Terms of Service

Last Updated: 01 November 2025

Please read these Terms of Service ("Terms", "Terms of Service", "Agreement") carefully before using the https://customersnow.club website, associated platforms, systems, software, and services (together, or individually, the "Service" or "Services") operated by Customers Now Club PMA ("Association," "Agency", "PMA", "us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms as part of your private membership contract. These Terms apply to all members, visitors, and users who access or use the Service within the private domain of Customers Now Club PMA.

By becoming a member, accessing, or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you do not have permission to access the Site or Service.

Private Membership Association
Services Provided
Accounts and Registration
Member Responsibilities
Payment Terms and Billing
Intellectual Property Rights
User-Generated Content
Prohibited Uses
SMS/Text Messaging (A2P 10DLC Compliance)
Email Communications (CAN-SPAM Compliance)
Third-Party Links and Services
Confidentiality
Warranties and Disclaimers
Limitation of Liability
Indemnification
Dispute Resolution and Governing Law
State-Specific Provisions
Termination
Modifications to Terms
Severability
Waiver
Entire Agreement
Contact Information

1. Private Membership Association

Customers Now Club PMA operates as a Private Membership Association (PMA). Membership is voluntary and by invitation or application only. The Association reserves the right to accept or deny any membership application at its sole discretion.

PMA Structure: All services, content, and communications provided by the Association are offered exclusively to members under private contract. These services are not subject to public commercial regulations but operate within the framework of private membership agreements.

Member Rights: As a member of this PMA, you have the right to access exclusive services, resources, and benefits as outlined in your membership agreement and these Terms.

Private Domain: All activities, transactions, and communications occur within the private domain of the Association and are governed by these Terms and the private membership agreement.

2. Services Provided

The Association provides various services to its members, including but not limited to:

Trusted Agent Engine: Lead generation, qualification, and appointment booking services connecting members with prospective clients
Appointment Engine: Automated scheduling, calendar management, and appointment coordination tools
Trusted Advisor Engine: Expert consultation, guidance, and advisory services
Member Resources: Educational content, training materials, and business development tools
Communication Platforms: Secure messaging, email, and SMS communication systems
Technology Platforms: Access to proprietary software, CRM systems, and integrated business tools
Community Access: Networking opportunities, forums, and member collaboration spaces

Service Availability: Services are provided "as available" and may be modified, suspended, or discontinued at any time with reasonable notice to members. Some services may require additional fees or separate agreements.

Service Modifications: We reserve the right to modify, enhance, or discontinue any service at our discretion. Members will be notified of material changes affecting their access or use of services.

3. Accounts and Registration

Account Creation: To access certain Services, you must create an account by providing accurate, complete, and current information. You may be asked to provide:

Full legal name and business name
Email address and phone number
Physical mailing address
Payment information (if applicable)
Business information and credentials
Other information necessary to provide Services

Age Requirement: You must be at least 18 years of age to become a member and use the Services. By registering, you represent and warrant that you are 18 years or older.

Account Security: You are responsible for:

Maintaining the confidentiality of your account credentials (username and password)
All activities that occur under your account
Notifying us immediately of any unauthorized access or security breach
Using a strong, unique password and updating it regularly

Account Accuracy: You agree to keep your account information accurate, complete, and up to date. Failure to do so may result in suspension or termination of your account and access to Services.

Communication Consent: By creating an account or contacting us, you expressly consent to receive communications from us, which may include:

Individual or automated text messages (SMS)
Phone calls (including automated/pre-recorded calls)
Emails (transactional and marketing)
Push notifications (if applicable)
In-app messages

You may manage your communication preferences or opt out as described in these Terms and our Privacy Policy.

4. Member Responsibilities

As a member of Customers Now Club PMA, you agree to:

Professional Conduct:

Conduct yourself professionally and ethically in all interactions
Comply with all applicable laws, regulations, and professional standards
Not engage in fraudulent, deceptive, or misleading practices
Respect other members, staff, and third parties

Information Accuracy:

Provide truthful, accurate, and complete information
Update your information promptly when it changes
Not impersonate any person or entity
Not create multiple accounts without authorization

Service Use:

Use Services only for their intended, lawful purposes
Not interfere with or disrupt the Services or servers
Not attempt to gain unauthorized access to any systems
Not use Services to harm, threaten, or harass others

Lead and Client Handling (for Trusted Agent Engine users):

Respond to leads promptly and professionally
Handle prospect information confidentially and in compliance with privacy laws
Honor opt-out requests immediately
Not engage in spam, unsolicited communications, or aggressive sales tactics
Maintain accurate records of client interactions
Comply with all applicable licensing and professional requirements

Payment Obligations:

Pay all fees when due
Maintain valid payment information
Not dispute valid charges in bad faith
Reimburse the Association for collection costs if necessary

Prohibited Activities: See Section 8 for detailed prohibited uses.

5. Payment Terms and Billing

Membership Fees: Membership may require payment of fees as outlined in your specific membership plan. Fees may include:

Initial membership fees
Monthly or annual recurring fees
Service-specific fees
Transaction fees
Setup or onboarding fees

Payment Authorization: By providing payment information, you authorize us to charge the applicable fees to your designated payment method. You represent that you have the legal right to use any payment method provided.

Recurring Billing: For subscription-based services:

Fees are billed in advance on a recurring basis (monthly, annually, etc.)
Automatic renewal occurs unless you cancel before the renewal date
You will receive notice of upcoming charges
Payment methods will be charged automatically on the renewal date

Payment Methods: We accept major credit cards, debit cards, ACH transfers, and other payment methods as indicated on our platform. Payment processing is handled by secure third-party processors.

Failed Payments: If a payment fails:

You will be notified and given an opportunity to update payment information
Services may be suspended after repeated failed payment attempts
Additional fees may apply for payment processing failures
Account may be terminated for non-payment

Refund Policy:

Refunds are handled according to the specific offer or service purchased
Some services may include money-back guarantees with specific terms
Refund requests must be submitted in writing to [email protected]
Refunds, if approved, will be processed within 30 days
Certain fees (such as setup fees) may be non-refundable

Price Changes: We reserve the right to modify fees with at least 30 days' notice. Continued use of Services after a price change constitutes acceptance of the new fees.

Taxes: You are responsible for all applicable taxes (sales tax, use tax, VAT, etc.) except taxes on our net income. If we are required to collect taxes, they will be added to your invoice.

Chargebacks: Disputing valid charges may result in immediate suspension or termination of your account and membership. You agree to contact us directly before initiating any chargeback.

6. Intellectual Property Rights

Ownership: The Services and all content, features, functionality, software, code, designs, graphics, text, images, video, audio, trademarks, service marks, logos, and other materials (collectively, "Content") are owned by Customers Now Club PMA, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Association Trademarks: "Customers Now Club," "Trusted Agent Engine," "Appointment Engine," "Trusted Advisor Engine," and associated logos, designs, and trade dress are trademarks or registered trademarks of the Association. You may not use these marks without our prior written consent.

License to Members: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

Access and use the Services for your personal or business use as a member
Download, view, and print materials made available for member use
Use tools and resources provided as part of your membership

Restrictions: You may not:

Copy, modify, distribute, sell, or lease any part of our Services or Content
Reverse engineer, decompile, or attempt to extract source code
Remove or alter any copyright, trademark, or proprietary notices
Use Content outside the scope of your membership license
Create derivative works based on the Services or Content
Use automated systems (bots, scrapers) to access Services without permission
Frame or mirror any Content without written permission

Member-Generated Content: If you submit content through the Services (testimonials, feedback, suggestions), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, publish, and distribute such content for any purpose.

DMCA Compliance: We respect intellectual property rights. If you believe your work has been infringed, contact us at [email protected] with:

Identification of the copyrighted work
Location of the infringing material
Your contact information
A statement of good faith belief
A statement under penalty of perjury that the information is accurate
Your physical or electronic signature

7. User-Generated Content

Member Submissions: Members may have opportunities to submit content, including:

Testimonials and reviews
Forum posts and comments
Profile information and photos
Case studies and success stories
Questions and feedback

Content Standards: All user-generated content must:

Be truthful and not misleading
Not infringe on any intellectual property rights
Not contain defamatory, obscene, or offensive material
Not violate any laws or regulations
Not contain malware, viruses, or harmful code
Not promote illegal activities or services

Content Monitoring: We reserve the right (but have no obligation) to:

Monitor, review, and moderate user-generated content
Remove or edit content that violates these Terms
Suspend or terminate accounts for violations
Report illegal activity to authorities

No Endorsement: The Association does not endorse or verify user-generated content and is not responsible for its accuracy or reliability.

Content License: By submitting content, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

8. Prohibited Uses

You agree NOT to use the Services for any unlawful purpose or in any way that violates these Terms. Prohibited uses include, but are not limited to:

Illegal Activities:

Violating any federal, state, local, or international law
Infringing on intellectual property rights
Engaging in fraud, identity theft, or deceptive practices
Transmitting illegal or harmful content
Money laundering or financing illegal activities

Harmful Conduct:

Harassing, threatening, or intimidating others
Transmitting malware, viruses, or harmful code
Attempting to gain unauthorized access to systems
Interfering with or disrupting the Services
Conducting denial-of-service attacks

Spam and Abuse:

Sending unsolicited commercial messages (spam)
Using the Services for mass marketing without consent
Scraping, harvesting, or collecting user information
Creating fake accounts or impersonating others
Manipulating systems to gain unfair advantages

Inappropriate Content:

Posting obscene, defamatory, or offensive material
Sharing pornographic or sexually explicit content
Promoting violence, hate speech, or discrimination
Exploiting minors in any way

Service Abuse:

Reselling or sublicensing Services without permission
Using Services for competitors' benefit
Circumventing access controls or security measures
Reverse engineering or decompiling software
Using automated systems without authorization

Lead and Client Abuse (Trusted Agent Engine):

Contacting prospects who have opted out
Sharing or selling lead information to third parties
Using lead data for purposes other than intended
Misrepresenting services or making false claims
Ignoring or delaying responses to qualified leads

Violation Consequences: Violation of these prohibited uses may result in:

Immediate termination of your account and membership
Legal action and pursuit of damages
Reporting to law enforcement
Permanent ban from Services
Forfeiture of any fees paid

9. SMS/Text Messaging (A2P 10DLC Compliance)

By providing your mobile phone number to Customers Now Club PMA, you expressly consent to receive recurring informational, transactional, and marketing SMS/text messages from us, our service providers, or members you are connected with through our Services (such as Trusted Agent Engine).

Message Frequency: Message frequency varies depending on:

Your membership status and activity
Service usage (appointments, leads, etc.)
Your communication preferences
Transactional needs (confirmations, reminders)

You may receive anywhere from occasional messages to several per week.

Message & Data Rates: Standard message and data rates may apply as charged by your mobile carrier. We are not responsible for any carrier charges. Contact your carrier for details about your messaging plan.

Opt-Out Instructions:

Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message to opt out
You will receive a one-time confirmation message confirming your opt-out
No further messages will be sent from that message stream unless you opt back in
Opting out of marketing messages will NOT stop transactional messages related to your account, appointments, or services you've requested

Opt-In Again: To resume receiving messages after opting out, text START, YES, or UNSTOP, or update your preferences in your account settings.

Help/Support: Reply HELP or INFO to any message for assistance, or contact us at:

Email: [email protected]
Phone: (833) 741-0707

Consent Not Required: Your consent to receive SMS messages is NOT a condition of membership, purchase, or use of our Services. However, refusing certain transactional messages (such as appointment confirmations or security alerts) may affect service delivery and your experience.

Types of Messages:

Transactional/Service Messages (cannot be opted out while using Services):
- Account notifications and alerts
- Appointment reminders and confirmations
- Lead notifications and updates
- Password resets and security alerts
- Payment confirmations and receipts
- Service status updates
Informational Messages:
- Association news and updates
- Educational content and tips
- Event invitations and reminders
- Member benefit notifications
Marketing/Promotional Messages (requires separate explicit opt-in):
- Special offers and promotions
- New product announcements
- Exclusive member deals
- Referral opportunities

Separate Consent Management: You may separately manage your consent preferences for:

Marketing vs. transactional messages
Different service lines (Trusted Agent Engine, Appointment Engine, etc.)
Different phone numbers (if you have multiple)

Update your preferences in your account settings or contact us at [email protected].

Trusted Agent Engine SMS:

If you submit a lead request through Trusted Agent Engine, you consent to receive SMS from the matched member(s) regarding your inquiry
These messages may include appointment details, follow-ups, and service information
Each member operates independently; opt-out requests apply to that specific member
For issues with member communications, contact us at [email protected]

Third-Party SMS:

We may use third-party platforms (such as GoHighLevel, Twilio) to send messages
These providers are contractually required to comply with our privacy and security standards
Your phone number will not be sold or shared with unauthorized parties

Supported Carriers: Our SMS program supports all major U.S. mobile carriers, including but not limited to:

AT&T, T-Mobile, Verizon, Sprint, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and others
Check with your carrier for SMS compatibility

A2P 10DLC Registration: Our SMS program is registered with carriers under A2P 10DLC (Application-to-Person 10-Digit Long Code) requirements. We comply with all carrier guidelines for:

Message content and formatting
Sending rates and volumes
Opt-in/opt-out handling
Prohibited content restrictions

Prohibited Message Content: In compliance with carrier policies, we do NOT send:

SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco)
Phishing or fraudulent schemes
High-risk financial services messages (unless specifically approved)
Cannabis-related content
Illegal content or services
Get-rich-quick schemes
Work-from-home schemes
Debt collection messages
Content violating federal or state laws

Message Delivery: While we make every effort to deliver messages promptly:

Delivery and timing may vary based on carrier and network conditions
We are not liable for delayed, undelivered, or misdirected messages
Messages sent to landlines or incompatible numbers may not be delivered
Carrier filtering may affect message delivery

International Numbers: Our SMS program is designed for U.S. mobile numbers. International numbers may not be supported, and international message rates may apply if available.

Changes to SMS Program: We reserve the right to:

Modify message content, frequency, or types
Change SMS providers or platforms
Suspend or terminate the SMS program
Update these terms with reasonable notice

SMS Terms Survival: These SMS terms survive termination of your membership and continue to apply to any messages you've consented to receive.

10. Email Communications (CAN-SPAM Compliance)

We send email communications to members and users who have provided their email addresses. We comply with the CAN-SPAM Act and applicable email marketing laws.

Types of Emails:

Transactional emails (account updates, receipts, confirmations)
Service-related emails (appointment reminders, lead notifications)
Informational emails (newsletters, updates, educational content)
Marketing emails (promotions, offers, announcements)

Opt-Out Rights:

Every marketing email includes a clear unsubscribe link
Click the unsubscribe link or contact [email protected] to opt out
We will process opt-out requests within 10 business days
Transactional emails cannot be opted out of while you maintain membership

Email Standards: Our emails:

Include accurate "From," "To," and "Reply-To" information
Have clear and honest subject lines
Identify commercial messages as advertisements when required
Include our physical mailing address: RR 8220 East Maringo Drive, Spokane, Washington
Provide a clear opt-out mechanism

Third-Party Email Providers: We may use third-party email service providers who are contractually obligated to comply with CAN-SPAM and our privacy standards.

11. Third-Party Links and Services

Third-Party Links: Our Services may contain links to third-party websites, services, products, or resources ("Third-Party Services") that are not owned or controlled by the Association.

No Control or Endorsement: We have no control over and assume no responsibility for:

Content, accuracy, or reliability of Third-Party Services
Privacy policies or practices of Third-Party Services
Terms of service of Third-Party Services
Actions or omissions of third parties

No Endorsement: Inclusion of links does not imply endorsement, approval, or recommendation of Third-Party Services.

Your Responsibility: You acknowledge and agree that:

You access Third-Party Services at your own risk
You should review the terms and privacy policies of Third-Party Services
We are not liable for any damages resulting from your use of Third-Party Services
Transactions with third parties are solely between you and the third party

Integrated Services: We may integrate with third-party platforms (such as calendar apps, CRM systems, payment processors) to provide Services. These integrations are subject to the third party's terms and privacy policies.

Third-Party Disputes: Any disputes with Third-Party Services are between you and the third party. We are not responsible for resolving such disputes.

12. Confidentiality

Definition of Confidential Information: "Confidential Information" includes any proprietary, sensitive, or non-public information disclosed by one party to the other, including:

Business strategies, plans, and methods
Financial information and pricing
Customer lists and prospect data
Trade secrets and proprietary technology
Member information and data
Marketing strategies and materials
Information marked "confidential" or that should reasonably be understood as confidential

Confidentiality Obligations: Both parties agree to:

Keep Confidential Information strictly confidential
Not disclose Confidential Information to third parties without prior written consent
Use Confidential Information only for purposes authorized under these Terms
Protect Confidential Information with the same care used for their own confidential information (but no less than reasonable care)

Exceptions: Confidentiality obligations do NOT apply to information that:

Is or becomes publicly available through no breach of these Terms
Was lawfully possessed by the receiving party before disclosure
Is independently developed without use of Confidential Information
Is required to be disclosed by law, regulation, or court order (with notice to the disclosing party when legally permitted)

Survival: Confidentiality obligations survive termination of membership and these Terms for a period of three (3) years.

Lead Data Confidentiality: Members receiving leads through Trusted Agent Engine must:

Maintain strict confidentiality of lead information
Use lead data solely for the intended business purpose
Not share, sell, or transfer lead data to third parties
Protect lead data with appropriate security measures
Delete lead data upon request or termination

13. Warranties and Disclaimers

Member Warranties: You represent and warrant that:

You have the legal capacity to enter into these Terms
You are at least 18 years of age
All information you provide is accurate, complete, and current
Your use of Services complies with all applicable laws
You will not violate these Terms or any applicable laws
You have all necessary licenses, permits, and credentials for your business
You own or have rights to any content you submit

Association Disclaimers:

AS IS/AS AVAILABLE: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NO WARRANTIES: TO THE FULLEST EXTENT PERMITTED BY LAW, THE ASSOCIATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
TITLE
QUIET ENJOYMENT
ACCURACY
INTEGRATION

NO GUARANTEE OF RESULTS: WE DO NOT WARRANT OR GUARANTEE THAT:

Services will be uninterrupted, timely, secure, or error-free
Services will meet your requirements or expectations
Results obtained from Services will be accurate or reliable
Any errors or defects will be corrected
Services or servers are free of viruses or harmful components
You will achieve any particular business results or income
Leads will convert to clients or generate revenue
Appointments will be kept or result in sales

Third-Party Services: We do not warrant or guarantee the reliability, accuracy, or quality of any third-party services, products, or content.

Individual Offers: Specific offers or services may include their own guarantees, warranties, or terms, which will be clearly stated at the time of the offer. Such specific terms supersede these general disclaimers for those particular offers.

State Law Rights: Some jurisdictions do not allow disclaimers of implied warranties. In such jurisdictions, some of the above disclaimers may not apply to you, and you may have additional rights.

14. Limitation of Liability

DISCLAIMER OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CUSTOMERS NOW CLUB PMA, ITS FOUNDERS, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES, OR LICENSORS (COLLECTIVELY, "ASSOCIATION PARTIES") BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or income
Loss of business opportunities or contracts
Loss of data or information
Loss of goodwill or reputation
Business interruption
Cost of substitute services
Any other intangible losses

Resulting from:

Your use or inability to use the Services
Any conduct or content of any third party on the Services
Unauthorized access to, use of, or alteration of your transmissions or content
Statements or conduct of any third party on the Services
Any other matter relating to the Services
Leads that don't convert or appointments that are cancelled
Technology failures, bugs, or interruptions
Actions or omissions of other members
Reliance on any content or information provided through Services

MAXIMUM LIABILITY: TO THE EXTENT LIABILITY CANNOT BE EXCLUDED, THE ASSOCIATION PARTIES' TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

$100.00, OR
The amount you paid to the Association in the 12 months preceding the claim

Exceptions: Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. In such jurisdictions, some of the above limitations may not apply to you.

Basis of the Bargain: You acknowledge that the Association has offered the Services, set its prices, and entered into these Terms in reliance upon these disclaimers and limitations of liability, and that they form an essential basis of the bargain between you and the Association.

15. Indemnification

Your Indemnification: You agree to defend, indemnify, and hold harmless the Association Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees and costs) arising from or relating to:

Your use or misuse of the Services
Your violation of these Terms
Your violation of any law, regulation, or third-party rights
Your content or information you submit
Your business activities, including interactions with clients or prospects
Any fraudulent, negligent, or intentional misconduct on your part
Claims made by third parties related to your use of Services
Your failure to obtain necessary licenses, permits, or credentials
Your marketing, advertising, or sales practices
Any disputes with other members or third parties

Association Control: The Association reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate fully with the Association in asserting any available defenses.

Notice: You must promptly notify the Association of any third-party claim subject to indemnification.

16. Dispute Resolution and Governing Law

Private Membership Governance: As a Private Membership Association, all disputes, claims, and controversies arising from or relating to these Terms, your membership, or the Services shall be governed exclusively by the private membership contract and internal procedures of Customers Now Club PMA.

Internal Resolution First: Before pursuing any formal dispute resolution, you agree to:

Contact us at [email protected] to describe the issue
Engage in good-faith negotiations to resolve the dispute
Allow at least 30 days for internal resolution attempts

Informal Dispute Resolution: Most disputes can be resolved informally. We encourage you to contact us first to seek resolution before pursuing formal procedures.

Arbitration Agreement:

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Binding Arbitration: If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, your membership, or the Services (including any alleged breach, termination, enforcement, interpretation, or validity, including to determine the scope or applicability of this agreement to arbitrate) shall be determined by binding arbitration in Spokane County, Washington before a single arbitrator.

Arbitration Rules: Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed arbitration service.

Arbitration Costs: Each party shall bear its own costs of arbitration. The arbitrator's fees shall be split equally unless the arbitrator determines otherwise.

Arbitrator's Authority: The arbitrator shall have the authority to:

Award monetary damages and other relief
Interpret these Terms
Determine arbitrability disputes
Issue injunctive or declaratory relief

The arbitrator shall NOT have authority to:

Award punitive or exemplary damages (except as required by statute)
Conduct class arbitrations or consolidated arbitrations
Award relief affecting persons other than the parties

No Class Actions: You agree that disputes must be brought on an individual basis only, and may not be brought as a class action, representative action, or consolidated action. Neither party may join or consolidate claims.

Exceptions to Arbitration: Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information.

Governing Law: These Terms and any disputes shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of law principles.

Venue: Any court proceedings (if not subject to arbitration) shall be brought exclusively in the state or federal courts located in Spokane County, Washington. You consent to personal jurisdiction and venue in these courts.

Waiver of Jury Trial: TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING RELATED TO THESE TERMS.

Limitation Period: Any claim or cause of action arising from or related to these Terms or Services must be filed within one (1) year after the claim arose. Otherwise, such claim is permanently barred.

17. State-Specific Provisions

California Residents

California Consumer Rights: If you are a California resident, you have specific rights under California law, including:

Rights under the California Consumer Privacy Act (CCPA/CPRA) as outlined in our Privacy Policy
Right to request disclosure of information collected
Right to request deletion of personal information
Right to opt out of sale or sharing of personal information
Right to correct inaccurate information

California Automatic Renewal Law: For subscription services:

We clearly disclose the automatic renewal terms before purchase
We obtain your affirmative consent to the automatic renewal terms
We provide notice of upcoming renewals
We provide a clear cancellation method

California Unruh Civil Rights Act: We do not discriminate based on sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.

California Arbitration Exemptions: Notwithstanding the arbitration provisions, California residents may have the right to opt out of arbitration under certain circumstances. Contact us at [email protected] within 30 days of agreeing to these Terms to exercise this right.

Texas Residents

Texas Data Privacy Rights: If you are a Texas resident, you have rights under the Texas Data Privacy and Security Act (TDPSA) as outlined in our Privacy Policy, including:

Right to access your personal data
Right to correct inaccuracies
Right to delete personal data
Right to data portability
Right to opt out of targeted advertising, sale of data, and profiling

Texas Automatic Renewal: For subscription services, we comply with Texas automatic renewal requirements by:

Clearly disclosing auto-renewal terms before purchase
Obtaining express consent
Providing cancellation methods
Sending renewal reminders

Washington State Residents

Washington Law: As the Association is based in Washington State, Washington law applies to all members. Washington residents have specific consumer protections under Washington's Consumer Protection Act.

Other States

State-Specific Laws: If your state has specific consumer protection laws, privacy laws, or other regulations that apply to these Terms or Services, those laws are incorporated to the extent required and enforceable.

Conflicts: If any provision of these Terms conflicts with mandatory state law, that provision shall be modified to the minimum extent necessary to comply with state law.

18. Termination

Termination by You: You may terminate your membership and account at any time by:

Notifying us in writing at [email protected]
Following the cancellation process in your account settings
Providing at least 30 days' notice for recurring subscription services (or as specified in your membership plan)

Termination by Association: We may terminate or suspend your account and membership immediately, without prior notice or liability, for any reason, including but not limited to:

Breach of these Terms
Violation of any law or regulation
Fraudulent, abusive, or illegal activity
Non-payment of fees
Inactivity for an extended period
Conduct harmful to the Association or other members
At our sole discretion as a Private Membership Association

Effect of Termination: Upon termination:

Your right to access and use the Services immediately ceases
You remain responsible for all fees incurred prior to termination
No refunds will be provided except as expressly stated in these Terms or required by law
All provisions that by their nature should survive termination shall survive, including: ownership provisions, warranty disclaimers, indemnity, limitations of liability, arbitration agreement, and confidentiality obligations

Data Retention: After termination:

We may retain your data as required by law or for legitimate business purposes
You may request deletion of your data subject to our retention obligations
Certain data may be retained in backups or archives

No Liability: Neither party shall be liable to the other for any damages arising from termination in accordance with these Terms.

19. Modifications to Terms

Right to Modify: We reserve the right to modify, amend, or update these Terms at any time at our sole discretion.

Notice of Changes:

Material changes will be communicated to members at least thirty (30) days prior to taking effect
Notice may be provided via email, in-app notification, website announcement, or other reasonable means
The date at the top will be revised

Your Acceptance: Continued use of the Services after changes take effect constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Services and may terminate your membership.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent, or if that is not possible, such provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

21. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure by the Association to assert a right or provision under these Terms does not constitute a waiver of such right or provision.

All waivers must be in writing and signed by both parties.

22. Entire Agreement

These Terms, together with:

Our Privacy Policy
Your Private Member Agreement
Any service-specific agreements
Any other terms incorporated by reference constitute the entire agreement between you and Customers Now Club PMA regarding the Services and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.

Amendments: No amendment or modification to these Terms shall be valid unless in writing and signed by an authorized representative of the Association.

23. Contact Information

For questions, concerns, or requests regarding these Terms of Service, please contact Customers Now Club PMA:

Email: [email protected]

Phone: (833) 741-0707

Mailing Address: RR 8220 East Maringo Drive, Spokane, Washington

Support Hours: Monday - Friday, 9:00 AM - 4:00 PM Pacific Time

Complaints and Feedback: We welcome your feedback. If you have concerns about our Services or believe we have violated these Terms, please contact us so we can address your concerns promptly.

Acknowledgment

BY BECOMING A MEMBER, CREATING AN ACCOUNT, USING THE SERVICES, OR CLICKING "I AGREE," YOU ACKNOWLEDGE AND AGREE THAT:

You have read, understood, and agree to be bound by these Terms of Service
You agree to the Privacy Policy incorporated herein by reference
You consent to electronic communications and transactions
You waive any applicable rights to jury trial or class actions as provided herein
You agree to the arbitration provisions and limitations of liability
You are entering into a binding private membership contract
You are at least 18 years of age
All information you provide is accurate and complete

These Terms apply exclusively within the private membership domain of Customers Now Club PMA.

This Terms of Service document is designed to comply with federal laws and state-specific regulations including California (CCPA/CPRA, automatic renewal laws), Texas (TDPSA, automatic renewal laws), and Washington State consumer protection laws. For state-specific questions or concerns, please contact us using the information above.