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Terms of Use

LAST UPDATED: March 25, 2026

IMPORTANT NOTICE: These Terms of Use (“Terms”, “TOU, or “Terms”) include important legally binding promises, including about how you and Enthusiastic Enterprises, Inc., its affiliates, and subsidiaries (collectively “EE” or “we” or “us” or “our”) will resolve disagreements and Disputes (defined below), which you agree to by using our Services. Please read these Terms carefully as they could affect your legal rights. In particular:

  • You agree to follow our Informal Dispute Resolution process, described below, before you bring a claim in court or initiate an arbitration. And, we agree to do the same, provided we have a valid email address for you.
  • You agree that any Disputes between you and EE will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that, unless there is a valid opt out, described below, any Disputes between you and EE will not be decided by a judge or a jury but, instead, will be decided in a private arbitration.
  • You also agree that you will not try to sue EE in a representative or class action lawsuit, either as a named plaintiff or a class member. This is called a “CLASS ACTION WAIVER.”

Acceptance of the Terms of Use.

These Terms are entered into by and between You and EE and govern your use of our Services, which are defined below, whether as a guest or registered user. Please take the time to read these Terms, our Privacy Policy, and any other written policies and terms that we have made available. We sometimes refer to these collectively as our “Agreement” with you. Our Agreement, including these Terms of Use, is a legally binding contract between you and EE, which contains valuable information about our Services and your use of our Services. If you do not agree to these Terms of Use, or any other part of our Agreement that is applicable to you, please do not use our Services.

Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. The most current version of these Terms will be available on our homepage so please review them each time you interact with our Services. When you access, use, or interact with our Services, you agree to be bound by the current version of these Terms and the rest of our Agreement, as applicable. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. If you don’t agree, please don’t access, use, or interact with our Services.

About Our Services

When we refer to our “Services” we mean our websites, mobile applications, software, social media, text messaging services, emails, and online advertisements, as well as the content, materials, functionality, and services that we own, offer, and make available through any of these platforms.

All information on our Services are for information use only. You should always consult with a wheel and tire professional before purchasing anything or modifying your vehicle. From time to time our Services may contain information with typographical errors, inaccuracies, or omissions that may relate to product and service descriptions, pricing, and availability. While we make reasonable efforts to ensure the information provided is accurate, we make no warranties about the accuracy and reliability of the information, data, or content on our Services. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Services. See the Disclaimer of Warranties and Limitation of Liability sections of these Terms for more details.

In the event our Services contain incorrect information, including if a product is listed at an incorrect price, we reserve the right to correct such errors or omissions and to change or update information at any time without prior notice (including after you have submitted your order). EE shall also have the right to refuse or cancel any orders placed for products listed at the incorrect price. We may refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, EE shall issue a credit to your form of payment in the amount of the incorrect price.

Who Can Use Our Services

Our Services are intended for an adult audience of persons who can form legally binding agreements. They are not intended for children under 16 years old. Children under 16 years old should never use our Services. Minors over the age of 16 may use the Services, in accordance with these Terms and our Privacy Policy, only under the supervision of a parent or legal guardian who agrees to be the user responsible for any and all activity. Our Services are for personal, noncommercial use only, and not for the use and benefit of any third party (unless you are a parent or guardian using the Services for your minor child who is over the age of 16).

You must also meet any additional age, geographic or other eligibility requirements that we specify for a particular Service, for example to subscribe to a magazine, publication, or service that we offer, to order anything online, to participate in certain contests, games, or sweepstakes, or to access or participate in certain services at or areas of our sites. By registering at those sites, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual site and vendor policies, and such policies are herein incorporated by reference.

Accessing Our Services and Account Security

We reserve the right to withdraw or amend our Services, and any functionality or material we provide on the Website, in our sole discretion. We will not be liable if for any reason all or any part or parts of the Services are unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of the Services to users, including registered users. You are responsible for both making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access some parts of the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of our Services that all the information you provide is correct, current, and complete. You agree that all information you provide to us our or Services, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any part of our Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You may be able to navigate some of our Services without creating an account. For any Services you access without creating an account, you are solely responsible for any activity through your personal device in connection with the Services, including impact to your personal device.

Acceptable Use Policy

We trust you to use our Services responsibly. However, to protect ourselves and our users, we may monitor, modify, terminate, and disclose to third parties your use of our Services (in compliance with our Privacy Policy). As a condition of using our Services, you agree not to misuse our Services or help anyone else to do so and that you will not do any of the following (“Prohibited Uses):

  • Modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content (defined below) with our prior written consent
  • Submit, display, or transmit any User Content (as defined below) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • Submit, display, or transmit any User Content that exceeds the capacity limits of our Services or for which you do not own or have the necessary and appropriate rights;
  • Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
  • Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the site;
  • Use the site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
  • Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;
  • Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the site; or monitor or copy Content;
  • Use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • Interfere or attempt to interfere with the proper working of this website or any activity or service on this website by using any robot, “bot,” spider, crawler, engine, device, software, tool, routine or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to this site or to any host or network;
  • Attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;
  • Access or attempt to access any system or servers on which the site is hosted or modify or alter the site in any way;
  • Upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;
  • Restrict or prevent any other user from using the site and/or any products, services, or content posted on or offered through the site;
  • Post or upload User Content that disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the site, or that otherwise negatively affects other users’ ability to use any part of this website; or,
  • Link to, frame, or otherwise reproduce this site or any other part of the Services without the prior written consent of the Company.

EE reserves the right to investigate any violations of its system, network, or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.

Ownership of Content

Our Services may offer featured articles, pictures, information, digital images, games, surveys, contests and sweepstakes, advertising, logos, trademarks, and other content (collectively referred to hereinafter as “Content,” but excluding specifically User Content as defined below) we hope will be of interest to our users. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software, or other forms now known or later invented. The Company makes no representations or warranties that the Content is available, appropriate, or legal to access. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this site is owned by the Company or used with authorization. Please feel free to use and interact with our Services, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. Please note that downloading software, information, data, or images from this site does not give you title or other rights to such Content. The Services and all of their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the EE, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You shall not modify copies of any materials on our Services; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; and/or access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

Trademarks and Proprietary Rights Notices

All trademarks, logos, trade names or service marks (collectively the “Marks”) mentioned, used, or displayed on this site are either owned by EE or otherwise are authorized for our use. You may not display or reproduce the Marks other than with our prior written consent. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality, or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through our Services.

To the best of our knowledge, copyright to all Content on our Services is either owned by EE, is licensed to us, or was cleared of any licensing or copyright. No Content or other material may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages, and other penalties. The use of any such material on any other website or networked computer environment is prohibited without our express written permission.

Notification of Claims of Infringement

We respect the intellectual property of others and ask you to do the same. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C., §512 (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity.

How to report a claim of infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a DMCA Notice to our DMCA Designated Agent. DMCA Notices must be in writing and must include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on our Services, including the URL of the site if applicable;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that all the information in your Notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed.

If we remove or disable access to content you have provided, pursuant to a valid DMCA Notice, we will make reasonable efforts to notify you and you may provide us with a counter-notification, in writing, to our DMCA Designated Agent.

How to provide a counter-notification. If we take down your materials or remove access to your materials as a result of receiving a DMCA Notice, and you believe such take down or removal was a mistake or misidentification, you may respond by sending our DMCA Designated Agent a counter-notification in accordance with the DMCA. The counter-notification must be in writing and include the following information:

  • Your physical or electronic signature;
  • A list of the material(s) that we removed, and the location where the material(s) appeared before it was removed;
  • Your name, address, telephone number, and email address;
  • A statement that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which the above address is located (or in any district where the service provider is located, if your address is outside of the United States);
  • A statement that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person; and.
  • A statement under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

If we receive a valid counter-notification, we may send a copy of the counter-designation to the original complaining party informing him or her that we may repost the applicable materials in ten business days. Unless the original complaining party notifies us that he or she has filed a legal action seeking a court order to restrain the alleged infringer from engaging in the infringing activity, we may repost or restore access to the removed materials ten or more business days after receiving the counter-notice.

Contact information for our DMCA Designated Agent. Any infringement notice or counter-designation must be sent in writing to our DMCA Designated Agent, below:

Enthusiast Enterprises
Attn: DMCA Designated Agent
401 County Road U
Wrightstown, WI 54180
Telephone: 1-888-468-1604 (notice cannot occur via telephone)
Email: support@enthusiastenterprises.com

User Content

Some of our Services allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). By posting User Content on our Services, you hereby grant us and our subsidiaries, affiliates, and service providers, and each of their and our respective licensees, successors, and assigns an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, worldwide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from us in connection with our exercise of its license rights in and to the User Content you have posted on this site. You acknowledge and agree that we are under no obligation of confidence to you and shall not be liable for any use or disclosure of any User Content. By posting the User Content, you represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to EE and our subsidiaries, affiliates, and service providers the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.

We have no obligation to monitor the Services or any portion thereof. However, we reserve the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. We have no obligation to display or post any User Content. We reserve the right to disclose, at any time and from time to time, any information, or User Content that we deem necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. You agree that we shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on the Services.

Community Code of Conduct

The Service may offer community features, such as internal messaging systems, bulletin boards, forums, or chat rooms. We do not monitor, filter, censor, edit or regulate information and content provided by third parties on this website, including information provided in community areas, although we reserve the right to do so in our sole discretion, with or without notice. EE does not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties. You agree that neither the EE nor its officers, directors, employees, agents, licensors, or licensees are responsible for any User Content and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties.

When participating in community areas of this website, you represent and warrant that you have the right and authorization to use any User Content you upload or post, and you hereby assign those rights to the Website in accordance with these Terms. In addition to complying with the restrictions our Acceptable Use Policy, you further represent and warrant that you will abide by the following rules:

  • You will not use the Services to further any illegal purpose, to violate the rights of any party, or to damage any person or property.
  • Except as we specifically authorize and in designated classified ads sections of our Services, you will not upload or otherwise post User Content with a commercial purpose, including, but not limited to, offers to sell products or services or attempts to solicit funds or to advertise products or services; or post or upload User Content that includes links to commercial services or websites.
  • You will not post or upload User Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, behavioral or viral marketing, or other spam or e-mail User Content to other users who have not indicated in writing that it is ok to contact them about other commercial services, advertisements, products or commercial interests; or
  • You will not post or upload User Content that impersonates any person or entity, including, but not limited to, a founder or partner, or falsely states or otherwise misrepresents your affiliation with a person or entity.
  • You will not post or upload User Content that includes personal or identifying information about another person without that person’s explicit consent.
  • You will not post or upload User Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch.”
  • You will not post or upload User Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
  • You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data.
  • You will not repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
  • You will not use any form of automated device or computer program that enables the submission of postings or User Content on the website without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. You will not use a posting agent to post User Content to the Services.
  • You will not pose any User Content, or otherwise use the Services in any way, that: (i) damages our reputation or good will; (ii) contains any message or connotation that would be harmful to EE or its business; or (iii) is indecent, offensive, tasteless, or otherwise inappropriate as determined by EE in its sole discretion.

We reserve the right to expand on these rules in any specific community area and to condition access to such areas on agreement with such rules, as well as to specified eligibility criteria. Without undertaking any obligation to do so, we reserves the right, in our sole discretion, to delete any postings or User Content that violate its code of conduct and/or these TOU, to deny access to its website or services to any person violating these rules, and to pursue appropriate legal action against violators. We will assist law-enforcement officials investigating illegal activity or violations of these Terms of Use.

Online Purchases

We may also offer e-commerce opportunities through our Services. We may offer different options for visitors to purchase products or services either through our Services or from a third party. EE does not guarantee that you will be satisfied with products or services purchased from us. Quantities of some items may be limited, and delivery may not be available in your area. All orders are subject to prior sale. Neither EE nor its vendors guarantee that all orders will be filled.

Payments and Fees

Purchases and other Services requiring payment generally require use of a valid credit card. EE and its business partners reserve the right, in their sole discretion, to establish other acceptable alternative payment methods for specific services or products. You are solely responsible for charges owed for all goods and services purchased through this site, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs.

EE may charge a fee to post content or for other features, products, services, or licenses. You are responsible for any fees applicable to content that you post or other features, products, services, or licenses you purchase or that are purchased through your account. You authorize EE, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where we remove paid posts or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, EE reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

Our Services may contain links to and from third-party sites, including but not limited to sites operated by advertisers, vendors, and/or promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each site to be sure you understand the terms, conditions, policies, and requirements of that site. EE does not endorse, and the inclusion of any link on this site does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and we have not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. We have no control over: (a) the quality, safety or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by, websites operated by third parties. EE does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers or other third parties that link to or from the Services. You acknowledge and agree that EE has not reviewed all of the links to or from this website, does not endorse such sites, is not responsible for such sites, and under no circumstances shall be liable for the contents, products, or services of any off-site pages or of any third-party sites linked to or from this website. Your linking to any other off-site pages or other sites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.

YOU AGREE THAT EE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS MADE AVAILABLE THROUGH OUR SERVICES, OR FOR ANY HARM RELATED THERETO OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSE BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Services may be governed by supplemental rules that will be made available to you upon registration. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

Privacy

It is our policy to respect the privacy of users of our Services. For more information, please view our Privacy Policy.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER EE NOR ANYONE ASSOCIATED WITH EE REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Services.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless EE, our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Content, any use of the Content or other User Content on the Services, features, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

You also agree to indemnify, defend, and hold EE and its subsidiaries, affiliates, officers, directors, employees, representatives, agents, licensors and licensees harmless from any loss, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your breach of these Terms of Use or the documents that it incorporates by reference, or your violation of any law or the rights of any third party in connection with your use of the Services.

Termination of Services

You are free to stop using our Services at any time. Without limiting any other remedy, EE reserves the right, in its sole discretion, to immediately issue a warning or to immediately, temporarily, or permanently suspend or terminate your participation in the site or any area of the site, and to refuse to provide our services to you if: (i) you breach these TOU or any of the rules or eligibility requirements of this site or the services offered at this site; (ii) if we are unable to verify or authenticate any billing information you provide to us; or (iii) or if we believe that your actions may cause damage, harm or legal liability to you, or to any vendor, business or promotional partner, advertiser, other user, the public, or us. We may also eliminate or terminate all or part of our Services entirely at any time in our sole discretion.

As part of using our Services, you acknowledge and agree that we have no liability or obligation to you in such event and that you will not be entitled to refund or compensation to the fullest extent permitted by law.

In some cases, we will try to provide you with reasonable advance notice of such termination through our Services or via the email address associated with your account. We will not provide notice before termination if you are in breach of these Terms, if doing so would cause us legal liability or compromise our ability to provide our Services, products, or services to other users, or if we are prohibited from doing so by law.

Dispute Resolution

Informal Dispute Resolution. If a dispute or disagreement arises between you EE, before filing a claim or arbitration, you and EE will try in good faith to reach an informal resolution. To start the dispute process, you must send an individualized Notice of Dispute to us at support@enthusiastenterprises.com that includes your name, phone number, email address and a description of the dispute or disagreement and how you’d like it resolved. If EE has a dispute or disagreement with you, we will send a Notice of Dispute with the same information to the email address we have on file for you; but, if we do not have a valid email address for you, we may proceed to formalized dispute resolution. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and EE must cooperate to schedule that meeting by phone or videoconference. You and EE must participate personally and may each bring counsel, but the conference must be individualized, even if the same attorney(s) or law firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the earlier of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

Judicial Form for Disputes and Other Claims. You and EE agree to submit to the exclusive jurisdiction of the State of Wisconsin, USA, subject to the mandatory, individual arbitration provisions and our separate agreements with respect to injunctive relief. Both you and EE consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts. In the event that EE wishes to pursue injunctive or other equitable relief as a result of a claim of infringement of our intellectual property rights, we may bring legal action against you in any federal or state court having jurisdiction.

Controlling Law. Any claim, Dispute, or other matter arising under or in connection with our Services, the TOU, or the Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, the Federal Arbitration Act, and applicable U.S. federal law, without giving effect to any choice or conflict of law provision or rule (whether of Wisconsin or any other jurisdiction), except to the extent local law is mandatory for consumers. Foreign laws do not apply.

Injunctive Relief. You acknowledge and agree that any violation or breach of the Terms may cause EE immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, we have the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available EE in law or in equity, EE may seek specific performance of any term in the TOU, including but not limited to preliminary or permanent injunction.

The foregoing provisions, under “Dispute Resolution,” will continue to apply even if you validly opt out of mandatory individual arbitration and class action waiver provision.

Mandatory Individual Arbitration and Class Action Waiver Provision

Arbitration is a form of private dispute resolution that replaces the right to go to court. By consenting to a mandatory individual arbitration and class action waiver provision, you agree that you will not file a lawsuit, have your Dispute heard by a judge or jury, represent a class, or join a class as a member. Without this provision, you might have had the right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). There is no judge or jury in arbitration, and court review of an arbitration award is limited. You have the right to opt out of this provision and we explain how you can do that below. If you opt out validly, you retain your right to litigate your Disputes in a court.

We both agree to arbitrate our claims. You and EE agree to resolve any claims relating to or arising from our Services, products, data, services, and content bought, sold, offered, scheduled, accessed, transmitted, or listed through the Services, including any part of our SMS Services, and these Terms and every other part of our Agreement (“Disputes”) through final, binding, and individual arbitration by a single arbitrator, unless you fall under one of the exceptions that are described below. This includes, but is not limited to, Disputes arising out of or relating to this mandatory individual arbitration provision and threshold questions of whether or not the Dispute can be arbitrated.

NO CLASS ACTIONS. You and EE agree that each of us may bring Disputes against the other only on an individual basis. We each may only seek or obtain individualized relief and, except as provided in the section below regarding “Batch Arbitration,” Disputes between us cannot be decided, arbitrated, or consolidated with those of any another person or entity. This means that you, and EE, are not allowed to bring or participate in class actions, collective actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions each other (and we each waive any right we have to bring such claims). If there is a final decision (after exhaustion of all appeals) that any part of this “NO CLASS ACTIONS” section is unenforceable as to a particular claim or request for relief, then that particular claim or request, only, may be severed from the arbitration and litigated in court, but only after the arbitrator issues an award on the arbitrable claims and remedies. The arbitrator does not have the power to modify this provision.

Arbitration Procedures. To initiate arbitration, either you or EE must first complete the Informal Dispute Process, wait until the Informal Dispute Resolution Period has end, and then must file an arbitration demand with the American Arbitration Association (“AAA”). You must serve EE with your arbitration demand to the following address by mail:

Enthusiast Enterprises, Inc.
Attn: Legal Department
401 County Road U
Wrightstown, WI 54180

If EE has a Dispute with you, we will send an arbitration demand to the email we have on file for you. If we do not have an email on file for you, we will make reasonable attempts to serve you with our demand for arbitration by other means.

The arbitration will be conducted in English by a single arbitrator. Unless otherwise agreed by the parties or ordered by the arbitrator, (1) if the amount in controversy for an individual claim is less than $25,000, there will be no telephonic or in-person only and the arbitration will be conducted as “documents-only”, even if the “Batch Arbitration” section, below, applies; and, (2) if the amount in controversy is $25,000 or more, the arbitration will be held by videoconference and there will be no in-person hearing. If, notwithstanding this provision, an in-person hearing is required, it will be held in the county where you live or, in the case of Batch Arbitration, in Brown County, Wisconsin.

The Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as modified by these Terms. But if you are using the Services as a business, and the claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, as modified by these Terms. The arbitrator shall impose governing law, including the statute of limitations and other time-based defenses, and offers of judgment/compromise. Counsel must comply with Federal Rule of Procedure 11(b) and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law.

All issues shall be for the arbitrator, except that a court has exclusive authority to decide issues related to the arbitrability of a Dispute, the enforceability of any part of the Sections of these Terms labeled “Dispute resolution” and “Mandatory individual arbitration and class action waiver provision”, including any party’s compliance with the Informal Dispute Resolution process.

Arbitration fees. Unless otherwise stated in these Terms, AAA rules and fee schedules will control the payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”).

Arbitration award. Except in a Batch Arbitration, described below, the arbitrator can award damages and other relief only in favor of the individual claimant, only to the extent necessary to provide relief warranted by the claimant’s individual claims, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. The arbitrator will not be bound by decisions in other arbitrations and the award is final and binding on you and EE, except for any right of appeal as provided by the FAA or applicable law. Judgment on the award may be entered in any court with jurisdiction for purposes of enforcement.

Batch arbitration. If twenty-five (25) or more claimants submit Notices of Dispute or file arbitrations raising similar claims within a 120-day period (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the Disputes must be arbitrated in batches of up to one hundred (100) claimants each (“Batch”). Upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-100 claimants), or (2) Batches of one hundred (100) claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than hundred (100) claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and (if the arbitration is not documents-only) one hearing per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration, and agree that the AAA Mass Arbitration Supplementary Rules shall apply, except as provided in this Section. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this “Batch Arbitration” section is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.

Exceptions to this provision. This mandatory individual arbitration agreement does not apply to: (1) qualifying claims brought in small-claims court or (2) a lawsuit for injunctive relief to stop unauthorized use of the Services or infringement on intellectual property rights.

You may opt out of this mandatory individual arbitration provision and class action waiver. If you are a new user of our Services, and you do not consent to the mandatory individual arbitration agreement, you can opt out within 30 days after the date on which you first access our Websites and accept these Terms. To opt out, you must timely send a written notification to support@enthusiastenterprises.com or timely mail your written notification to the address below. Your decision to opt out of this provision will have no adverse effect on your relationship with EE.

Your written notification must include your name, the email address associated with your account, and that you want to opt out of the mandatory, individual arbitration agreement. Any opt out request received after the deadline is not valid and you must pursue your Dispute in arbitration or small claims court.

General Provisions

Severability. If any provision of these TOU is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of these TOU. Headings are for convenience only and are not intended to in any way to confine, limit, construe or describe the scope or extent of such section.

No Waiver. No waiver by EE of any breach of these TOU by you shall constitute a waiver of this or any other provision of these TOU or alter or limit our right to act with respect to subsequent or similar breaches.

Entire Agreement. These Terms of Use and the materials incorporated by reference herein, form the entire understanding and agreement between you and EE with respect to your use of this site and the services offered hereunder, and may be modified only in accordance with the procedures specified herein.

No Agency. You acknowledge and agree that EE, in providing this site, is not acting for or on behalf of either you, or any vendor, business or promotional partner, or advertiser. You and our vendors, business or promotional partners and advertisers are independent contractors. No agency, fiduciary, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by these TOU between the Company and either you or any vendor, business or promotional partner or advertiser at this site.

Continuation. These Terms shall survive the termination of the Services and your relationship with EE, our subsidiaries, and affiliates.

Geographic Restrictions. The owner of the Services is based in the State of Wisconsin in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Comments and Concerns

The Services are operated by Enthusiast Enterprises, Inc., 401 County Road U Wrightstown, WI 54180. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@enthusiastenterprises.com.

Last Revision: March 25, 2026


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