Clutsh Terms of Service

Last Updated: 1/04/25

1. Acceptance of Terms

By accessing or using the Clutsh website located at [your website address] (the "Site") and any related services (collectively, the "Services"), including but not limited to the Redline newsletter and Kickstart car-buying services, you ("you" or "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site or Services.

2. Description of Services

Clutsh provides online car-buying assistance services, including:

  • Redline Newsletter: A free email newsletter with car-buying tips, market insights, and other related content.

  • Kickstart Services: Paid packages that provide personalized car-buying assistance, as further described on the Site.

3. User Accounts

  • Account Creation: While full user accounts are not currently available, Clutsh may offer them in the future. The process for creating an account will be outlined on the Site at such time that accounts become available.

  • Account Security: If user accounts are created, you will be responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Clutsh immediately of any unauthorized use of your account.

  • Account Termination: Clutsh reserves the right to suspend or terminate your account at any time, for any reason, including but not limited to, violation of these Terms.

4. Payment Terms

  • Kickstart Services: Payment for Kickstart services is due at the time of purchase through the payment methods provided on the Site (processed by Squarespace).

  • Pricing: Prices for Kickstart services are as listed on the Site and are subject to change without notice.

5. Refund Policy

Clutsh's refund policy is as follows:

  • Refunds for Non-Delivery: Refunds are granted if Clutsh fails to deliver the Kickstart services as promised and described on the Site.

  • No Refunds for Time Invested: Refunds are generally not granted once work has commenced on your Kickstart service, as payment covers the time and expertise invested in researching and providing car-buying assistance.

  • Disputes: If you are dissatisfied with the Kickstart service, please contact us at [your email address] to discuss your concerns. We will make a good-faith effort to resolve the issue.

6. User Conduct

You agree not to use the Site or Services to:

  • Violate any applicable law or regulation.

  • Infringe upon the intellectual property rights of Clutsh or any third party.

  • Transmit any harmful or malicious code, such as viruses or malware.

  • Engage in any activity that interferes with or disrupts the Site or Services.

  • Harass, abuse, or threaten others.

  • Post or transmit any unlawful, fraudulent, misleading, or inappropriate content.

7. Intellectual Property

The Site and Services, including all content, trademarks, logos, and other intellectual property, are owned by or licensed to Clutsh and are protected by copyright, trademark, and other intellectual property laws. You may not use Clutsh's intellectual property without our prior written consent.

8. Disclaimers

  • Car Information: Clutsh strives to provide accurate and up-to-date information about cars, but we do not guarantee the accuracy or completeness of such information.

  • Service Results: Clutsh does not guarantee that you will find or purchase a car through our Services.

  • No Warranty: The Site and Services are provided "as is" and without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitations of Liability

To the fullest extent permitted by law, Clutsh shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use of or inability to use the Site or Services.

  • Any unauthorized access to or use of our servers and/or any personal information stored therein.

  • Any interruption or cessation of transmission to or from the Site.

  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party.

  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site or Services.

10. Indemnification

You agree to indemnify and hold harmless Clutsh, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Site or Services, your violation of these Terms, or your violation of any rights of11 a third party.

11. Termination

Clutsh may terminate your access to the Site and Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.

13. Dispute Resolution

  • Informal Negotiation: If you have any dispute with Clutsh, you agree to first contact us at sam@clutsh.com and attempt to resolve the dispute with us informally.

  • Mediation: If the dispute is not resolved through informal negotiation within 30 days, you agree to participate in mediation in Charlotte North Carolina, before a mutually agreed-upon mediator. The costs of mediation shall be shared equally by the parties.

14. Changes to the Terms

Clutsh reserves the right to modify these Terms at any time. We will post the updated Terms on the Site and update the "Last Updated" date. Your continued use of the Site or Services after the posting of the revised Terms constitutes your acceptance of the changes.

15. Contact Information

If you have any questions about these Terms, please contact us at:

sam@clutsh.com