Terms & Conditions
Agreement between User and Clubson
Welcome to Clubson (“CLB”). The CLB website (the "Site") is comprised of various web pages operated by CLB. Your use of this Site and the Services herein is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the "Terms"). Your use of this Site and the Services herein constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
CLB is an E-Commerce Site.
Privacy
Your use of the Site and the Services herein is subject to CLB's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site or sending emails to CLB constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity including, but not limited to, any coupons, discounts, and/or promotions. You acknowledge that CLB is not responsible for third party access to your account that results from theft or misappropriation of your account. CLB and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
CLB does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site and the Services herein only with permission of a parent or guardian.
Cancellation/Refund Policy
All sales are final. If you received the wrong item or your order was damaged in shipping, we are happy to send you a replacement. You must notify us of any issues with your order within 7 days of receiving your order. Please reach out to us at heyclubson@gmail.com. In your email, please include a photo of the item you received, your order number, and a short description of the damage to your order.
Links to Third Party Sites/Third Party Services
This Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CLB and CLB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CLB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CLB of the site or any association with its operators.
Certain services may be made available by delivery through third party sites and organizations. By using any product, service or functionality originating third party sites and organizations, you hereby acknowledge and consent that CLB may share such information and data with any third party with whom CLB has a contractual relationship to provide the requested product, service or functionality on behalf of CLB’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to CLB that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CLB and protected by intellectual property laws including, but not limited to, trademarks, copyright, and other laws that protect intellectual property and proprietary rights.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CLB content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use the content on the Site solely for your personal use and will make no other use of the content without the express written permission from CLB. CLB does not grant you any licenses, express or implied, to the intellectual property of CLB or its licensors except as expressly authorized by these Terms.
Indemnification
You agree to indemnify, defend and hold harmless CLB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CLB reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CLB in asserting any available defenses.
Mediation/Arbitration
In the event of a dispute arising out of the use of the Site or the Agreement, CLB and the user agree to mediate the same. If mediation fails and CLB and the user are unable to resolve their dispute, then the parties shall submit their dispute to a binding arbitration before the Judicial and Arbitration and Mediation Services, Inc. (“JAMS”). The parties agree that the outcome of the arbitration shall be binding. The parties shall arbitrate such dispute in the County of Los Angeles in California. California law shall apply to any such arbitral proceedings. The prevailing party shall be entitled attorneys’ fees and costs. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CLB AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CLB AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CLUBSON AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination/Access Restriction
CLB reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CLB as a result of this agreement or use of the Site. CLB's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CLB's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CLB with respect to such use.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CLB with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CLB with respect to the Site.
Changes to Terms
CLB reserves the right, in its sole discretion, to change the Terms herein. The most current version of the Terms will supersede all previous versions. CLB encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
CLB welcomes your questions or comments regarding the Terms:
Email Address: heyclubson@gmail.com
Effective as of June 17, 2024.