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Terms of Service

TERMS OF USE

Last Updated: December 16th, 2025

Welcome to https://thechestnutclubsm.com (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and The Chestnut Club (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the “Services”).

1. Acceptance of this Agreement

Acceptance Through Using or Accessing the Services

Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

Eligibility Requirements

To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, Canada or the United Kingdom, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company. By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements.

Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

2. Access to the Services

Changes to Your Access and the Services

The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

Creating an Account

You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. All information that you provide will be governed by our Privacy Policy (https://thechestnutclubsm.com/privacy-policy). You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

Account Responsibilities

You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security.

Termination or Deletion of an Account

The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.

3. Policy for Using the Services

Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company.

Prohibited Activities

You further agree not to engage in any of the following prohibited activities in connection with using the Services:

  • No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
  • No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
  • No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
  • No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
  • Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
  • No Interference with Others’ Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
  • No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services.
  • No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means.
  • No Viruses or Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others.
  • No Unauthorized Access. Violate the security of the Services through any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services.
  • No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
  • No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent.
  • No Other Interference. Otherwise attempt to interfere with the proper working of the Services.

Geographic Restrictions

The Chestnut Club is based in Santa Monica, California. The Services are for use by persons located in the United States only. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws.

4. Purchasing Process

Any steps taken from choosing Services to order submission form part of the purchasing process. The purchasing process includes these steps:

  • By clicking on the checkout button, users open the third-party merchant checkout section, wherein they will have to specify their contact details and a payment method of their choice.
  • After providing all the required information, users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on the Website, hereby accepting these Terms and committing to pay the agreed-upon price.

Order Submission

When you submit an order, the following applies:

  • The submission of an order determines contract conclusion and therefore creates for you the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
  • In case the purchased Services requires active input from you, the order submission creates an obligation for you to cooperate accordingly.
  • Upon submission of the order, users will receive a receipt confirming that the order has been received.
  • All notifications related to the described purchasing process shall be sent to the email address provided by you for such purposes.

Prices

You are informed during the purchasing process and before order submission about any fees, taxes and costs (including, if any, delivery costs) that you will be charged.

Methods of Payment

Information related to accepted payment methods are made available during the purchasing process. All payments are independently processed through third-party services. Therefore, the Website does not collect any payment information such as credit card details, but only receives a notification once the payment has been successfully completed. If payment fails or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order.

Contract Duration – Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified herein. Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document.

5. Intellectual Property Rights

Ownership of Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.

License to Use the Services

During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.

Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

  • No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein.
  • No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
  • No Exploitation. You shall not license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.
  • No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
  • No Competition. You shall not access or use the Content in order to build a similar or competitive website, product, or service.

Trademark Notice

All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

6. User Content

User Generated Content

The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit content or materials (collectively, “User Content”) on or through the Services. You are solely responsible for your User Content. All User Content must comply with the Content Standards set forth below. Any User Content you post will be considered non-confidential and non-proprietary.

License

You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company’s business.

Content Standards

You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards. User Content must not:

  • Violate any applicable laws or regulations or any contractual or fiduciary obligations.
  • Promote any illegal activity or create any risk of harm, loss, or damage to any person or property.
  • Infringe any copyright, trademark, patent, trade secret, or other intellectual property rights of any other person.
  • Contain any information or material that is unlawful, defamatory, abusive, threatening, harassing, hateful, obscene, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person.

7. Copyright Infringement (DMCA Policy)

The Chestnut Club respects the intellectual property of others and expects users of the Services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to our designated copyright agent:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • A description of the copyrighted work that you allege has been infringed;
  • A description of the material that is claimed to be infringing and where the material is located;
  • Your contact information, including your address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Designated Copyright Agent:

NAME: The Chestnut Club

ADDRESS: 1348 14th St., Santa Monica, CA 90404

TELEPHONE: (310) 393-1348

EMAIL: marketing@happytoserveyou.com

8. Feedback to the Company

If you provide the Company with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that you provide as non-confidential and non-proprietary.

9. Assumption of Risk

The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk.

10. Privacy

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy (https://thechestnutclubsm.com/privacy-policy). You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.

11. Termination

The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. If you have registered for an account, you may terminate this Agreement at any time by contacting the Company at marketing@happytoserveyou.com and requesting termination.

12. No Warranty

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE CHESTNUT CLUB AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE CHESTNUT CLUB OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

14. Indemnification

You agree to indemnify, defend, and hold harmless The Chestnut Club and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, arising out of or relating to your breach of this Agreement or your use or misuse of the Services.

15. Disputes

Governing Law

All matters relating to this Agreement are governed by, and construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles.

Dispute Resolution

Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in the State of California, Los Angeles County. You hereby irrevocably submit to the jurisdiction of these courts.

At the Company’s sole discretion, it may require any dispute, claim, or controversy arising out of or relating to this Agreement to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the American Arbitration Association in Los Angeles, CA. The decision of the arbitrator shall be final and binding on the parties. All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacity and hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

16. Miscellaneous

Waiver

No failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof.

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement.

Entire Agreement

This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein.

Assignment

You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. The Company may freely assign or delegate its rights and obligations under this Agreement at any time.

17. SMS / Text Messaging

Business Identity

The Chestnut Club sends SMS messages to customers who have double opted into forms on our website (https://thechestnutclubsm.com). Campaigns are in the format of monthly marketing communications, appointment confirmation reminders, and follow-up messages from The Chestnut Club.

Opt-Out & Support Mechanisms

You can cancel the SMS service at any time. Text “STOP” to unsubscribe. After we receive your “STOP” message, we will send a confirmation that you have been unsubscribed. You will no longer receive SMS messages from us unless you sign up again. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or contact us directly at marketing@happytoserveyou.com.

Carrier Liability

Carriers are not liable for delayed or undelivered messages.

Message Frequency

Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider. For privacy-related inquiries, please refer to our Privacy Policy: https://thechestnutclubsm.com/privacy-policy.

18. Contact Information

All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 7. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:

The Chestnut Club

1348 14th St., Santa Monica, CA 90404

Phone: (310) 393-1348

Email: marketing@happytoserveyou.com

Website: https://thechestnutclubsm.com

COPYRIGHT © 2026 THE CHESTNUT CLUB – ALL RIGHTS RESERVED