1. AGREEMENT BETWEEN USER AND QuickClub
These Terms of Service (the “Terms”) are a contract between you (“User,” “you,” or “your”) and SportsPilot Inc., a Texas corporation (together with its affiliates, “QuickClub”), and governs your use of the QuickClub Application and services (the “Services”). “QuickClub,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting. Using the QuickClub Services means that you must accept all of the terms and conditions contained in these Terms. You should read all of these terms carefully. The QuickClub Application is comprised of various Web services operated by QuickClub.
The QuickClub Application is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the QuickClub Web Site constitutes your agreement to all such terms, conditions, and notices.
In these Terms we refer to links to other websites and third-party sites and services as “Linked Sites.” We refer to bulletin board services, chat areas, calendars, fundraisers, public aspects of your profile (including bio and profile picture), comment sections, and/or other message or communication facilities designed to enable you to communicate with a group as "Communication Services," and to the materials you provide to these Communication Service (including feedback and suggestions) though posting, uploading, inputting, or submitting to QuickClub Services as “Submissions.” We refer to the individual who creates and controls a fundraising Campaign as “Payment Creator,” to their fundraising Campaigns as “Campaigns,” to those contributing the funds as “Contributors,” and to the funds they contribute to the “Contributions.” Contributors and other individuals who use the QuickClub Services, including you, the individual agreeing to these Terms, are referred to collectively as “Users.” These Users are in titled groups with other Users that we refer to as “Clubs.”
QuickClub reserves the right to change the terms, conditions, and notices under which the QuickClub Application is offered, including but not limited to the charges associated with the use of the QuickClub Application. Substantial changes to the Terms will be preceded by a notice to Users that can be accessed by the Users on the QuickClub website for a reasonable period before the change is in place.
4. LINKS TO THIRD PARTY SITES
The QuickClub Application may contain Linked Sites. The Linked Sites are not under the control of QuickClub and QuickClub 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. QuickClub is not responsible for any loss or damage incurred by the user due to their interaction with Linked Sites as access or use of Linked Sites are at each User’s own risk. QuickClub is not responsible for webcasting or any other form of transmission received from any Linked Site. QuickClub is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by QuickClub of the site or any association with its operators.
5. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the QuickClub Application, you warrant to QuickClub that you will not use the QuickClub Application for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the QuickClub Application in any manner which could damage, disable, overburden, or impair the QuickClub Application or interfere with any other party's use and enjoyment of the QuickClub Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the QuickClub Application.
6. USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
· Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
· Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
· Utilize pornographic, violent, or otherwise harmful images as a profile image
· Conduct or forward pyramid schemes or chain letters.
· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Communication Services.
· Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
· Violate any applicable laws or regulations.
QuickClub reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. QuickClub reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. If a User is found in violation of the rules defined for the Communication Services, they will be subject to the rights reserved by QuickClub in Termination/Access Restriction section of the Terms.
QuickClub reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in QuickClub's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. QuickClub does not control or endorse the content, messages or information found in any Communication Service and, therefore, QuickClub specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service, as well as any actions taken by other Users as a result of the information they received from your Submissions to QuickClub. You acknowledge and agree that you are solely responsible for ensuring the safety and integrity of your account. You are responsible for maintaining your account credentials in such a way that there can be no doubt you managed your account to the best of your ability to prevent breeches of security. You also agree that you will create your account with information that truly reflects your legal identity, payment information, and contact information. If any of this information changes, you agree to update this information in QuickClub upon the next use of our Services. Managers and hosts are not authorized QuickClub spokespersons, and their views do not necessarily reflect those of QuickClub.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
7. USE OF CAMPAIGN SERVICES
The QuickClub Application contains fundraising and money exchange services designed to enable you to collect monies for a variety of Campaigns described as, Fundraisers, Member Payments, and Dues. QuickClub is not a charity, but we do facilitate the Contributions transaction between the Contributor and the Campaign Owner. Users with the titles of owner, manager, treasurer, and officer are able to create Campaigns only in the respective Club in which they have said titles. Only the Campaign creator is capable of withdrawing the Contributions made during the Campaign. As a Contributor, you agree that all payment information and personal information submitted to QuickClub is true and actively updated to reflect any changes. You also that all Contributions are final and that a refund will not be issued unless QuickClub, in its sole discretion, agrees to issue a refund. Contributors are solely responsible for investigating and verifying the validity of the Campaign they wish to contribute to, and all Contributions are made at the sole discretion and risk of the Contributor. QuickClub will not be held liable for any losses or damages. All transactions are subject to an online processing fee detailed at http://quick.Club/faqs/pricing. Without limiting the foregoing, you agree to not use QuickClub services and Campaigns for:
· Adult content.
· Counterfeit or possibly counterfeit goods, or products that infringe on the intellectual property rights of others.
· Deceptive, unfair, predatory products, services, or activities, or prohibited by the Card Networks.
· Drugs, alcohol, or drug paraphernalia, pseudo-pharmaceuticals, substances designed to mimic illegal drugs, or items that may represent them.
· Gambling or betting, including lottery tickets, casino gaming chips, off-track betting, sports forecasting or odds making, fantasy football, memberships on gambling-related internet sites and wagers at races, contests, sweepstakes, and offering prizes as an inducement to purchase goods or services.
· Hate, violence, racial intolerance, or the financial exploitation of a crime. Obscene or pornographic items.
· Weapons, including replicas and collectible items, or ammunition or other accessories.
· Tobacco, cigarettes, or e-cigarettes.
· Prostitution, escort services, massage parlors, and other potentially sexually related services.
· Financial services or instruments, such as cash advances, bill payment, loans or loan payments, money orders, money transfers, prepaid cards, wire transfers, or sales of money orders or foreign currency.
8. CHARITABLE DONATIONS, & MEMBERSHIP DUES
QuickClub is not a charitable organization, broker, financial institution, or creditor. QuickClub is an administrative platform that facilitates transactions between Contributors and Campaign Organizers. By using QuickClub you acknowledge and understand that the Campaign Owner will be responsible for all donations, and payments submitted via the Club’s QuickClub account. QuickClub will facilitate the donation or payment between the Contributor and the Campaign Owner. QuickClub does not verify the legitimacy of the Campaign nor do we verify the uses of any monies collected for a Campaign. QuickClub does not personally promote any Club, Campaign Owner, or Campaign.
It is the responsibility of the Contributor to understand whom they are submitting Contributions to. QuickClub does not supply or control the information, behavior, or any related content released by the Campaign Owner. It is the Campaign Owner’s responsibility to ensure all Contributions, or payment dues are collected by a designated date, which is establish by the Campaign Owner. QuickClub offers no guarantees that the Campaign goal (specified dollar amount) will be reached, nor guarantees that all members of a Club will make their required membership payments or dues. QuickClub does not endorse, guarantee, or provide warranties for or about the safety, integrity, or legality of any Campaign.
9. CLUB OWNERS
As the owner of a QuickClub Club, you assume full responsibility of the content, and conduct of your Club. QuickClub is not responsible or liable for any information provided by the Club Owner as it relates to content, fundraising Campaigns, membership dues, or products offered within the Club. It is the Club Owner’s responsibility to monitor Club activity and ensure that all members comply with the Terms. If a member of a Club is found to have violated the Terms, QuickClub reserves the right to hold the entire club responsible for the violation and take actions outlined in the Termination/Access Restriction towards the Club and all Users of the Cub.
Fundraisers are a form of Campaign made available by QuickClub that allows the Campaign Owner to set a specific goal for the Club to meet, and an end-date to collect the funds by. All fundraising Campaigns completed through the QuickClub application must raise a minimum goal of $300.00 USD in order to receive the funds collected for the Campaign. For any fundraising Campaign that does not reach the minimum of $25.00 USD in fees (or $300 Goal), QuickClub is entitled to a $25 USD fee, or the maximum received if below $25 USD, and will send any monies over that amount to the Campaign Owner for the completed fundraising Campaign. All fundraisers that collect the minimum of $25.00 USD in fees or more will have the difference in the amount delivered to the Campaign Owner. Once the $25 USD fee minimum is reached, there will only be 8.5% withdrawn from the total amount collect (outlined at http://quick.Club/faqs/pricing). For Fundraisers, Contributors submitting Contributions are not subjected to any online processing fees. The Campaign Owner receiving Contributions is subject to the online processing fees detailed at http://quick.Club/faqs/pricing upon withdrawal from the Campaign.
All Contributors are required to submit a minimum payment of $5.00 USD to any fundraiser Campaign of their choosing. QuickClub is not liable for the information provided by the Campaign Owner, nor responsible for the uses of the funds that have been collected from the Campaign. It is the Contributor’s responsibility to know whom you are submitting a donation to, what that donation is being used for, and to evaluate the legitimacy of the Campaign before Contributing.
The Campaign Creator may request his/her funds only after the Campaign’s end date has been reached. QuickClub will send out the funds as outlined in the Withdrawal of Funds section.
11. MEMBER PAYMENTS / DUES
Member Payment/Dues Campaigns are a form of Campaign made available by QuickClub that allows the Campaign Owner to set a specific amount to request from each Club Member, and an end-date to collect the funds by.
All Contributors are required to submit a minimum payment of $5.00 USD to any Member Payment/Dues Campaign of their choosing per transaction. The Contributor to Member Payment/Dues Campaigns will pay a small fee outlined at http://quick.Club/faqs/pricing . QuickClub is not liable for the information provided by the Club owner, nor responsible for the uses of the funds that have been collected from the Club dues Campaign. It is the Contributor’s responsibility to know whom you are submitting a donation to, what that donation is being used for, and to evaluate the legitimacy of the Campaign before Contributing.
The Campaign Creator may request his/her funds only after the Member Payment/Dues Campaign end date has been reached. QuickClub will send out the funds as outlined in the Withdrawal of Funds section.
12. WITHDRAWAL OF FUNDS
Under normal circumstances QuickClub will provide the Payment Creator all monies collected for the Campaign, less all applicable fees outlined at http://quick.club/faqs/pricing, within two to three (2-3) business days from the withdrawal request from the Campaign Owner. However, QuickClub reserves the right to postpone the delivery of funds to the Payment Creator in the event of an investigation, or if QuickClub determines the delivery of funds would put either QuickClub, the Campaign Owner, or the Contributors at risk, for reasons including, but not limited to: complications with the Campaign Owner’s bank account, chargebacks, payment reversals, and fraud at the sole discretion of QuickClub. In the case of a postponement of the delivery of funds, QuickClub will actively work towards ensuring safety for all involved parties, and will continue to postpone the delivery of funds until QuickClub determines that the risk of returning the funds has diminished sufficiently. All withdrawals will be delivered to the Payment Creator via ACH deposit to an authorized US bank account. QuickClub will not mail paper checks for any Campaign. Club or fundraising owner must provide an authorized US bank account in order to receive the monies collected during the Campaign. It is the responsibility of the Contributors and the Payment Creator to make sure that all taxes that apply to the Campaign(s) they participate it are paid in full. QuickClub will not be held liable for, and will not provide information on applicable taxes.
Payment Creators also acknowledge and accept that if there are any chargebacks or payment reversals from any Contributor to the Campaign, before or after Campaign funds are delivered, the Payment Creator will be held financially responsible for the loss incurred by QuickClub and any applicable fees. Each and every Chargeback will be subject to a $15 USD fee. To the extent permitted by law, QuickClub has the right to any money you owe us under these Terms (including chargebacks). You give permission to QuickClub to access your funds and debit the authorized US bank account on file associated with your account or any other funding source associated with your account (including, but not limited to, any funds deposited by you or due to you under this agreement) for the amount owed plus applicable fees. QuickClub will debit the account and send a full summary of charges to the club or fundraising owner responsible for the Campaign. Your failure to pay in full amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys' fees and expenses, collection agency fees, and interest at the lesser of one-and-one-half percent (1-1/2%) per month or the highest rate permitted by law. In its discretion, QuickClub may make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. You hereby expressly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided by you to QuickClub. Such communication may be made by QuickClub or by anyone on its behalf, including but not limited to a third party collection agent.
13. PAYMENT CREATOR-CONTRIBUTOR DISPUTES
Payment Creators are legally bound to perform on any and all commitments to Contributors (including the timely delivery of product promised or the funds being used for the purpose that was shown to the Contributors during the Campaign). If a Payment Creator is unable to perform on any promise and/or commitment to Contributors, the Payment Creator will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Payment Creator. QuickClub is under no obligation to become involved in these disputes. In the event of a dispute, QuickClub may, in our sole discretion, provide the Payment Creator’s contact information to the Contributor so that the two parties may resolve their dispute.
14. MATERIALS PROVIDED TO QUICKCLUB OR POSTED ON ANY QUICKCLUB APPLICATION
QuickClub does not claim ownership of the materials you provide to User Submissions to QuickClub (including feedback and suggestions). However, by posting, uploading, inputting, or providing your Submission you are granting QuickClub, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. QuickClub is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in QuickClub's sole discretion.
By posting, uploading, inputting, or providing your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, or input the Submissions.
15. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE QUICKCLUB APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QUICKCLUB AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE QUICKCLUB APPLICATION AT ANY TIME. ADVICE RECEIVED VIA THE QUICKCLUB APPLICATION SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
QUICKCLUB AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE QUICKCLUB APPLICATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. QUICKCLUB AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: support@quick.Club
16. TERMINATION/ACCESS RESTRICTION
QuickClub reserves the right, in its sole discretion, to terminate your access to the QuickClub Application and the related Services or any portion thereof at any time, without notice to the maximum extent permitted by law. If QuickClub, in its sole discretion, believes you have engaged in activities restricted by these Terms, we may take various actions to protect QuickClub, other Users, other third parties, or you from a variety of liabilities. The actions we take may include, but are not limited to the following:
· We may close, suspend, or limit your account, and your ability to access your account and the QuickClub Services.
· We may contact the Users who have been involved with you through Communication Services and Campaigns.
· We may contact you bank or credit card issuer, and/or warn other Users, law enforcement, or other parties impacted by your actions.
· We may update inaccurate Submissions to QuickClub.
· We may suspend the delivery of funds to you from Campaigns as long as is reasonably needed to protect involved parties from risk.
· We may refuse to provide our Services to you in the future.
· We may take legal action against you; and
· If you violate these Terms, then in addition to the aforementioned actions, you will be held financially responsible for all damages incurred by QuickClub as a result of your violation(s). Due to the nature of possible violations to these Terms, it would be extremely difficult to accurately calculate the possible financial loss incurred by QuickClub as a result of your violation(s), and the wide array of potential consequences of the violation(s). For this reason, you acknowledge and agree that $2,500.00 USD per violation of these Terms is a reasonable minimum estimate of QuickClub’s actual damages. QuickClub may deduct the amount owed for these damages directly from any existing funds not yet transferred to you, or with any funding source connected to your account or any other account in your control.
· QuickClub, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to QuickClub Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds.
If we close, restrict, or suspend your account, we will notify you of our actions if we believe it to be appropriate. We will also provide you with the opportunity to request the full restoration of your account if, in our sole discretion, we deem it appropriate. Further, you acknowledge that QuickClub’s decision to take actions, including those listed above, may be based on confidential criteria. that are essential to the security of QuickClub and our Users. You agree that QuickClub is under no obligation to disclose the details of its risk management or security procedures to you. QuickClub also reserves the right to utilize our sole discretion to determine whether or not a certain Club, user Account, Campaign, or any Submission to our Services contains information that needs to be stored. QuickClub reserves the right to determine whether or not a particular Submission, account, or Club has expired and the right to modify the amount of storage, if any, is allotted to them. This agreement is governed by the laws of the State of Texas, U.S.A. Use of the QuickClub Application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and QuickClub as a result of this agreement or use of the QuickClub Application. QuickClub's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of QuickClub's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the QuickClub Web Site or information provided to or gathered by QuickClub with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and QuickClub with respect to the QuickClub Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and QuickClub with respect to the QuickClub Application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
17. AGREEMENT TO ARBITRATE
You and QuickClub each agree that any and all disputes or claims that have arisen or may arise between you and QuickClub, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
· Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND QUICKCLUB 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 BOTH YOU AND QUICKCLUB AGREE OTHERWISE, THE ARBITRATOR(S) 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(S) 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 QUICKCLUB USERS.
· Arbitration Procedures.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow these Terms as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of subsection (a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
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. The AAA's rules are available at www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). You may download a form Notice at https://www.adr.org . The Notice to QuickClub should be sent to SportsPilot, Inc., 1333 W McDermott Dr. Suite 130 Allen, TX 75013. QuickClub will send any Notice to you to the physical address we have on file associated with your QuickClub Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and QuickClub are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or QuickClub may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or QuickClub may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and QuickClub subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or QuickClub may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or QuickClub shall not be disclosed to the arbitrator(s).
The arbitrator(s) 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(s) shall not be bound by rulings in prior arbitrations involving different QuickClub users, but is/are bound by rulings in prior arbitrations involving the same QuickClub user to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
· Costs of Arbitration.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, QuickClub will pay all filling, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by QuickClub should be submitted by mail to the AAA along with your Demand for Arbitration and QuickClub will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, QuickClub will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse QuickClub for all fees associated with the arbitration paid by QuickClub on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms will continue to apply.
· Future Amendments to the Agreement to Arbitrate.
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against QuickClub 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 you and QuickClub. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Quick.club at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.
18. INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold QuickClub and its affiliates and their officers, employees, directors and agents harmless from any from all losses, damages, expenses, including, but not limited to, reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) that results from your use of QuickClub Services, any Campaign, Communication Services, your violation of these Terms or violation of the rights of another. 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." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
19. COPYRIGHT AND TRADEMARK NOTICES:
All contents of the QuickClub Application and Website are: Copyright 2016 by QuickClub and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
21. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.