Cash Hard Club
Terms of Use
The short version.
- The app is free. It shows our pieces and events. Every purchase happens on our official store, under the terms and policies shown there.
- We work to keep prices, stock and event details right, but mistakes happen. What the checkout shows is what counts.
- Events have age limits and venue rules. You’re responsible for your own conduct and safety.
- If there’s ever a problem, email us first. Anything we can’t settle goes to small-claims court or the courts in Alabama, one person at a time, not as a class action (Section 14).
The full terms below are what apply.
1. Who we are and what these terms cover
These Terms of Use (“Terms”) are an agreement between you and Daniel White and Kalen Cole, who own and operate CASH HARD CLUB (together, “CASH HARD CLUB”, “we”, “us”). If we form a company to run CASH HARD CLUB, that company will take over our role under these Terms (Section 22). These Terms cover the Cash Hard Club app for iOS and Android (the “App”) and our website, cashhardclub.com (together, the “Services”). The App is built and published on the App Store and Google Play by Adam Rutledge (the “Publisher”) on our behalf. We, not the Publisher, Apple or Google, are responsible for the App’s content, our products, our events and our store. You accept these Terms when you tap “Agree and continue” in the App. If you don’t agree, please don’t use the App. When you use our website, these Terms describe how we run it. Our Privacy Policy (cashhardclub.com/privacy) explains how we handle information.
2. Who can use the Services
The Services are meant for adults. If you are 13 to 17, use the App only with a parent’s or guardian’s permission. The App is not for children under 13. To buy from our store you must be 18 or older, or have a parent or guardian make the purchase. Some events are 18+ or 21+. Entry is decided by the age limit shown for the event and the venue’s ID check.
3. Your licence to use the App
We give you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for personal, non-commercial use, under these Terms and the app store’s rules. Don’t copy, modify, reverse-engineer (except where the law allows), scrape, resell, overload or interfere with the App or the Services, and don’t use them unlawfully. We may change, suspend or discontinue any part of the App at any time.
4. Products, prices and purchases
4.1 The store. “Buy” and “Get tickets” open our official store, which runs on Squarespace, in a browser window. Every order is placed with us under the terms, refund, shipping and ticket policies shown on the store at checkout. The App doesn’t process payments. Apple and Google are not involved in store purchases.
4.2 Details can be wrong or out of date. Prices, sizes, stock labels (such as “Sold out” or “Limited”) and event details in the App come from our website and store and can lag or contain errors. The price, availability and description shown at checkout are the ones that apply. If a price or description is clearly wrong, we may cancel the order and refund you in full, even after it’s confirmed.
4.3 Images and renders. Product galleries include photos, and some include digitally generated renders and short animations of our pieces, which are labeled “Digital render”. Renders illustrate the design. The actual item’s colour, fabric, fit and details may differ slightly.
4.4 Drops. Alerts and saved pieces don’t hold or reserve anything. Pieces and tickets go to completed orders, first come, first served.
5. Events
5.1 Dates, line-ups, venues, prices and age limits can change, and events can be postponed or cancelled. Tickets are governed by the ticket terms and refund policy shown on the store at checkout.
5.2 Events take place at third-party venues. The venue is responsible for its premises, bar service and ID checks. Follow the venue’s rules and staff, bring valid government-issued photo ID, and meet the age limit. The venue or we may refuse entry to, or remove, anyone for safety, intoxication, violence or breaking the rules, as the ticket terms allow.
5.3 Nightlife events involve crowds, loud music, low light, strobe lighting and, at some events, alcohol served by the venue. You attend voluntarily and are responsible for your own conduct, belongings and choices, including about alcohol. Drink responsibly, and never drive impaired. Nothing in this section limits liability that the law does not allow to be limited.
6. Drop Alerts
Drop Alerts are optional promotional push notifications about new pieces and events. Turn them on or off at any time in the Alerts tab or in your phone’s settings. We don’t guarantee that alerts arrive, or that they arrive on time.
7. Third-party services and links
The Services rely on or link to services we don’t control, including Squarespace (store and checkout), payment processors, Instagram, Google Maps, OneSignal (notifications) and the app stores. Their own terms and privacy policies apply, and we aren’t responsible for them. You must also follow any third-party terms that apply to you when you use the App, such as your mobile carrier’s.
8. Our content and brand
CASH HARD CLUB, our logos, designs, photos, renders, videos and text, and the App, are owned by us or our licensors and protected by law. Apart from the licence in Section 3, you get no rights in them. Sharing links to our pieces is always welcome.
9. Feedback
If you send us ideas or feedback, we may use them without owing you anything.
10. Privacy
Our Privacy Policy explains what information the App and website handle. It is part of these Terms.
11. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON’T PROMISE THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE OR ACCURATE. Any warranties for products you buy are the ones the law provides and any stated on the store. Some places don’t allow these exclusions, so some of them may not apply to you.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (a) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS; AND (b) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE APP OR THESE TERMS IS LIMITED TO FIFTY U.S. DOLLARS (US$50), AND FOR CLAIMS ABOUT AN ORDER OR TICKET, TO THE AMOUNT YOU PAID FOR THAT ORDER OR TICKET. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE THE LAW DOES NOT ALLOW IT, FOR FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR ANY LIABILITY OR CONSUMER RIGHT THAT CANNOT BE LIMITED OR WAIVED UNDER APPLICABLE LAW.
13. Your responsibility to us
To the extent permitted by law, you will defend and compensate us and the Protected Parties (Section 20) for third-party claims and related costs, including reasonable legal fees, that arise from your breach of these Terms, your misuse of the Services, or your violation of the law or of anyone’s rights.
14. Disputes: talk to us first, then small claims or Alabama courts, individual claims only
PLEASE READ THIS SECTION. IT AFFECTS HOW DISPUTES ARE RESOLVED.
14.1 Talk to us first. Before bringing any claim, email danielwhite@cashhardclub.com or kalencole@cashhardclub.com with your name, your contact details, what happened and what you want. We’ll both try in good faith to resolve it within 60 days. Deadlines for bringing claims are paused during that time.
14.2 Small claims. Either of us may bring an individual claim in small-claims court if it qualifies.
14.3 Individual claims only. To the fullest extent permitted by law, you and we may bring claims only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding.
14.4 Jury waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS.
14.5 Your local rights. If you are a consumer, you keep any right your local law gives you to bring a claim where you live, and any protection your local law does not let you give up.
15. Governing law and courts
These Terms are governed by the laws of the State of Alabama, without regard to conflict-of-laws rules. Apart from small-claims cases and the rights in Section 14.5, any dispute will be heard only in the state or federal courts located in Alabama, and you and we consent to their jurisdiction.
16. Apple App Store terms
If you downloaded the App from Apple’s App Store: (a) these Terms are between you and us, not Apple, and Apple is not responsible for the App or its content; (b) your licence is to use the App on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (the App may also be used by other accounts through Family Sharing); (c) Apple has no obligation to provide maintenance or support for the App; (d) if the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund any purchase price for the App (the App is free); to the maximum extent permitted by law, Apple has no other warranty obligation for the App; (e) Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer-protection, privacy or similar claims; (f) if a third party claims the App or your use of it infringes their intellectual property rights, Apple is not responsible for investigating, defending, settling or discharging that claim; (g) you represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties; (h) send questions, complaints or claims about the App to us using the contact details in Section 21; and (i) Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple may enforce them against you. Apple’s standard Licensed Application End User License Agreement also applies to your download of the App.
17. Google Play
If you downloaded the App from Google Play, Google is not a party to these Terms and is not responsible for the App. Google Play’s own terms apply to your use of Google Play.
18. Changes to these Terms
We may update these Terms. We’ll change the effective date above and, for material changes, tell you in the App and ask you to agree again before the changes apply to you. Changes don’t apply to disputes you have already notified us about. If you don’t agree to a change, stop using the Services.
19. Ending these Terms
You can stop at any time by deleting the App. We may suspend or end your access if you break these Terms. Sections 4.2, 8, 9 and 11 to 22 continue to apply after that.
20. Protected Parties
Our owners, members, managers, employees and contractors (including the Publisher) and our service providers (“Protected Parties”) may rely on and enforce Sections 11, 12, 13, 14 and 15 as if they were parties to these Terms.
21. Contact
Cash Hard Club · @cashhardclub · Alabama, USA · danielwhite@cashhardclub.com · kalencole@cashhardclub.com · Instagram @cashhardclub
22. General
These Terms and the Privacy Policy, together with the store’s terms and policies for purchases, are the entire agreement about the Services. If any provision is found unenforceable, the rest stays in effect. Not enforcing a provision isn’t a waiver of it. You may not transfer these Terms. We may transfer them without your consent to an affiliate or successor, including a company formed to run CASH HARD CLUB, and the App may be moved between app-store accounts. Headings are for convenience only.
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