Terms of Service
This is a pre-launch website. Nothing here is an offer, a booking, a reservation or a promise. Joining the waitlist creates no contract and no obligation on either side. The site is provided "as is". Our liability is capped at $100. Disputes go to binding arbitration in Orange County, California.
1. Acceptance of these Terms
These Terms of Service ("Terms") govern your access to and use of sand-crew.com and any related pages, forms, content and communications (together, the "Site"), operated by The Builders ("we", "us", "our"). By accessing or using the Site, or by submitting any form on it, you agree to be bound by these Terms. If you do not agree, do not use the Site.
2. Pre-launch status — no service is being offered
The Builders is a planned venue that is not open and not operating. No service, session, booking, membership, ticket, product or reservation is being sold, offered for sale, or made available through this Site.
All descriptions of the venue, fleet, sessions, formats, pricing, locations, features and opening timelines are preliminary, illustrative and subject to change or cancellation at any time, without notice and without liability. Nothing on the Site constitutes an offer capable of acceptance, a binding commitment, a guarantee of future availability, or a representation that the venue will open at all.
3. The waitlist creates no rights
Submitting the "Founding Crew" or any other form on the Site places your details on an interest list only. It does not:
- reserve a place, a session, a date, a price or a membership;
- create a contract, deposit, credit, entitlement or priority of any kind;
- oblige us to contact you, to open, or to offer you anything.
We may modify, suspend, decline, or delete any waitlist entry at our sole discretion, at any time, for any reason or no reason. No payment is collected at waitlist stage, and you should not send us payment.
4. Eligibility
You must be at least 18 years old to submit any form on the Site. The Site is not directed to children. Do not submit information about or on behalf of a minor. See our Privacy Policy.
5. Information you submit
You agree that all information you submit is accurate, is yours to provide, and does not infringe any third-party right. Do not submit sensitive personal information, health information, financial account details, government identifiers, or confidential information — we do not request it and do not want it.
By submitting content, feedback, suggestions or ideas to us through the Site, email or social channels, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use, reproduce and exploit that material for any purpose, without compensation, credit or confidentiality obligation.
6. Acceptable use
You must not: use the Site unlawfully; submit false, automated, bulk or spam entries; attempt to probe, scan, overload, disrupt, reverse engineer or gain unauthorised access to the Site or its infrastructure; scrape or harvest data; bypass any security or rate limit; impersonate any person; or use the Site to infringe any right of any party. We may block, restrict or terminate access at any time without notice.
7. Intellectual property
All content on the Site — including text, layout, design, graphics, logos, marks, photography, video, renders and code — is owned by us or our licensors and is protected by intellectual property laws. "The Builders", "SAND", "Sand Crew" and associated logos and marks are our property. No licence is granted to you except the limited, revocable right to view the Site for your own personal, non-commercial use. Any other use — including copying, framing, mirroring, republishing, training machine-learning models on, or commercially exploiting the content — is prohibited without our prior written permission.
8. Third-party links, platforms and content
The Site may link to or interoperate with third-party services (for example Instagram, TikTok, Google, hosting, analytics and email providers). We do not control and are not responsible for third-party services, their content, availability, security, or their treatment of your data. Your use of them is governed by their own terms and policies, not ours.
9. NO WARRANTIES
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE IS FREE OF HARMFUL COMPONENTS, OR THAT ANY DESCRIBED VENUE, SERVICE, FEATURE, PRICE OR DATE WILL EVER EXIST OR MATERIALISE.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OWNERS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, DATA OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED US DOLLARS (US$100).
Some jurisdictions do not allow certain exclusions or limitations; in those jurisdictions our liability is limited to the maximum extent permitted by law. You expressly waive California Civil Code § 1542 and any similar provision in any other jurisdiction.
11. Indemnification
You agree to defend, indemnify and hold harmless The Builders and its owners, officers, members, employees, contractors, agents, suppliers and licensors from and against any claims, liabilities, damages, losses, judgments, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to your use of the Site, your submissions, your breach of these Terms, or your violation of any law or third-party right.
12. Governing law and venue
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of California, without regard to conflict-of-law rules. Subject to Section 13, the exclusive venue for any permitted court proceeding is the state and federal courts located in Orange County, California, and you consent to personal jurisdiction there.
13. Binding arbitration and class action waiver
Please read this section carefully — it affects your legal rights.
Any dispute, claim or controversy arising out of or relating to the Site or these Terms, including their formation, interpretation, breach, enforcement or termination, will be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, before a single arbitrator, seated in Orange County, California, in English. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. All claims must be brought in your individual capacity only. You and we each waive any right to bring or participate in a class, collective, consolidated, coordinated or representative action, or to have claims joined with those of any other person. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court and the remainder will stay in arbitration.
Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights.
Time limit. To the extent permitted by law, any claim must be filed within one (1) year after it arises, or it is permanently barred.
14. Changes to the Site and to these Terms
We may change, suspend or discontinue any part of the Site at any time without notice or liability. We may revise these Terms at any time by posting the revised version with a new "Last updated" date. Continued use of the Site after posting constitutes acceptance. It is your responsibility to review these Terms periodically.
15. General
If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will stay in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them freely, including in connection with any merger, acquisition or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Site and supersede all prior understandings. Nothing here creates any partnership, agency, employment or joint venture. There are no third-party beneficiaries.
16. Contact
The Builders — Lake Forest, Orange County, California, USA.
Email: hello@sand-crew.com