Terms of Use
Sports Car Club of America™

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND SCCA TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. IT AFFECTS YOUR LEGAL RIGHTS.

Informal resolution first. Before initiating arbitration, you and SCCA agree to try to resolve any dispute informally. You agree to send SCCA a written notice describing the dispute and the relief you seek to the address in the “Contact Information” section below, and SCCA will send you such a notice at the contact information it has for you. If the dispute is not resolved within sixty (60) days after the notice is received, either party may initiate arbitration.

Agreement to arbitrate. Except for the disputes described in “Exceptions” below, you and SCCA agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your access to or use of the Site (a “Dispute”) will be resolved by binding arbitration on an individual basis, rather than in court. This Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this section. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by this Agreement. The arbitrator’s award may be entered in any court of competent jurisdiction.

Class action waiver. You and SCCA agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate or join the claims of more than one person, and may not preside over any form of a class, collective, or representative proceeding, except that the AAA (or other administrator) may administer and coordinate multiple individual arbitrations, including through batching or consolidation of filing and administrative processes as permitted by its rules.

Exceptions. This section does not require arbitration of: (a) an individual claim brought in a small claims court of competent jurisdiction, so long as it remains on an individual basis; or (b) a claim for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or proprietary rights.

Your right to opt out. You may opt out of this Dispute Resolution section within thirty (30) days after you first accept this Agreement by sending written notice of your decision to opt out to the address in the “Contact Information” section below, stating your name and an intent to opt out of arbitration. If you opt out, the “Governing Law and Jurisdiction” section below governs your Disputes. Opting out of arbitration has no effect on any other part of this Agreement.

Severability. If the class action waiver above is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) will be severed from the arbitration and may be brought in the courts identified in the “Governing Law and Jurisdiction” section below, while all other Disputes will proceed in arbitration. If any other portion of this section is found to be unenforceable, the remainder of this section will remain in effect.