MEMBERSHIP TERMS & CONDITIONS
The following terms and conditions govern the Membership, or Service and the benefits available at Hot Rods & Handguns hereunder ("HRHG”). ALL PERSONS PURCHASING A MEMBERSHIP WITH HRHG ARE ENCOURAGED TO READ THE MEMBERSHIP TERMS & CONDITIONS CAREFULLY AND IF YOU HAVE ANY QUESTIONS TO CONTACT A HRHG REPRESENTATIVE AT HELLO@HOTRODSANDHANDGUNS.COM This membership terms & conditions (the "Terms and Conditions," or "Agreement") is made between Hot Rods & Handguns ("HRHG"), a California Corporation with executive offices at 5872 Engineer Drive Huntington Beach, CA 92649 and the person ("You" or the "Member") registering, signing or requesting membership with HRHG or as otherwise specified on the HRHG membership card.
1. Description of HRHG Services. Each Member is entitled to receive discounts and other benefits on specified membership related services and other products and services offered by participating vendors and thru premises ("Benefits") as described for the various levels of membership. Once selected, a Member’s membership level and all the rights and restrictions that may apply thereto are immediately and forever incorporated into this agreement. Membership and Membership level rights and restrictions are subject to change in accordance with the provisions of paragraph (20) found herein.
1.1 All Benefits, including, without limitation, a then current listing of participating vendors,
are accessible online at www.hotrodsandhandguns.com To access Benefits or information related to Benefits to HRHG, a Member will be required to be a member in good standing and enter his or her HRHG registered email address and password;
1.2 A Member's actual savings and benefits will vary depending upon Member's specific
benefit and membership level. Discounts and other Benefits available to Members may not be combined with discounts from any other discount program;
1.3 Annual Membership Benefits are subject to discontinuation, change, modification,
improvement or substitution without notice and HRHG makes no representations or warranties with respect to, and accepts no responsibility or liability for, out of date or erroneous information related thereof;
1.4 The membership initiation fee for all HRHG Services and benefits is (subject to certain
additional requirements as proscribed by HRHG) non-refundable after payment is received except at prescribed by law. Upon obtaining membership, HRHG shall charge the member a onetime upfront non-refundable initiation fee and the first month’s monthly membership dues. If the member gains status before the official opening of HRHG, the initiation and first month will be charged to the member immediately, and the next monthly dues shall be charged only after the first month’s opening.
2. Membership Term. A Member shall be entitled to all of the Benefits available to Members of HRHG for the ensuing twelve-month period. Commencing on the date of acceptance of the Member's application for enrollment for each twelve-month period thereafter (the "Membership Term"). HRHG reserves the right, at its sole discretion, to change the terms and conditions of this Agreement at any time, with or without notice to any Member, or to cancel this Agreement or the HRHG Service. Membership renewal terms are subject to paragraph 7.3 found herein.
3. Electronic Disclosure and Consent. Your submission of an electronic email address on the application shall constitute your consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. HRHG will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided. At your request, HRHG agrees to provide you with a paper copy of any amendments to this Agreement. You may request paper copies of required notices by sending such request to MEMBERSHIP@hotrodsandhandguns.com.
3.1. You have the right to withdraw this consent, but if you do HRHG will immediately
terminate this Agreement and/or the HRHG Service. To withdraw your consent, please contact HRHG by sending such request to MEMBERSHIP@hotrodsandhandguns.com
3.2. It is your responsibility to maintain accurate contact information in your member profile and contact HRHG immediately if your electronic or US postal mail address changes and you are unwilling or unable to update the information online. You can contact HRHG to inform HRHG of such changes through the website.
4. HRHG Service Fee Renewal Fees. The current HRHG Service membership fee (the "Service Fee") will be automatically billed to Member's designated credit card account or other authorized billing source (e.g., debit card) on a monthly recurring basis as authorized upon any enrollment anniversary, for the Membership Term, unless cash or check payment has been received before said anniversary. Any Member who uses a debit card as the designated credit card account, or pays by check, acknowledges that HRHG will not be responsible for any fees or penalties associated with insufficient funds, bounced checks or any other form of fee due to a charge of the Service Fee for Member accounts. Unless Member cancels membership in the HRHG Service or alters status through the member profile online pursuant to Section 5 of this Agreement, or contact HRHG in writing, 30 days prior to the end of Member’s then-current Membership Term, HRHG will automatically renew membership at the end of such then-current Membership Term as authorized upon enrollment and bill the then-current renewal Service Fee to the designated billing source.
5. Members Right to Cancel HRHG Membership. Members have the right to terminate this Agreement and membership in the HRHG Service at any time. A Member may cancel this Agreement and membership in the HRHG Service, by sending such request in writing within 30 day to MEMBERSHIP@hotrodsandhandguns.com. Furthermore, any initiation fee will be forfeited as well as any member benefit guarantees on firearms or products. Due to the nature of the services provided by HRHG (many of which are accessible immediately upon acceptance) it is understood that refunds cannot be issued. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement or the HRHG Service. If Member feels that they have been billed multiple times for the Member Service for one Membership Term, Member should promptly send notice of such, including all membership contact details, billing dates,
transaction details and the credit card and/or debit card number that it was billed to MEMBERSHIP@hotrodsandhandguns.com.
6. Disclaimer of Liability. HRHG shall have no liability in regard to any services provided, or to be provided, by any non-affiliated third-party sponsor, affiliate or vendor ("Vendors"). All Vendors are independent contractors and not employees, partners or joint venture partners with HRHG. HRHG shall have no liability in regard to any Benefits provided, or to be provided, by any Vendor. You agree that claims with regard to services shall be made against the Vendor providing or performing such services and not HRHG. Although HRHG, upon request by the member, will endeavor to intervene in conjunction with a member experiencing a problem or discrepancy with a Vendor, in the event any product or service purchased by a Member is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim. Member understands and acknowledges that HRHG cannot force vendors to provide any product, service or promotion and that Vendors are free to run their businesses as they see fit and begin/halt such efforts at their own discretion.
7. HRHG Member Representation and Obligations. In return for the discounts and benefits available under the HRHG Service, each Member acknowledges such Member's obligations to HRHG as follows:
7.1. You have read the "Membership Terms & Conditions" carefully, and understand the
provisions of the HRHG Service and the billing method for the payment of the Membership Fee;
7.2. You may cancel your membership at HRHG at any time prior to the conclusion of the
then current Membership Term with a 30 day notice in writing sent to MEMBERSHIP@hotrodsandhandguns.com;
7.3. The Membership Term will renew automatically effective the first day following the
conclusion of the existing Membership Term (12 months) unless you elect to cancel in accordance with this Agreement (30 days’ notice prior to renewal date is required);
7.4. The benefits of membership in the HRHG Service are not assignable. Family ADD-ONS
can be purchased for Immediate Family to accompany Primary Membership Account Holders. For purposes of this Agreement, "Immediate Family" shall be limited to the Member, and his or her spouse and children residing in the same house, 18 years of age or older. You agree not to share any proprietary information supplied to you by HRHG including but not limited to coupon codes, discounts, incentives, and the like, to any third-party, individual, entity or institution. A violation of this provision could result in your forfeiture of membership in the HRHG Service, potential legal action from HRHG and/or potential legal action from the Vendor;
7.5 HRHG assumes no responsibility for the payment of or contribution to any use or sales
tax on Benefits that may be imposed by any state or federal taxing authority and such
taxes, to the extent imposed, shall remain the sole responsibility of the Member or the direct provider of the Benefits, as the case may be and;
7.6. You hereby represent and at all times during your membership maintain that you are
not a convicted felon, have not been adjudicated as mentally unstable or dangerous to others, not under a restraining order for any form of violence and not a danger to yourself or others. You hereby affirm that you will immediately inform HRHG if your answer to these representations change in any way, for any amount of time. Further You affirm to comply with any and all applicable State and Federal laws as they pertain to the use, possession, purchase, transportation or sale (whether private party or not) or otherwise, of firearms.
7.7 You agree to abide by all policies, terms and conditions found herein. You agree to abide
by any and all notices posted upon entry or anywhere in or on any HRHG controlled property or location. You agree to abide by any terms, conditions or rules communicated to You by HRHG in any form including but not limited to electronic mail, mail postage or SMS (text) Message.1 1 Standard message rates and data charges from the Member's carrier could apply.
8. Registration. Members must check in at the Member Check In/Range Check In every time they use the facilities provided by HRHG. Members failing to present a membership number may be denied member status.
9. Guests. Guests must be accompanied by a member and must check in at the front desk every time they use any of the HRHG’s facilities. Members are responsible for conduct and safety of their guests. A guest fee will be charged for each guest’s visit, if applicable. HRHG reserves the right to limit the guests a member may bring to any HRHG property or location. Rules regarding guests may be subject to change at any time, at the discretion of the HRHG.
10. Attire. Subject to change, proper attire is required at all times. Eye and ear protection are mandatory for the protection of members and guests. Close toe and heeled shoes are mandatory on any HRHG range. Not mandatory, but suggested attire includes high neckline shirts. For special courses offered, a baseball style cap may be recommended.
11. Damages. Each member shall be responsible for any damage to HRHG’s property caused by the member or guest.
12. Transferability. Memberships may not be sold or transferred in any part or form. No portion of the monthly, annual or lifetime dues will be refunded for any reason.
13. Involuntary Resignation and Suspension. HRHG reserves the right at any time to terminate or to suspend for such period of time as it shall deem appropriate the membership, privileges there under, of any member for failure to comply with any of these terms and conditions, or any posted or noticed rule(s) on any HRHG controlled property or location, or any conduct determined to be improper or in any way contrary to the best interest of HRHG. A membership may be terminated by notification immediately in person by HRHG or in writing mailed by HRHG to the last address shown on the records for the member being terminated. A terminated member will remain liable for all dues and other indebtedness incurred prior to receipt of membership cancellation by HRHG. At sole discretion of HRHG’s management, the membership of any member who shall have been in arrears in his/her account may, at the option of HRHG, be suspended or terminated. Reinstatement of membership may require payment in full of past due accounts and late fees.
14. Waiver of Claims. It is expressly agreed that all use of any of the HRHG’s facilities shall be undertaken by a member or guest at his/her sole risk, and HRHG shall not be liable for any injuries or any damage to any member or guest, and the property of any member or guest, or be subject to any claim, demand, injury or damages whatsoever. The member, for himself/herself and on behalf of his/her executors, administrator, heirs, assigns and successors does hereby expressly forever release and discharge HRHG, its shareholders, officers, employees, agents, assigns and successors from all such claims, demands, injuries, damages actions or causes of action. HRHG shall not be responsible for or liable to members or their guests for articles damaged, lost or stolen in or about the Range, for lockers or for loss or damage to any property including but not limited to automobiles and the contents therein.
15. Governing Law Arbitration. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of California. Any dispute arising between you and HRHG will be submitted to arbitration in the State of California, County of Orange in accordance with the rules of the American Arbitration Association then in effect. Nothing herein stated shall deprive you of the benefits of your state's consumer protection laws.
16. Disclaimer of Warranties. HRHG may act as a merchant or direct provider for many of the Benefits made available to Members. ACCORDINGLY AND UNLESS A VENDOR OR HRHG HAS AGREED OTHERWISE, ALL PRODUCTS, SERVICES, ADVICE, MERCHANDISE AND INFORMATION AVAILABLE TO MEMBERS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE ABOVE, NO WARRANTY OR GUARANTY IS GIVEN REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, CONTENT, DATA, SERVICE, ADVICE, SERVICE, PRODUCT OR MERCHANDISE PROVIDED OR AVAILABLE TO, OR PURCHASED BY MEMBERS THROUGH THE BENEFITS WEBSITE OR OTHERWISE THROUGH HIS OR HER MEMBERSHIP IN HRHG.
17. General Release. Each Member, for himself/herself, and on behalf of any person who uses the Benefits available through HRHG ("Membership Beneficiary"), hereby forever releases, acquits and discharges HRHG from any and all liabilities, claims, demands, actions and causes of action that such Member or such Member's legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all Benefits available through the HRHG Service. The sole recourse available to a Member, Membership Beneficiary or their legal representatives shall be the cancellation of the Membership.
18. Receipt of Mail. HRHG cannot guarantee that it receives any mail that Member claims to have sent. Member should, at Member’s own expense, send any notices to HRHG in a form to ensure to Member that their communication arrived at HRHG, which form may include but not be limited to FedEx, UPS, USPS Return Receipt Requested and USPS Certified Mail.
19. Entire Agreement. The foregoing Membership Terms & Conditions contain the entire terms and agreements in connection with Member's participation in the HRHG Service and no representations, inducements, promises or agreement, or otherwise, between HRHG and the Member not included herein, shall be of any force or effect. If any of the terms, clauses, sections or provisions be are deemed invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby.
20. Modification. HRHG hereby reserves the right to amend these terms and conditions without member’s consent. In doing so, HRHG may amend these membership terms and conditions at any time and from time to time, and do so retroactively if deemed necessary or appropriate, to amend or modify in whole or in part, any or all of the terms and conditions contained herein. Any modification shall apply to the member at the time the modification(s) is dispatched to the member. Dispatch can be made via, electronic mail, mail postage or SMS (text) messaging.2
21. Privacy. HRHG operates hotrodsandhandguns.com as well as the physical location at 5872 Engineer Drive Huntington Beach, CA 92649. This section informs you of HRHG’s policies regarding the collection, use and disclosure of Personal Information we receive from members and users of our Site. We use your Personal Information only for providing and improving the Site and/or our membership benefits. By using the Site and our physical location, you agree to the collection and use of information in accordance with this policy. While using our Site or physical location, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include but is not limited to your name ("Personal Information"). Like many site and storefront operators, we collect information that you or your browser sends whenever you visit our Site ("Log Data") or location. This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this information. We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information. Like many sites, we may use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
22. Binding Effect. The foregoing Membership Terms & Conditions shall be binding upon payment of your initiation fee, if any. If no initiation fee, then any monthly fee as shall endure until cancelation of your membership by yourself as the member or HRHG. Signatures are requested but not required and have no relevance in the binding effect of this document. The foregoing Membership Terms and Conditions shall inure to the benefit of HRHG and the Member as well as their respective successors and permitted assigns.