- 1.1. Legal Agreement
- 1.2. User Account
2. Your Obligations
- 2.1. You represent and warrant that:
- 2.2. You undertake and agree to:
- 2.3. You agree and undertake not to:
3. Content and Ownership
- 3.1. Your Intellectual Property
- 3.2. Campbell’s Intellectual Property
- 3.3. Feedback and Suggestions
5. Service Fees
- 5.1. Paid Services
- 5.2. Invoices
- 5.3. Subscription Auto-Renewals
- 5.4. Chargebacks
- 6.1. Cancellation by User
- 6.2. Cancellation by Campbell
- 6.3. Loss of Data, Content and Capacity
7. Misconduct and Copyrights
- 7.1. Misconduct and Abuse15
- 7.2. Copyrights
8. Disclaimer of Warranties
9. Limitation of Liability
- 11.1. Changes & Updates
- 11.2. Governing Law & Jurisdiction; Class Action Waiver
- 11.3. Notices
- 11.4. Relationship
- 11.5. Entire Agreement
- 11.6. Assignment
- 11.7. Severability & Waivers
- 11.8. Customer Service Contact
1.1. Legal Agreement
The Enthusiast Club Connect Terms constitute a binding and enforceable legal contract between Campbell Marketing & Communications, its affiliated companies and subsidiaries worldwide ("Campbell", "us" or "we") and you in relation to the use of any Enthusiast Club Connect Services - so please read them carefully.
You may visit and/or use the Enthusiast Club Connect Services only if you fully agree to the Enthusiast Club Connect Terms - and by using and/or registering to any of the Enthusiast Club Connect Services, you grant your informed consent to these Enthusiast Club Connect Terms and any other terms applicable to your use of any Enthusiast Club Connect Services. If you do not read, fully understand and agree to the Enthusiast Club Connect Terms, you must immediately leave the Enthusiast Club Connect Website and avoid or discontinue all use of the Enthusiast Club Connect Services.
1.2. User Account
In order to access and use certain sections and features of the Enthusiast Club Connect Services, you must first register and create an account with Campbell ("User Account").
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Enthusiast Club Connect Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more — and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the login credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the Enthusiast Club Connect Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your club’s) contact details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
Campbell will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Club Connect Service, as the person or entity who has access to the e-mail address then listed in Campbell’s records for such User Account under which such User Platform or User Content was created.
Notwithstanding the foregoing, Campbell shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event Campbell deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Campbell.
2. Your Obligations
2.1. You represent and warrant that:
1. you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Enthusiast Club Connect Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Enthusiast Club Connect Terms;
2. you are a legal United States resident and moreover you are not a resident of (or will use the Enthusiast Club Connect Services in) a country that the U.S. government has embargoed for use of the Enthusiast Club Connect Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
3. you understand that Campbell does not provide any legal or tax advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
And specifically regarding your User Content:
4. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Enthusiast Club Connect Services for you, to your User Platform ("User Content"), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials ("Content"), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
5. you have (and will maintain) the full power, title, licenses, consents and authority to allow Enthusiast Club Connect Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
6. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users ("End Users") reside, or for Campbell and/or your End Users to access, import, copy, upload, use or possess in connection with the Enthusiast Club Connect Services;
7. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
2.2. You undertake and agree to:
1. fully comply with all applicable laws and any other contractual terms which govern your use of the Enthusiast Club Connect Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
2. be solely responsible and liable with respect to any of the uses of the Enthusiast Club Connect Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Enthusiast Club Connect Services);
3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
4. receive from time to time promotional messages and materials from Campbell or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices — please just notify us at any time;
5. allow Campbell to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Campbell’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Campbell or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
6. Allow Campbell in its sole discretion to determine the means, manner, and method for performing the Enthusiast Club Connect Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
7. That Campbell shall have the right to offer the Enthusiast Club Connect Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Enthusiast Club Connect Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, etc.
2.3. You agree and undertake not to:
1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Enthusiast Club Connect Website, the Enthusiast Club Connect Services (or any part thereof), any Content offered by Campbell or Third Party Services for use and display within User Platforms ("Licensed Content") and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Campbell’s prior written and specific consent and/or as expressly permitted under the Enthusiast Club Connect Terms;
2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Campbell or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
5. upload, insert, collect or otherwise make available within the Enthusiast Club Connect Website or the Enthusiast Club Connect Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
6. publish and/or make any use of the Enthusiast Club Connect Services or Licensed Content on any website, media, network or system other than those provided by Campbell, and/or frame, "deep link", "page scrape", mirror and/or create a browser or border environment around any of the Enthusiast Club Connect Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Campbell, in advance and in writing;
7. use any "robot", "spider" or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Enthusiast Club Connect Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Enthusiast Club Connect Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Enthusiast Club Connect Services;
8. act in a manner which might be perceived as damaging to Campbell’s reputation and goodwill or which may bring Campbell into disrepute or harm;
9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Campbell and/or variations and misspellings thereof;
10. impersonate any person or entity or provide false information on the Enthusiast Club Connect Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Campbell and/or any End Users;
11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Campbell or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
12. reverse lookup, trace, or seek to trace another User of Enthusiast Club Connect Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Enthusiast Club Connect Services and/or User Platform without their express and informed consent;
13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Enthusiast Club Connect Services, User Platform, the account of another User(s), or any other systems or networks connected to the Enthusiast Club Connect Services, by hacking, password mining, or other illegitimate or prohibited means;
14. probe, scan, or test the vulnerability of the Enthusiast Club Connect Services or any network connected to the Enthusiast Club Connect Services;
15. upload to the Enthusiast Club Connect Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Enthusiast Club Connect Services or Campbell’s systems or networks connected to the Enthusiast Club Connect Services, or otherwise interfere with or disrupt the operation of any of the Enthusiast Club Connect Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
17. use any of the Enthusiast Club Connect Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar conduct, or otherwise engage in unethical marketing or advertising;
18. access to Enthusiast Club Connect Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Enthusiast Club Connect Services, except as expressly permitted by the Enthusiast Club Connect Terms;
20. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Enthusiast Club Connect Services and/or Licensed Content; or
21. violate, attempt to violate, or otherwise fail to comply with any of the Enthusiast Club Connect Terms or any laws or requirements applicable to your use of the Enthusiast Club Connect Services.
22. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service. You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you — with or without further notice to you, and without any refund of amounts paid on account of any such Services.
3. Content and Ownership
3.1. Your Intellectual Property
As between Campbell and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Campbell does not claim ownership rights on your content. For the sole purpose of granting you the service, you know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
3.2. Campbell’s Intellectual Property
All rights, title and interest in and to the Enthusiast Club Connect Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the "look and feel" of the Enthusiast Club Connect Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned by and/or licensed to Campbell.
Subject to your full compliance with the Enthusiast Club Connect Terms and timely payment of all applicable Fees, Campbell hereby grants you, upon creating your User Account and for as long as Campbell wishes to provide you with the Enthusiast Club Connect Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Enthusiast Club Connect Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Enthusiast Club Connect Terms, and solely within the Enthusiast Club Connect Services.
The Enthusiast Club Connect Terms do not convey any right or interest in or to Campbell’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Enthusiast Club Connect Terms constitutes an assignment or waiver of Campbell’s Intellectual Property rights under any law.
3.3. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the Enthusiast Club Connect Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights ("Feedback"), such Feedback shall be exclusively owned by Campbell. By providing such Feedback to Campbell, you acknowledge and agree that it may be used by Campbell in order to: (i) further develop, customize and improve of the Enthusiast Club Connect Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Campbell -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Campbell may use to provide and improve its services, (vi) to enhance Campbell data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Campbell any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
5. Service Fees
5.1. Paid Services
The use of certain Enthusiast Club Connect Services may be subject to payment of particular fees, as determined by Campbell in its sole discretion ("Paid Services" and "Fee(s)", respectively). Campbell will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Campbell reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Campbell. To the extent permitted by law (and unless specified otherwise by Campbell in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities ("Taxes"), and you shall be responsible for payment of all applicable Taxes relating to your use of the Enthusiast Club Connect Services, or to any payments or purchases made by you. If Campbell is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Campbell is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize Campbell (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Campbell or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
5.3. Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods).
For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Campbell will attempt to automatically charge you the applicable Fees using the payment method you have on file with Campbell, within two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Paid Service is subject to a yearly or multiple-year subscription period, Campbell will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Campbell account ("Chargeback"), this will be considered as a breach of your payment obligations hereunder, and your use of the Enthusiast Club Connect Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the Enthusiast Club Connect Services will not resume until you re-subscribe for any such Enthusiast Club Connect Services, and pay any applicable Fees in full, including any fees and expenses incurred by Campbell and/or any Third Party Services for each Chargeback received (including Fees for Enthusiast Club Connect Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Campbell, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Enthusiast Club Connect Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Enthusiast Club Connect Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
6.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Enthusiast Club Connect Services at any time, in accordance with the instructions available on the Enthusiast Club Connect Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Enthusiast Club Connect Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. However, you will still be responsible for fees as set forth below.
Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period. No refunds will be granted.
6.2. Cancellation by Campbell
Failure to comply with any of the Enthusiast Club Connect Terms and/or to pay any due Fee shall entitle Campbell to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Enthusiast Club Connect Services (e.g., Paid Services) or Third Party Services to you.
6.3. Loss of Data, Content and Capacity
If your User Account or any Enthusiast Club Connect Services or Third Party Services related to your User Account are cancelled (whether at your request or at Campbell’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services ("Capacity Loss"). Campbell shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Enthusiast Club Connect Services following their cancellation, as determined by Campbell in its sole discretion.
7. Misconduct and Copyrights
7.1. Misconduct and Abuse
When using the Enthusiast Club Connect Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Campbell with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Enthusiast Club Connect Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Campbell, and that Campbell may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
Campbell acts in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) 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 Campbell to locate the material (including URL address); (4) 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 (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Campbell’s Copyright Agent can be reached at the following address:
Campbell Marketing & Communication< br/> 3200 Greenfield, Suite 280, Dearborn, MI 48120 USA.
Attn: Club Connect Copyright Agent
Telephone Number: 1 800-367-3788
In the event that Campbell receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Campbell’s sole reasonable discretion. Campbell reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
If your copyrighted works were used inappropriately by any of our users — please let us know and provide us with all the necessary information, and we will address it in accordance with the DMCA.
If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.
8. Disclaimer of Warranties
We provide the Enthusiast Club Connect Services on an "As Is", "with all faults" and "As Available" basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty — all to the fullest extent permitted by law. We specifically do not represent or warrant that the Enthusiast Club Connect Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Enthusiast Club Connect Services — so please be sure to verify those before using or otherwise engaging them.
Campbell may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Campbell be considered as a "publisher" of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Enthusiast Club Connect Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Campbell shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Enthusiast Club Connect Services and/or connecting and/or dealing with any Third Party Services through or in connection with Enthusiast Club Connect Services, and that Campbell cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Campbell does not recommend the use of the Enthusiast Club Connect Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Enthusiast Club Connect Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Enthusiast Club Connect Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Enthusiast Club Connect Services at this BETA stage signifies your agreement to participate in such Enthusiast Club Connect Services’ BETA testing.
However, we are not to be considered a "publisher" of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.
There are risks in using our services or anyone else’s services. You accept such risks.
Some of our services are still in BETA, and may contain bugs or experience interruptions. In the future, we may add services in BETA.
9. Limitation of Liability
To the fullest extent, Campbell, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Enthusiast Club Connect Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Enthusiast Club Connect Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Enthusiast Club Connect Services; (6) events beyond the reasonable control of Campbell, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Enthusiast Club Connect Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Campbell’s services to you, and such limitations will apply even if Campbell has been advised of the possibility of such liabilities.
11.1. Changes & Updates
Campbell reserves the right to change, suspend or terminate any of the Enthusiast Club Connect Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Enthusiast Club Connect Services (including removal of any materials created by you in connection with the Enthusiast Club Connect Services) for any reason and/or change any of the Enthusiast Club Connect Terms with or without prior notice - at any time and in any manner.
You agree that Campbell will not be liable to you or to any third party for any modification, suspension or discontinuance of those Enthusiast Club Connect Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Enthusiast Club Connect Services without enabling such changes, or provide you with alternative Services.
11.2. Governing Law & Jurisdiction; Class Action Waiver
The Enthusiast Club Connect Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Enthusiast Club Connect Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Enthusiast Club Connect Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Dearborn, Michigan, USA.
Subject to any applicable law, all disputes between you and Campbell shall only be resolved on an individual basis and you shall not have the right to bring any claim against Campbell as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
We may provide you with notices in any of the following methods: (1) via the Enthusiast Club Connect Services, including by a banner or pop-up within the Enthusiast Club Connect Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Campbell’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The Enthusiast Club Connect Terms, and your use of the Enthusiast Club Connect Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Campbell and you.
11.5. Entire Agreement
These Enthusiast Club Connect Terms, together with the Enthusiast Club Connect Terms and any other legal or fee notices provided to you by Campbell, shall constitute the entire agreement between you and Campbell concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Campbell and you, including those made by or between any of our respective representatives, with respect to any of the Enthusiast Club Connect Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Campbell in entering into any of the Enthusiast Club Connect Terms.
Campbell may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Enthusiast Club Connect Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Campbell. Any attempted or actual assignment thereof without Campbell’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 11.6 shall not in itself grant either Campbell or you the right to cancel any Enthusiast Club Connect Services or Third Party Services then in effect.
11.7. Severability & Waivers
If any provision of the Enthusiast Club Connect Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Enthusiast Club Connect Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
11.8. Customer Service Contact
To get in touch with our Customer Service - please use any of the options listed below:
Phone: 1 800-367-3788
Attn: Ford Club Connect
Campbell Marketing and Communication
3200 Greenfield, Suite 280, Dearborn, MI 48120 USA.