ClutchFunded Terms and Conditions of Use

1) Terms

This website is owned by WPAAM LLC, ("WPAAM") and ClutchFunded is an officially registered DBA in the state of Florida. By using this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

2) Eligibility

In order to use ClutchFunded.com, you must:

  1. Be 18 years of age or have the supervision of a parent or guardian;
  2. Complete registration with true and current information;
  3. Provide valid e-mail address
3) Account

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You also agree to provide additional information ClutchFunded may request and to answer truthfully and completely any questions ClutchFunded might ask you in order to verify your eligibility.

4) Campaign Guidelines

Campaigns on ClutchFunded.com must fit a certain criteria: Campaigns must target fundraising for an organized motorsports series. Campaign Owners must race (or intend to) race in said organized motorsports series. Campaigns must be thorough and complete with all details pertaining to your goal and use of funds. Campaign goal should be reasonable and attainable based on your current online social media following and offline relationships. Campaign should clearly and precisely explain what the funding is to be used for. Campaign must also explain specifically what the funds will be used for if your goal is not met. We do not accept any charities or non-profits on our website.

5) Right to Approve or Disapprove Campaign

ClutchFunded reserves the right to decide whether submitted Campaign is suitable for approval and fits into the Campaign Guidelines. Once Campaign Owner completes and submitsCampaign information, it will be reviewed. If Campaign is approved, Campaign will be launched on ClutchFunded.com. If Campaign is not approved, Campaign Owner may have the opportunity to edit and re-submit. We reserve the right to remove Users at any time if they are not complying with guidelines and criteria.

6) Fees and Payments

It is free to sign up and use ClutchFunded. We do not charge fees to Contributors. Campaign Owners agree to our fees listed HERE. Any changes to fees will be posted and apply only to Campaigns launched after new fees are posted. All Contributions are processed through our merchant Stripe, Inc. and we are not responsible for the performance of Stripe, Inc. services.By accepting this user agreement, you agree to abide by Stripe’s Terms of Service and Prohibited Businesses policy.

7) Responsibilities

Campaign Owners are solely responsible for promptly delivering items or promises associated with Perks that are selected by Contributors. If Campaign Owneris unable to deliver Perks or promises, Campaign Owner must work directly with the Contributor(s) to find an agreeable resolution, which may include a refund of Contributions.

Contributors make Contributions at their own discretion and risk. ClutchFunded cannot guarantee that Contributions will be used as promised and that Campaign Owners will deliver Perks. There is no guarantee that a Campaign will reach its goal. If Contributor has issues with Perks, they may e-mail support@clutchfunded.com. ClutchFunded will do it’s best to provide contact information for Campaign Owner so that both parties can work together to resolve issues.

ClutchFunded is under no obligation to become involved in any disputes between Campaign Owners and Contributors.

8) Perk Criteria

Perks should offer incentive associated with Campaign Owner’s racing activities. Perks should be associated with driver and team assets and Campaign Owner must be able to deliver all promises included in Perks. ClutchFunded has the right to deny approval of Perks if they do not fit criteria.

9) Prohibited Perks

Anything illegal, Any form of financial incentive or profit sharing, Drug Paraphernalia/Controlled Substances, Weapons/Ammunition, Alcoholic Products, Lottery or Gambling, Air Transportation, Items promoting hate, discrimination, injury, death, damage or destruction to property.

10) Refunds

No Contributions, fees or charges are refundable. If Campaign Owner is unable to keep commitment offered in perk, Campaign Owner is required to work directly with Contributors to reach a mutually agreed upon resolution which may result in the issuance of a refund of Contribution(s) to Contributor by Campaign Owner.

11) Taxes

Users are responsible for paying any taxes associated with using service.If taxing authorities deem any funds raised on ClutchFunded as taxable income, we will request taxable identification number of Campaign Owner or beneficiary so that we can report taxable income and provide tax document if required. We suggest consulting with a tax advisor while planning your Campaign to understand and prepare for obligations.

12) User Content

While using ClutchFunded, Users may post media including photos and videos as well as graphics including logos and artwork. Campaign Owners grant ClutchFunded a non-exclusive, royalty-free worldwide license to use and display media within the website and marketing activities. Campaign Owners continue to hold all ownership and represent that its content will not infringe on any third party intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these terms or applicable law.

13) License to Users

ClutchFunded grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with these Terms.

14) Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by ClutchFunded.ClutchFunded has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ClutchFunded shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or inconnection with use of or reliance on any such content, goods or services available on or through any such web sites or services.We strongly advise Users to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

15) Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

16) No Warranty

The ClutchFunded Service and any, content, services, or applications made available in conjunction with or through the ClutchFunded service are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, ClutchFunded, its suppliers and partners disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non–infringement of proprietary rights. Use of the services is at users own risk.

17) Indemnity

Users agree to defend, indemnify and hold harmless ClutchFunded and its affiliated companies from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. ClutchFunded may assume the exclusive defense and control of any matter for which Users have agreed to indemnify ClutchFunded and each User agrees to assist and cooperate with ClutchFunded in the defense or settlement of any such matters.

18) Limitations of Liability

Users acknowledge that the company offers a crowdfunding service to users, and the actual providers of products, services, gifts, featured on the site are offered by the independent Campaign Owners, and third-party advertisers or affiliates, and not ClutchFunded. These Campaign Owners, affiliates, and advertisers are not agents, partners or employees of the Company. ClutchFunded shall not be liable, in any event, be it direct or indirect, for the acts, omissions, errors, representations, breaches, warranties, or negligence of any such party or for any personal injuries, death, property damage, or any other damages or expenses resulted to a campaign, third-party affiliate, or advertiser.

19) Digital Millennium Copyright Act Compliance

If you are a copyright owner or an agent thereof, and you believe that any content hosted on the ClutchFunded Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the ClutchFunded Service are covered by a single notification, a representative list of such works at the ClutchFunded Service; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ClutchFunded to locate the material; 4. Information reasonably sufficient to permit ClutchFunded to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.ClutchFunded’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: PO BOX 12062 ST. PETERSBURG, FL. 33733 or by email at support@clutchfunded.com.You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

20) Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will update this page and indicate date of last changes and try to notify you. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

21) Entire Agreement

These Terms, our Privacy Policy and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.

22) Notices

Any notice to you will be effective when we send it to the last Project or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Bloom VC Limited, 5th Floor, 125 Princes Street Edinburgh EH2 4AD or any addresses as we may later post on the Website.

Contact us

Please feel free to contact us with any questions, comments, or concerns regarding this Terms of Use Agreement. Contact Us.