Terms of Service

Effective Date: April 15, 2025 · Contact: [email protected]

Welcome to thefriendclub.com (this “Site”), a website operated by The Friend Club, Inc. (“Friend Club” or “we”). Before using our Site, please carefully read the following terms and conditions of use (these “Terms”) and our Privacy Policy. As a condition to your access to or use of the Site, you consent to be bound by each of the terms, guidelines, and rules incorporated into these Terms. These Terms shall apply to all websites, mobile applications, text-based concierge services, and social media pages owned and operated by The Friend Club, Inc.

Friend Club Service

At Friend Club, our goal is to build and foster community around key life events. To do that, we build systems that curate content. For members and creators, we provide discovery resources including inspiration and products we think you’ll love and ways to communicate with people. We may recommend things we think you’ll find interesting based on your onsite and offsite activities. Some of the content we show you may be promoted by advertisers. It is our hope that all the content we display to you will be interesting, relevant, and helpful to you when you’re sourcing inspiration, seeking to hire a vendor, or being connected to a potential client. We also use the information we have to study our Service and collaborate with others to improve our Service to enhance the wellbeing of our community.

Use of Friend Club

Subject to your complete and ongoing compliance with these Terms and all applicable laws, you have the right to access and use the Site. This right will allow you to use and enjoy the benefit of the Site as provided by us, in the manner we permit through these Terms. You can’t use the Site if you are under 13 years of age. If you are accessing the Site outside of the United States, you must be legally eligible under the laws of your country to provide consent to data processing. If you create an account for a business, company or any other entity (collectively, “Entity”), then “you” shall include both you and the Entity and you represent and warrant that you are authorized to agree and, in addition, grant all permissions and licenses provided in these Terms. You agree to bind the Entity to these Terms on the Entity’s behalf. In addition, you agree that we may update our website, software, or product offering and these Terms will apply to any updates.

Nondiscrimination Policy

We want you to feel welcome and included on our Site. As such, we prohibit any discrimination against other users of the Site based on race, color, religion, sex, national origin, ancestry, ethnicity, immigration status, disability, marital, family, pregnancy status, sexual orientation, gender identity, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local laws. Such discrimination includes, but is not limited to, the refusal to offer, provide, or accept services or any conduct that improperly considers the above. This applies to posting discriminatory content, such as images, reviews, or inquires. We will, at our sole discretion, enforce this policy up to and including suspending or removing anyone who violates this policy. If, at any point, you experience discrimination from another user, please contact [email protected] so we can investigate and take any appropriate actions.

Your License to Use Friend Club

Subject to the Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Site.

User Content

Friend Club allows you to post content, which may include, but not be limited to photos, reviews, messages, inquires, information, comments, links, and other materials. Anything you post, display, make available, or provide to Friend Club to post, display, or make available on Friend Club on your behalf shall be referred to as “User Content”.  If you share (or provide Friend Club to share) User Content on Friend Club, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content based on these Terms. You are solely responsible for the User Content you post to Friend Club or provide Friend Club to post on your behalf.

When you submit, distribute, transmit, or post User Content, you give us full right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Friend Club to use your User Content to provide, promote, and improve the Site. You agree that this license is non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products. We reserve the right to modify User Content or change how it is being used on Friend Club for any reason.

In addition to giving Friend Club a license, you also give each user of the Site a non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Site and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt and such submissions. By submitting User Content that includes your name, image, voice, or likeness, you grant Friend Club the right to use such name, image, voice, or likeness for marketing, promotional, and commercial purposes in connection with the Site. To the extent permitted by applicable law, you waive any moral rights or rights of attribution you may have in your User Content.

You acknowledge that Friend Club may use User Content, including images, to train, develop, and improve machine learning models and AI-powered features that power the Site, including style matching, recommendation systems, and vendor tools.

Profile and User Content Storage

Upon deletion of your account, or if you remove User Content from Friend Club, we may keep your profile information or User Content for a reasonable period of time. In addition, Friend Club and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, preform, and distribute any of your User Content that Friend Club or its users have stored or shared on Friend Club.

Intellectual Property

All of the content, excluding User Content, that appears on the Site, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the Site and other materials, are the exclusive property of Friend Club and are protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Site and the overall “look and feel” of the Site, (collectively the “Marks”) are proprietary to Friend Club. You may not display, reproduce, or otherwise use the content or materials on the Site, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Site. Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

If you would like to request authorization to use the materials or content on the Site, please contact us at [email protected].

Restrictions on Your Use of the Site

Your right to use the Site is limited any you are prohibited from doing any of the following:

• impersonate others or provide inaccurate information.
• do anything unlawful or misleading.
• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
• take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure.
• resell or make any commercial use of the Site or any of the content.
• modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Site content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser.
• copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Site content, including any Marks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise.
• use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Site or to collect any information from the Site or any user of the Site.
• harvest or scrape any content from the Site, or using other automated or manual means to take our content without our prior consent.
• bypass, circumvent, or attempt to bypass or circumvent any feature of the Site or any measures we may use to prevent or restrict access to the Site, including other accounts, computer systems or networks connected to the Site.
• run any form of auto-responder or “spam” on the Site.
• otherwise take any action in violation of these Terms or our Privacy Policy.

Representations About Your User Content

When you submit User Content, you represent and warrant that:

• you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us).
• your submission of such materials to Friend Club does not and, when used by Friend Club as authorized under these Terms, will not violate or infringe the rights of any third-parties, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission).
• all User Content you provide is accurate, complete, up-to-date, and not misleading (you’re not lying).
• In addition, any User Content must not:
  • include any profanity or obscene, indecent, or pornographic material.
  • contain any unauthorized or unsolicited advertising, such as spam.
  • contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party.
  • impersonate any person or entity.
  • include anyone’s identification documents or sensitive financial information.

Private vs. Non-Private Content

We take your privacy very seriously and are committed to keeping your private information, well, private. However, we also include certain features to open channels of communication, either among our users or between our users and us, and those features wouldn’t work if all your communication were completely private. Therefore, we don’t treat as private or confidential any User Content that you provide to those features of the Site. When in doubt, it is best to take a look at our Privacy Policy, which details the types of information we treat as confidential or private. If you post something publicly on the Site, others may be able to view or read it. You should always use caution when providing any personal information about yourself or anyone else, including your children.

A Note About Third-Party Content and User Content

You may see a lot of content on the Site, some of which will come from other users or sources outside of Friend Club. All content, including User Content and third-party content, is the responsibility of the party that creates it. Friend Club does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.

We may review content on the Site, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Site, including User Content, without notice or further obligation to you.

We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Site. Friend Club will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Site, regardless of whether Friend Club or another party provides it.

Copyright Policy

Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.

If you believe someone has posted on the Site a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following information to our Designated Agent (whose contact information is below):

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
• identification of works or materials being infringed.
• identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.
• your contact information, including address, telephone number and, if available, e-mail address.
• a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law.
• a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

Please contact the Designated Agent to receive notice of claimed infringement by emailing [email protected] or writing Friend Club at 13428 Maxella Ave, #475, Marina Del Rey CA 90292.

Our Commitment

We are not a product, service provider, vendor, or agent of any vendor. We are solely an online and offline platform that helps to facilitate the connection and discovery of potential clients and vendors. We are not a party to or are involved directly in the transaction between any users. As such, we have no control over the quality, accuracy, safety, existence, or legality of transactions that may take place or on the accuracy of Vendor listings. Further, we have no control over a client’s ability to pay vendors or vendor’s performance of services. We make no representations or warranties and are not liable or responsible for the actions or inactions of users.

As part of our service, Friend Club may proactively reach out to you via email or text on behalf of another user to facilitate a potential match or introduction. These communications are part of our core platform functionality. By creating an account, you consent to receiving such facilitated introductions.

Text Messaging

By using the Services, you agree that we and those acting on our behalf may, in certain circumstances, send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. You may not be able to use the Services without agreeing to receive operational text messages. Users of the Services may also send you text messages through the Services.

You may opt-out of receiving marketing text messages at any time by texting STOP to any text message from us or sending an email to [email protected] indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request. If you do not want to receive operational text messages from us, do not use the Services. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or use of the Services. Carriers, text messaging platforms, and Friend Club are not liable for delayed or undelivered messages. If you change or deactivate the phone number you provided to us, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile network operator for details.

In addition to automated messages, members of the Friend Club team may contact you directly via text message or email to assist with your experience on the Site, facilitate connections, or follow up on activity related to your account.

WARRANTY DISCLAIMER

By using the Site, you understand and agree that we have no control over, and no duty to take any action regarding:

• which users access the Site.
• what content you access via the Site.
• All User Content on the Site.
• what effects the content may have on you.
• how you may interpret or use the content.
• what actions you may take as a result of your exposure to the content.

The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRIEND CLUB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY FRIEND CLUB OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, FRIEND CLUB DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FRIEND CLUB OR ANYONE REPRESENTING FRIEND CLUB BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR FRIEND CLUB’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FRIEND CLUB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless Friend Club and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Site, your User Content, or your violation of these Terms. This includes any claim that your User Content infringes or violates any third-party right, including intellectual property or privacy rights.

Dispute Resolution; Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. You and Friend Club each waive the right to a jury trial and the right to participate in a class action. This agreement to arbitrate does not apply to claims that may be brought in small claims court. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms.

Termination

We reserve the right to terminate your license to use the Site or block or prevent your access to the Site, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.

Governing Law

No matter where you’re located, the laws of the State of California will govern these Terms and the relationship between you and Friend Club as if you signed or otherwise agreed to these Terms in California, without regard to California’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under these Terms, then the parties agree to submit to the federal or state courts in the County of Los Angeles, California for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Site or your breach of these Terms.

Changes to These Terms

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time, effective immediately upon posting and you agree to be bound by such modifications or revisions. It is your responsibility to check the Terms periodically because any changes will be binding on you. If you do not like our new terms, please stop using Friend Club. By continuing to access or use the Site after any revision become effective, you agree to be bound by the revised terms.

Severability

If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

Consent to Electronic Communications

By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

You consent to receiving email communications from us, including operational emails related to your account and marketing or promotional emails about our services. You may opt out of receiving marketing emails at any time by clicking the "unsubscribe" link in any marketing email we send you, or by emailing [email protected] with your request. Operational emails related to your account and the services we provide may not be subject to opt-out.

Entire Agreement

These Terms constitute the entire agreement between you and Friend Club and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Site. Any rights not expressly granted herein are reserved.

Miscellaneous

We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including mechanical, electronic or communications failure or degradation.

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.