1) Eligibility (13+)
You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you are 13 or older.
If you are under the age of majority where you live, you represent that you have any permission required by applicable law to use the Service.
We do not knowingly permit children under 13 to use the Service.
2) Accounts and Email Verification
To use certain features, you must create an account. You agree to:
- Provide accurate information and keep it up to date;
- Maintain the confidentiality and security of your login credentials;
- Be responsible for all activity that occurs under your account, whether or not you authorized it.
Email verification is required. We may restrict or suspend accounts that are not verified.
No bots or automated access. You may not access or use the Service using bots, scrapers, crawlers, or other automated means, except where explicitly authorized by us under our paid API program (see Section 9).
3) User Content and Event Information
The Service allows users to post content, including car events (shows, meetups, and similar) and related information (“User Content”).
You are responsible for your User Content
You are solely responsible for your User Content and the consequences of posting it, including ensuring it complies with applicable laws and does not violate third-party rights.
Event disclaimer; assumption of risk
We are not an event organizer and do not control, verify, sponsor, or endorse events listed on the Service. We do not guarantee the accuracy, completeness, or reliability of event listings or user-provided information.
Attendance and participation are at your own risk. Car events can involve inherent risks, including injury, death, property damage, theft, and other harms. You are responsible for evaluating event safety, legality, venue rules, vehicle condition, and all precautions. You agree that CamberPass is not responsible for incidents, losses, or disputes related to any event.
4) Event Payments (Organizers, Attendees, Stripe Connect)
Definitions
- “Organizer” means a user who creates, publishes, or manages an event listing and/or collects registration fees through the Service.
- “Attendee” means a user who registers for, purchases, or attends an event listed on the Service.
- “Event Payments” means payments made by Attendees in connection with event registration and related fees.
Organizer is responsible; CamberPass is not the seller
Event registrations and related fees are offered and sold by the Organizer, not by CamberPass. The Organizer is solely responsible for the event and its operations, fulfillment, cancellations/postponements, safety, legal compliance, communications, and any disputes with Attendees.
CamberPass acts solely as a limited payment collection agent of the Organizer for the limited purpose of accepting Event Payments on the Organizer’s behalf. CamberPass is not the merchant of record for Event Payments, is not the seller, promoter, producer, owner, or operator of any event, and does not act as the Organizer’s broker, agent (except as expressly stated above), employer, joint venturer, partner, or fiduciary. Attendee payment to CamberPass (or Stripe on the Organizer’s behalf) satisfies the Attendee’s payment obligation to the Organizer. CamberPass is not a party to any agreement between an Organizer and an Attendee.
Stripe Connect processing
We use Stripe Connect to facilitate payment processing for Event Payments. Payment processing services are provided by Stripe and are subject to Stripe’s applicable terms and policies.
As a condition of receiving Event Payments, each Organizer must register for a Stripe account and agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (together, the “Stripe Agreement”). By registering as an Organizer and accepting these Terms, you agree to be bound by the Stripe Agreement, as it may be modified by Stripe from time to time. CamberPass’s continued provision of payment processing through Stripe is conditioned on your continued compliance with the Stripe Agreement. You authorize CamberPass to obtain, share, and update your information with Stripe in connection with onboarding, identity verification, underwriting, and ongoing account administration.
Service fee; pricing transparency
Current fees, including any platform service fee, processing fee, and payout fee, are disclosed in your Organizer dashboard and at the time of listing or checkout. Mandatory fees charged to Attendees will be disclosed before checkout in compliance with applicable all-in pricing laws. We may change fees prospectively on at least 30 days’ notice via email or in-product notification; changes do not affect events already published until you next edit the event or list a new event.
Payouts; holds; reserves; offsets; negative balances
We may set payout schedules and may delay, suspend, or cancel payouts for risk management, fraud prevention, disputes, chargebacks, reversals, refunds, compliance, or suspected violations.
You authorize CamberPass to issue refunds to Attendees and recover those amounts from the Organizer, including by deducting from payouts, applying an offset against future payouts, placing funds in reserve, or creating a negative balance owed by the Organizer.
We do not provide escrow services and do not guarantee payout timing or availability.
Attendee protections for canceled or materially changed events
If an event is canceled, materially relocated, or materially changed (date/time change beyond 24 hours, or a substantive change to the advertised experience) and the Organizer does not promptly offer a refund, Attendees may request a refund from CamberPass within 30 days of the original event date. CamberPass may issue a refund (in whole or part) from the Organizer’s funds available through Stripe and recover any shortfall from the Organizer under this Section. Organizers must publish a written refund and cancellation policy on each event listing; absent a stated policy, refunds will be available until 7 days before the event.
Force majeure; no-shows
Neither CamberPass nor (except as the Organizer’s policy provides) the Organizer is liable for failure to perform due to causes beyond reasonable control, including weather, natural disasters, acts of government, labor disputes, utility or network failures, pandemics, or venue unavailability. No-shows are not entitled to a refund unless the Organizer’s policy or applicable law provides otherwise.
5) Prohibited Content and Conduct
You agree not to post, upload, transmit, or otherwise make available any User Content or engage in any conduct that:
- Is illegal or promotes illegal activity;
- Is explicit sexual content or sexual exploitation;
- Infringes copyright, trademark, privacy, or other rights of others;
- Is harassment, threats, hate, or abusive conduct;
- Is spam, scams, phishing, fraudulent schemes, or malicious links;
- Contains malware or attempts to interfere with the Service;
- Includes advertisements, affiliate links, paid promotions, or solicitations (unless we expressly allow it in writing);
- Impersonates any person or entity or misrepresents affiliation;
- Shares personal information of others without consent;
- Attempts to bypass rate limits, access controls, or restrictions;
- Resells, transfers for value, or lists for resale any event registration obtained through the Service, except through resale features (if any) we expressly authorize. Registrations are personal to the named Attendee and may be voided without refund if resold in violation of this section.
6) Moderation and Enforcement
We post-moderate content. We may (but are not obligated to) review, monitor, or moderate User Content. We may remove, restrict, or disable access to any content or account at any time, with or without notice, for any reason, including suspected violations of these Terms.
7) Intellectual Property; No Copying / No Scraping / Link Sharing Only
Your ownership; license to CamberPass
You retain ownership of the User Content you post, subject to the license you grant us below.
By posting User Content, you grant CamberPass a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, cache, reproduce, modify (for example, resize and re-encode), create derivative works of (for example, thumbnails), publish, publicly perform, publicly display, and distribute your User Content solely for the purposes of operating, providing, improving, and promoting the Service and CamberPass’s business. The license survives termination only to the extent necessary for backups, residual copies, or content you previously shared with other users; otherwise it ends when you delete the User Content or your account, subject to reasonable processing time.
You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any law or third-party rights.
Our content
The Service and all content we provide (excluding User Content), including design, text, graphics, logos, and software (“Our Content”), are owned by CamberPass or our licensors and protected by intellectual property laws.
Limited permission to use the Service
We grant you a limited, revocable, non-transferable, non-sublicensable license to access and use the Service for your personal use (or, for Organizers using paid features, for the commercial purposes expressly authorized by these Terms or your subscription).
No copying, scraping, or mirroring; links only
Except where expressly permitted by us in writing, you may not copy, reproduce, republish, download, scrape, harvest, archive, index, mirror, redistribute, or republish any content from the Service (including User Content) outside the Service.
Sharing is permitted only by links to content on the Service. Copy/paste reposting, re-uploading, or republication is prohibited.
You may not use automated means to access the Service or collect content (including crawling, scraping, or bots), nor may you create a competing database, mirror site, or derivative service from Service content.
8) Organizer Obligations; KYC; AML; DMCA
Organizer representations and obligations
If you are an Organizer, you represent, warrant, and agree that:
- Authority and accuracy: You have all rights, permissions, licenses, permits, and authority necessary to list and operate the event and collect Event Payments, and event information you provide is accurate and not misleading.
- Compliance and safety: You will comply with all applicable laws, regulations, venue requirements, safety rules, and insurance requirements relating to the event and your collection of fees.
- No misconduct: You will not engage in fraud, deceptive practices, misappropriation of funds, or malicious or harmful conduct (including fake listings, bait-and-switch, or failure to provide an event as described).
- Identity verification (KYC): You will promptly provide and keep current all information Stripe or CamberPass requires to verify your identity, business, beneficial owners, and bank account, and you authorize verification with third parties. Failure to complete or maintain verification may result in payout holds, reserves, suspension, or termination.
- Age-restricted events: If your event involves alcohol, tobacco, cannabis, firearms, or other age-restricted activities, you are solely responsible for verifying attendee age and eligibility at the event and for complying with all applicable licensing, permit, and ID-check requirements.
- Refunds and cancellations: You are solely responsible for your refund and cancellation policy and for processing refunds as required by your policy and applicable law.
- Disputes and chargebacks: You are solely responsible for disputes, refund requests, chargebacks, reversals, and penalties arising from your event and Event Payments.
- Taxes: You are solely responsible for determining and remitting any taxes associated with your event (unless we expressly state otherwise in writing).
Sanctions and anti-money-laundering
You represent and warrant that you (and, if applicable, your beneficial owners, officers, and directors) are not (i) listed on any U.S. or other sanctions list, including the OFAC Specially Designated Nationals list, (ii) located, organized, or resident in a comprehensively sanctioned jurisdiction, or (iii) otherwise prohibited from receiving services under U.S. law. You will not use the Service to facilitate money laundering, terrorist financing, sanctions evasion, or any other illegal financial activity. You agree to cooperate with any AML, sanctions, fraud, or risk inquiry by CamberPass, Stripe, or regulators.
Fraud / malicious conduct; platform actions
We may investigate suspected fraud, malicious conduct, or violations related to events or Event Payments. If we reasonably believe an Organizer has engaged in fraudulent, malicious, or harmful conduct (or poses risk to users, CamberPass, or payment networks), we may, at any time and in our discretion:
- Remove or disable event listings;
- Suspend or terminate accounts;
- Suspend, delay, or cancel payouts;
- Require additional verification or documentation;
- Issue refunds to Attendees and recover funds from the Organizer (including by offset/reserve/negative balance); and/or
- Take any other action we consider necessary to protect users, CamberPass, or third parties.
We are not responsible for losses resulting from actions taken under this section.
Copyright complaints (DMCA notice-and-takedown)
CamberPass complies with the Digital Millennium Copyright Act (DMCA). If you believe content on the Service infringes your copyright, send a notice to our designated copyright agent including: (i) identification of the copyrighted work claimed to be infringed; (ii) identification of the material and its location on the Service; (iii) your contact information; (iv) a statement of good-faith belief the use is unauthorized; (v) a statement under penalty of perjury that the notice is accurate and you are the owner or authorized to act; and (vi) a physical or electronic signature.
Designated DMCA Agent: DMCA Agent, CamberPass LLC, 5900 Balcones Drive #STE 100, Austin, TX 78731; dmca@camberpass.com.
We may remove content and terminate repeat infringers.
9) Paid API Access; Rate Limits
We may offer paid API access. API access may be subject to separate documentation, plans, pricing, and policies presented in the Service.
By using the API, you agree that:
- Your API credentials are confidential and you will not share or resell them;
- You will comply with our documentation and rate limits;
- You will not use the API to scrape, mirror, republish, or build a competing product from Service content;
- You will provide attribution (“Data via CamberPass”) where displayed in your product, unless we agree otherwise in writing;
- You will implement industry-standard security for API credentials and retrieved data, and will notify us at security@camberpass.com within 72 hours of any actual or reasonably suspected security incident involving Service data;
- You will not use the API to collect, derive, or store personal information about end users beyond what is strictly necessary for your authorized use case, and will comply with all applicable privacy laws;
- Upon termination of API access, you will, within 30 days, cease all use of and delete all Service data in your possession (except cached copies required by law) and certify deletion on request;
- We may throttle, suspend, or terminate API access for abuse, nonpayment, or violations;
- We may change, suspend, or discontinue the API (in whole or part) at any time.
10) Billing, Subscriptions, Taxes, Refunds, and Chargebacks
Some features require payment (including event tools and API access). Prices and billing terms will be presented at purchase. Payments are processed via Stripe. By purchasing, you agree to provide accurate billing information and comply with applicable Stripe terms.
Taxes; 1099-K; marketplace facilitator
You are responsible for determining, collecting, reporting, and remitting all taxes associated with your use of the Service and your events, including sales, use, amusement, admissions, occupancy, VAT, GST, and income taxes. CamberPass does not provide tax advice. Where required by a marketplace facilitator law or similar regime, CamberPass (or Stripe) may calculate, collect, and remit certain transaction taxes; in those cases, the tax is in addition to the ticket price and is not part of Organizer payouts. Organizers must provide a valid Form W-9 (U.S.) or W-8 (non-U.S.) on request. Stripe will issue Form 1099-K to Organizers who meet applicable thresholds; you are responsible for your own income tax reporting.
Automatic renewal disclosure
Paid subscriptions automatically renew at the end of each billing period (monthly or annual, as selected at purchase) at the then-current price until you cancel. You authorize CamberPass and Stripe to charge your payment method on file for each renewal. The renewal price, frequency, and cancellation method are disclosed at checkout and in your account billing settings.
How to cancel (easy cancellation)
You may cancel at any time, online and without speaking to a representative, by visiting your account billing settings and clicking “Cancel Subscription,” or by emailing billing@camberpass.com. Cancellation takes effect at the end of the current billing period; you retain access until then.
Annual renewal reminder; price changes
For annual subscriptions, we will send a renewal reminder by email 15–45 days before each renewal. We will provide at least 30 days’ email notice before any material change to subscription terms or price increases, and you may cancel before the change takes effect.
California residents: You may cancel free trial or initial-discount subscriptions during the promotional period without obligation. Consistent with Cal. BPC § 17602, the means to cancel online is available in your account settings.
Refunds
Subscriptions and API access: Subscription and API fees paid directly to CamberPass are non-refundable except where required by law, and we do not refund partial billing periods or unused portions.
Event Payments: Refunds for Event Payments are governed by the Organizer’s stated refund and cancellation policy and Section 4. Notwithstanding any Organizer policy, CamberPass may, in its sole discretion, issue refunds to Attendees (including in cases of suspected fraud, event cancellation, chargeback risk, or violation of these Terms) and recover those amounts from the Organizer as described in Section 4.
Chargebacks and disputes
Organizers are responsible for all chargebacks, reversals, refund requests, ACH returns, card network fines, and assessments arising from their Event Payments. CamberPass (or Stripe) controls the dispute response process and may, in its discretion, accept, contest, or settle any dispute. Organizers must promptly (and in no event later than 3 business days after request) provide evidence and cooperation reasonably required to respond to disputes, including attendee communications, sign-in records, fulfillment evidence, and refund history. CamberPass may charge a chargeback handling fee (currently US$15 per dispute, subject to change with notice) in addition to any amount reversed. You authorize CamberPass to debit your connected Stripe account, withhold payouts, place funds in reserve, set off against future payouts, charge your payment method on file, or create a negative balance to recover disputed amounts, fees, fines, and related costs. Unrecovered negative balances after 30 days may be referred to collections.
11) Suspension and Termination; Survival
We may suspend or terminate your account or access to the Service at any time, with or without notice, for any reason, including to protect the Service, enforce these Terms, manage risk, prevent fraud, or for suspected misuse.
Effect on Organizers. On termination or suspension of an Organizer account: (i) we may cancel or unpublish future event listings and notify affected Attendees; (ii) we may hold funds in reserve for up to 180 days (or longer if required by Stripe or card networks) to cover potential chargebacks, refunds, and fines; (iii) Organizer remains responsible for fulfilling any events that have already occurred or for which refunds are due; and (iv) we may export and retain transactional records as required by law. You may request a copy of your account data within 60 days of termination, after which we may delete it (subject to legal retention).
Survival. The following Sections survive termination or expiration of these Terms or your account: 3 (User Content license and event disclaimers), 4 (Event Payments — payout, offset, and recovery rights), 7 (Intellectual Property), 8 (Organizer Obligations — outstanding chargebacks/refunds), 10 (Billing — unpaid amounts), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 16 (Governing Law), 17 (Dispute Resolution), 18 (Time Limit on Claims), and any provision that by its nature should survive.
12) Privacy
We collect email addresses and IP addresses and may collect other information described in our Privacy Policy. Please review our Privacy Policy.
13) Disclaimers
THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT ENDORSE OR GUARANTEE ANY EVENT, ORGANIZER, OR ATTENDEE, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, LOSSES, INJURIES, OR DISPUTES ARISING FROM EVENTS OR EVENT PAYMENTS, INCLUDING ORGANIZER MISCONDUCT, FAILURE TO DELIVER AN EVENT, OR MISUSE OF FUNDS.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CONTENT WILL BE ACCURATE OR RELIABLE.
14) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAMBERPASS OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, ANY EVENT, OR ANY EVENT PAYMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100 USD.
Nothing in these Terms limits or excludes liability for: (i) death or personal injury caused by our gross negligence or willful misconduct; (ii) fraud or fraudulent misrepresentation; (iii) a party’s indemnification obligations under these Terms; (iv) your payment obligations to CamberPass; or (v) any other liability that cannot be limited or excluded under applicable law.
Some jurisdictions do not allow certain limitations; in those cases, the limitation applies to the fullest extent permitted.
15) Indemnification
You agree to defend, indemnify, and hold harmless CamberPass and its affiliates, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to:
- Your use of the Service;
- Your User Content;
- Your violation of these Terms or any law;
- Your violation of any rights of another person or entity;
- Any event you organize, attend, or list (including Event Payments, refunds, chargebacks, disputes, penalties, and allegations of fraud or malicious conduct).
Procedures. CamberPass will: (a) promptly notify you of any claim for which it seeks indemnification (failure to notify promptly will not relieve you of your obligations except to the extent you are materially prejudiced); (b) allow you to control the defense and settlement, provided that any settlement requiring an admission of liability or affirmative obligation by CamberPass requires CamberPass’s prior written consent (not unreasonably withheld); and (c) cooperate at your reasonable expense. CamberPass may participate in the defense with counsel of its own choosing at its own expense.
16) Governing Law
These Terms, and any dispute arising out of or relating to these Terms or the Service, are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), governs the interpretation and enforcement of Section 17.
Nothing in this Section limits any non-waivable rights you have under the consumer protection laws of the jurisdiction where you reside.
17) Dispute Resolution; Binding Individual Arbitration; Class Action Waiver
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It requires binding individual arbitration and waives class actions, except as described below. You may opt out within 30 days.
(a) Informal Resolution
Before initiating arbitration, you and CamberPass agree to attempt in good faith to resolve any dispute by sending a written Notice of Dispute to the other party. Your Notice must be sent to legal@camberpass.com and include your name, account email, a description of the claim, and the relief sought. Our notice to you will be sent to the email address on your account. The parties will attempt to resolve the dispute informally for 60 days before either may commence arbitration. The applicable statute of limitations and arbitration filing-fee deadlines are tolled during this period.
(b) Agreement to Arbitrate
Except as expressly provided in subsection (d) below, you and CamberPass agree that any and all disputes, claims, or controversies between you and CamberPass arising out of or relating to these Terms, the Service, any Event, any Event Payment, your account, or your relationship with CamberPass (each, a “Dispute”) — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after termination of these Terms — will be resolved exclusively by final and binding individual arbitration, and not in court.
(c) Arbitration Administrator and Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If AAA is unavailable or declines to administer, the parties will mutually select another established arbitration provider; if they cannot agree, a court of competent jurisdiction will appoint one under 9 U.S.C. § 5.
(d) Carve-Outs
Notwithstanding the foregoing, either party may: (i) bring an individual action in a small claims court with proper jurisdiction so long as the action remains in that court, is brought only on an individual basis, and seeks only individual relief; and (ii) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or the “No copying, scraping, or mirroring” provisions of Section 7. Disputes about the validity, enforceability, or scope of those carve-outs may be decided by a court.
(e) Delegation Clause
The arbitrator, and not any federal, state, or local court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of this Section 17, including any claim that all or any part of this Section 17 is void or voidable. This delegation is severable from the remainder of Section 17. Notwithstanding the foregoing, a court (not the arbitrator) will decide enforceability of the Class Action Waiver in subsection (g) and the mass-arbitration procedures in subsection (h).
(f) Seat, Venue, and Hearings
The arbitration seat is Denton County, Texas. For consumer claims by individuals whose claim seeks $25,000 or less, the arbitration will be conducted by telephone or video, by written submissions, or — at the consumer’s election — in person in the U.S. county where the consumer resides. For larger claims, the in-person hearing (if any) will be held in Denton County, Texas, unless the parties agree otherwise. The arbitrator may award any individual relief a court could award, subject to these Terms.
(g) Class Action Waiver
You and CamberPass agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general proceeding.
The arbitrator may not consolidate more than one person’s claims, may not preside over any form of representative or class proceeding, and may award relief only to the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of this Class Action Waiver as to any particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed from arbitration and brought in the courts identified in subsection (k); all other claims will proceed in arbitration.
(h) Mass Arbitration Procedures
If 25 or more similar arbitration demands are filed by or with the coordination of the same law firm or coordinated group of attorneys within a 60-day period, the demands will be treated as a “Mass Filing.” The parties agree that: (i) AAA’s Mass Arbitration Supplementary Rules (or any successor) will apply; (ii) the parties will select 10 bellwether arbitrations (5 by each side) to proceed first; (iii) remaining demands are stayed pending the bellwethers; (iv) after the bellwethers conclude, the parties will participate in a global mediation for 60 days; and (v) if mediation fails, the remaining demands proceed sequentially in batches of 50, with the applicable statute of limitations tolled for all stayed demands. Any dispute over application of this subsection is for a court (not the arbitrator) to decide.
(i) Fees
Filing, administrative, and arbitrator fees will be governed by the AAA Rules. For consumer claims, CamberPass will pay all AAA filing, administrative, and arbitrator fees that exceed the amount you would have paid to file the claim in a Texas state court of general jurisdiction, unless the arbitrator determines the claim is frivolous or brought for an improper purpose (in which case fee allocation is governed by the AAA Rules and Federal Rule of Civil Procedure 11 standards). Each party bears its own attorneys’ fees and costs except as authorized by applicable law or these Terms.
(j) 30-Day Right to Opt Out
You have the right to opt out of this Section 17 by sending written notice to legal@camberpass.com within 30 days after you first accept these Terms (or, for existing users, within 30 days after the effective date of these Terms). Your notice must include your full name, account email, and the statement: “I opt out of the arbitration agreement in the CamberPass Terms.” Opting out will not affect any other provision of these Terms. If you opt out, disputes will be resolved in the courts identified in subsection (k), and the Class Action Waiver and Jury Trial Waiver still apply to the maximum extent permitted by law.
(k) Court Proceedings; Exclusive Venue
For any Dispute not subject to arbitration (including the carve-outs in subsection (d), claims by users who timely opt out, and claims severed under subsection (g)), the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Denton County, Texas, and waive any objection to such venue or any claim of forum non conveniens.
(l) Jury Trial Waiver
To the maximum extent permitted by applicable law, each party knowingly, voluntarily, and intentionally waives any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms or the Service.
(m) Confidentiality
The existence and content of the arbitration, including documents exchanged, will be kept confidential, except to the extent disclosure is required by law, to enforce an award, or to seek interim relief.
(n) Severability of this Section
If any part of this Section 17 (other than the Class Action Waiver, which is governed by subsection (g)) is found unenforceable, that part will be severed and the remainder enforced. If the Class Action Waiver itself is found unenforceable in a proceeding seeking class-wide or representative relief, then the entire Section 17 (except this sentence and the Jury Trial Waiver in subsection (l)) is null and void as to that proceeding only, and the matter will proceed in the courts identified in subsection (k).
(o) Survival
This Section 17 survives termination of these Terms or your account.
18) Time Limit on Claims
To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim or cause of action arose; otherwise, it is permanently barred. This limitation does not apply to claims that applicable law prohibits from being contractually shortened.
19) Force Majeure
Neither party will be liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, earthquake, severe weather, epidemic or pandemic, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, power outages, cyberattacks, or failures of third-party services (including Stripe, hosting providers, or upstream networks). The affected party will use reasonable efforts to resume performance as soon as practicable.
20) Electronic Communications and Signatures (E-SIGN)
You consent to receive all communications, agreements, notices, disclosures, receipts, tax forms (including IRS Form 1099-K where applicable), and other records from CamberPass in electronic form, including by email to the address on your account or by posting in the Service. You agree that your electronic acceptance (including clicking “I agree,” account creation, or continued use) constitutes your electronic signature under the U.S. E-SIGN Act (15 U.S.C. § 7001 et seq.) and the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code Ch. 322), and has the same legal effect as a handwritten signature.
Hardware/Software Requirements: a current web browser, an active email account, and the ability to view and save PDF and HTML documents.
Withdrawing Consent: you may withdraw consent at any time by emailing legal@camberpass.com, but doing so will terminate your ability to use the Service.
Updating Contact Info: keep your email current in your account.
21) SMS Messages
You consent to receive transactional communications (account, billing, security, event updates) by email. If you provide a mobile number and opt in, you consent to receive SMS/text messages from CamberPass, including via automated systems, at that number; consent is not a condition of purchase. Message and data rates may apply. Reply STOP to unsubscribe or HELP for help. Frequency varies.
22) Accessibility
CamberPass strives to make the Service accessible and works toward conformance with WCAG 2.1 AA. If you encounter an accessibility barrier, contact contact@camberpass.com and we will work in good faith to address it. Organizers are responsible for the accessibility of their events, venues, and Organizer-provided materials.
23) Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms with a new “Last Updated” date. For material changes, we will provide at least 30 days’ advance notice by email to the address associated with your account and/or by prominent in-Service notice before the changes take effect. Changes to Section 17 (Dispute Resolution) will not apply retroactively to claims that arose before the effective date of the change.
If you do not agree to a material change, your sole remedy is to stop using the Service and close your account before the changes take effect; your continued use of the Service after the effective date constitutes your acceptance of the updated Terms. Non-material changes (such as clarifications, typographical corrections, or updates required by law) take effect upon posting.
24) Notices
Notices to you may be given by email to the address on your account, by in-Service notification, or by posting on the Service, and are deemed given when sent or posted. You are responsible for keeping your email address current. Notices to CamberPass must be sent in writing to legal@camberpass.com and to CamberPass LLC, 5900 Balcones Drive #STE 100, Austin, TX 78731, and are deemed given upon confirmed delivery. Notices required under Section 17 (Arbitration) must follow that section’s procedures.
25) Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy and any policies, plans, or order forms referenced or presented within the Service, constitute the entire agreement between you and CamberPass regarding the Service, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral or written. You acknowledge you have not relied on any representation not expressly stated in these Terms.
- Severability: If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. The unenforceability of any provision in any jurisdiction will not affect its enforceability in any other jurisdiction.
- No Waiver: Our failure to enforce a provision is not a waiver.
- Assignment: You may not assign these Terms without our consent; we may assign them as part of a merger, acquisition, or asset sale.
- Third-Party Services: The Service may include links to third-party sites or services. We are not responsible for third-party content, policies, or practices.
- No Third-Party Beneficiaries: These Terms are for the benefit of you and CamberPass only and do not create any rights in any third party. Exception: Stripe, Inc. is an intended third-party beneficiary of provisions of these Terms relating to payment processing and may enforce them directly against you.
- Construction: Section headings are for convenience only and do not affect interpretation. “Including” and “such as” mean “including without limitation.” References to “days” mean calendar days unless stated otherwise. These Terms will be construed according to their fair meaning and not strictly for or against either party, regardless of which party drafted them.
26) Contact
CamberPass LLC
5900 Balcones Drive #STE 100
Austin, TX 78731
Legal notices: legal@camberpass.com