Terms of service.

 

 These Terms of Service were last modified November 2021.

Welcome to Clubbie, an online technology and sports concierge service (“Service”) operated by Clubbie LLC (“Clubbie,” “we,” “our,” or “us”), and offered via the clubbieservice.com website, that provides concierge services to professional athletes, as well as those individuals or entities legally representing said professional athletes (“Players,” “Agents”, "you"). 

Please read these Terms of Service Agreement (“TOS” or “Agreement”) carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, except where prohibited, an agreement to arbitrate on an individual basis (unless you opt out), and obligations to comply with applicable laws and regulations.


ACKNOWLEDGEMENT & ACCEPTANCE

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by this Terms of Service Agreement.  This Agreement, together with the Privacy Policy, applies to Players and Agents, and other parties who access the Service (“Users,” used interchangeably with “you,” “Players,” and “Agents” throughout this Agreement). “User” means you as an individual player, as well as any agent or entity using the Service on the behalf of any Player, and you represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or such Player.

Modification. Clubbie reserves the right, at our sole discretion, to modify our Services or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Services. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Clubbie Account within thirty (30) days, in which case the previous effective version of these Terms will apply to you, unless you have used the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

If you have any questions for us concerning the Agreement, or Clubbie generally, please contact us at info@clubbieservice.com. 


USE OF THE SERVICE

The Service is offered to Users who are 18 years of age or older and are legally permitted to enter into leases for short-term housing in the United States. Use of the Service is permitted only by individuals who can form legally binding contracts under applicable law. If you do not qualify, do not use the Service. By using the Service, you represent and warrant that you are 18 years of age or older and otherwise meet all eligibility requirements herein.


APPLICATION DATA YOU PROVIDE AS A USER

To use the Service, You may be required to provide to us, directly or indirectly, with the following types of information (which shall be referred to collectively as “Application Data”):

Clubbie requires Users to provide the following information:

  • First and last name of Player

  • Phone Number, Email Address of Player

  • Current Organization and level of Player

  • By providing your phone number, you agree to receive text messages from Clubbie and data rates may apply. Message frequency varies. Reply STOP to cancel.

Feedback

In the event that you provide us with any feedback regarding the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Service (“Feedback”), you hereby assign to us all rights, including intellectual property rights, in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.


HOW WE USE APPLICATION DATA

The data provided and maintained by Clubbie will be used in its discretion, which includes but is not limited to:

1. Provide relevant information to our Service and third-party partners (“Landlords,” or “Partners”) as needed in order to enter into leases and other agreements for Service; 

2. Send communications on Your behalf to effect the intended purposes of the applicable Service; and 

3. any other use that we, or any Partners, describe at the point where we collect data or information with Your consent. 

Aggregated & Statistical Application Data Rights. Notwithstanding any other provision of this Agreement, Clubbie shall own all right, title and interest to any anonymized aggregated and statistical data created, generated and/or derived from the Application Data and use of the Service. If Clubbie does not automatically own any anonymized aggregated and statistical data upon its creation, You hereby assign all right, title and interest, including intellectual property rights, in and to such aggregated and statistical data to Clubbie.


COMMUNICATING WITH YOU

You authorize Clubbie, inclusive of its agents, affiliates and independent contractors, to contact you at the email address or telephone number that you have provided to Clubbie for advertisement, telemarketing, solicitation or other purposes.

You also agree that all information you provide to register with the Service is governed by our Privacy Policy, and you consent to all actions Clubbie takes with respect to your information consistent with its Privacy Policy. Where it is permitted by law, Clubbie may rely on implied consent.


INTELLECTUAL PROPERTY

Copyright

We respect the intellectual property rights of others and act in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any of your work has been copied or was otherwise used in a way that constitutes copyright infringement, please immediately notify our designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please include the following information in writing to our designated Copyright Agent: (a) a physical or electronic signature and the contact information of the person authorized to act on behalf of the owner of the copyright, (b) a description of the copyrighted work you claim has been infringed, (c) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material (including the URL address), (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and (e) a statement that the information in the Notification is accurate, and, under penalty of perjury, a statement that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Please be advised that pursuant to federal law you may be held liable for damages if you make a material misrepresentation in the Notification. Thus, if you are not certain that your copyright has been infringed, you should consider consulting an attorney.

Our Copyright Agent can be reached at the following address:

Clubbie LLC

1311 Clark Lane 

Redondo Beach, CA 90278

Attention: Copyright Agent

Email: info@clubbieservice.com.


If you believe your own copyrighted material has been removed as a result of a mistake or misidentification, you may submit a written counter notification to our designated Copyright Agent using the contact information provided above (“Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (a) identification of the information that has been removed or disabled and the location at which the material appeared before it was removed or disabled, (b) a statement that you consent to the jurisdiction of the U.S. Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located, (c) a statement that you will accept service of process from the party that filed the Notification or the party’s agent, (d) your name, address and telephone number, (e) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, and (f) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.

RELEASE

IN EXCHANGE FOR THE SERVICE PROVIDED BY US AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, USER EXPRESSLY AGREES TO RELEASE CLUBBIE, ITS OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE, EXCEPT THAT THIS RELEASE DOES NOT APPLY TO CLAIMS BY YOU DIRECTLY ARISING OUT OF CLUBBIE’S MATERIAL BREACH OF THIS AGREEMENT, OR TO THE EXTENT THE FOREGOING RELEASE IS PROHIBITED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

NO WARRANTIES

WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS SERVICE FOR ANY PURPOSE. WE DO NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SERVICE OR FOR ANY DAMAGE TO YOUR PERSONAL PROPERTY OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SERVICE. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS SERVICE. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.

LIMITATIONS OF LIABILITY

Clubbie will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, Clubbie may restrict access to some parts of the Service, or the entire Service, to User. Clubbie does not make any representations or guarantees regarding availability of the Service.

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, OR THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SERVICE, (2) THE CONDUCT OF A USER, PLAYER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WE ARE NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE SERVICE OR THE ENFORCEMENT OF THE TERMS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, CONSUMER USERS, ADVERTISERS AND/OR SPONSORS ON THE SERVICE, IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. IN NO EVENT WILL CLUBBIE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EVEN IF FORESEEABLE, EXCEED THE SUM OF ALL FEES PAID BY YOU TO CLUBBIE IN THE PREVIOUS SIX (6) MONTHS. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECURITY

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk.


JURISDICTION AND CHOICE OF LAW

This Agreement is governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. If there is any legal suit, action, proceeding or other dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions.

The Service is controlled and operated by Clubbie from its offices within the United States and is intended only for users meeting the requirements to contractually enter into a lease for property in the United States. The Service is not intended to subject Clubbie to any non-U.S. jurisdiction or law. 

Legal disputes for owners and guests residing in the United States


PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CLUBBIE HAVE AGAINST EACH OTHER ARE RESOLVED.


Subject to applicable law, the Parties agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Services or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.


Applicable Law. Except as otherwise stated in the Agreement, the Agreement and your use of the Services will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.


Agreement to Arbitrate. The Parties each agree that any and all disputes or claims that have arisen or may arise at any time between you and Clubbie (including its respective subsidiaries, employees, officers, directors, agents, and third-party claims administrators) will be resolved by binding arbitration according to the procedure set forth below. For purpose of this Agreement to Arbitrate, “disputes and claims” shall have the broadest possible meaning that will be enforced and includes, without limitation, any and all disputes and/or claims that arise out of or in any way relate to (1) the Agreement, including this Agreement to Arbitrate; (2) your use of, or access to the Services, or any services sold, offered, or purchased through the Services (such as listing or renting/leasing); or (3) any breach, enforcement, or termination of the Agreement, including this Agreement to Arbitrate. Through this Agreement to Arbitrate, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court. The only exceptions to this Agreement to Arbitrate are: (1) each Party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the “Agreement to Arbitrate”); and (2) disputes or claims that can be brought in small claims court. The Federal Arbitration Act and the laws of the state of California govern the interpretation and enforcement of this Agreement to Arbitrate.


Prohibition of Class and Representative Actions and Non-Individualized Relief. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.


Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.


Where the relief sought is $25,000 or less, the arbitration will be conducted by FairClaims in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is $25,001 or more, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.


A Party who intends to seek arbitration must first send to the other, by email, a notice of dispute (“Notice”). The Notice to Clubbie should be sent via email to info@clubbieservice.com. Please provide your name, telephone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Clubbie.


If the Parties are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, either Party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the FairClaims website or the AAAs site. (The AAA provides a Demand for Arbitration form.) Any settlement offer made by you or Clubbie shall not be disclosed to the arbitrator.


Any FairClaims arbitration hearing shall be held via written submission, or where requested, videoconference. Any AAA arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. Either Party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the Parties subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Clubbie may attend by telephone.


The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Clubbie user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.


The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities.


Costs of Arbitration. If You initiate arbitration proceedings, You will be responsible for the initial filing fee, capped at $200. Clubbie will cover any additional costs of any FairClaims arbitration fees. Payment of any additional filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in the Agreement to Arbitrate.


Severability. With the exception of the provisions in the section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and its Legal Disputes Section will continue to apply.


Opt-Out Procedure. IF YOU ARE A NEW CLUBBIE USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION BY EMAILING US AN OPT-OUT NOTICE TO INFO@CLUBBIESERVICE.COM EMAIL ADDRESS ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF YOUR FIRST USE OF CLUBBIE’S SERVICES AS A RENTER OR LANDLORD, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your Clubbie Account(s) to which the opt-out applies and to.  This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement, these Terms, and its Legal Disputes Section will continue to apply to you.


Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if we make any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed against Clubbie prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to these amended terms, you may close your account within the 30 days of our posting or notification and you will not be bound by the amended terms, but will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Clubbie, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.


Judicial Forum for Legal Disputes. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order, or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between the Parties must be resolved exclusively by a state, federal, or small claims court located in San Diego, California. The Parties agree to submit to the personal jurisdiction of a state court located in [Insert County] County, San Diego, Florida or a United States District Court for the District of [Insert] located in San Diego, California..


NO THIRD-PARTY BENEFICIARIES

Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than Clubbie and the Users, any benefit, right or remedy.


SURVIVAL

The provisions of these Terms of Service shall survive and continue to apply after our relationship expires or has been terminated for any reason, except where otherwise required by the context.


MISCELLANEOUS

Under no circumstances will Clubbie be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond Clubbie’s reasonable control.

If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions.

The failure by Clubbie to enforce any right or provision of this Agreement will not prevent Clubbie from enforcing such right or provision in the future.

No delay, failure or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by an acts of war; terrorism, hurricanes, earthquakes and other acts of God or of nature, fire or flood; strike or labor unrest; degradation of telecommunications service; degradation of computer services not under the direct control of such party; or other causes beyond the performing party’s reasonable control.

Clubbie may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. User may not assign rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without Clubbie’s prior written consent.

Clubbie may send notices pursuant to this Agreement to User’s email contact points provided by User, and such notices will be deemed received at the time they are sent. User may send notice pursuant to this Agreement to the email address below, and such notices will be deemed to be received at the time they are sent.

CONTACT INFORMATION

If User has questions or comments about the Service or this Agreement, please contact us at info@clubbieservice.com.