Terms

CLUBLENDER, INC.

TERMS OF USE

Introduction

Clublender, Inc. (“Clublender”, “Us” or “We”) provides its Website (“Site”) for your use, subject to these Terms of Use and your compliance with all applicable laws and regulations. Please read these Terms of Use carefully. By clicking “Accept” or by accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms of Use. Clublender reserves the right to revise these Terms of Use, and if we do we will notify you of the changes and obtain your agreement to the changes. If you do not agree to these Terms of Use or to any changes made hereto, please do not visit or use the Site. Your continued use of the Site after notice of changes to these Terms of Use constitutes your acceptance of such changes.

Use Of The Site

Clublender maintains the Site for your non-commercial, personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Clublender. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you must not access or use the Site.

Code of Conduct

While using this Site, you agree not to:

Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking,” “denial of service” attacks or defacing any portion of the Site;
Use the Site for any unlawful or unauthorized purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about Us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us;
Engage in spamming or flooding;
Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of the Site;
“Frame” or “mirror” any part of the Site without our prior written authorization;
Tamper in any way with the software or functionality of the Site, including, without limitation, transmitting or posting any software or other materials to the Site that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way gather or extract discount coupons or other content on or available through the Site, or otherwise reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about visitors to or users of the Site without their express consent;
Create a database by systematically downloading and storing all or any of the information on the Site;
Make postings of a commercial nature; or
Permit others, including those whose accounts were terminated, to access the Site through your account, username or password.

Making Reservations

All reservations and transactions made through the Site are subject to Clublender’s acceptance, which is in our sole discretion. Without limitation, this means that Clublender may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.

If you wish to make reservations or to purchase or request products or services described on the Site, you may be asked by us (or, if you are purchasing or requesting the product or service through a co-branded area of the Site, by the provider of such product or service) to supply certain data applicable to your reservation or purchase, including, without limitation, credit card information and other personally identifiable data about you. You understand that any such personally identifiable data will be treated by us in the manner described in our Privacy Policy and, if a Clublender co-branded provider is involved, such data will be treated by such provider in the manner set forth in that provider’s privacy statement; you acknowledge that we are not responsible for the information collection or privacy practices of these providers or any other third parties. You agree that all data that you provide in making reservations or purchases or requesting services will be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the rate(s) or price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes or fees relating to your purchases and reservations.

Verification of submitted data may be required prior to our acceptance of any reservation, purchase or order. Except as otherwise required by law or as otherwise expressly stated by us, price, rate and availability of products or services are subject to change without notice. You acknowledge that reservations, purchases and services are subject to additional terms and conditions imposed by us or by our affiliates, licensees or associates, including our Rental Agreement.

Gift Cards

Clublender Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by Clublender, Inc. Your use of the services available via www.clublender.com, even when purchased via gift card, shall be subject to all Clublender’s terms of service. When you purchase, receive or redeem a Gift Card, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Gift Card terms and conditions. We reserve the right to change these terms and conditions from time to time at our discretion. All terms and conditions are applicable to the extent permitted by law. Any dispute or claim relating in any way to Gift Cards will be resolved in accordance with the Disputes section of the Clublender Terms.

Gift Card purchases are deducted from the redeemer’s Gift Card balance. Any unused Gift Card balance will be placed in the redeemer’s account in the form of another Gift Card. If a purchase exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method in the purchaser’s account.

No fees apply to Gift Cards. Gift Cards expire five years from the issue date but cannot be used to purchase other gift cards or be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.

Clublender reserves the right to any remedy, including refusal to issue or honor a Clublender Gift Card in the event of suspected fraud. We will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on clublender.com.

Site Modifications

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

We reserve the right, without prior notification, to change any descriptions or images of, references to, or prices of, any products or services on the Site, or to limit the order quantity on any such product or service and/or refuse service to you. We note that descriptions or images of, or references to, third party products or services do not necessarily imply our endorsement of such products or services.

Privacy Policy

Clublender takes your privacy seriously. Any information submitted on or collected through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

Links to Other Sites

The Site may include links to third-party Websites. Clublender does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it.

Coupons

Clublender may provide specific discount coupons from time to time for the exclusive use of employees or members of specific entities with which Clublender has a contractual relationship. These entity-specific coupons and the proprietary codes affixed on them are our proprietary property and may only be used by the employees or members of the specific entities for which the coupons apply. UNAUTHORIZED USE OR DUPLICATION OF ANY OF OUR ENTITY-SPECIFIC DISCOUNT COUPONS IS STRICTLY PROHIBITED.

Flexible Booking Policy

Seven or more days prior to the start of the Rental Period (defined in the Rental Agreement), and before Clublender has shipped the customer’s order, the customer may cancel an order for a full refund.

For a description of the refund schedule closer to the start of the Rental Period, please refer to the “Cancellation Policy” section of the Rental Agreement.

Timing and Quality Assurance

We attempt to make sure that the customer gets exactly what he or she is wanting, but if the selected equipment does not arrive on-time, i.e., by 9pm on the day prior to the customer’s requested first date of play, or is not what the customer has ordered, Clublender will issue the customer a partial or full refund and/or reimbursement for on-course rental equipment based on the following schedule:

If Clublender is able to initiate the shipment on its typical schedule, and if the equipment does not arrive on-time, Clublender will provide the customer with his or her choice of a full refund or of a partial refund to reflect the number of days by which the rental period is necessarily shortened due to the late arrival. “Typical schedule” here means that Clublender has been able to provide the customer’s order to Clublender’s shipping partner with enough time, according to the shipping partner’s published schedule, to arrive by the evening before the customer’s first day of play). For example, if a customer has rented equipment for a two-day rental period, and the equipment does not arrive until the rental start date, the customer will be entitled to either a full refund for the equipment (if the customer chooses this option, Clublender will initiate the return of the equipment to one of its fulfillment hubs) or to a partial refund for the “second-day” rate.
If Clublender is not able to initiate the shipment on its typical schedule, or if, due to a different mistake by Clublender, the equipment does not arrive on-time, the customer will have the same choice between a full and a partial refund as enumerated above and the customer will be entitled to reimbursement by Clublender of an on-course rental for the same number of sets included in the customer’s original order. To receive reimbursement for that on-course rental, the customer must provide an invoice to Clublender.

Refunds on Sales of Used Equipment

A customer who has purchased used equipment from Clublender may return, for a full refund, any used equipment to Clublender provided that:

the customer has not used the equipment, and that
the customer hands the equipment to UPS for return within two business days of having received the equipment from Clublender.

Beyond the two-day period point, the equipment is non-refundable.

Electronic Communications

By using the Site, you consent to receiving electronic communications and notices from Clublender. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Intellectual Property

All copyrightable text, graphics, sound, downloads, software and other material (collectively, the “Content“), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by Clublender and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Site may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to info@clublender.com. Clublender does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.

Claims of Copyright Infringement

If you believe that materials posted on the Site violate your intellectual property rights, please contact Clublender at info@clublender.com. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.

Use of Information Submitted

You agree that Clublender is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.

No Warranty

While we use our reasonable best efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.

Use of Clublender’s Label Provision Service

If you use Clublender’s label provision service, sometimes referred to as “Labels by Clublender,” you agree that Clublender takes no responsibility for the damage, loss, or late arrival of your or anyone else’s equipment having been sent using one of the labels with which Clublender provided you.

If Clublender sends you a container, including a bag, box, or otherwise, within which to ship your or anyone else’s equipment, you agree that the use of that container does not change the appropriation of responsibility outlined above, i.e., Clublender is still not responsible for the damage, loss, or late arrival of your or anyone else’s equipment having been sent using one of the labels with which Clublender provided you, even if the equipment has been shipped in a container that Clublender has provided.

You agree that Clublender is not responsible for the honoring of a declaration of value by any shipping carrier. Certain shipping carriers have specific guidelines regarding under what circumstances, and to what extent, those carriers will cover the declared value of a customer’s equipment. Clublender may attempt to clarify the carrier’s guidelines to the customer, but you agree that you are ultimately responsible for understanding the guidelines of the carrier of whose label(s) you are availing yourself.

These guidelines may include, but are not limited to, certain requirements regarding which of the carrier’s physical locations equipment must be taken to in order for a declared value to be honored. UPS, for example, may require that in order for declared value above a certain amount to be honored, i.e., for the customer to be reimbursed by UPS in the case of damage or loss by UPS during shipment, the customer must leave the equipment at a UPS Customer Center or directly with a UPS driver, as opposed to at a UPS Store.

UPS may also require that the customer print a Shipment Receipt and obtain a signature from the relevant UPS representative.

Limitation Of Liability

IN NO EVENT SHALL CLUBLENDER, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

Indemnity

You agree to indemnify and hold Clublender and its related companies and each of their respective directors, officers, employees and agents (the “Released Parties”) harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site, any Clublender product or service, or your violation of any law or the rights of any person.

Disputes

These Terms of Use shall be governed by and construed solely in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. You and Clublender agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site, and any products or services rented or purchased via the Site, under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Los Angeles County in the State of California. You covenant not to sue or attempt to sue Clublender in any other forum or jurisdiction. You also acknowledge and understand that, with respect to any dispute with any of the Released Parties arising out of or relating to your use of the Site, products or services rented or purchased via the Site, or these Terms of Use: (1) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; (2) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND (3) YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

General

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and Clublender in connection with your use of the Site.

Contact Us

If you have any questions about these Terms of Use, please contact us at info@clublender.com.