Alapaha Bulldog Club Membership Terms

 

This section includes terms specific to Alapaha Bulldog Club Members ("Members") and does not apply to non-Members.

 

General Membership Policies

 

* The Alapaha Bulldog Club reserves the right to accept, refuse, or revoke Membership with or without cause at any time at its sole discretion.

* Annual Membership fee covers only for the year of applying. Renewal must be done for the next calendar year.

* Members are welcome to bring their children or guardians and up to two guests per Alapaha Bulldog Club event. A Member must accompany their children or guardians and their guests at all times. Members are responsible for any damage or other liability caused by themselves, their children or guardians, and their guests.

* The Alapaha Bulldog Club reserves the right to inspect any container, backpack, briefcase or other bag of any person upon entering or leaving any Alapaha Bulldog Club event or meeting and to refuse entry to anyone at our discretion including members.

* Alapaha Bulldog Club Memberships are non-transferable and are valid only for the year that is on the certificate.

* The Alapaha Bulldog Club reserves the right to require Members to take a photo of their state I.D. in order to verify the Member's identity.

 

Membership Renewal

 

* Primary Members will receive a renewal notice and invoice by their email that was submitted upon membership.

* Only Members above the age of 18 years of age may receive a renewal invoice or make cardholder changes.

 

Cancelling your Membership

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* Members may cancel their Membership at anytime.

 

Privacy

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* Members and Nonmembers acknowledge that any personal information that you provide through the Site, online or at Alapaha Bulldog Club events will not be distributed and will be withheld for record keeping and billing purposes. Members and Nonmembers acknowledge that the Alapaha Bulldog Club can not be held responsible for information obtained by hackers of any kind.

 

LIMITATION OF LIABILITY

 

* YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL ALAPAHA BULLDOG CLUB, OR ITS DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER PERSON, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR PARTICIPATION IN ALAPAHA BULLDOG CLUB EVENTS, MEETINGS, OR YOUR USE OF THE SITE, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO ALAPAHA BULLDOG CLUB ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE AND YOUR MEMBERSHIP DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO ALAPAHA BULLDOG CLUB ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY CLUB MEMBER, CLUB MEMBER’S GUESTS OR FAMILY, JUDGE, VOLUNTEER, OR OTHER PEOPLE OF ONLINE GROUP OR ALAPAHA BULLDOG CLUB EVENT.

 

Indemnification

 

You agree to defend (at Alapaha Bulldog Club option), indemnify, and hold Alapaha Bulldog Club harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys' fees and costs, arising from or related to your misuse of the Site or any breach by you of these Terms. Alapaha Bulldog Club reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Alapaha Bulldog Club if and as requested by Alapaha Bulldog Club in the defense and settlement of such matter.

 

Disputes & Arbitration

 

Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Site and/or applying to be a Alapaha Bulldog Club member constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Alapaha Bulldog Club will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision. Alapaha Bulldog Club welcomes and encourages you to reach out to its representatives regarding any issues or concerns you may have. This agreement does not in any way alter your ability to bring concerns to the attention of the Alapaha Bulldog Club Board of Directors.

 

Class Action Waiver and Agreement to Arbitrate

 

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ALAPAHA BULLDOG CLUB, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT ALAPAHA BULLDOG CLUB AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

 

Applicable Law

 

These Terms will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of Ohio, without regard to conflicts of law principles.

 

Termination

 

These Terms are effective unless and until terminated by either you or Alapaha Bulldog Club. You may terminate these Terms at any time, provided that you discontinue any further use of the Online group and cancel your membership. We also may terminate these Terms at any time and may do so immediately without notice, and deny you access to the online group, if in our sole discretion you fail to comply with any term or provision of these Terms. Upon any termination of these Terms by either you or Alapaha Bulldog Club, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Online group, as well as all copies of such Content, whether made under these Terms or otherwise. The following sections survive termination of these Terms: Intellectual Property, User Ideas, Alapaha Bulldog Club Membership Terms and Purchases, Limitation of Liability, Indemnification, Disputes & Arbitration; Applicable Law.

 

General

 

These Terms represent the complete agreement and understanding between you and Alapaha Bulldog Club and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Alapaha Bulldog Club. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect. The failure of Alapaha Bulldog Club to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Alapaha Bulldog Club's rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. Any use of the term "including" or variations thereof in these Terms shall be construed as if followed by the phrase "without limitation." Notices to you (including notices of changes to this these Terms) may be made via posting to the Website, or by e-mail, or by posting in the online membership group, or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Additional Terms

 

Alapaha Bulldog Club may from time to time and in its discretion incorporate additional terms to these Terms that govern specific benefits and programs related to Members, families of members, and guests of members.