in Section 6.2 includes the right to use names, usernames, vehicle information, and likenesses contained in Member Content only as reasonably necessary for the purposes described in Section 6.2 and as disclosed in our Privacy Policy. The license ends when the applicable Member Content is deleted from the Platform or your account is terminated, except that we may retain copies for reasonable backup, security, fraud-prevention, legal-compliance, and recordkeeping purposes, and content previously shared with or copied by other Users may remain outside our control. Our processing of Personal Information is governed by the Privacy Policy.

6.4 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.

7. 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;
use the Platform to plan, announce, promote, or coordinate any illegal street racing, speed contest, takeover, sideshow, drifting or burnout on public roads, reckless driving, trespass, or any other unlawful activity; 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, suspending or terminating accounts or tenants, and reporting unlawful activity to law enforcement if necessary.

8. EVENTS, ACTIVITIES, AND ASSUMPTION OF RISK

MOTORSPORTS AND RELATED ACTIVITIES ARE INHERENTLY DANGEROUS. Events involve serious and unavoidable risks, including risk of property damage, serious bodily injury, and death, whether to you or to others.

8.1 Not the organizer

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

8.2 Assumption of risk

You knowingly and voluntarily assume all risks associated with your participation in, travel to or from, and presence at any Event, whether or not those risks are foreseeable, and whether they arise from the conduct of other participants, spectators, vendors, venues, other road users, weather, road or track conditions, vehicle condition, or any failure, error, delay, or unavailability of the Platform.

8.3 Release

To the fullest extent permitted by law, you release, waive, and discharge 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, 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. You expressly waive the benefit of any statute or rule of law that would otherwise limit a general release to claims known or suspected at the time of acceptance.

8.4 Your responsibility

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

8.5 Routes and locations

Any route, meeting point, map pin, or location shown on the Platform is Member Content or Organization Content, not a recommendation by carclub.org. We do not verify that any road, route, or location is safe, open, legal to use, or suitable for any vehicle or activity.

9. 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, title, legality, or transaction. We are not a broker, dealer, auctioneer, escrow agent, or party to any sale except to the extent applicable law treats a particular Platform function otherwise. You transact at your own risk and are responsible for inspecting items, verifying counterparties, and complying with all applicable laws, including title, registration, emissions, safety, consumer-protection, tax, and online-marketplace requirements. Sellers must provide information reasonably requested by carclub.org to satisfy any identity-verification, disclosure, recordkeeping, or reporting obligation applicable to the Platform.

10. PAYMENTS, DUES, FEES, AND REFUNDS

10.1 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.

10.2 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.

10.3 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.

10.4 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.

11. 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.

12. 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, or use it to build a competing product, except as permitted by law.

13. PRIVACY AND DATA

Our collection, use, disclosure, retention, and other processing of Personal Information, and your rights and choices regarding it, are governed by our Privacy Policy, which is incorporated into these Terms. Any sale, sharing, targeted advertising, or other regulated secondary use of Personal Information will occur only as disclosed in the Privacy Policy and as permitted by applicable law. Where these Terms and the Privacy Policy address the same data matter, the Privacy Policy controls.

14. COPYRIGHT AND DMCA

We respect intellectual property rights and maintain a policy reasonably designed to address repeat copyright infringement. If you believe content on the Platform infringes your copyright, you may send a notice under the Digital Millennium Copyright Act to our designated copyright agent at the contact information identified in our DMCA Policy and, where applicable, in the U.S. Copyright Office’s designated-agent directory. A valid notice should include the information required by 17 U.S.C. § 512(c)(3), including your physical or electronic signature; identification of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act. We may remove or disable access to material in response to a valid notice and may terminate repeat infringers in appropriate circumstances. If material is removed in response to a notice, we may notify the affected User and process any counter-notification in accordance with 17 U.S.C. § 512(g). Our current DMCA procedures and designated-agent information will be maintained in a DMCA Policy available through the Platform.

15. 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, 8, 9, 10.3, 13, 18, 21.3 through 21.9, 22.2, 22.3, 23, 24, 25, 26, 28.4, and 29 through 35, and any accrued rights and obligations.

16. 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.

PART II. ADDITIONAL TERMS FOR ORGANIZATIONS

17. APPLICATION OF PART II

17.1 Who this Part binds

This Part II applies to every Organization, to every Principal, and to every Administrator. By requesting a tenant, accepting these Terms for an Organization, or administering an Organization’s tenant, you agree to this Part II in addition to Parts I and III. In the event of a conflict between this Part II and the rest of these Terms as applied to an Organization, this Part II controls, except that Section 13 governs any conflict concerning Personal Information. Nothing in this Part II reduces any protection carclub.org has elsewhere in these Terms or in the Privacy Policy; the protections are cumulative.

17.2 Purpose

The Platform is offered to Organizations at no charge. In exchange, and as a condition of being provisioned a tenant, each Organization agrees to the allocation of responsibility in this Part II. The core of that allocation is simple: carclub.org provides software and the Organization runs the Organization. Everything that happens at, around, or because of the Organization’s activities, membership decisions, Events, communications, venues, vendors, sponsors, and finances is the Organization’s responsibility, not ours.

17.3 Administrators

The Organization is responsible for every act and omission of its Administrators on the Platform as if it were the Organization’s own, and for keeping its Administrator list current and limited to individuals it trusts. Each Administrator is also individually bound by Parts I and III.

18. AUTHORITY, UNINCORPORATED ORGANIZATIONS, AND PERSONAL OBLIGATIONS OF THE PRINCIPAL

18.1 Authority

Each Principal represents and warrants that he or she is at least 18 years of age, has full authority to bind the Organization to these Terms, and has been authorized to do so by whatever governing body, officers, or members the Organization’s own rules require.

18.2 Unincorporated Organizations

Many clubs are informal groups that have never formed a corporation, LLC, or other legal entity. If the Organization is not a legal entity in good standing under the laws of a U.S. state when it accepts these Terms, or later ceases to be one, then each Principal agrees that he or she is a party to these Terms personally and is bound by every obligation of the “Organization” in these Terms, jointly and severally with the Organization and with any other person who acts as a proprietor, organizer, or officer of the Organization. IF THE ORGANIZATION IS NOT A LEGAL ENTITY IN GOOD STANDING, THE PRINCIPAL AND/OR PRINCIPALS IS PERSONALLY LIABLE FOR EVERY OBLIGATION OF THE ORGANIZATION UNDER THESE TERMS, INCLUDING THE RELEASE IN SECTION 24 AND THE INDEMNITY IN SECTION 26.

18.3 Personal obligations in all cases

Each Principal is individually bound by Parts I and III in the Principal’s capacity as a User and personally represents that the authority representation in Section 18.1 is true. If the Organization is a legal entity in good standing, a Principal does not personally guarantee the Organization’s obligations under Section 26 solely by reason of serving as a Principal. Nothing in this Section limits liability for a Principal’s own fraud, willful misconduct, knowing violation of law, breach of Section 18.1, or other personal act or omission for which liability may lawfully be imposed. If Section 18.2 applies because the Organization is not a legal entity in good standing, the broader personal obligations stated there apply.

18.4 Change of Principal

If a Principal leaves the Organization or is replaced, the Organization must promptly notify us and cause a successor Principal to affirmatively accept these Terms on behalf of the Organization through the Platform or another acceptance process we provide. The Organization remains fully bound notwithstanding any change of Principal. A former Principal remains responsible for obligations incurred while acting as Principal and for any personal obligations that expressly survive termination of that role.

18.5 Electronic Organization Acceptance

As a condition of provisioning or continuing an Organization tenant, we may require the Organization and each Principal to affirmatively accept these Terms through the Platform or another electronic acceptance process we provide, which may include a separate acknowledgment of Section 18.2 and of the Principal’s personal obligations. We may record the Organization’s name, entity type and jurisdiction, the Principal’s name, title and email address, the version of these Terms accepted, and the date, time, and IP address of acceptance. Such acceptance binds the Organization and binds the Principal to those obligations expressly applicable to the Principal under these Terms. No separate signature or written acknowledgment is required unless we specifically request one.

19. TENANT PROVISIONING, LICENSE, FEES, AND SUPPORT

19.1 Tenant

Following an intake call, we may provision a tenant for the Organization at a URL we assign, configure available features, and, if the Organization elects, assist with importing member and event data from a CSV file or another system. We may decline to onboard, or may limit the features available to, any Organization in our sole discretion.

19.2 License to use the Platform

Subject to these Terms, we grant the Organization a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform, through its Administrators and members, to operate the Organization’s lawful motorsports-related activities. All rights not expressly granted are reserved.

19.3 No fees; reserved right to charge

We currently charge the Organization no platform fee. Stripe’s payment processing fees apply to transactions the Organization chooses to process and are paid to Stripe, not to us. We reserve the right to introduce fees, paid tiers, or opt-in paid services in the future on at least thirty (30) days’ notice; the Organization may terminate under Section 28 rather than pay any new fee.

19.4 Changes

The Platform is provided on an as-available basis. We may add, change, limit, suspend, or discontinue any feature, or the Platform as a whole, at any time. We make no commitment regarding uptime, response time, support, data backup, or continuity of service, and we may perform maintenance without notice. The Organization is responsible for maintaining its own current copies of any data it cannot afford to lose.

19.5 Support

We provide onboarding assistance and administrator training as a courtesy. Any support we provide is on a reasonable-efforts basis, at our discretion, and without any obligation to respond within any particular time. Nothing we say during onboarding, training, or support, and nothing on our website, constitutes legal, tax, insurance, or safety advice.

19.6 Tenant security

The Organization is responsible for all activity under its tenant and its Administrators’ credentials, whether or not authorized by the Organization. The Organization will require Administrators to use strong, unique credentials, will remove access for any Administrator who leaves or should no longer have it, and will notify us immediately at info@carclub.org of any suspected compromise.

20. CARCLUB.ORG IS A TECHNOLOGY PROVIDER ONLY

The Organization acknowledges and agrees that carclub.org:

(a) provides software and hosting only, and does not organize, host, sponsor, promote, sanction, supervise, staff, inspect, insure, or control any Event;

(b) does not verify the identity, age, licensure, driving record, insurance, vehicle condition, experience, or fitness of any Administrator, member, applicant, guest, spectator, vendor, sponsor, venue, or other person, and does not screen anyone the Organization admits, invites, hires, or lists;

(d) does not review, approve, or endorse any Event, route, location, map pin, listing, forum post, waiver, rule, application, or other content the Organization or its members create;

(e) is not a party to any transaction, membership, contract, or relationship between the Organization and its members, applicants, guests, vendors, sponsors, venues, or anyone else; and

(f) is not the Organization’s agent, partner, joint venturer, employer, insurer, or fiduciary, and has no duty of care to the Organization, its members, or any third party arising from the Organization’s use of the Platform.

The Organization will not represent to anyone, including any venue, vendor, sponsor, or governmental body, that carclub.org organizes, sponsors, sanctions, insures, or is responsible for any Event or for the Organization, and will correct any such misunderstanding promptly.

21. ORGANIZATION RESPONSIBILITIES AND REPRESENTATIONS

The Organization is solely responsible for, and represents and warrants that it will comply with all laws applicable to, each of the following:

21.1 Its own operations

The Organization’s structure, governance, bylaws, rules, membership requirements, roles, screening, admissions, denials, removals, prohibited lists, dues, pricing, refunds, communications, sponsorships, vendor relationships, venue relationships, and every other aspect of running the Organization.

21.2 Events

Planning, permitting, staffing, safety, and conduct of every Event, including: obtaining all permits, venue agreements, road-use approvals, sanctioning-body approvals, and police or emergency services arrangements required; setting and enforcing safety rules, tech inspections, run groups, instructor requirements, speed limits, and conduct standards; providing adequate insurance, medical, fire, recovery, and communication resources; and complying with all traffic, noise, environmental, land-use, food-service, alcohol, and other laws at each Event location and along any route.

21.3 Waivers and releases

Deciding what waivers, releases, assumption-of-risk agreements, emergency contacts, and medical acknowledgments each Event requires; drafting them (or having counsel draft them) so they are valid and enforceable in the relevant jurisdiction; and ensuring they are actually signed by every participant, guest, and spectator who should sign them. The Platform’s waiver feature records the signer’s identity, IP address, and timestamp as a convenience only. We make no representation that any waiver hosted on the Platform is valid, enforceable, sufficient, or properly executed, we are not a party to any waiver, and we are not responsible for any failure of the waiver feature or any loss of waiver records. The Organization will keep its own copies of signed waivers for as long as its counsel advises.

21.4 Insurance; venues, vendors, and sponsors

Maintaining insurance appropriate to the Organization’s activities, which for any on-track, competitive, timed, high speed, or off-road activity should at minimum include general liability and participant legal liability coverage in commercially reasonable amounts. In addition:

(a) The Organization is solely responsible for satisfying every insurance, indemnity, additional-insured, and certificate requirement imposed by any venue, track, property owner, municipality, sanctioning body, or permitting authority for any Event.

(b) Every venue, vendor, sponsor, food or beverage vendor, instructor, photographer, tow or recovery operator, and other third party the Organization engages, admits, or allows to participate in or sell at an Event must either be covered under the Organization’s own insurance or carry its own insurance adequate for its activities, with certificates provided to the Organization and, where required, to the venue. Food and beverage vendors must carry their own product and general liability coverage and hold all required health permits unless the Organization has expressly assumed that coverage under its own policy. The Organization will make whatever other arrangements a venue requires so that no venue, vendor, sponsor, or other third party is left uninsured for its own activities at an Event.

(c) The Organization will not enter into any venue, vendor, sponsor, or other agreement that names carclub.org, purports to bind carclub.org, or makes carclub.org responsible for any insurance, indemnity, fee, damage, or obligation, and will ensure that no such agreement lists carclub.org as an organizer, promoter, or party.

(d) Upon our request, the Organization will provide certificates of insurance and, for any track, HPDE, competitive, or off-road activity, will use commercially reasonable efforts to have carclub.org LLC named as an additional insured.

(e) The Organization acknowledges that carclub.org carries no insurance that covers the Organization, its Events, its members, or any venue, vendor, sponsor, or third party.

21.5 Payments and taxes

All amounts the Organization collects through the Platform are collected through Stripe under the Organization’s own Stripe account or a Stripe connected account for which the Organization is the merchant of record. The Organization is solely responsible for Stripe’s terms, setting prices, describing what members are paying for, honoring or declining refunds, resolving disputes and chargebacks (including any fees or reserves Stripe imposes), collecting and remitting sales, use, admissions, and other taxes, issuing receipts, and reporting income. carclub.org does not hold, owe, guarantee, escrow, or insure any funds, and is not responsible for any Stripe action, hold, reversal, or account closure.

21.6 Content and moderation

All Organization Content. The Organization is the moderator of its own tenant and will promptly remove content that is unlawful, defamatory, harassing, infringing, dangerous, or otherwise in violation of these Terms. The Organization will handle takedown requests directed to it and will cooperate with any takedown we make under Section 14. The Organization will not maintain any “prohibited” or “banned” list, or publish any statement about an individual, in a manner that is defamatory, discriminatory, or otherwise unlawful, and is solely responsible for any claim arising from such lists or statements.

21.7 Member relationships

Every dispute, complaint, injury, refund request, discrimination claim, harassment claim, expulsion, or other issue that arises between the Organization and any member, applicant, guest, vendor, sponsor, venue, other Organization, or other person. The Organization will not refer such persons to carclub.org and will not represent that carclub.org can resolve their issue.

21.8 Marketplace

Everything that occurs in the Organization’s marketplace: the Organization acknowledges that carclub.org is not a party to, does not screen, and is not responsible for any listing, item, description, price, payment, delivery, condition, authenticity, title, legality, or transaction, and that the Organization is responsible for ensuring that its marketplace is not used for the sale of stolen property, unregistered or emissions-noncompliant vehicles where prohibited, firearms, controlled substances, or any other item whose sale is unlawful in the relevant jurisdiction.

21.9 Third-party integrations

The Organization’s use of Discord, Stripe, Google services, and any other third-party service connected to its tenant, and compliance with those services’ terms. We are not responsible for any third-party service or for any content that flows to or from it.

22. ORGANIZATION DATA

22.1 Privacy Policy governs

All processing of Personal Information by carclub.org, including Personal Information contained in Organization Data, is governed by our Privacy Policy. The respective legal roles of the Organization and carclub.org depend on the nature and purpose of the processing and applicable law. To the extent carclub.org processes Organization Data solely to provide tenant functionality on the Organization’s behalf and applicable law recognizes a processor, service-provider, or contractor role, carclub.org will process that data in that capacity and subject to any legally required contractual restrictions. For Personal Information that carclub.org collects directly from Users for account administration, platform security, platform-wide communications, analytics, or other independently determined purposes described in the Privacy Policy, carclub.org may act as an independent business or controller. Nothing in these Terms expands either party’s rights to process Personal Information beyond what applicable law permits.

22.2 Organization representations

The Organization represents and warrants that the following are true. Each Principal personally represents only that the Principal has authority as stated in Section 18.1 and has not knowingly caused the Organization to submit Organization Data in violation of this Section:

(a) before submitting any Organization Data, the Organization has provided all notices and obtained all consents, authorizations, and other rights required under applicable law for that information to be submitted to and processed through the Platform for the purposes described in these Terms and the Privacy Policy;

(b) the Organization has informed its members that, by joining the Organization’s tenant, they will be bound by these Terms and the Privacy Policy, and has directed them to those documents;

(c) the Organization’s collection, use, and submission of Organization Data does not violate any law, any contract, or any privacy policy or promise the Organization has made to anyone;

(d) the Organization will not submit to the Platform any information about a person under 18, any government identification number, any payment card number, any health, biometric, or genetic information, or any other category of data that we prohibit in writing, except through a feature we have expressly designed for it;

(e) the Organization will not use directory exports, member lists, contact information, or any other data obtained through the Platform for any purpose other than operating the Organization, and will not sell, rent, or disclose such data to any third party except as the affected individuals have authorized; and

(f) Organization Data is accurate to the best of the Organization’s knowledge.

22.3 No targeting of Organizations’ members for competing events

carclub.org will not use an Organization’s Organization Data, or the membership roster of an Organization’s tenant, to target that Organization’s members with direct promotions for Events that compete with that Organization’s Events, or to solicit those members to leave the Organization or join a different Organization. This commitment does not restrict carclub.org from: (a) sending platform-wide communications to Users based on lawful platform-level criteria, including product updates and announcements of public Events generally available through the Platform; (b) listing public Events and public Organizations in the Platform’s directories and search results, or in general newsletters that are not targeted by Organization; (c) responding to a User who independently seeks out another Organization or Event; or (d) exercising any other right described in the Privacy Policy. Nothing in this Section makes carclub.org the organizer, sponsor, promoter, or operator of an Event merely because carclub.org displays or communicates information about that Event. This Section 22.3 is the sole commitment carclub.org makes on this subject and does not create any exclusivity or non-compete obligation.

22.4 Privacy requests and incidents

The Organization will respond to privacy requests from its own members concerning its own practices, and will promptly forward to info@carclub.org any request directed at carclub.org. Each party will notify the other without undue delay upon becoming aware of any unauthorized access to Organization Data that is in that party’s possession or control, and will reasonably cooperate in the response. The Organization is responsible for any notification obligations arising from its own systems, its Administrators, or its members.

22.5 Public visibility

Certain Organization Content and Organization Data, such as public Events, public club listings, and any content the Organization or its members mark as public, may be displayed on publicly accessible pages of the Platform, including the “Find events” and “Find clubs” directories, and indexed by search engines. The Organization is responsible for its own privacy and visibility settings.

23. ORGANIZATION CONTENT LICENSE; NAME AND LOGO

23.1 License to Organization Content

The Organization grants carclub.org a worldwide, non-exclusive, royalty-free, fully paid-up, and sublicensable license to host, store, reproduce, technically modify, format, transmit, display, and distribute Organization Content as reasonably necessary to operate, provide, secure, maintain, and improve the Platform and to make Organization Content available in accordance with the Organization’s settings and instructions. The Organization also authorizes carclub.org to use public Organization Content to identify and promote the Organization’s presence on the Platform. Except as separately agreed in writing, this license does not permit carclub.org to sell or license non-public Organization Content to third parties for their independent commercial purposes or to use non-public Organization Content to train general-purpose artificial-intelligence models. The Organization represents that it has the rights necessary to submit the Organization Content and grant the rights stated in this Section.

23.2 Name, marks, and logo

The Organization grants carclub.org a non-exclusive, royalty-free license to use the Organization’s name, logo, and marks to identify the Organization on the Platform and as a user of the Platform in our website, marketing, and investor or partner materials, including in “clubs on carclub.org” features. The Organization may revoke the marketing portion of this license on thirty (30) days’ written notice, which will not require us to recall materials already distributed.

24. ORGANIZATION ASSUMPTION OF RISK AND RELEASE

MOTORSPORTS AND RELATED ACTIVITIES ARE INHERENTLY DANGEROUS. THEY INVOLVE SERIOUS AND UNAVOIDABLE RISKS OF PROPERTY DAMAGE, SERIOUS BODILY INJURY, AND DEATH, TO PARTICIPANTS AND TO OTHERS.

24.1 Assumption of risk

The Organization and each Principal knowingly and voluntarily assume all risks associated with every Event and every activity that is planned, announced, promoted, ticketed, mapped, routed, or conducted using the Platform, whether or not those risks are foreseeable, and whether they arise from the conduct of members, guests, spectators, vendors, sponsors, venues, other road users, weather, road or track conditions, vehicle condition, or any failure, error, delay, or unavailability of the Platform (including its waiver, ticketing, RSVP, map, route, and notification features).

24.2 Prohibited activities

The Organization will not use the Platform for any activity prohibited by Section 7, and will promptly remove any such content posted by members. The Organization acknowledges that illegal street racing, takeovers, sideshows, and similar activity expose it and its Administrators to criminal and civil liability, and that we may suspend or terminate the tenant immediately and report such activity to law enforcement if necessary.

24.3 Routes and locations

The Organization is responsible for scouting, vetting, and communicating the conditions of every route and location it uses, and acknowledges Section 8.5.

24.4 Release

TO THE FULLEST EXTENT PERMITTED BY LAW, THE ORGANIZATION AND EACH PRINCIPAL, FOR THEMSELVES AND THEIR SUCCESSORS, OFFICERS, MEMBERS, AND ASSIGNS, RELEASE, WAIVE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, AND LIABILITIES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO ANY EVENT, THE ORGANIZATION’S USE OF THE PLATFORM, ORGANIZATION DATA, ORGANIZATION CONTENT, ANY VENUE, VENDOR, OR SPONSOR RELATIONSHIP, OR ANY ACT OR OMISSION OF ANY MEMBER, ADMINISTRATOR, GUEST, OR THIRD PARTY, 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. The Organization and each Principal expressly waive the benefit of any statute or rule of law that would otherwise limit a general release to claims known or suspected at the time of acceptance.

25. ORGANIZATION ACCEPTABLE USE

In addition to Section 7, the Organization will not, and will not permit its Administrators or members to: use the Platform to send unsolicited commercial messages; import contact lists except where the Organization has a lawful basis and all required permissions to do so; use the Platform in connection with any business that is not a bona fide motorsports, automotive, or motorcycle enthusiast organization without our written consent; permit any person under 18 to create an account or access authenticated tenant features; or copy, modify, reverse engineer, scrape, resell, sublicense, or create derivative works from the Platform, or use it to build a competing product.

26. ORGANIZATION INDEMNIFICATION

26.1 Scope

In addition to Section 31, the Organization will indemnify, defend, and hold harmless the Released Parties from and against any and all third-party claims, demands, suits, proceedings, investigations, damages, judgments, settlements, fines, penalties, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees, expert fees, and costs of investigation) arising out of or relating to the matters listed below. A Principal is not jointly and severally liable for the Organization’s indemnity solely by reason of serving as a Principal; however, a Principal will indemnify the Released Parties to the extent a claim arises from that Principal’s own fraud, willful misconduct, knowing violation of law, or breach of the authority representation in Section 18.1:

(a) any Event, including any bodily injury, death, or property damage to any person;

(b) the Organization’s use of the Platform or any act or omission of any Administrator, member, applicant, guest, spectator, vendor, sponsor, or venue of the Organization;

(c) any claim, demand, or contractual obligation asserted by or on behalf of any venue, track, property owner, vendor, sponsor, food or beverage vendor, instructor, municipality, sanctioning body, or other third party the Organization engaged, admitted, or dealt with in connection with an Event, including any claim that carclub.org is responsible for insurance, indemnity, fees, damage, or cleanup;

(d) Organization Data or Organization Content, including any claim that it infringes, misappropriates, or violates any right of any person, or any claim relating to privacy, data protection, unsolicited communications, defamation, or a prohibited or banned list;

(e) any waiver, release, or safety measure the Organization used, failed to use, or that proved invalid, unenforceable, or insufficient, and any failure to maintain or require the insurance described in Section 21.4;

(f) dues, tickets, fees, refunds, chargebacks, taxes, or any other financial matter between the Organization and any person, and any Stripe account of the Organization;

(g) any marketplace listing or transaction within the Organization’s tenant;

(h) any claim by a member, applicant, guest, or other person against carclub.org relating to the Organization, its decisions, its Events, or its conduct;

(i) the Organization’s breach of these Terms or any law, or the inaccuracy of any representation in these Terms; and

(j) any activity prohibited by Section 7 or 24.2.

26.2 Procedure

We will give the Organization reasonable notice of any claim for which we seek indemnity, provided that any delay does not relieve the Organization of its obligations except to the extent it is materially prejudiced. We may, at our option, assume and control the defense of any claim with counsel of our choosing, at the Organization’s expense, and the Organization will cooperate fully. The Organization will not settle any claim in a manner that admits fault on our behalf, imposes any obligation on us, or fails to release us fully, without our prior written consent.

26.3 Independent of insurance

The Organization’s indemnity obligations are independent of, and not limited by, any insurance the Organization carries or is required to carry.

27. ORGANIZATION NOTICES

Notices to the Organization may be sent by email to any Principal’s address on file or by posting within the tenant, and are effective when sent or posted. The Organization is responsible for keeping each Principal’s contact information current.

28. ORGANIZATION TERM, SUSPENSION, AND TERMINATION

28.1 Term

Part II applies to an Organization from the date it first requests or accepts a tenant and continues until terminated under this Section 28.

28.2 Termination by the Organization

The Organization may terminate its tenant at any time by written notice to info@carclub.org and ceasing use of the Platform.

28.3 Suspension and termination by carclub.org

We may suspend or terminate the Organization’s tenant, any Administrator’s access, or the Organization’s rights under these Terms at any time, with or without cause, and with or without notice, including if we believe the Organization has breached these Terms, has used the Platform for any activity prohibited by Section 7, has exposed us to legal or reputational risk, or if we discontinue the Platform. Where practical and where the termination is without cause, we will try to give thirty (30) days’ notice, but we are not obligated to do so.

28.4 Effect of termination; data

On termination, the Organization’s license to use the Platform ends and its Administrators and members will lose access to the tenant. For thirty (30) days after termination, unless prohibited by law or the termination was for a violation of Section 7 or 25, we will make available a CSV export of the Organization’s member list and event records that we are able to generate with the Platform’s standard tools. After that period we may delete, retain, de-identify, or continue to use information from the tenant as described in the Privacy Policy, and we have no obligation to retain or return anything. Members’ own accounts and content are governed by Part I and are not the Organization’s to demand.

28.5 Assignment of tenant

The Organization may not assign or transfer its tenant without our prior written consent, and any attempt to do so is void. A change in the Organization’s control, name, or governing body does not relieve it of these Terms.

PART III. TERMS APPLICABLE TO EVERYONE

29. DISCLAIMERS

THE PLATFORM, ALL FEATURES, ALL ONBOARDING AND SUPPORT SERVICES, AND ALL CONTENT 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, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT WAIVERS, TICKETS, RSVPS, PAYMENTS, NOTIFICATIONS, OR DATA WILL BE DELIVERED, RECORDED, OR PRESERVED; THAT DATA WILL NOT BE LOST OR CORRUPTED; THAT ANY WAIVER HOSTED ON THE PLATFORM IS ENFORCEABLE; OR THAT ANY ORGANIZATION, USER, EVENT, ROUTE, LOCATION, LISTING, VENDOR, VENUE, OR CONTENT IS ACCURATE, RELIABLE, SAFE, OR LAWFUL. YOU USE THE PLATFORM AND PARTICIPATE IN EVENTS AND TRANSACTIONS AT YOUR OWN RISK.

30. 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, MEMBERS, DUES, 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). AMOUNTS PAID TO STRIPE OR TO AN ORGANIZATION ARE NOT AMOUNTS PAID TO carclub.org.

These limitations are a fundamental basis of our willingness to provide the Platform, including at no charge to Organizations, and 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.

31. INDEMNIFICATION BY ALL USERS

You agree to indemnify, defend, and hold harmless the Released Parties from and against third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) to the extent arising out of or relating to: your Member Content; Organization Data you personally submit without authorization; your violation of these Terms or applicable law; your infringement or violation of a third party’s rights; or your negligent, reckless, willful, fraudulent, or unlawful conduct in connection with the Platform, an Event, or a transaction. We may assume the exclusive defense of any matter subject to indemnification, in which case you will reasonably cooperate with us. Organizations are additionally bound by Section 26, and Principals are bound to the extent stated in Sections 18 and 26.

32. DISPUTE RESOLUTION; CLASS ACTION AND JURY WAIVER

32.1 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 County, New York, and you consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

32.2 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.

32.3 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.

32.4 Time to bring claims

Any claim arising out of or relating to these Terms or the Platform must be filed by you within one (1) year after the claim arose, except to the extent applicable law prohibits contractual shortening of the limitations period or requires a longer period for the particular claim; otherwise the claim is permanently barred and you can no longer bring it. This Section 32.4 does not apply to claims by carclub.org for indemnification under Section 26 or 31 or to enforce Sections 7, 12, 22, or 25.

32.5 Attorneys’ fees

Except where applicable law provides otherwise, each party will bear its own attorneys’ fees and costs in any dispute arising out of or relating to these Terms. Nothing in this Section limits a court’s authority to award fees or costs where authorized by statute, rule, sanction, or another provision of these Terms.

32.6 Equitable relief

You acknowledge that a breach of Sections 7, 12, 22, or 25 may cause us irreparable harm for which money damages are inadequate, and that we may seek injunctive relief without posting a bond.

33. CHANGES TO THESE TERMS

We may update these Terms and the Privacy Policy from time to time. If we make material changes, we will provide reasonable advance notice, such as through the Platform or, for Organizations, by email to a Principal’s address on file at least thirty (30) days before the change takes effect, except that changes required by law or reasonably necessary to address a security or legal risk may take effect sooner. Where a change materially expands a User’s obligations, materially reduces a User’s rights, or applicable law requires renewed assent, we may require affirmative acceptance before the User may continue using affected authenticated features. For other changes, continued use of the Platform after the effective date constitutes acceptance to the extent permitted by law. If you do not agree, you must stop using affected features, and an Organization may terminate under Section 28.2.

34. GENERAL PROVISIONS

34.1 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, discussions, proposals, and intake calls on that subject, including any prior version of these Terms and any separate organization agreement. No statement made during onboarding or support modifies these Terms.

34.2 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 32.3 is held unenforceable as to any claim, that claim will be severed and brought individually in court, but the remainder of Section 32 will continue to apply.

34.3 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, financing, or sale of assets.

34.4 No waiver

Our failure to enforce any provision is not a waiver of our right to do so later. Any waiver must be in writing.

34.5 Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including hosting or third-party service outages, internet failures, and acts of government.

34.6 Relationship

Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and carclub.org. There are no third-party beneficiaries of these Terms other than the Released Parties.

34.7 Interpretation

Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against either party as drafter. You acknowledge that you have had the opportunity to review these Terms with counsel of your choosing.

34.8 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 info@carclub.org. An electronic acceptance recorded by the Platform, including the acceptor’s identity, the Organization on whose behalf the acceptance was made, the version of these Terms accepted, IP address, and timestamp, is valid evidence of acceptance of these Terms.

35. CONTACT US

Questions about these Terms may be directed to carclub.org LLC at info@carclub.org. Privacy requests should be directed as described in the Privacy Policy.