Terms & Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on Car Club Booker’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Car Club Booker’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Car Club Booker at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Car Club Booker reserves the right to remove Caluib Data for clubs with past due accounts where 30 days have occurred without subscription payments and/or where the account is not brought up to date.

Car Club Booker reserves the right to terminate service of clubs for any of the following reasons:

1. Attempted system attack, intrusion or any other activity designed to access club or payment data not associated with your club.
2. System misuse resulting in degradation of service (e.g. reduced performance, system downtime, loss of data).
3. Inappropriate or offensive use of the service by any user – whether an admin, coordinator, teacher or user.

3. Indemnity

1. You agree to defend, indemnify and hold harmless Car Club Booker officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
   1. your use of and access to the carclubbooker.com website;
   2. use by users of your club or organization;
   3. your violation of any term of these Terms of Service;
   4. system downtime or system performance (e.g. page load time);
   5. system functionality that does not work as expected or published;
   6. loss of Club Data whether accidental or through intent (e.g. by a third party gaining access to site data)
   7. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
   8. any claim that the service caused a reduction in donations, reduction in revenues, club absences, club shutdown, reduction in event attendance or member participation in club or other activities

   This defense and indemnification obligation will survive these Terms of Service and your use of the carclubbooker.com website.

4. Disclaimer

1. The materials on Car Club Booker’s web site are provided “as is”. Car Club Booker makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Car Club Booker does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

5. Refund Policy

Car Club Booker subscriptions are “auto-renewing,” meaning we will bill your credit card each month, on the anniversary of the calendar day of your subscription, until you cancel. If the calendar day on which you subscribed does not exist in the following month(s), the billing date will be the last day of the following month. For example, if you subscribe on June 10, your next billing date is July 10. If you subscribe on March 31, your next billing date is April 30.

For billing purposes, we will keep your credit card information on file and may occasionally ask you to update it. You may cancel your monthly subscription prior to the next billing date to avoid future charges by notifying Car Club Booker in writing or via the Site. If you terminate your membership access to Car Club Booker for you and users at your club will be terminated immediately. No refund will be given for any unused days (e.g. the period between cancellation and the next billing date). To clarify Car Club Booker does not provide partial-month (prorated) refunds.

Should you cancel your subscription, or if your subscription should lapse (e.g. your credit card expires or regular monthly payment does not occur for any reason) Car Club Booker will retain your Club Data for up to 30 days. Should you or an authorized representative of the same club start a subscription for the club within this 30 day period then Car Club Booker will make reasonable efforts to restore access to your Club Data and provide continued access to your users.

Club Data: Club Data refers to information stored on Car Club Booker’s systems relating to member information (names, contact details, car details) and club information (events, news, car photos, car descriptions, awards) and user information (logins, passwords and user roles).

6. Limitations

In no event shall Car Club Booker or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit or donations, reduction in event attendance, or due to business interruption,) arising out of the use or inability to use the materials on Car Club Booker’s Internet site, even if Car Club Booker or a Car Club Booker authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

7. Revisions and Errata

The materials appearing on Car Club Booker’s web site could include technical, typographical, or photographic errors. Car Club Booker does not warrant that any of the materials on its web site are accurate, complete, or current. Car Club Booker may make changes to the materials contained on its web site at any time without notice. Car Club Booker does not, however, make any commitment to update the materials.

8. Links

Car Club Booker has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Car Club Booker of the site. Use of any such linked web site is at the user’s own risk.

9. Site Terms of Use Modifications

Car Club Booker may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10. Governing Law

Any claim relating to Car Club Booker’s web site shall be governed by the laws of the State of Montana without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.