1. Use of Website and service
'Event' means any event organized by Rally Point East at 215 Rogers Way, Westhampton Beach, NY 11978 or any other location event planned and hosted by Rally Point East;
'Guest' means a person who is a guest of a Member and who has been prior approved in writing by us to purchase tickets for and attend an Event with the relevant Member in accordance with such terms as we may require for such attendance;
“Guest List” means a list held by us that states the names of all persons, whether a Member, Guest, or third party, who are authorized and confirmed by us to attend a specific Event;
'Member' means any person whose application for registration as a member with the Website and/or Rally Point East has been accepted by us and remains valid;
'Service' means the service provided by Rally Point East to Users including but not limited to using the Website, registration as a Member together with any and all associated benefits including the ability to participate in Events and storage of members vehicles;
'User' means any User of the Website including but not limited to Members and Users who sign up to inquire about membership and services;
“Waitlist” means the list of names held by us for each Event whereby those on said list are not confirmed to attend the Event, but have requested that they be allowed to attend said Event in the event of a cancellation or opening in the guest list occurs.
3. Accessing Our Website
3.1 If you are provided with a user name, identification code, password or any other piece of information as part of our security procedures, you must treat such information as personal and confidential to you, and you must not disclose this to any third party. We have the right to disable any user name, identification code, password, or other security procedures (whether chosen by you or allocated by us), at any time, if in our opinion you have failed to comply with any of these Terms.
3.2 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for and shall remain liable for anyone accessing or using the Service using your user name, identification code, password or other information provided as part of our security procedures. Please ensure that anyone accessing our Website through your internet connection is aware of these Terms.
4. How a contract is formed between you and us.
4.1 No contract will exist between us until you have submitted to us such an application and we have accepted this by means of a confirmation email.
5. Membership and Membership Fees
5.1 Rally Point East offers one membership type, and car storage for an additional fee. For details of the various annual Membership privileges, limitations and fees, please fill out our inquiry form or contact firstname.lastname@example.org
5.2 All Membership fees are payable in U.S. Dollars inclusive of any applicable sales taxes, in those cases where Rally Point East is obliged to collect such taxes. All such fees are payable via our Website using a Credit or Debit card only. Payments will not be treated as having been made until Rally Point East has received cleared funds in respect of all sums due.
5.3 Prospective Members shall not be given access to the Member-only Services until such time as payment for the full Membership fee has been received by us.
5.4 All Memberships are annual, and full payment is due upfront in advance of the year. Your Membership year shall commence upon the date your Membership is accepted by us and terminate 1 year thereafter. We will automatically charge your credit card annually in advance, unless and until you cancel your account. All payment obligations are non-cancelable and non-refundable.
5.5 We have the right at our absolute and sole discretion to limit the number of Members or to refuse Membership in the first instance or Membership renewal to any person for any reason.
5.6 We may change our policy on membership fees at any time and any change will be immediately effective for new members and effective upon renewal of membership for existing Members. 5.7 By completing and submitting your application for membership via our website or in person, you agree to be bound by these terms and conditions and Rally Point East’s Club Rules.
6. Events and Event fees
6.1 Majority of in-house events for members will be free of charge. Guests may be subject to said Event fees at our sole discretion. There will be off site events as well as certain special events that may require an Event fee from the member, guest, and guest list. Event fees, if any, are determined on an event-by- event basis. Fees are displayed on the event invitation and are in U.S. Dollars inclusive of sales taxes, if applicable. Once registered for event, your card on file will be charged in advance of attendance. Payments for Events will not be treated as having been made until we have received cleared funds in respect of all sums due, and we reserve the right to refuse admission to an Event in cases of non-payment prior to the relevant Event.
6.2 During Events, you must be a current and valid Member to attend or participate in any Event and be added to the Guest List.
6.3 We have the right at our absolute discretion to limit the number of Members or Guests who may attend any Event or on reasonable grounds to prevent any Member or Guest from taking part in or continuing to participate in any Event.
6.4 We reserve the right to cancel or to change the date, time, program or venue of any Event for any reason, including but not limited to situations where the requisite numbers of participants for an Event have not been met by the applicable deadline for that Event. If you purchase ticket(s) for an Event(s) we will use commercially reasonable efforts to inform you of any such change as soon as possible and you agree that it shall be your responsibility to inform any person for whom you have bought tickets of any change to an Event
6.5 Our liability to you in respect of cancellations or variations of Events shall be limited to the return of any sums paid by you in relation to that Event.
6.6 Most events have a limited capacity and Members are given priority for each Event. Just because you are invited to an Event does not mean you are allowed to attend said Event. Members, their Guests, Users and third parties are NOT confirmed to attend any Event unless and until you register for said Event on this Website, unless expressly advised by us that you do not have to, and you receive an email from us expressly confirming your name on the Guest List. Generally, attendance is on a first-come, first-serve basis, so we encourage you to register for any desired Events as soon as is practicable.
6.7 We use commercially reasonable efforts to ensure that the accuracy of the information about Events displayed on the Website or otherwise communicated to you by us is correct. If the details of an Event have been published incorrectly we will endeavor to correct any said errors and/or inform you of the error(s) as soon as practicable.
6.8 If you wish to or need to cancel your participation in an Event having previously registered for said Event, you must notify us in writing as soon as is practicable so we may offer your spot of the Guest List to those of the Waitlist. If you are a Member and have any Guest(s) attending, your cancellation will also cancel your Guest(s) attendance. If we do not have your Guest(s)’ contact information, it is your responsibility to inform and advise your Guest(s) of their cancellation. 5.2 All Membership fees are payable in U.S. Dollars inclusive of any applicable sales taxes, in those cases where Rally Point East is obliged to collect such taxes. All such fees are payable via our Website using a Credit or Debit card only. Payments will not be treated as having been made until Rally Point East has received cleared funds in respect of all sums due.
7. Participation in Events
7.1 By attending any Event or when at the club during normal business hours, you agree to conduct yourself at all times in a responsible and respectful manner with other attendees or the general public or third parties at Events. We do not assume any responsibility for your actions or the actions of any other Member or other attendee at any Event.
7.2 Members, Guests, and/or third parties who attend any Events or when at the club during normal business hours, but who fail to behave responsibly and/or correctly (for example in a drunken or disorderly manner) may be expelled, suspended or prevented from continuing with an Event in our sole and absolute discretion, and we may terminate your Membership or preclude your attendance at future Events on such grounds. You acknowledge and agree that venue owners/operators, sponsors or other organizers may also be entitled to refuse you admission to an Event or stop your continued participation in an Event for these and/or similar reasons. Rally Point East does not serve any alcohol. Alcoholic beverages are available, but they are not served nor sold. Members consumption of alcohol and conduct during and after consumption is the sole responsibility of each member.
7.3 By using this Website and/or attending any Event, you consent to the use of your photo, image, name, voice, on our social media and promotional materials, the websites, social media and promotional materials of our affiliates, partners, sponsors, venue suppliers, food and/or beverage suppliers, and others with whom we do business or cross-promote/cross- brand.
8. Terms for Vehicle Storage If you choose to store your vehicle with Rally Point East, the following terms apply: 8.1 Member is required to provide proof of ownership at the time the vehicle is dropped off. 8.2 Customer shall be responsible for ensuring that appropriate motor vehicle insurance coverage, including liability coverages and full stated value physical coverage, is in force and effect from the Storage Start Date until this agreement expires. The Customer agrees and warrants that the insurers of required coverages shall waive all rights of subrogation against Rally Point East LLC, the building owners, or manager of the Storage Facility. If, for whatever reason, Customer does not maintain appropriate motor vehicle insurance coverage for the Vehicle(s) from the Storage Start Date until this agreement expires, Rally Point East will in no event be liable to Customer for damage to Vehicle(s) that, but for the omission for the Customer, would be insured by Customer’s insurance policy. 8.3 Member agrees to rent a vehicle parking space(s) located at 215 Rogers Way, Westhampton Beach, NY 11978 8.4 All Charges must be up to date prior to removal from the property. 8.5 If the monthly rent and all other charges due are not received in full by their required due date, member will pay a late charge fee of $50 per time frames addressed in the payment terms, in addition to the per month rental charge. Payments not made for a 60-day or greater period allows Rally Point East to remove the vehicle from indoor storage. Rally Point East is not responsible for damage or theft of vehicles that have been removed from storage due to non-payment. Payments not made for a 90-day or greater period allows Rally Point East to assume the vehicle is abandoned & a mechanics lien will be placed on the vehicle to obtain a title. 8.6 Any access outside normal business hours must be by appointment only. 8.7 Member has looked at the space and the surrounding areas and found them to be in satisfactory condition. 8.8 Member will store only property that the Member owns and will not store property that is claimed by another person or in which another person has an interest. 8.9 Rally Point East will have no responsibility to Member or any other person or damages to their property, or any injury to them unless Rally Point East intentionally causes the damage or injury. Member will be responsible for any damage or injury not caused by Rally Point East’s intentional conduct. 8.10 Member understands that Rally Point East does not, and will not, insure Member’s property. Member has the sole responsibility for insuring its property. 8.11 Mechanical work may not be performed by the Member while the Property is stored at Rally Point East. 8.12 Member must provide a set of keys to be kept at Rally Point East. 8.13 Rally Point East may end the rental agreement if Member breaks any promises made in the Rental Agreement or if Member abandons his or her property at the facility.
9. LIMITATION OF LIABILITY AND DISCLAIMER 9.1 Rally point east is providing the website on an "as is" basis and to the fullest extent permissible by law makes no (and expressly excludes all) guarantees, representations (except for fraudulent misrepresentation) or warranties of any kind (express or implied) with respect to the website and its contents or any websites to which it is linked including, without limitation, warranties as to quality, fitness for purpose and non-infringement.
9.2 Rally point east is in no way responsible for your actions or the actions of any other member, including but not limited to the actions of members, guests or other attendees at events.
9.3 Rally point east and its affiliates, directors, officers, employees, agents, partners and licensors make no warranty that the information accessible via the website is accurate, complete, reliable or current nor that the website will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses, worms, trojan horses or other harmful elements. we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user, or by anyone who may be informed of any of its contents. You acknowledge that any reliance on the accuracy, timeliness or completeness of any information or material on the website is at your own risk.
9.4 Rally point east’s total liability in contract, tort (including negligence or breach of duty) misrepresentation or otherwise arising in connection with its performance of the service or any part of it shall be limited as follows:
9.4.1 For members, the membership fee and any other fees paid by such member to us during the year of such membership; and
9.4.2 For guests, the amount of any fees paid to us for event(s) attended by that guest in the relevant calendar year of his agreement.
9.6 Nothing in these terms shall exclude or limit rally point east’s liability for death or personal injury caused by its negligence or for fraudulent misrepresentation or for any liability which cannot be excluded or limited by law.
10.1 Rally Point East may suspend a Member or terminate a membership whether on a temporary or permanent basis at our discretion and with or without prior notice:
if the Member fails to make any payment due to Rally Point East when due; and/or
if the Member is in breach of any of these Terms; and/or
10.2 Notices to Members will be sent to the email addresses provided in the relevant registration or application pages.
10.3 Provisions of these Terms which expressly or impliedly are intended to survive termination will remain in force after such termination, including but not limited to the Indemnity provisions (section 15 below).
11. Limitation of Liability
11.1 To the maximum extent permitted by applicable law, Rally Point East shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for intangible losses, resulting from: (a) any use or inability to use Rally Point East’s facilities including, without limitation, disruption arising from any cause; or (b) unauthorized access to or alteration of your personal information or membership data. If we are adjudged to be liable by a court or other body of competent jurisdiction to you for any reason whatsoever, you agree and understand that you may not recover damages in excess of the amount of membership fees that you actually paid to us during the year in which the event occurred that gave rise to our liability. The limitations of liability contained in this paragraph are a material part of our agreement to provide Club membership to you.
12. Release and Indemnity
12.1 Members agree to release, waive, discharge, defend, indemnify, and hold Rally Point East, its subsidiaries, affiliates, officers, employees, agents, representatives, Members and other third parties harmless from all liabilities, losses, damages, costs, and expenses (including attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your Membership in Rally Point East, your use of Rally Point East’s facilities, and/or your violation of this Membership Agreement, any law or the rights of any third party.
13. Severability; conflict:
13.1 If a court or an arbitrator of competent jurisdiction determines that any provisions, terms or conditions of this Membership Agreement are illegal, unenforceable, or invalid in whole or in part for any reason, the remaining provisions (or portions of them) and obligations shall remain in full force and effect and shall be valid and enforceable to the fullest extent permitted by law. If there is a conflict between the provisions of Rally Point East’s Membership Application and this Membership Agreement, the terms of this Membership Agreement shall prevail.
14. Force Majeure
14.1 Rally Point East shall not be liable to any Member, nor may Rally Point East be deemed to have defaulted under or breached this Membership Agreement, for any failure or delay in fulfilling or performing any term of this Membership Agreement or any services hereunder due to any of the following causes beyond Rally Point East’s reasonable control: (i) acts of God, (ii) flood, fire or explosion, (iii) war, invasion, riot, terrorism, or other civil unrest, (iv) actions, embargoes or blockades in effect on or after the date of this Membership Agreement, (v) action by any governmental authority, (vi) national or regional emergency, (vii) strikes, labor stoppages or slowdowns or other industrial disturbances, (viii) shortage of adequate power or transportation facilities, (ix) wide-spread health emergencies such as epidemics or pandemics, or (x) any other event that is beyond the reasonable control of Rally Point East.
15. Updates to Rules
15.1 The Membership Agreement, Club Rules, and benefits may change in the future at any time at the discretion of Rally Point East’s Management. Rally Point East will communicate any changes to club rules via our website or by other means of communication.