Terms of Uses

TERMS OF USES

Effective Date: October 10, 2025

1. ACCEPTANCE OF TERMS

These Terms of Use (“Terms”) are a binding agreement between you (“you” or “User”) and Club Moke, LLC (“Club Moke,” “we,” “us,” or “our”). These Terms govern your access to and use of clubmoke.com and any related content, functionality, or services offered on or through the site (collectively, the “Website”), whether as a guest or a registered user.

By accessing or using the Website, you affirm that you:

  • have read, understand, and agree to be bound by these Terms and our Privacy Policy (incorporated by reference) available at https://clubmoke.com/terms; and

  • are 21 years of age or older and legally able to form a binding contract.

Important: Vehicle rentals and in-person services are governed by separate Rental Agreement(s) and policies presented at checkout. Minimum rental age is 25. If there is any conflict, the Rental Agreement(s) control regarding rentals.

If you do not agree to these Terms or the Privacy Policy, do not access or use the Website.

2. CHANGES TO THESE TERMS

We may modify these Terms at any time in our sole discretion. Changes are effective upon posting to the Website and apply prospectively. Your continued use of the Website after changes are posted constitutes your acceptance. Review these Terms each time you access the Website.

3. ACCESS TO THE WEBSITE; ACCOUNT SECURITY

We may withdraw or amend the Website, or any part of it, in our sole discretion without notice. We are not liable if any part or all of the Website is unavailable at any time.

You are responsible for:

  • making all arrangements necessary to access the Website; and

  • ensuring all persons accessing via your connection are aware of and comply with these Terms.

If you create an account, you agree to provide accurate, current, and complete information, and to keep it updated. You must keep your login credentials confidential, not share them, and notify us immediately of any unauthorized access or suspected breach. We may disable or terminate accounts at any time for any reason, including violation of these Terms.

4. INTELLECTUAL PROPERTY; LIMITED LICENSE

The Website and all content, features, and functionality (including text, software, images, video, audio, design, and arrangement) are owned by Club Moke or its licensors and are protected by U.S. and international laws. We reserve all rights not expressly granted.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to access and use the Website for personal, non-commercial purposes. You may:

  • temporarily store materials in RAM incidental to viewing;

  • store files automatically cached by your browser; and

  • print or download one copy of reasonable Website pages for personal, non-commercial use.

You must not:

  • copy, reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or transmit any materials, except as expressly permitted;

  • use images, graphics, audio, or video separately from accompanying text;

  • remove or alter any copyright, trademark, or proprietary notices; or

  • access or use any part of the Website or materials for commercial purposes without our prior written consent.

If you breach these Terms, your right to use the Website immediately ceases and you must return or destroy any copies.

5. TRADEMARKS

“Club Moke,” our logos, and related names, product/service names, designs, and slogans are trademarks of Club Moke or its affiliates/licensors. Do not use them without our prior written consent. Other names and logos on the Website are trademarks of their respective owners.

6. PROHIBITED USES

You agree not to use the Website:

  • in violation of any applicable law or regulation;

  • to exploit or harm minors;

  • to send unauthorized advertising, spam, or solicitations;

  • to impersonate any person or entity;

  • to engage in conduct that restricts or inhibits others’ use or exposes us or others to liability;

  • in any manner that could disable, overburden, damage, interfere with, or impair the Website;

  • to use robots, spiders, scraping, data mining/extraction tools, or other automated means without our prior written consent;

  • to introduce malware, viruses, worms, logic bombs, or other harmful code;

  • to attempt unauthorized access to the Website, servers, or related systems; or

  • to attack the Website (including via denial-of-service or distributed denial-of-service).

We may monitor, restrict, suspend, or terminate use in our sole discretion.

7. USER CONTRIBUTIONS

The Website may include interactive features that allow users to post content (“User Contributions”). All User Contributions must comply with the Content Standards below and are deemed non-confidential and non-proprietary.

By posting User Contributions, you grant Club Moke and its designees a worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media now known or later developed, for any purpose consistent with your account settings and applicable law.

You represent and warrant that:

  • you own or control all rights in and to your User Contributions and have the right to grant the above license; and

  • your User Contributions comply with these Terms and all applicable laws.

You are solely responsible for your User Contributions. We do not endorse and are not responsible for third-party content.

Monitoring; Enforcement. We may, at any time and without notice:

  • remove or refuse to post any User Contributions;

  • disclose your identity to third parties claiming their rights are violated;

  • take legal action, including referral to law enforcement; and

  • terminate or suspend your access for any reason.

You waive any claims against Club Moke arising from actions taken in connection with investigations or enforcement.

8. CONTENT STANDARDS

User Contributions must not:

  • be defamatory, obscene, indecent, hateful, harassing, or otherwise objectionable;

  • promote sexually explicit material, violence, or illegal activity;

  • infringe any intellectual property or other rights;

  • violate privacy or publicity rights or applicable law;

  • be deceptive or misleading;

  • cause annoyance, needless anxiety, or likely harm;

  • impersonate any person or misrepresent affiliation;

  • involve contests, sweepstakes, or promotions without our written consent; or

  • suggest sponsorship or endorsement by Club Moke without permission.

9. COPTYRIGHT (DMCA) NOTICES

To report alleged copyright infringement, email info@clubmoke.com with: (a) your signature; (b) identification of the copyrighted work; (c) identification of the infringing material and location; (d) your contact info; (e) a statement of good-faith belief that use is not authorized; and (f) a statement that the information is accurate and you are the owner or authorized agent, under penalty of perjury. Repeat infringers’ accounts may be terminated.

10. RELIANCE ON INFORMATION

Website content is provided for general information only. We make no warranties regarding accuracy, completeness, or usefulness, and disclaim all liability for reliance by you or any third party.

Third-party content appearing on the Website reflects the opinions of the providers alone and not necessarily those of Club Moke. We are not responsible for third-party content.

11. UPDATES; CHANGES TO WEBSITE

We may update content from time to time but are under no obligation to do so. Any material may be out of date at any given time.

12. PRIVACY

Our collection and use of personal information are described in our Privacy Policy at https://clubmoke.com/terms. By using the Website, you consent to our handling of your information consistent with that policy.

13. LINKING; SOCIAL FEATURES

You may link to our homepage in a fair and legal manner that does not damage or take advantage of our reputation and does not suggest endorsement or affiliation without our written consent. You must not:

  • frame or inline-link the Website;

  • link to pages other than the homepage; or

  • otherwise act inconsistently with these Terms.

We may withdraw linking permission at any time. We may disable social features or links at any time without notice.

14. THIRDY-PARTY LINKS & SERVICES

The Website may contain links to third-party sites, apps, or services. We do not control and are not responsible for such third-party resources. Your use is at your own risk and subject to the third party’s terms and policies.

15. GEOGRAPHIC RESTRICTIONS

The Website is controlled from Florida, USA, and is intended for U.S. residents. Access may be illegal in certain jurisdictions. If you access from outside the U.S., you do so at your own initiative and are responsible for compliance with local laws.

16. ELECTRONIC COMMUNICATIONS; E-SIGN CONSENT

By using the Website, you consent to receive communications from us electronically (including email, SMS where applicable, and site notices). You agree that electronic signatures are the same as handwritten signatures for validity, enforceability, and admissibility.

17. DISCLAMER OF WARRANTIES

YOU USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE AND ALL CONTENT/SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CLUB MOKE DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

18. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, CLUB MOKE, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR CONTENT, EVEN IF FORESEEABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE SHALL NOT EXCEED $100.

Some jurisdictions do not allow certain limitations; some of the above may not apply to you.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Club Moke and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Website; (b) your User Contributions; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party rights.

20. TERMINATIONS; SUSPENSION

We may, in our sole discretion and without notice, suspend or terminate your access to the Website, remove content, or take any remedial action if we believe you have violated these Terms or applicable law, or to protect our interests, the Website, or other users. Upon termination, your right to use the Website ceases immediately. Sections that by their nature should survive (including IP, Disclaimers, Limitation of Liability, Indemnification, Arbitration, Governing Law, and General) shall survive.

21. GOVERNING LAW; VENUE (FLORIDA)

These Terms and any dispute arising out of or related to them are governed by the laws of the State of Florida, without regard to conflict-of-laws rules.

Exclusive Venue. Subject to the Arbitration section below, any suit or proceeding shall be brought exclusively in the state courts of Palm Beach County, Florida, or the U.S. District Court for the Southern District of Florida (West Palm Beach Division). You waive objections to jurisdiction and venue in such courts.

22. BINDING ARBITRATION; CLASS ACTION WAIVER

READ THIS CAREFULLY. It affects your rights.

Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Website that cannot be resolved informally shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. One arbitrator shall preside. The seat of arbitration is Palm Beach County, Florida. The language is English. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AND CLUB MOKE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person or preside over any form of representative or class proceeding.

Injunctive Relief. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in court to prevent irreparable harm while arbitration is pending.

Time to File. To the fullest extent permitted by law, any claim must be filed within one (1) year after the claim accrued or be permanently barred.

23. EXPORT; SANCTIONS; FORCE MAJEURE

You may not use or export the Website in violation of U.S. export laws or sanctions. We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, internet or hosting outages, power failures, or governmental actions.

24. ASSIGNMENT

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice.

25. WAIVER; SERVERABILITY; ENTIRE AGREEMENT

No waiver is effective unless in writing and signed by Club Moke. If any provision is held invalid or unenforceable, it shall be limited or severed to the minimum extent necessary, and the remaining provisions remain in full force.

These Terms, together with the Privacy Policy (https://clubmoke.com/terms) and any additional terms expressly incorporated, constitute the entire agreement between you and Club Moke regarding the Website and supersede all prior or contemporaneous understandings.

26. CONTACT

Club Moke, LLC
Address: 230 Sunrise Ave, Suite B-159, Palm Beach, FL 33480
Email: info@clubmoke.com
Phone: 561-973-0808

Electronic Signatures. Each party agrees that these Terms and any related documents may be executed and accepted by electronic signature and that such signatures are valid, enforceable, and admissible as the equivalent of handwritten signatures.

For a summary of how our rental process works, visit How It Works

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