Terms of Service

SFWDA -
Southern Four Wheel Drive Association

775 N. Union Grove Rd,
Friendsville, TN 37737

Last Updated: December 17, 2018


Trademark & Copyright

Trademark & SFWDA Registered Trademarks

A Federal Trademark has been issued by the United Stated Patent and Trademark Office on May 01, 2018.

® SFWDA, SFWDA.com, SFWDA.org, Southern Four Wheel Drive Association and the SFWDA logo, as well as the names and logos of SFWDA branded events to include but not limited to Trailfest, and Dixie Run, are the registered trademarks of Southern Four Wheel Drive Association.

  • The SFWDA Logo - "The Logo" is the registered trademark of Southern Four Wheel Drive Association. "The Logo" may not be reproduced by any means or in any form whatsoever without written permission. "The Logo" represents The Southern Four Wheel Drive Association as a Not for Profit. The Logo was designed by Walter J. Shafer Jr. in 2014.

  • The names of both Dixie Run and Trailfest are registered trademarks of the Southern Four Wheel Drive Association. Organizing, and or conducting events featuring trail riding, four wheel drive vehicles, OHV’s, or any similar function in conjunction with the use of either of these names Dixie Run or Trailfest is strictly prohibited. Also, any and all tangible commerce related to such events to include but not limited to shirts, hats, sweatshirts, stickers, patches, all misc. apparel, soft-goods, as well as hardware branded with either brands identity is strictly forbidden.

  • Authorized use of the SFWDA logo, and or Dixie Run, Trailfest entities may be obtained by Contacting Us in advance.

Copyright

SFWDA.org and its site content are all subject to the Creative Commons License.

In regards to content on our website you are free to:

  • Share — copy and redistribute the material in any medium or format

  • Adapt — remix, transform, and build upon the material

  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.

  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.


Membership, Events, & Merchandise Sales

These e-Commerce Checkout User Terms of Service in partnership with STRIPE.com LLC serve as a legal agreement between Southern Four Wheel Drive Association ( SFWDA), Stripe, Inc. (“Stripe,” “we” or “us”) and you, the user of the Stripe Checkout service (“you”). By using the SFWDA embedded Stripe Checkout service, you agree to be bound by these terms and conditions. Our SFWDA checkout and order processing merchant is herein described as Stripe. As a member or customer of SFWDA you agree to adhere to the following terms of service. 

Overview.

As a member of the Southern Four Wheel Drive Association we will always respect your privacy. We will never sell or share your contact information or personal data with third parties without your knowledge and full disclosure.  

Memberships.

Our memberships are all on an 12 month calendar year initiating from whatever date you initially enroll. The credit card you provide will be automatically processed the following year on the same date as you first enrolled. You can modify and edit these settings from within your Membership Profile portal. Registration for events does require membership within our Association and bears a minimum cost of $10 annually which will auto-renew by default. Additional Membership options and upgrades are available and will adhere to the same auto-renewal procedure. 

Membership Refunds.

Refunds for Membership which auto-renew annually can be refunded within 30 days of activation or renewal. Your Membership Termination request must be requested to SFWDA no later than 30 days after you initially register or are billed for your forthcoming annual membership. Any other circumstances may be considered but under no terms guaranteed. Contact Us to submit a Refund Request.

Event Refunds.

Refunds for events must be requested to SFWDA no later than 30 days prior to the event date beginning. Any other circumstances may be considered but under no terms guaranteed. Contact Us to submit a Refund Request.  All refunds are subject to approval.


THIRD PARTY MERCHANT DISCLAIMERS.

STRIPE CHECKOUT on SFWDA.org, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH STRIPE CHECKOUT, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STRIPE, ITS AFFILIATES, AND THEIR AGENTS, MERCHANTS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY STRIPE CHECKOUT, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH STRIPE CHECKOUT. EACH DISCLAIMING ENTITY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE DISCLAIMING ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS. THE DISCLAIMING ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT, OFFER, OR REWARD PROGRAM ITEM INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS ACCURATE.

Limitations of Liability; Force Majeure

IN NO EVENT SHALL ANY DISCLAIMING ENTITY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE DISCLAIMING ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO these Terms of Service EXCEED $10 US Dollars. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.


Stripe Checkout User Terms of Service

Using Stripe Checkout.

General.

The Stripe Checkout service (“Stripe Checkout”) is technology that makes it easier for merchants on the Internet (“Merchants”) to collect payment from individuals like you. Stripe Checkout also makes it easy for you to store a credit card or debit card (“Payment Credentials”) with Stripe for use across the websites of Merchants who’ve chosen to enable it.

Our Role.

Stripe Checkout is a way of storing your Payment Credentials, but it doesn’t change anything else about your relationship with the Merchant you’re paying or your bank or credit card company. You are ultimately responsible for the purchases you make using Stripe Checkout. Also, the Merchant (SFWDA) is the one responsible for providing you the goods or services that you purchase using Stripe Checkout, not Stripe. Stripe and SFWDA will use our reasonable efforts to keep your Payment Credentials secure.

Representations and Warranties.

By using Stripe Checkout you represent and warrant that you are at least 18 years of age and that you will not use Stripe Checkout for any fraudulent, unlawful or abusive purpose.

Governing Law

These Terms of Service will be governed by the laws of California, except for California’s choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Santa Clara County, California.

Notice

Notices and other communications to you may be made by mail, email, postings on the Stripe Website or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the Stripe Website. Notice to Stripe may be made to Stripe, Inc., 3180 18th Street, San Francisco CA 94105.

Modification of Terms of Service

We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time by posting notification here or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Stripe Checkout.

Assignment

You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

Miscellaneous

Stripe & SFWDA's failure to exercise or enforce any right or provision of the Terms of Service will not be considered a waiver of that right or provision. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. these Terms of Service, including Stripe’s policies governing Stripe Checkout referenced herein, constitutes the entire agreement between you and Stripe with respect to the use of Stripe Checkout. these Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than you and Stripe which each shall be a third party beneficiary of these Terms of Service, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service.