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Terms of Service

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Updated October 15, 2018


This website is made available to you, the user, member or customer (“you“ or “your“ being interpreted accordingly) subject to these terms and conditions (“Terms“ or “Terms and Conditions”).

 

The following describes the Terms on which We offer the user, the use of this site, our service, including, but not limited to www.saccollective.com, our mobile applications, or any future distribution channels to include information (including the Intellectual Property [as defined below]), services and products on Our web site and related web pages or in person (collectively, the "Services"). By accepting these Terms, you confirm that you have read, understood and accepted these Terms of Service and that you agree to be legally bound by them. If you do not agree to these Terms of Use, please refrain from using the website.

We reserve the right to modify, amend or restate the Terms from time to time with or without prior notice.

 

OWNERSHIP

This Site is operated by Sportive Automobile Club, LLC.  a Florida entity with a primary mailing address of 855-21 St. John’s Bluff Road, Jacksonville, FL 32225.  Referenced by (“SAC”, “We“, “Us“ and “Our“ being interpreted accordingly).

 

USE OF THIS SITE & OUR SERVICES

You represent that you have read and agree to be bound by the Terms. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Services in accordance with the Terms and Conditions, not to use the Services for illegal purposes, and not to interfere or disrupt the networks connected to the Services.
Your use of this web site and any Services after the posting of modifications to these Terms and Conditions will constitute your acceptance of the Terms and Conditions as modified.

 

RESTRICTIONS ON USE

You may not use the Services for any illegal purposes or in any manner inconsistent with the Terms and Conditions. You agree to use the Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.

You agree to promptly notify Us upon becoming aware of any unauthorized access or use of the Services by any party or any claim that the Services infringes upon any copyright, trademark or other contractual, statutory or common law rights.

 

FURTHER RESTRICTIONS ON USE

YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.

YOU MAY NOT USE THE SERVICES IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH OUR CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.

YOU WILL NOT USE THE SERVICES OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL.

YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICES. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS.

 

CONTENT ON THIS SITE

Your use of this Site and its contents including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials that you access (“Content“) is subject to these Terms. Any Content that you access on this Site is either owned by us (or third parties who licence such Content to us) and is made available to you, for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission.

The names ‘Sportiva Owners Circle, SAC and other business names and logos displayed on this Site may be trademarked belonging to us (“Trade Marks”).

 

LINKS TO OTHER WEBSITES

This Site may link to third party websites from time to time. These links are provided for your convenience only. We do not control third party websites and are not responsible for their contents or how they operate. Where this Site includes any links to third party websites, this does not imply any endorsement by us of the goods, services or materials made available on such websites. You acknowledge that (to the maximum extent legally permitted and unless we state otherwise) we shall not be liable in respect of your use of those third party websites or any purchase you make through them.

To the maximum extent legally permitted, you cannot link to or seek to extract data from this Site or reutilise any part of this Site or Content for any commercial purpose or use our Trade Marks in a way that suggests that you or your business has any endorsement from or affiliation to us without our prior written permission (at our sole discretion).

 

INTELLECTUAL PROPERTY

This web site contains material which is derived in whole or in part from materials supplied by Us, our Partners, Sponsors and various other sources. This web site, including but not limited to its text, logos, content, photographs, flash animations, video, audio and graphics (the "Intellectual Property"), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Intellectual Property is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services.

If you would like to make copies and/or distribute certain information, please contact us.

 

NO LICENSE GRANTED

You acquire absolutely no rights or licenses in or to the Services and materials contained therein other than the limited right to utilize the Services in accordance with the Terms and Conditions. Should you choose to download content from the Services, you must do so in accordance with the Terms and Conditions. Such download is licensed to you by Us only for your own personal, noncommercial use in accordance with the Terms and Conditions and does not transfer any other rights to you.

 

ACCURACY DISCLAIMER

We do not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the web site or linked from the web site. All information contained on this web site has been obtained from sources believed by Us to be accurate and reliable. The ads, press releases, and newsletters are also provided by the identified organizations. We do not edit or control the information We receive, although it may note obvious errors that have been discovered. Due to the possibility of human and mechanical error, We are not responsible for any errors or omissions.  LIABILITY DISCLAIMER: The material provided on this web site could include technical inaccuracies or typographical errors and the web site may be subject to periods of interruption. We may make changes or improvements at anytime.

 

RIGHTS RESERVED

All present and future rights in and to the Intellectual Property and other proprietary rights of Us of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services (the "Intellectual Property Rights") shall, as between you and Us, at all times be and remain the sole and exclusive property of Us. All present and future rights in and title to the Services (including the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to Us for Our exclusive use. Except as specifically permitted by the Terms and Conditions, you may not copy or make any use of the Services or any portion thereof.

 

SERVICES

Memberships - Members are required to apply to SAC and are selected based solely at the discretion of the SAC Admission Committee. SAC has the right to approve or deny membership at any time with or without reasoning, including revoking membership for any cause they deem.

Events - SAC Membership grants Members access to gatherings and social engagements (collectively “Events”) throughout the year. All Events are conducted with the utmost respect of our Members, Partners, Sponsors and Associates. We expect all Members to reciprocate the same common courtesy to SAC, its affiliates and each other. Each Membership allows up to two attendees total (SAC Member plus one Guest) to attend each Event. Events are scheduled at times, dates, or locations at the sole discretion of SAC and can be scheduled, modified, cancelled and or otherwise altered at any time for any reason by SAC. We will do Our best to communicate event or membership changes via our website or other communication channels in a timely manner but are under no obligation to ensure receipt of communications to Members.
Members are issued personalized Membership Cards for access to monthly Events and must present their credentials for entry to Events.

From time to time We offer on-premise demonstrations from our partners and sponsors of their products and services. SAC makes no warranty of these products and services and Members agree to hold SAC harmless from any and all actions caused, by, with, and or in conjunction with, our Partners, Sponsors or Affiliates. Members furthermore indemnify SAC, is Affiliates, Staff, Partners, or Sponsors from any liability caused by Members voluntary at-will participation at Events.

For marketing purposes, SAC is entitled to take photographs and/or make film recordings of Events and persons present there. All Participants, Staff, Affiliates, Partners or Sponsors engaged agree and assign right and access to their publication and/or distribution of photographs and recordings and indemnify SAC against any claims in this respect.

Members are considered Members At Large and in good standing upon successful completion of payment of monthly or annual fees. Membership is granted for the period coinciding with their recurring payment schedule (Monthly or Annually).

Payments - Members agree to maintain their preferred payment method on the SAC website and will remedy any failed attempts for payment processing within three (3) business days of any failed attempts. After a third failed attempt, Membership status is considered suspended.

Cancellations - Members can cancel their Membership at any time, in writing with a thirty day (30) notice. Cancellations accepted within thirty (30) of any Event will take effect for subsequent Events.

 

OUR LIABILITY

Nothing in these Terms shall exclude or limit our liability where applicable law does not permit us to restrict or exclude particular obligations or liabilities.

Subject the above paragraph we do not accept any liability for damage to any computer or device that you use to access this Site or in relation to any loss of data when you use this Site. In addition, we cannot guarantee that any Content you access or download is free from viruses, worms or other malware, and you should check that you have suitable, up to date virus or malware protection on your computer or device.

While We endeavor to maintain the highest professional quality of the Services We offer on Our website, We cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this web site. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, the use of, or the inability to use, the materials in the Services even if there is negligence by Us or an authorized representative of Us; user has been advised of the possibility of such damages. The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. Our total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence, or otherwise) will not exceed the amount you paid to Us to access the Services.

 

INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify and hold Us, Our officers, directors, owners, agents and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Services using your computer, of any Intellectual Property or other right of any person or entity. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

POLICIES CONCERNING CLAIMS OF INFRINGEMENT

It is Our policy to respond expeditiously upon receiving notice of claimed intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws.

  • All notices of copyright infringement should be sent to Us.
  • Notices of copyright infringement should contain the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit We to locate the material.
  • The address, telephone number, or email address of the complaining party.
  • A statement that the complaining party has 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.

A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We reserves the right to remove and/or disable access from the Service to web pages of repeat infringers and reserves the right to terminate all account holders and subscribers who are repeat infringers of intellectual property laws.

 

GENERAL DISCLAIMER

We are not responsible for any direct, indirect, incidental, consequential or any other damages arising out of or in connection with the use of this web site or in reliance on the information available on the web site or any of our services.. This includes any personal injury, business interruption, loss of use, lost data, lost profits, or any other pecuniary loss, whether in an action of contract, negligence, or other tortuous action, even if We have been informed of the possibility.

 

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law and you hereby consent to the jurisdiction of such courts.  If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions

Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches.  If We ask a third party to provide Services through this web site, the provisions of this agreement shall apply to your use of the Services, unless otherwise noted. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Our reasonable control.

We do not make any representation and exclude all warranties, terms or conditions (whether express or implied by law or otherwise) in respect of the Site or its Content, including, without limitation, any decision you take on the basis of information provided through this Site, except that nothing in these Terms shall exclude or restrict your statutory rights or other rights that cannot be excluded or restricted under applicable law. Except as set out above, we will not be liable for (1) any indirect, consequential or special loss or damage; or (2) any lost revenue, profits or other economic loss (whether direct or indirect), however arising from your use of this Site.

 

PURCHASE OF PRODUCTS OR SERVICES

If you elect to purchase any products or services which we offer to you through this Site (or any affiliated website) this may be subject to new and/or additional terms and conditions which will be notified to you at the time.

 

SEVERABILTY & WAIVER

If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and this Agreement shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable.

The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights. Furthermore, no waiver of any of these Terms shall be effective unless made in writing by us and a waiver (or non-enforcement) shall not be construed as a waiver of any subsequent breach.

 

GOVERNING LAW

In the event of any dispute between you and us concerning these Terms, this agreement will be governed by and construed in accordance with the laws of the state of Florida.

 

CONTACT

If you have any questions or concerns regarding the Site or these Terms, you can contact us by emailing [email protected]