Terms of Service

1. Welcome

Welcome to Clurb, operated by In the Clurb, Inc. ("Company," "Clurb," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our websites, mobile applications (including the Clurb iOS app), APIs, software, and related services (collectively, the "Platform").

The Platform enables club organizers ("Curators") to create and operate membership clubs ("Clubs"), invite and manage members, host events, publish content, and collect membership dues and other charges. It enables individuals ("Members") to join Clubs, attend events, participate in Club communications, invite others where permitted, and receive recognition for contributions. Curators and Members are collectively referred to as "Users."

By clicking to accept these Terms, creating an account, or accessing or using the Platform, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Platform.

IMPORTANT: SECTION 33 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY-TRIAL WAIVER. IT INCLUDES A 30-DAY OPT-OUT RIGHT.

2. Eligibility and Age Requirements

You must be at least 18 years old and the age of legal majority in your jurisdiction, have authority to enter into a binding agreement, provide accurate registration information, and comply with applicable law. The Platform is not directed to children, and a person under 18 may not create an account or independently use the Platform.

A Curator may allow a minor to attend an event only through the minor's parent or legal guardian and only if permitted by applicable law, the Club's rules, and any event-specific waiver. Clurb does not knowingly collect personal information directly from children under 13. If you believe a child has provided personal information to us, contact privacy@clurbs.com.

3. Accounts and Security

You are responsible for maintaining the confidentiality of your login credentials, all activity under your account, keeping your information accurate, and promptly notifying us at support@clurbs.com of suspected unauthorized access. You may not impersonate another person or Club, create fraudulent or duplicate accounts, permit unauthorized use, or sell or transfer your account without our written consent.

We may require identity, age, payment, tax, or business verification. You authorize us and our providers to make inquiries reasonably necessary to verify information, prevent fraud, protect Users, and comply with law.

4. Platform Role; Independent Curators

Clurb provides technology that facilitates Clubs and interactions between Users. Except when we expressly identify an event or service as hosted by Clurb, Clurb does not create, own, operate, supervise, control, endorse, or guarantee any Club, Curator, membership, benefit, venue, event, statement, or User.

Curators are independent persons or businesses. They are not employees, agents, partners, joint venturers, franchisees, fiduciaries, or representatives of Clurb and may not bind Clurb or make promises on Clurb's behalf. No provision of these Terms creates an agency, employment, partnership, joint venture, or franchise relationship between Clurb and a User.

Unless expressly stated otherwise at checkout, a Club membership, event registration, or other Club offering is a transaction between the Member and the applicable Curator. Clurb's role is limited to providing the Platform and, where applicable, facilitating payment as described below. We do not conduct background checks or independently verify Users unless we expressly say that we have done so.

5. Curator Accounts and Obligations

Curators may create Club profiles, set lawful membership criteria and rules, invite and manage Members, designate co-organizers and moderators, create events, publish content, and set dues and other charges made available through the Platform.

Each Curator is solely responsible for:

A Curator may not represent that Clurb sponsors, endorses, insures, supervises, or guarantees the Curator, Club, or event. Clurb may require a Curator to provide proof of identity, authority, licenses, insurance, waivers, tax forms, or other compliance information and may suspend Club activity or payouts while reviewing that information.

6. Member Accounts

Members may join Clubs by invitation or request, pay applicable charges, RSVP for and attend events, participate in Club communications, post content, and invite others where a Club permits. Memberships are personal and may not be shared, resold, or transferred unless the Curator and Clurb expressly permit it.

A Curator may approve, reject, suspend, or remove a Member under lawful Club rules. Clurb does not guarantee admission, continued membership, any particular benefit, or any refund arising from a Curator's membership decision.

7. Invitations, Contacts, and Text Messages

The Platform may allow you to select a person from your device contacts and direct Clurb to send that person a single Club invitation by SMS or another channel. By initiating an invitation, you represent and warrant that you personally know the recipient, the recipient provided the contact information or otherwise consented to receive the invitation, the invitation is reasonably expected and lawful, and the recipient has not asked you or Clurb not to contact them.

You may not use purchased, scraped, rented, harvested, or commercially sourced lists; send invitations for advertising or bulk messaging; upload contacts without authority; or evade opt-outs or sending limits. An invitation may identify you, the Club, and Clurb. Message and data rates may apply. Recipients may opt out by replying STOP or using any other reasonable method described in the message. We may maintain suppression records to honor opt-outs and prevent unwanted messages.

Your direction to send an invitation does not authorize Clurb or a Curator to send promotional or recurring marketing messages. Any such messages require any consent separately required by law. We may limit or disable invitation functionality at any time.

8. Payment Processing and Limited Collection Agency

Payments may be processed by third-party payment providers, currently including Stripe, Inc. and its affiliates (each, a "Payment Processor"), or by an app-store provider such as Apple. By providing a payment method or receiving payouts, you agree to the applicable provider's terms and authorize the provider and Clurb to process charges, refunds, reversals, reserves, transfers, and payouts related to Platform transactions.

For transactions processed for a Curator through a Payment Processor, the Curator appoints Clurb as the Curator's limited payment-collection agent solely to accept funds from Members on the Curator's behalf. A Member's payment to Clurb or its Payment Processor satisfies the Member's payment obligation to the Curator for the amount received, subject to reversal, refund, or chargeback. Clurb is not a bank, escrow agent, trustee, fiduciary, money transmitter, or guarantor of payment, and funds are not deposits and do not earn interest.

The identity of the seller or merchant of record may depend on the transaction type, Payment Processor, and applicable law and will be disclosed where required. Apple-billed purchases are governed by Section 24 and Apple's applicable terms. We do not store full payment-card numbers on our servers.

9. Curator Onboarding, Payouts, Reserves, and Setoff

To receive payouts, a Curator must complete all requested onboarding, identity, beneficial-ownership, banking, tax, and sanctions checks and maintain an eligible payout account. Payout timing is estimated, not guaranteed, and may be affected by processing delays, holds, weekends, disputes, compliance review, or the Curator's provider agreement.

To the fullest extent permitted by law, Clurb and the Payment Processor may delay, suspend, withhold, reverse, or reduce payouts; establish or increase a reserve; or require reimbursement when reasonably necessary to address refunds, chargebacks, fraud, suspected violations, legal process, sanctions, regulatory obligations, processor requirements, anticipated liabilities, negative balances, or risk to Clurb or Users.

A Curator authorizes Clurb to deduct and set off from any amounts payable to the Curator all Platform fees, processor fees, taxes, refunds, reversals, chargebacks, fines, penalties, reserves, indemnifiable losses, and other amounts the Curator owes under these Terms. If the Curator's balance is insufficient, the Curator must promptly pay the deficiency and authorizes Clurb and the Payment Processor, where permitted, to debit the Curator's connected account or payment method. These rights survive suspension or termination.

Clurb may return funds to Members or governmental authorities, or handle dormant or unclaimed amounts, as required by law. Clurb is not responsible for loss caused by inaccurate payout information supplied by a Curator.

10. Automatically Renewing Memberships

Some memberships renew automatically at the disclosed frequency. Before enrollment, Clurb or the applicable seller will clearly present the recurring price, billing frequency, renewal terms, trial or promotional terms, minimum commitment if any, and cancellation method, and will obtain the Member's express affirmative consent as required by law.

Unless canceled, the membership renews at the end of each billing period and the saved payment method is charged the then-current disclosed amount and applicable taxes. A Member may cancel at any time through the cancellation mechanism shown at enrollment or in the Platform. For Clurb-billed memberships, cancellation is available in the app under Profile > Memberships > Cancel and by emailing support@clurbs.com. Apple-billed memberships must be managed through the Member's Apple subscription settings unless Apple provides another method.

Cancellation normally takes effect at the end of the paid billing period, and access continues until then.

Cancellation does not itself create a right to a prorated refund unless required by law or expressly offered. We will provide enrollment acknowledgments, renewal or annual reminders, and material-change notices as required by law and will retain evidence of recurring-billing consent for the legally required period.

A price increase or other material change will take effect only after any legally required notice or consent. If a free trial or promotional period converts to a paid subscription, we will disclose the conversion terms and provide any legally required reminder and opportunity to cancel before a charge.

11. Platform and Processor Fees

Curators must pay the Platform fees disclosed when they enable paid offerings or otherwise agree to them.

Processor fees, taxes, refunds, and chargeback costs are separate unless stated otherwise. Platform fees are earned when the relevant transaction is processed and are non-refundable to the Curator except where Clurb expressly agrees or applicable law requires.

We may change prospective fees on at least 30 days' notice. A Curator who does not accept a change must stop offering the affected paid service before the change takes effect.

12. Taxes and Records

Curators are responsible for determining and satisfying all tax, licensing, invoicing, reporting, and recordkeeping obligations arising from their Clubs and amounts they receive. Clurb or a Payment Processor may calculate, collect, withhold, remit, report, or issue tax forms where required and may request tax documentation. Curators must provide accurate tax information and remain responsible for taxes not collected or remitted by Clurb.

13. Events and In-Person Activities

Unless Clurb expressly states otherwise, events are organized and hosted solely by Curators or other Users. Clurb is not a party to and does not control or supervise an event. Events may involve inherent risks, including travel, driving, crowds, alcohol, food, physical activity, equipment, weather, venues, and interactions with strangers.

Curators must obtain all permits, licenses, venue permissions, insurance, safety measures, and participant releases reasonably appropriate for their events. Clurb may require event-specific disclosures or waivers as a condition of listing or attending an event, but Clurb has no duty to inspect an event or verify compliance.

If an event involves driving, each driver is solely responsible for lawful and safe operation, licensing, registration, maintenance, insurance, passengers, and compliance with traffic laws. The Platform may not be used to organize illegal street racing, reckless driving, speed contests, impaired driving, or other unlawful activity.

14. High-Risk Activities and Event Rules

A Curator may not use the Platform for an event that unlawfully involves weapons, controlled substances, sexual services, gambling, hazing, violence, dangerous stunts, illegal racing, or service of alcohol without legally required licenses and controls. Curators must disclose material risks and restrictions and must not permit an impaired or unqualified person to engage in a hazardous activity.

Clurb may remove an event, require additional terms, insurance, age restrictions, or waivers, or prohibit categories of activities. Such action does not make Clurb the organizer or create a duty to supervise other events.

15. User Content and License

"Content" means information or material a User posts, uploads, transmits, or makes available through the Platform, including Club profiles, rules, threads, photos, videos, event moments, messages, logos, and profile information. You retain ownership of your Content.

By providing Content, you grant Clurb a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, transmit, distribute, display, perform, format, adapt for technical purposes, and otherwise use that Content as reasonably necessary to operate, secure, improve, and provide the Platform and the Club experience. This includes sublicensing to hosting, moderation, analytics, payment, app-store, and distribution providers.

If you make Content public or share it with a Club, the license includes displaying and distributing it to the intended audience. The license generally ends when the Content is deleted, except for reasonable backup and archival periods; legal, safety, fraud-prevention, and dispute-resolution purposes; and copies retained or reshared by other Users. Deleting an account may not remove Content from another User's communications or records.

Clurb will not use your name, image, likeness, Club logo, or Content in off-Platform advertising that identifies you without permission, except to identify the source of public Content or as otherwise disclosed when you submit it.

You represent that you have all rights and permissions necessary for your Content and that it does not violate law, these Terms, or third-party rights.

16. Prohibited Conduct

You may not:

Attempts, assistance, and circumvention are also prohibited.

17. Moderation, Safety Tools, and Club Administration

Clurb may, but is not obligated to, review, monitor, filter, restrict, remove, preserve, or disclose Content; investigate reports; limit features; or suspend Users, Clubs, invitations, transactions, events, or payouts. These rights may be exercised without prior notice when reasonably necessary for safety, legal compliance, fraud prevention, Platform integrity, or enforcement of these Terms.

Curators are responsible for moderating their Clubs and responding to Member concerns. The Platform provides or may provide tools to report Content or Users, block Users, and contact Clurb. Users may report concerns in the app or at support@clurbs.com. Clurb does not guarantee that moderation will detect or prevent every violation.

Where creator or User Content may exceed the Platform's applicable age rating, Clurb may require content labeling, age declarations or verification, restrictions, or removal. Users must comply with those controls and may not evade them.

18. Copyright and DMCA Procedure

Clurb respects intellectual-property rights and has adopted a policy to terminate repeat infringers in appropriate circumstances. A copyright owner or authorized agent may submit a notice under 17 U.S.C. Section 512(c) to Clurb's designated agent identified in Section 45. The notice must include: identification of the copyrighted work; identification and reasonably sufficient location of the allegedly infringing material; the complaining party's contact information; a statement of good-faith belief that the use is unauthorized; a statement under penalty of perjury that the notice is accurate and the complaining party is authorized to act; and a physical or electronic signature.

If Content is removed in response to a notice, the affected User may send a counter-notification containing the User's signature; identification of the removed material and its former location; a statement under penalty of perjury that the material was removed because of mistake or misidentification; the User's name, address, and telephone number; and consent to the jurisdiction of the appropriate federal district court and acceptance of service from the complainant. Clurb may restore material as permitted by law.

Only copyright notices should be sent to the designated agent. Clurb's designation with the U.S. Copyright Office, not merely this provision, controls the official agent record.

19. Club Memberships and Rules

Curators determine lawful dues, tiers, benefits, schedules, admission criteria, and Club rules. Club-specific terms presented at enrollment form part of the Member's agreement with the Curator, but they may not conflict with these Terms or reduce nonwaivable legal rights. The Company does not guarantee a Club's activity, benefits, membership, events, financial condition, or continued operation.

Clurb may establish Platform-wide requirements, migrate administration with appropriate authority, pause new enrollment, or wind down Platform access to a Club where a Curator becomes unavailable, loses authority, violates these Terms, or creates material risk. Clurb does not assume the Curator's unperformed obligations by taking such action.

20. Refunds and Cancellations

Except as required by law, disclosed at checkout, or expressly offered by the applicable Curator, dues, event fees, and other purchases are non-refundable. Curators are responsible for honoring their stated refund policies and legal obligations.

Clurb may, but is not obligated to, issue or require a refund to correct an error, address fraud, resolve a complaint, protect Users, enforce these Terms, comply with processor rules or law, or respond to a canceled or materially misdescribed offering. Unless law requires otherwise, the applicable Curator bears the amount of a refund and associated fees, and Clurb may deduct those amounts from current or future payouts. Refunds for Apple-billed transactions are administered under Apple's procedures.

21. Chargebacks and Payment Disputes

A Member should contact the Curator or support@clurbs.com before initiating a payment dispute so the issue can be investigated, but nothing in these Terms limits a lawful, good-faith right to dispute a charge. Fraudulent, knowingly false, duplicative, or abusive disputes may result in account restrictions and recovery of amounts lawfully owed.

Curators are responsible for chargebacks, reversals, retrieval requests, processor assessments, and related costs arising from their transactions, Club, Content, representations, refunds, or failure to provide promised benefits.

Curators must promptly provide requested records and authorize Clurb to respond to disputes and recover resulting amounts under Section 9.

22. Community Features and User Communications

You are responsible for your posts, messages, invitations, and interactions. Clurb is not responsible for User communications or conduct. Club communications may be visible to Curators, moderators, and intended participants and may be preserved as described in the Privacy Policy. Do not use community features for emergencies; contact appropriate emergency services.

23. Privacy and Account Deletion

Our collection and use of personal information are described in our Privacy Policy, which is incorporated by reference. Where applicable, the Privacy Policy explains categories of information, purposes, disclosures, retention practices, and available privacy rights.

You may request account deletion through Profile > Settings > Delete Account or by emailing support@clurbs.com from your account email. Deletion will cancel Clurb-billed active memberships subject to Section 10, remove or deidentify profile information as described in the Privacy Policy, and end access. Apple-billed subscriptions may need to be canceled separately through Apple.

Account deletion does not require deletion of information that Clurb may lawfully retain for payment and tax records, fraud prevention, safety, security, legal compliance, exercise or defense of claims, backups, or other purposes described in the Privacy Policy.

24. Third-Party Services and App-Store Billing

The Platform may integrate with payment, messaging, maps, cloud hosting, analytics, identity, and other third-party services. Their services are subject to their own terms and privacy practices, and Clurb is not responsible for their independent acts or availability.

Where a purchase is billed by Apple or another app-store provider, that provider's payment, renewal, cancellation, and refund terms apply. Clurb cannot directly cancel or refund a transaction controlled by the provider. Whether a particular Club charge uses app-store billing or a Payment Processor may depend on whether the offering consists of digital content or features, physical or person-to-person services, and applicable platform rules.

25. Suspension and Termination

Clurb may suspend or terminate an account, Club, event, transaction, invitation function, Content, or payout immediately for a violation or suspected violation of these Terms; fraud; payment, safety, legal, sanctions, or security risk; processor or app-store requirements; prolonged inactivity; or conduct that threatens Clurb or Users. Where practicable, we may provide notice and an opportunity to cure, but are not required to do so.

You may stop using the Platform and delete your account at any time. Termination does not eliminate accrued payment obligations, refunds, chargebacks, reserves, taxes, or liabilities. Provisions that by nature should survive—including licenses needed for retained Content, payment and tax obligations, releases, disclaimers, liability limitations, indemnities, dispute terms, and general provisions—survive termination.

26. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLURB DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SECURITY, CONTINUOUS AVAILABILITY, AND ERROR-FREE OPERATION.

CLURB DOES NOT WARRANT OR GUARANTEE ANY USER, CLUB, CURATOR, MEMBERSHIP, BENEFIT, EVENT, VENUE, CONTENT, TRANSACTION, PAYMENT, REFUND, INSURANCE, BACKGROUND, QUALIFICATION, SAFETY, OR OUTCOME. YOU ARE RESPONSIBLE FOR EVALUATING USERS, CLUBS, EVENTS, AND RISKS AND FOR TAKING APPROPRIATE PRECAUTIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THIS SECTION MAY NOT APPLY.

27. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLURB AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (THE "CLURB PARTIES") WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, DATA, BUSINESS, OPPORTUNITY, OR GOODWILL; OR THE ACTS, OMISSIONS, CONTENT, CLUBS, EVENTS, TRANSACTIONS, OR INTERACTIONS OF USERS OR THIRD PARTIES, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, REGARDLESS OF THEORY AND EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CLURB PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) PLATFORM FEES THE CLAIMANT PAID DIRECTLY TO CLURB DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US $100.

THE EXCLUSIONS AND CAP DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY TO THE EXTENT CAUSED BY CLURB'S FRAUD, WILLFUL MISCONDUCT, OR OTHER LIABILITY THAT APPLICABLE LAW MAKES NONWAIVABLE. THE PARTIES AGREE THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN.

28. Assumption of Risk and Release

You voluntarily assume all known and unknown risks associated with Clubs, events, travel, vehicles, venues, physical activities, food, alcohol, equipment, and interactions with Users, except to the extent caused by conduct that applicable law does not permit you to assume or release.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND DISCHARGE THE CLURB PARTIES FROM CLAIMS, DEMANDS, DAMAGES, LOSSES, AND LIABILITIES ARISING FROM OR RELATING TO A CLUB OR EVENT NOT HOSTED BY CLURB, INCLUDING CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF A CLURB PARTY. THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR OTHER LIABILITY THAT CANNOT LAWFULLY BE RELEASED.

If you are a California resident, you waive California Civil Code Section 1542, which generally provides that a general release does not extend to claims the releasing party does not know or suspect to exist and that would have materially affected the settlement. This waiver applies only to the release in this Section and only to the extent permitted by law. Event-specific waivers may impose additional lawful terms.

29. Indemnification

You will defend, indemnify, and hold harmless the Clurb Parties from third-party claims, liabilities, damages, judgments, settlements, fines, penalties, losses, and reasonable attorneys' fees arising from your Content; material violation of these Terms or law; infringement or violation of third-party rights; fraud or willful misconduct; or misuse of the Platform.

In addition, each Curator will defend, indemnify, and hold harmless the Clurb Parties from claims and losses arising from or relating to the Curator's Club, personnel, Members, events, venues, vehicles, alcohol service, safety measures, insurance, permits, waivers, employment relationships, taxes, offerings, representations, membership decisions, refunds, chargebacks, unperformed obligations, or acts or omissions of the Curator or persons acting for the Club.

Clurb will promptly notify the indemnifying User of a covered claim, subject to no loss of rights except to the extent materially prejudiced by delay. Clurb may control the defense with counsel of its choice, and the User will cooperate at the User's expense. The User may not settle a claim in a manner that admits fault by, imposes obligations on, or fails to fully release a Clurb Party without Clurb's written consent. Clurb may participate with separate counsel at its own expense.

30. Apple App Store Terms

If you use the Clurb app on an Apple device: (a) these Terms are between you and Clurb, not Apple; (b) Apple is not responsible for the app, its Content, maintenance, or support; (c) if the app fails to conform to an applicable warranty, you may notify Apple and Apple may refund the app purchase price, if any, with no other Apple warranty obligation to the extent permitted by law; (d) Clurb, not Apple, is responsible for product, regulatory, consumer-protection, and intellectual-property claims concerning the app; (e) you must comply with applicable third-party terms; and (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

You represent that you are not located in a country subject to a comprehensive U.S. Government embargo or designated as a terrorist-supporting country and are not listed on a U.S. Government prohibited or restricted party list.

31. Export Controls and Sanctions

You may not access or use the Platform, receive payouts, or facilitate a transaction in violation of U.S. or other applicable export-control, trade, anti-money-laundering, or sanctions laws. You represent that you and any entity you control are not prohibited parties and are not acting for a prohibited party. We may block access, transactions, or payouts to comply with such laws.

32. Governing Law and Venue

These Terms are governed by California law, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 33. Subject to Section 33, any permitted court proceeding must be brought in the

state or federal courts located in Los Angeles County, California, and the parties consent to personal jurisdiction and venue there.

Nothing in these Terms deprives a consumer of mandatory protections of the law of the consumer's residence that cannot be waived by contract.

33. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Informal notice. Before starting arbitration or a lawsuit, the claimant must send an individualized written notice to legal@clurbs.com, or Clurb must send notice to the email or mailing address associated with the User's account.

The notice must include the claimant's name and account email, a detailed description of the dispute, supporting facts, and the specific relief requested. The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt. Any limitations period is tolled during that 30-day period.

Agreement to arbitrate. Except for the exceptions below, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, a Club, or the parties' relationship will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its then-current Consumer Arbitration Rules. The arbitrator, not a court, will decide all issues, including the scope and enforceability of this arbitration agreement. Arbitration may take place in Los Angeles County, California, as modified by these Terms.

The Federal Arbitration Act governs. The AAA rules and filing information are available at www.adr.org. If AAA is unavailable or declines to administer the arbitration consistent with these Terms, the parties will confer to select another nationally recognized provider; if they cannot agree, a court with jurisdiction will appoint one under 9 U.S.C. Section 5.

Authority and procedure. The arbitrator has exclusive authority to decide the merits and all issues concerning interpretation, applicability, scope, or enforceability of these Terms or this arbitration agreement, except that a court will decide issues concerning the class-action waiver, mass-arbitration filing requirements, or public-injunctive-relief exception. A hearing may occur by video, written submission, or at a location reasonably convenient to the consumer as required by applicable AAA rules. The arbitrator may award on an individual basis any remedy available in court and will issue a reasoned written decision.

Fees. Fees will be allocated under the AAA Consumer Arbitration Rules. Clurb will pay fees it is required to pay for this arbitration agreement to be enforceable. If an individual consumer claim seeks less than $10,000 and the consumer cannot reasonably afford the filing fee, Clurb will pay it upon a substantiated request, unless the arbitrator determines the claim was filed for an improper purpose or was frivolous under applicable law.

Exceptions. Either party may bring an individual claim in small claims court. Either party may seek temporary or preliminary equitable relief in court to protect intellectual property, confidential information, Platform security, or safety pending arbitration. Nothing prevents a person from reporting to a government agency or seeking public injunctive relief in court where California law requires that remedy to remain available.

Class and representative action waiver. To the fullest extent permitted by law, each party may bring claims only in an individual capacity and not as a plaintiff, claimant, or class member in a class, collective, coordinated, consolidated, representative, or private-attorney-general action. The arbitrator may not combine claims of different persons without all parties' written consent. If this waiver is unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court after all arbitrable claims are completed, unless law requires otherwise.

Mass arbitration. If 25 or more substantially similar arbitration demands are asserted against the same party or related parties by the same or coordinated counsel or organizations, the AAA Mass Arbitration Supplementary Rules and applicable fee schedule will apply. The parties will cooperate in good faith with the AAA process arbitrator and any staged or bellwether process ordered under those rules. Statutes of limitation will be tolled for properly submitted demands while they are held for an authorized staged process. This paragraph does not authorize class or consolidated adjudication of the merits.

Jury-trial waiver. To the fullest extent permitted by law, each party waives the right to trial by jury for any dispute permitted to proceed in court.

30-day opt-out. You may opt out of this arbitration agreement by emailing legal@clurbs.com within 30 days after first accepting these Terms. The email must state your full name, account email, and an unequivocal request to opt out of arbitration. Opting out does not affect any other provision.

34. Changes to These Terms

We may update these Terms prospectively. We will provide notice of material changes through the Platform, by email, or by another legally permitted method before they take effect. Where law requires, we will obtain affirmative consent. Changes to Section 33 will not apply to a dispute of which Clurb had actual written notice before the change's effective date unless the parties agree otherwise.

Your continued use after the effective date constitutes acceptance where legally permitted. If you do not agree, you must stop using the Platform and may delete your account. Changes to recurring prices or services remain subject to Section 10.

35. Electronic Communications and Contracting

You consent to receive agreements, disclosures, notices, receipts, and transaction communications electronically, including by email, in-app notice, or posting. Electronic communications satisfy legal writing requirements to the extent permitted by law. You are responsible for maintaining a valid email address and the hardware and software needed to retain communications. You may withdraw consent where law permits by contacting legal@clurbs.com, but withdrawal may require account closure if electronic delivery is necessary to provide the Platform.

36. Feedback

If you submit ideas, suggestions, or feedback about the Platform, you grant Clurb a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use and exploit it without restriction, attribution, or compensation. Do not submit feedback you do not have the right to provide.

37. Platform License and Intellectual Property

Subject to these Terms, Clurb grants you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Platform for its intended purposes. The Platform, software, branding, trademarks, interfaces, designs, and Clurb Content are owned by Clurb or its licensors. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works from the Platform. Restrictions do not apply where applicable law prohibits them. Open-source components are governed by their applicable licenses.

38. Notices

Clurb may provide notice to the email address associated with your account, through the Platform, or by another reasonable method. Notice is effective when sent or posted unless law requires otherwise. Legal notices to Clurb must be sent to legal@clurbs.com and, where formal service is required, to the registered business address in Section 45 in accordance with applicable law.

39. Force Majeure

Clurb is not liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, epidemics, war, terrorism, civil unrest, labor disputes, utility or telecommunications failures, cyberattacks, governmental action, app-store action, processor interruption, or failures of third-party infrastructure. This Section does not excuse payment obligations already accrued.

40. Entire Agreement; Order of Terms

These Terms, the Privacy Policy, transaction disclosures, and policies expressly incorporated by reference constitute the agreement between you and Clurb concerning the Platform and supersede prior agreements on that subject.

Club-specific terms govern the Member-Curator relationship only and do not modify Clurb's rights or obligations unless Clurb expressly agrees in writing. If app-store terms conflict with these Terms regarding app-store billing, the app-store terms govern that billing issue.

41. Severability

Except as specifically provided in Section 33, if a provision is held unlawful or unenforceable, it will be enforced to the maximum lawful extent and the remainder will remain effective.

42. Assignment

You may not assign or transfer these Terms without our prior written consent. Clurb may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, financing, sale of assets, operation of law, or other corporate transaction.

43. Waiver; No Third-Party Beneficiaries

A failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance.

Except for Apple as stated in Section 30 and the Clurb Parties protected by Sections 27 through 29, these Terms do not create third-party beneficiary rights.

44. Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following notice: The Platform is provided by In the Clurb, Inc. For complaints or further information, contact us using Section 45. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

45. Contact Information

In the Clurb, Inc.

Attn: Legal Department [REGISTERED BUSINESS ADDRESS] Los Angeles, California Legal: legal@clurbs.com Support: support@clurbs.com Privacy: privacy@clurbs.com DMCA Designated Agent [AGENT NAME] [PHYSICAL ADDRESS] Telephone: [TELEPHONE NUMBER] Email: copyright@clurbs.com By using the Platform, you acknowledge that you have read, understood, and agree to these Terms of Service.