Torchys Motorcycle Club

1. Acceptance of Terms

By accessing or using the Torchys Motorcycle Club website, creating an account, purchasing merchandise or event tickets, making donations, or otherwise using any of our services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use the Services. These Terms constitute a legally binding agreement between you and Torchys Motorcycle Club ("Torchys," "we," "us," or "our").

2. Eligibility

You must be at least 18 years of age to use our Services, create an account, make purchases, attend events, or make donations. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Accounts and Registration

To access certain features of the Services, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You must promptly notify us of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or are otherwise deemed inactive or harmful.

4. Membership

Membership in Torchys Motorcycle Club is subject to application and approval at the sole discretion of club leadership. All members must adhere to the club's code of conduct, bylaws, and these Terms at all times.

Dues and Billing. Membership dues are billed on a recurring subscription basis at the rate and interval determined by the club. By subscribing, you authorize us to charge your designated payment method on a recurring basis until you cancel. Membership dues are non-refundable, including for any partial billing period. The club reserves the right to change dues amounts with reasonable notice.

Termination of Membership. The club reserves the right to suspend, revoke, or terminate any membership at any time, with or without cause, including for violations of the code of conduct or these Terms. No refund of dues will be provided upon termination. You may cancel your membership at any time through your account settings, and your membership will remain active through the end of the current billing period.

5. Merchandise and Shop Purchases

Orders and Pricing. All prices for merchandise displayed on our website are in U.S. dollars and are subject to change without notice. We reserve the right to limit order quantities and to refuse or cancel any order at our sole discretion, including due to pricing errors, product availability, or suspected fraud. An order confirmation does not constitute acceptance of your order until the item has been shipped or fulfilled.

Shipping and Delivery. Shipping times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, weather, customs, or other circumstances beyond our control. Risk of loss for purchased items passes to you upon delivery to the carrier.

Returns and Refunds. All merchandise sales are final unless the item is defective or materially different from its description. If you receive a defective item, you must contact us within 14 days of delivery to request a replacement or refund. Refunds, if approved, will be issued to the original payment method. We reserve the right to deny refund requests that do not meet our return criteria.

Promotional Codes. Promotional codes and discounts are subject to specific terms and conditions, including expiration dates and usage limits. Promo codes may not be combined, transferred, sold, or applied retroactively to prior orders. We reserve the right to void any promo code at any time.

6. Event Tickets and Attendance

Ticket Purchases. Event tickets are available on a first-come, first-served basis and are subject to availability. All ticket sales are final. No refunds, exchanges, or transfers will be issued unless the event is canceled by Torchys Motorcycle Club. If an event is canceled, refunds will be issued to the original payment method at our discretion.

QR Code Tickets. Each ticket includes a unique QR code for event entry. You are responsible for safeguarding your QR code. Lost, stolen, or duplicated QR codes may result in denied entry. Each QR code may be scanned only once; duplicate scans will be rejected. We are not responsible for unauthorized use of your ticket or QR code.

Event Changes and Cancellations. We reserve the right to modify event details (including date, time, venue, and format), postpone, or cancel any event at any time. We will make reasonable efforts to notify ticket holders of material changes. In the event of cancellation, our sole obligation is to offer a refund of the ticket purchase price.

Event Conduct. Attendees must comply with all venue rules, applicable laws, and any event-specific guidelines. We reserve the right to refuse entry or remove any attendee whose conduct is disruptive, dangerous, or violates these Terms, without refund.

7. Events and Rides — Assumption of Risk

Participation in Torchys Motorcycle Club events, rides, gatherings, and activities is entirely voluntary and at your own risk. Motorcycling and related activities involve inherent risks including, but not limited to, the risk of serious physical injury, disability, or death.

By participating in any event or ride, you acknowledge and voluntarily assume all risks associated with your participation. All participants must follow applicable traffic laws, safety guidelines, and any event-specific rules. You are solely responsible for your own safety, the condition of your motorcycle, and your compliance with all applicable laws.

Torchys Motorcycle Club, its officers, members, volunteers, and affiliates shall not be liable for any injury, death, property damage, loss, or claim arising out of or related to your participation in any club event, ride, or activity, regardless of cause, including the negligence of the club or its representatives.

8. Donations

Voluntary Contributions. All donations made through our platform — whether to the club, to specific causes, to charitable organizations, or through event-based fundraisers — are voluntary and non-refundable. By making a donation, you confirm that the funds are your own and that you are authorized to make the donation.

Charitable Allocations. When you direct a donation to a specific charitable organization through our platform, we will make commercially reasonable efforts to ensure the designated funds are delivered to that organization. However, we do not guarantee the charitable status, tax-exempt status, or operations of any third-party charity listed on our platform. You are responsible for verifying the tax-deductibility of any donation with a qualified tax professional.

Tax Responsibility. Torchys Motorcycle Club is not a 501(c)(3) tax-exempt organization unless otherwise stated. Donations to the club itself may not be tax-deductible. Donations directed to third-party charitable organizations may or may not be tax-deductible depending on the organization's status. We do not provide tax advice, and you should consult your own tax advisor regarding the deductibility of any donation.

Fundraiser Events. Donations made through event-linked fundraisers are subject to the same non-refundable terms. Fundraiser goals displayed on our platform are aspirational and do not constitute guarantees or obligations. We reserve the right to close, modify, or remove any fundraiser at any time.

9. Payments and Billing

All payments are processed through Stripe, our third-party payment processor. By making a purchase or payment through our Services, you agree to Stripe's terms of service and privacy policy. You represent and warrant that you are authorized to use the payment method provided.

You agree to pay all charges incurred through your account at the prices in effect at the time of purchase. All amounts are in U.S. dollars. You are responsible for any applicable taxes.

Chargebacks and Disputes. If you file a chargeback or payment dispute with your bank or card issuer for a legitimate transaction, we reserve the right to suspend your account, cancel outstanding orders, revoke membership, and invalidate any associated tickets or benefits pending resolution of the dispute. Fraudulent chargebacks may be reported to law enforcement.

10. Sponsorships

Sponsor applications and sponsorship arrangements are subject to review and approval by club leadership. Sponsorship terms, benefits, and obligations are governed by individual sponsorship agreements. The club reserves the right to accept, reject, or terminate any sponsorship at any time at its sole discretion. Listing as a sponsor on our website does not imply endorsement of the sponsor's products, services, or business practices by Torchys Motorcycle Club.

11. Intellectual Property

The Torchys name, logo, trademarks, and all related visual elements, website content, designs, text, graphics, and software are the exclusive property of Torchys Motorcycle Club and are protected by applicable intellectual property laws. Unauthorized use, reproduction, distribution, or modification of any club intellectual property is strictly prohibited.

You may not use the Torchys name, logo, or branding for any commercial purpose, on merchandise, or in any manner that suggests endorsement or affiliation without prior written permission from club leadership.

12. User Conduct

When using our Services, you agree not to:

Violate any applicable local, state, national, or international law or regulation
Use the Services for any fraudulent, deceptive, or illegal purpose
Interfere with or disrupt the operation of the Services or servers
Attempt to gain unauthorized access to any portion of the Services or other accounts
Share, resell, or distribute tickets, QR codes, or promo codes in violation of these Terms
Submit false, misleading, or inaccurate information
Harass, abuse, or harm other users, members, or club staff
Use automated means (bots, scrapers, etc.) to access the Services without prior written consent

Violation of these conduct rules may result in immediate account suspension or termination, cancellation of orders or memberships, and forfeiture of any associated benefits, without refund.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO GUARANTEES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON OUR WEBSITE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TORCHYS MOTORCYCLE CLUB AND ITS OFFICERS, MEMBERS, VOLUNTEERS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

15. Indemnification

You agree to indemnify, defend, and hold harmless Torchys Motorcycle Club, its officers, members, volunteers, agents, and affiliates 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 or access to the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or property right; (d) your participation in any event, ride, or activity; (e) any dispute between you and a third party, including any charitable organization; or (f) any content you submit or make available through the Services.

16. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be attempted to be resolved through informal negotiation by contacting us at torchysmc@gmail.com. If the dispute cannot be resolved informally within thirty (30) days, either party may pursue resolution through binding arbitration or in the courts of competent jurisdiction in the state where the club is headquartered.

You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Torchys Motorcycle Club.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state in which Torchys Motorcycle Club is headquartered, without regard to its conflict of law provisions.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

19. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be indicated by updating the "Last updated" date at the top of this page. Your continued use of the Services after any changes constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically. If you do not agree to the updated Terms, you must discontinue use of the Services.

20. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and Torchys Motorcycle Club with respect to the Services. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us regarding the Services.

21. Contact

If you have questions about these Terms of Service, please contact us at torchysmc@gmail.com.