Terms of Service

Effective Date: 07/04/2025
Last Updated: 07/04/2025

Welcome to the 5 to 9 Club! These Terms of Service (“Terms”) govern your access to and use of the services provided by 5 to 9 Club LLC (“5 to 9 Club,” “we,” “us,” or “our”), including our website, paid membership program, online community (hosted on Circle), event ticket sales, and merchandise store. By using our services or purchasing any membership, event ticket, or merchandise, you agree to these Terms. If you do not agree, please do not use the services.

These Terms are written in clear, human-friendly language to reflect the inclusive and professional spirit of the 5 to 9 Club. We aim to build a welcoming, friendly, and apolitical community for our members, and these Terms help ensure a positive experience for everyone. Please read them carefully.

1. Service Eligibility and U.S.-Only Use

1.1. Eligibility: You must be at least 25 years old to create an account or purchase a membership or event ticket. By using our services, you represent that you are legally an adult and capable of entering into a binding contract.

1.2. U.S.-Only Service: Our services are intended for use by individuals located in the United States only. The platform is currently configured for use in the U.S., and is not intended for use outside of the United States. We do not offer or target our membership, events, or merchandise to international users. If you access our services from outside the U.S., you do so at your own risk and are solely responsible for complying with any local laws. We may restrict or terminate accounts that we discover are based outside the U.S.

1.3. No California-Specific Provisions: These Terms are designed for a U.S. audience and do not include state-specific provisions (e.g., no special California consumer notices). By using our services, you acknowledge that 5 to 9 Club is a Nevada-based business catering to U.S. residents and agree that state-specific consumer protection rules (such as those unique to California) do not apply unless required by law.

1.4. Account Registration: To access certain features (like the community or purchasing memberships), you will need to create an account. You agree to provide accurate, current information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Do not share your account – membership accounts and logins are for individual use only and may not be shared or transferred without our permission. If you suspect unauthorized use of your account, notify us immediately. We are not liable for any loss or damage resulting from unauthorized use of your account, and we reserve the right to suspend or terminate any account we believe has been compromised or misused.

1.5. Personal Use Only: 5 to 9 Club memberships, event tickets, and content are for your personal, non-commercial use. You may not resell, distribute, or make commercial use of your membership benefits, digital content, event tickets, or discounts without our express written consent. Any attempted resale or transfer in violation of these Terms (for example, scalping event tickets or sharing member-only content publicly) may result in voiding of tickets or termination of your membership without refund.

2. Paid Memberships and Billing

2.1. Membership Benefits: 5 to 9 Club offers monthly, annual, and lifetime paid memberships. Members gain access to exclusive digital content (e.g. articles, videos, resources), a private community on the Circle platform for discussions and networking, special member-only event ticket discounts, and other perks we may introduce. Membership benefits are personal to you and may not be shared or transferred, except as allowed in these Terms.

2.2. Recurring Billing: By purchasing a monthly or annual membership, you agree to recurring billing. Memberships renew automatically at the end of each billing period (each month or year) and your provided payment method will be charged the then-current rate, unless you cancel beforehand. We will clearly disclose the recurring nature of membership fees during sign-up, and by completing your purchase you authorize us to charge the recurring membership fee until you cancel.

2.3. Cancellation of Membership: You may cancel your membership at any time. Cancellation will stop future auto-renewal charges. If you cancel, you will continue to have access to membership benefits until the end of your current paid term (month or year) already paid for, after which your access will downgrade or terminate. We make cancellation simple – for example, you can cancel via your account settings online or by contacting our support, consistent with the FTC’s “Click to Cancel” requirements (ensuring you can cancel as easily as you subscribed). There are generally no refunds for unused time in your membership term once a charge has been processed, except as described in the “Glow Guarantee” below or as required by law.

2.4. “Glow Guarantee” – Membership Refund Policy: We want you to find value in the 5 to 9 Club. New members are eligible for our Glow Guarantee: if you attend your first member event and decide the club isn’t for you, you can cancel within 48 hours after attending that first event and request a full refund of your membership fee. This guarantee applies only once per new member and only if you actually attend a 5 to 9 Club event as a member and then cancel within 48 hours afterward. To request a “Glow Guarantee” refund, you must email our support within that 48-hour window with the event details. If eligible, we will process the refund of your membership payment. Outside of this initial Guarantee or a material breach by us, membership fees are otherwise non-refundable once paid. For example, if you cancel later in your term or are removed for violating these Terms, you will not receive a refund for the remaining period.

2.5 Changes to Membership or Fees.
We may modify membership benefits, introduce new features, discontinue existing features, or adjust prices (each, a “Change”) from time to time. We will give you at least 30 days’ advance notice of any Change that (i) increases your annual cost by more than 10 %, or (ii) removes or materially limits a core benefit listed on the membership comparison chart that applied to you at purchase.

Lifetime & Fixed-Term Plans. Benefits explicitly sold as “lifetime,” “unlimited,” or for a fixed prepaid term will not be materially reduced during that lifetime or prepaid term without your express written consent.

Your Options. If you do not agree to a Change, you may cancel before the effective date and, if prepaid, receive a pro-rata refund for the unused portion of your term. Continued use of the membership after the effective date constitutes your acceptance of the Change.

All fees are in U.S. dollars and, unless stated otherwise, exclude applicable taxes, which you are responsible for paying.

3. Community Platform (Circle) and User Content

3.1. Community Access: Active members gain access to our online community hosted on Circle (the “Community”), where you can participate in discussions, forums, and other interactive features with fellow members. Your use of the Community must comply with these Terms, including our Code of Conduct in Section 5 below.

3.2. User-Generated Content: In the Community, members can post content such as text, images, links, and replies (“User Content”). You retain any intellectual property rights to the content you create and post; however, by submitting or posting content, you grant 5 to 9 Club a worldwide, non-exclusive, royalty-free license to use, display, reproduce, modify, adapt, and distribute your content within the Community or in materials promoting the 5 to 9 Club services. This license allows us to foster community engagement (for example, featuring a great discussion thread in a newsletter or highlighting member success stories). We will not sell your individual posts or use your content outside our services without additional permission.

3.3. Content Guidelines: You are responsible for ensuring that your User Content is lawful, respectful, and does not violate anyone’s rights. Do not post any content that: (a) you don’t have the right to post (for example, proprietary material of others, personal information of others without consent, or content that infringes intellectual property rights); (b) is illegal, obscene, pornographic, or defamatory; (c) is hateful, harassing, or discriminatory (e.g. no racist, sexist, homophobic, transphobic, or otherwise bigoted language – we are an inclusive community); or (d) violates our Code of Conduct (Section 5). You agree that you will not upload viruses, malware, or any malicious code, or engage in any activity that would disrupt or harm the Community or other users.

3.4. Content Moderation: We reserve the right to monitor the Community and to edit, remove, or disable any User Content at our discretion for any reason, including if we believe it violates these Terms or our community standards, or for any other reason in the interest of maintaining a positive environment. However, we are not obligated to pre-screen or monitor all content. The views and material posted by users in the Community belong to the individuals who posted them. 5 to 9 Club does not endorse or guarantee the accuracy of any User Content posted by others. Use caution and common sense when applying any advice or information from the Community, and report content that you believe violates our rules.

3.5. No Storage Guarantee: The Community is for active discussions, not permanent archival of content. We may remove old posts or inactive threads from time to time. We disclaim responsibility for preserving User Content and do not guarantee that content you post will remain accessible. Always keep your own backup of any information you consider important.

3.6. Circle Platform Terms: Our Community runs on a third-party platform (Circle). By using the Community, you also agree to abide by Circle’s acceptable use policies and terms of service. While 5 to 9 Club sets the rules for our private community space, Circle’s platform rules (e.g., no spamming, no illegal content) also apply. We have the ability to manage our space on Circle, but certain platform-level restrictions or features are outside our control. You acknowledge that the Community may be subject to Circle’s functionality and availability, and that 5 to 9 Club is not liable for platform outages or security issues caused by the Circle service. (Please review Circle’s own terms and privacy policy for details on their operations.)

4. Events and Ticket Purchases

4.1. Event Tickets: 5 to 9 Club hosts in-person events (for example dance nights, networking meetups, workshops, social gatherings). Tickets for these events are sold through our website or authorized ticketing partners. When you purchase a ticket to a 5 to 9 Club event, you will typically receive an electronic ticket or QR code delivered digitally (e.g., via email or mobile app). You must present your digital ticket and a valid ID at the event check-in for entry. Tickets will be scanned on-site to verify validity and admission.

4.2 Refunds, Credits & Ticket Transfers

Refund window (24 hrs+). You may cancel for a full refund up to 24 hours before the event’s published door time.

After 24 hrs (no-refund period). Within the final 24 hours, all sales are non-refundable. If an unavoidable issue arises, email us before the event starts and—at our sole discretion—we’ll convert your ticket to a one-time voucher or credit of equal face value for a future 5 to 9 Club event.

Event cancellation. If the 5 to 9 Club cancels the event entirely, we will automatically issue either a refund or a credit, at your election, as required by law.

Ticket transfers (friend-to-friend, forward-only). Can’t make it? Forward your ticket email or PDF to one friend any time up to 1 hour before doors. The QR code will admit the first scan; duplicate scans are rejected. Each ticket may be forwarded once and must not be resold or listed on third-party marketplaces.

4.3. Resale and Unauthorized Tickets: Buy tickets only from us or our authorized partners. 5 to 9 Club is not responsible for tickets obtained from third-party resellers or any source other than our official website or designated agents. We only recognize valid tickets purchased through official channels. If you purchase a ticket from an unauthorized seller or scalper, we cannot guarantee entry or assist you with ticket issues. We also reserve the right to void any ticket that we reasonably believe was acquired in violation of these Terms (for instance, through fraud or unauthorized resale). To reiterate: tickets are personal revocable licenses to attend our event – not commodities for resale.

4.4. Event Entry and Conduct: Our events are meant to be fun, inclusive, and safe for all attendees. By attending a 5 to 9 Club event, you agree to abide by all event rules, any venue policies, and our Code of Conduct (Section 5). We reserve the right to deny entry to or eject any attendee who fails to comply with our policies or who engages in disruptive, unsafe, or inappropriate behavior (for example, excessive intoxication, harassment of others, or other misconduct). If you are refused entry or removed from an event for violating rules or engaging in misconduct, you will not be eligible for a refund, transfer, or credit for your ticket. We also reserve the right to ban or refuse ticket sales to individuals who have violated our Terms or Code in the past.

4.5. Assumption of Risk: Attending our in-person events is voluntary and at your own risk. You understand that participation in events may involve inherent risks, including but not limited to minor injuries (e.g., slips, falls) or exposure to illnesses, especially if events involve physical activities or are held in public venues. By attending, you assume all risks and responsibilities for any harm, injury, or loss that may occur to you or your property in connection with the event. 5 to 9 Club (including our organizers, employees, and venue partners) will not be liable for any personal injury, illness, property damage, theft, or other loss suffered by you at our events, unless it is caused by our sole gross negligence or intentional misconduct. We ask that you make your own judgment about your comfort and always exercise caution. If you see a situation that is unsafe, please alert staff. By attending, you also agree not to sue or hold 5 to 9 Club liable for any such injuries or losses, to the maximum extent permitted by law.

4.6. Event Changes: Event details (such as schedule, speakers, or venue) are subject to change. We will endeavor to communicate any significant changes or cancellations to ticket holders using the contact information you provided. If we have to cancel or substantially postpone an event, we will offer you the choice of a refund or a credit for a future event. Minor changes to events (e.g., a change in start time by an hour, or a venue change within the same city) will not typically entitle ticket holders to a refund, as long as the event still occurs. Always double-check event communications as the date approaches.

4.7. Photography & Recording: We may take photographs or videos at our events to capture the experience or use in future marketing. By attending, you consent to possibly being photographed or recorded as part of a crowd or in event activity, and you permit us to use your likeness in our event media or promotional materials without compensation. We will not purposefully feature you in a close-up way without your permission, but candid shots of the event and attendees may be used on our website or social media. If you have concerns about being photographed, please let our photographer or staff know, and we will do our best to accommodate. Conversely, we ask that you respect fellow attendees’ privacy – do not take photographs of individuals without their consent, especially in sensitive contexts.

5. Code of Conduct

We are committed to fostering a friendly, inclusive, and positive community where all members feel welcome. This Code of Conduct applies to all member interactions – including posts in the online Community, behavior at 5 to 9 Club events, and any communications with others under the umbrella of 5 to 9 Club. By joining, you agree to uphold these standards. In short: be kind, be respectful, and keep our community a supportive, politics-free zone.

5.1. Be Inclusive and Respectful: Treat all members with respect, courtesy, and kindness. We welcome individuals of all backgrounds. Absolutely no harassment, hate, or discrimination will be tolerated. This includes no demeaning, derogatory or discriminatory remarks about anyone’s race, ethnicity, national origin, gender, gender identity, sexual orientation, religion, age, or disability. Slurs, hate speech, or attacks of any kind are strictly prohibited. We expect professional and courteous language in discussions. Healthy debate and differing opinions are fine, but focus on ideas without attacking people. If someone says or does something to offend you, do not retaliate – instead, report it to us.

5.2. Keep it Friendly and Positive: Our community thrives on a spirit of support and encouragement. Approach discussions with a helpful and positive attitude. Celebrate others’ successes and offer constructive advice when someone asks for feedback. Refrain from excessive negativity, personal grudges, or “call-out” culture. This is not the place for aggressive confrontation or airing personal disputes. Assume good intent and give others the benefit of the doubt whenever possible.

5.3. No Politics or Divisive Topics: The 5 to 9 Club community is apolitical by design – we steer clear of partisan politics and other highly divisive topics not related to our mission. While members come from diverse viewpoints, this platform is not a forum for political debates, controversial current events, or agenda-pushing. Please avoid posting content that is overtly political, partisan, or likely to create division among members. Our goal is to provide a haven from the stress of political discourse and keep conversations focused on personal and professional growth, creativity, and camaraderie. (This doesn’t mean you can’t mention something newsworthy in context, but it does mean we will moderate or shut down any heated political threads or campaigns.) Similarly, we ask that you avoid proselytizing or pushing any religious or ideological doctrine on others. Keep the space neutral and welcoming to all.

5.4. No Harassment or Bullying: Harassment of any kind is prohibited. This includes sexual harassment (unwelcome advances, inappropriate comments), bullying, intimidation, stalking, or any behavior intended to shame or humiliate another member. Content that encourages self-harm or urges someone to harm others is also forbidden. If you’re asked to stop any harassing behavior, you must comply immediately. Making another member feel unsafe will result in swift action from our team.

5.5. No Spam, Self-Promotion (within reason): We value authentic engagement. Do not use the community or events primarily to advertise your own products, services, or social media. It’s fine to share what you’re working on and be proud of your accomplishments (in fact, we encourage members to support each other’s endeavors), but do not spam the forums with repetitive promotions or irrelevant links. Unsolicited mass messaging, pyramid schemes, or “DM all members with your business” approaches are not allowed. If you’re not sure if something is appropriate to share, ask an admin or consider whether it provides value to others. Generally, contributing meaningfully and building relationships is the best way to organically share what you do.

5.6. No Illegal or Inappropriate Content: You must not use our services to engage in any unlawful behavior. This includes but isn’t limited to: do not post content that involves or promotes illegal activity; do not use the platform to coordinate criminal acts; and do not share material that is sexually explicit or excessively violent. Additionally, do not impersonate any person or organization, or misrepresent your affiliation. Any fraudulent or dishonest activity will result in termination.

5.7. Substance-Free Environment

The 5 to 9 Club maintains a strictly alcohol-, drug-, and smoke-free atmosphere at every event and gathering. Possession, use, or distribution of alcoholic beverages, illegal drugs, cannabis products, vaping/e-cigarette devices, or related paraphernalia is prohibited in all venues or spaces under our control. (Prescription medications for personal medical use are, of course, permitted.) Violation of this policy may result in immediate removal from the event and suspension or termination of membership.

5.8. Privacy and Confidentiality: Respect the privacy of fellow members. Do not share personal information (names, contact info, stories, etc.) about another member outside the community without their permission. Likewise, if someone shares a personal experience or business idea in confidence at an event or in a closed forum, do not publicize it elsewhere. While this is not a legally confidential space, we operate on trust – keep sensitive information within the group unless you have consent to share it. Also, no covert recording of conversations or screenshots of community posts for malicious purposes. (Note: We cannot guarantee confidentiality of everything shared, but we urge members to act with integrity and discretion.)

5.9. Enforcement: We take our Code of Conduct seriously. If you violate these standards, we may take action including removing or editing your content, issuing a warning, suspending your community privileges, or, in cases of serious or repeated violations, terminating your membership and banning you from events and services. Such termination may occur without refund of membership fees or event tickets if the violation is egregious. The 5 to 9 Club team has sole discretion to determine what behavior is unacceptable and what actions to take. We may also notify law enforcement if any user content or behavior involves threats of violence, child exploitation, or other illegal activities.

5.10. Reporting: If you experience or witness any conduct that violates these rules or makes you uncomfortable, please report it to us at support@5to9club.com. We will handle reports as confidentially as possible and take appropriate action. All members are expected to cooperate with any investigation of a reported violation. False or malicious reporting (e.g. to harass someone you disagree with) is itself a breach of this Code.

By maintaining these standards together, we ensure that the 5 to 9 Club remains a safe, uplifting space for all members after 5 o’clock. Thank you for being a part of our community and upholding these values!

6. Intellectual Property and Content Use

6.1. Our Content: Unless otherwise indicated, all content and materials available on our website, in our digital products, or provided through our services – including text, graphics, logos, videos, audio clips, designs, software, and other materials – are owned by 5 to 9 Club or our licensors and are protected by copyright, trademark, and other intellectual property laws. All rights are reserved. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use our content for your own personal, non-commercial use as a member or user. This means you may view, download, and print materials from our site or member content solely for your personal edification and use. You agree not to: copy, reproduce, distribute, publicly display, or create derivative works from our content without our prior written permission. You also may not remove or alter any copyright, trademark, or other proprietary notices on any content you download or print from our site.

For example, as a member you might receive a PDF guide or watch a video as part of your benefits. You are welcome to use these resources yourself, but you cannot share that PDF with non-members, upload our videos to YouTube, or otherwise redistribute our proprietary content. If you’d like to share something from our public-facing blog or marketing materials, feel free – but member-exclusive content stays within the club. Unauthorized use of our intellectual property may result in termination of your membership and possible legal action.

6.2. Trademarks: The 5 to 9 Club name and logo, and any other product or service names or slogans we use, are trademarks of 5 to 9 Club LLC. You may not use any of these trademarks without our express written permission. All other names and logos not owned by us but appearing in our services (for example, the name of the Circle platform, or logos of event sponsors) are the property of their respective owners.

6.3. Feedback: We appreciate and welcome feedback, ideas, or suggestions from our members to improve 5 to 9 Club. However, if you submit any ideas or suggestions to us, you agree that we have the unrestricted right to use and implement them (or not) at our discretion, without compensating you. For example, if you suggest a new feature or event idea and we adopt it, you won’t claim ownership or royalties. Please only provide feedback if you agree to this term.

6.4. Third-Party Content and Links: Our website and community may include links to third-party websites or content (for example, a member might share a YouTube link or we might post a partner’s article). We do not control or endorse third-party sites and are not responsible for their content, accuracy, or functionality. If you click a third-party link, you do so at your own risk. Be aware that third-party sites have their own terms and privacy policies. Similarly, any third-party content posted in our Community (like an article excerpt posted by a member) remains the property of its owners – posting it doesn’t transfer ownership to us or imply our endorsement.

7. Merchandise Purchases and Returns

7.1. Merchandise Sales: 5 to 9 Club may offer merchandise (such as apparel, accessories, or other branded goods) through our online store. Merchandise is produced and fulfilled on-demand via third-party print-on-demand (“POD”) vendors. When you place a merchandise order, a third-party provider handles printing, shipping, and delivery. We reserve the right to reject or cancel any merchandise order for any reason (e.g., stock limitations, errors in pricing, concerns about fraud). If an order is cancelled, we will issue a refund for any amount charged.

7.2. Shipping and Delivery: Merchandise will be shipped to the address you provide, subject to any shipping restrictions noted on the product page. We are not responsible for delivery issues caused by incorrect addresses provided by you. Delivery times provided at checkout are estimates; actual delivery may vary. Risk of loss for merchandise passes to you upon delivery to your address (or upon shipment if you provide the wrong address). If you experience a delivery problem (e.g., package lost in transit), please contact us and we will do our best to help resolve it with the carrier or POD vendor, but we cannot guarantee replacement in every case. Any applicable shipping fees or import duties (for U.S. territories, etc.) will be as stated at checkout and are your responsibility if not included.

7.3. Returns and Exchanges Policy: We want you to be happy with your 5 to 9 Club merch! We offer a 30-Day Return/Exchange Window on merchandise: you may return or exchange merchandise within 30 days of delivery for any reason, provided the item is in new, unworn/unwashed condition. To initiate a return or exchange, you must contact us within 30 days of the delivery date. We will provide instructions (which may involve returning the item to our POD partner’s facility). After 30 days from delivery, we do not accept returns or exchanges, except for defects as noted below.

7.4. Defective or Wrong Items: If you received an item that is misprinted, damaged, or incorrect (not what you ordered), please notify us as soon as possible (with a photo of the issue if feasible). For any product defects or mistakes on our part, we will provide a free replacement or full refund at no cost to you, including covering any return shipping if we choose to have the item sent back. This includes printing errors, material flaws, or if we sent the wrong size/item compared to your order. You will not be charged for shipping a corrected item.

7.5. Return Shipping Costs: For standard returns or exchanges (when the item is not defective), we may provide you a return label and deduct the return shipping cost from your refund, or ask you to mail it back at your expense – details will be provided in the return instructions. We do not refund any original shipping fees you paid (unless the return is due to a defect or our error). If you exchange for another item of equal or greater value, we’ll let you know if any difference needs to be charged or refunded.

7.6. Refund Processing: Refunds for returned merchandise (minus any applicable shipping or restocking fees, if any) will be issued to the original payment method once the item is received and inspected, typically within 5–10 business days. If you ordered through a third-party POD service integrated with our site, the refund may come directly from that service on our behalf.

7.7. Exceptions: Certain items may be final sale or not eligible for return (for example, if we ever offer custom-made or personalized items, or digital goods). Any such exceptions will be clearly noted on the product page. Additionally, items that have been obviously used, worn, or altered by you are not returnable. We reserve the right to refuse a return or exchange if the item returned is not in resalable condition (absent a defect).

8. Disclaimer of Warranties

8.1. “As Is” and “As Available”: The 5 to 9 Club services, including our website, community platform, membership content, events, and merchandise, are provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranties or guarantees of any kind about these services, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

8.2. No Guarantee of Results or Outcomes: We do not warrant that participating in 5 to 9 Club (or using any of our content) will achieve any particular results for you (for example, we can’t guarantee you’ll land a new job or start a successful business because you joined our community – those outcomes are up to you!). Any success stories or testimonials we might share are illustrative only; your experience may vary.

8.3. Service Functionality: We do not guarantee that our services will be uninterrupted, error-free, or completely secure. While we strive to provide great service, we do not warrant that our website or community will be available at all times or that it will be free of errors, viruses, or other harmful components. You use our services at your own risk. For example, there may be occasional downtime for maintenance, or unforeseen technical issues. We will try to minimize disruptions, but we cannot promise 100% uptime or immediate fixes.

8.4. Content Accuracy: Any information or content provided by 5 to 9 Club (such as blog articles, event presentations, or community postings by our team) is for general informational purposes only. We do not warrant or guarantee that any content is accurate, complete, or up-to-date. For instance, if we provide career advice or business tips, you should still use your own judgment or consult a professional appropriate to your situation. User Content (content posted by members) is solely the responsibility of the user providing it – we neither guarantee its accuracy nor endorse the opinions expressed by members. You assume all risk if you choose to rely on any information obtained through the service.

8.5. Third-Party Services: If you use any third-party services or products in connection with 5 to 9 Club (for example, our community platform provider, a ticketing app, or a payment processor), your use of those is subject to the third party’s terms. We make no warranty as to those third-party services. For instance, if Circle (our community host) has an outage or Stripe (payment processor) has an issue processing your card, we’ll work to help, but we can’t control those platforms. We disclaim liability for the acts or omissions of third-party providers.

8.6. Legal Compliance: While we strive to abide by all applicable laws in our operations, we do not warrant that our services are appropriate or available in any particular jurisdiction (other than the U.S. as stated). You are responsible for knowing and obeying any laws that apply to you when using our services. We disclaim responsibility for your misuse of the services in violation of any law.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, our warranties will be limited to the maximum extent permitted by applicable law.

9. Limitation of Liability

9.1. No Indirect Damages: To the fullest extent permitted by law, 5 to 9 Club LLC and its affiliates, officers, employees, agents, partners, and licensors will not be liable to you for any indirect, incidental, special, consequential, or punitive damages whatsoever, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) any of our services. This exclusion applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. For example, we are not liable for losses like: the cost of finding a replacement service, damage to your personal devices from downloading materials, loss of business opportunities due to an event cancellation, etc.

9.2. Cap on Direct Damages: Our maximum aggregate liability for all claims arising out of or relating to these Terms or the services shall not exceed the total amount you paid 5 to 9 Club in membership fees or event tickets in the 12 months preceding the claim. If you have not paid anything (for example, if you only use free portions of our site), our total liability to you shall not exceed $100. This limitation is cumulative and not per-incident; multiple claims will not increase the cap.

9.3. Club Events and Community Interactions: Specifically, when it comes to in-person events and member interactions, you acknowledge that 5 to 9 Club is not responsible for the actions of third parties or other members. We do not supervise members at events in the manner of a guardian, and we cannot guarantee every individual will abide by our Code of Conduct. Therefore, we are not liable for any personal injury or property damage that occurs at the hands of another attendee or due to conditions outside of our control at event venues, except as provided under Section 4.5 (gross negligence exception) above. Similarly, any offline meetings or collaborations between members are at your own risk – we are not liable for what members do outside official club activities.

9.4. Release of Claims: To the extent permitted by law, you release 5 to 9 Club and the other 5 to 9 Club Parties (affiliates, officers, employees, etc.) from any and all claims or damages arising from any cause whatsoever, to the extent that those claims or damages are covered by the above waiver of warranties or limitation of liability. If you are a California resident (despite our U.S.-only focus, in case someone from CA does use the service), you waive California Civil Code §1542 (which says you can’t waive unknown claims) and any similar state laws, meaning you waive all rights to claims you do not know or suspect to exist in your favor at the time of using the services.

9.5. Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law. This means that our liability is not limited for our own willful misconduct, gross negligence, or for death or personal injury caused by our negligence to the extent that such liability cannot be limited by law. Also, any specific consumer rights you have under law are not affected. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you to the extent prohibited. In such cases, our liability will be limited to the smallest amount permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless 5 to 9 Club LLC, its parent, subsidiaries, and affiliates, and each of their respective officers, directors, members, managers, employees, agents, partners, and licensors (“Club Parties”) from and against any and all claims, demands, lawsuits, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the services (including any actions at our events or use of the community platform); (b) your breach or alleged breach of these Terms or any other policies or rules incorporated herein; or (c) your violation of any law or the rights of any third party (for example, if you post content that infringes someone’s copyright or you injure someone at an event due to reckless behavior).

This indemnification means you will reimburse the Club Parties for any losses or expenses they incur due to your actions or content. We will try to notify you promptly of any such claim and may allow you (at our discretion) to assist in defending the claim, provided that any settlement must be approved by us (particularly if it imposes any obligation on 5 to 9 Club). Your indemnification obligations will survive the termination of your relationship with 5 to 9 Club and the termination of these Terms.

11. Termination of Services

11.1. By You: You are free to stop using our services at any time. You may delete your online account or cancel your membership as described in Section 2.3. If you simply stop using the community or lapse your membership, note that some content or data may not be retained if you later return (see data retention in Section 3.5). If you wish to have your personal data deleted, please refer to our Privacy Policy for how to make that request.

11.2. By Us: We reserve the right to suspend or terminate your account, membership, or access to any part of our services at any time, with or without cause, with or without notice, effective immediately. In most cases, we will only terminate for cause – such as for violation of these Terms (including the Code of Conduct) or if required by law or unforeseen business necessity – but we explicitly reserve the right to terminate as needed even without fault on your part (for example, if we discontinue the services). If we terminate your membership without cause (not due to your misconduct), we will generally provide a pro-rata refund for any remaining full months on your membership. However, if termination is for cause (due to your breach of these Terms or harmful behavior), you will not be entitled to any refund of fees paid. Additionally, we may refuse to allow you to register for future services or events.

11.3. Effect of Termination: Upon any termination of your account or membership, whether by you or us, your right to use the services will immediately cease. You must cease all use of proprietary content and destroy any copies of such content in your possession (except for content you lawfully obtained outside the membership). Your profile may be disabled and your posts or uploaded content may be deleted or archived at our discretion (though content others have posted or shared may remain). We shall not be liable to you or any third party for termination of your access to the services in accordance with these Terms. Any provisions of these Terms that by their nature should survive termination (such as intellectual property rights, indemnification, disclaimers, limitation of liability, and governing law) will survive.

11.4. Inactive Accounts: If you have an account (for example, for event ticket purchases or community access) that remains inactive for a prolonged period, we reserve the right to deactivate or delete the account in our discretion. Usually, “prolonged” means at least 12 months of non-use. We will try to notify the account email before deletion. This is to avoid maintaining personal data unnecessarily. Similarly, we may delete content posts that are very old or belong to accounts we’ve removed.

12. Governing Law and Dispute Resolution

12.1. Governing Law: These Terms and any dispute arising out of or related to them or our services will be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. We are a Nevada LLC, and we have chosen Nevada law to consistently apply to our relationship.

Forum Selection: Any suit, action, or proceeding arising out of or relating to these Terms (“Claim”) must be brought exclusively in a state or federal court (a) in the State of Nevada or (b) in any other U.S. jurisdiction in which 5 to 9 Club LLC is duly organized, has its principal place of business, or is then qualified/registered to do business.

Consent to Jurisdiction; Waiver. You irrevocably (i) submit to the personal jurisdiction of each such court, and (ii) waive any objection to venue or inconvenient-forum defenses as to those courts.

Plain-English reminder: if you want to sue us, you have to do it in a court located in a state where 5 to 9 is formally on the books.

12.3. Injunctive Relief: Notwithstanding the above, if you violate or threaten to violate our intellectual property or proprietary rights, we may seek injunctive relief in any appropriate jurisdiction (you agree that unauthorized use of our IP may cause irreparable harm for which monetary damages would be inadequate).

12.4. Class Action Waiver: To the extent permitted by law, you and 5 to 9 Club agree that any disputes will be resolved on an individual basis only, and that neither of us may initiate a class action or class-wide arbitration against the other. You hereby waive your right to participate in a class, collective, consolidated, or representative proceeding against us. (For example, you will not serve as a class representative or member in any lawsuit against 5 to 9 Club involving other claimants.)

12.5. Attorneys’ Fees: In any action to enforce these Terms, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs from the other party (in addition to any other relief awarded).

12.6. Time Limit on Claims: To the extent allowed by law, any claim or cause of action arising out of your use of the services or these Terms must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred. (This does not apply to intellectual property claims or to fee collection by us.)

13. Miscellaneous Provisions

13.1. Entire Agreement: These Terms (along with any other policies or guidelines explicitly incorporated by reference, such as our Privacy Policy and any supplemental terms for specific offerings) constitute the entire agreement between you and 5 to 9 Club regarding the services. They supersede all prior or contemporaneous understandings, agreements, communications, or representations, whether written or oral, regarding the same subject matter. Any additional or different terms proposed by you (for example, in an email or purchase order) are rejected unless expressly agreed to in writing by an authorized representative of 5 to 9 Club.

13.2. Changes to Terms: We may update or modify these Terms from time to time as our business and legal requirements evolve. If we make material changes, we will notify members by posting the updated Terms on our website with a new effective date and/or by sending a notice via email or via the community. It is your responsibility to review the Terms periodically. By continuing to use the services after an update takes effect, you accept the new Terms. If you do not agree to a revision, you must stop using the services and, if applicable, may cancel your membership (note that no refund will be due unless required by law or stated otherwise in Section 2). No oral modifications to these Terms are effective.

13.3. No Waiver: Our failure to enforce any provision of these Terms on one occasion shall not constitute a waiver of our rights to enforce it on another occasion. Likewise, a waiver of any breach or default by you does not mean a waiver of any later breach. All waivers must be in a writing executed by us to be effective.

13.4. Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. We can mutually agree to modify the invalid provision to a valid one that closely matches the intent of the original, if necessary.

13.5. Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. Any attempt by you to do so without consent is void. We may assign or transfer these Terms (in whole or part), including all rights and obligations, without your consent and without notice to you – for example, in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law. These Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns.

13.6. Relationship: These Terms do not create any agency, partnership, joint venture, or employment relationship between you and 5 to 9 Club. You are an independent user of the services, and there are no third-party beneficiaries to these Terms.

13.7. Notices: We may provide you with notices, including those regarding changes to these Terms or other matters, by email to the address associated with your account, through notifications within the community, or by posting to our website. You may provide notices to us by email at support@5to9club.com or by postal mail to 5 to 9 Club LLC, 9655 Perkins Road Ste C-108 Baton Rouge LA 70810. Electronic notices satisfy any legal communication requirements.

13.8. Privacy Policy: Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information. By using the services, you consent to the collection and use of information as outlined in the Privacy Policy. If you don’t agree, you should not use the services.

13.9. Headings and Interpretation: Section headings in these Terms are for convenience only and have no legal or contractual effect. Words like “including” mean “including without limitation.” The word “or” is inclusive (meaning “and/or”) unless expressly stated otherwise. If these Terms are translated into another language, the English version will control in the event of any ambiguity or conflict.

13.10. Contact Information: If you have any questions about these Terms or need to contact us for any reason, please reach out to us at:
Email: support@5to9club.com
Mail: 5 to 9 Club LLC, 9655 Perkins Rd STE C-108 Baton Rouge LA 70810

We’re here to help and will do our best to respond promptly.