Terms of Use

Welcome to the Type S Night Lights App. These Terms of Use (“Terms”) are a binding agreement between you and ADC Solutions USA, LLC d/b/a Horizon Brands (“Horizon Brands,” “we,” “us,” or “our”), the owner and operator of the Type S Night Lights App (the “App”) and the Type S Night Lights website and event registration pages (collectively with the App, the “Services”). By creating an account, purchasing a ticket, registering a show car or vehicle through the Services or through a website-based registration form, or otherwise accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

Your use of the Services is also governed by our Privacy Notice, which is incorporated by reference into these Terms. Please review our Privacy Notice to understand our data collection and use practices.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER NOTICE. These Terms contain a binding arbitration provision and class action waiver. Except as described below, disputes between you and us will be resolved by individual binding arbitration. You waive your right to participate in a class action lawsuit or class-wide arbitration. See Section 10 for details.

Assumption of Risk, Release, and Photo/Media Consent. Your attendance at, or participation in, a Type S Night Lights event is also subject to our Assumption of Risk, Release of Liability, and Photo/Media Consent (the “Release”), which is incorporated into these Terms by reference and applies to all attendees, including general admission attendees and show car participants. Please review the Release before attending an event.

1. ELIGIBILITY.

Age requirements. Children under 13 may not create an account. If your date of birth indicates you are under 13, account creation will be blocked. Children under 13 may attend events as a guest on a parent or guardian's ticket without requiring their own account. Users between the ages of 13 and 15 must obtain guardian approval before their account is activated; the Services will route you through this process automatically. Users between the ages of 16 and 17 may register directly but must have a parent or guardian accept the event waiver and media release before purchasing a ticket or registering a show car. By using the Services, you represent that you meet the applicable age requirements or that a parent or legal guardian has completed the required consent process on your behalf.

Account eligibility. You represent that all information you provide during registration is accurate, current, and complete. We reserve the right to suspend or terminate accounts where eligibility requirements are not met.

Website vehicle registration. For certain events, you may register a vehicle for display through a web-based registration form instead of through the Services. Website vehicle registration is available only to individuals 18 years of age or older; by submitting the form, you represent that you are at least 18. The representations, warranties, and conditions in Section 4 (Show Car Registration and Voting) below apply equally to vehicles registered through this web form.

2. ACCOUNTS.

You are responsible for keeping your login credentials secure and for all activity under your account. Notify us right away if you suspect unauthorized access. We reserve the right to disable any account, username, or password at any time in our sole discretion, including if we believe you have violated any provision of these Terms.

3. TICKETS AND PURCHASES.

General admission tickets, show car entries, and other paid items are sold subject to the pricing, capacity, and refund terms shown at checkout.

Refund policy. For paid-admission events, you may request a full refund up to 24 hours before the event start time. Refund requests made less than 24 hours before the event start time will not be honored except where an event is cancelled or rescheduled by us. For free events, no payment is collected and no refund policy applies. Refunds are processed to the original payment method and may take several business days to appear. Refunds apply to the ticket price only; service fees are non-refundable.

Free events. Some events may be offered at no charge. For free events, the payment step is skipped but account creation and QR-based check-in are still required for entry.

Service fees. A service fee will be displayed at checkout and is included in the total amount charged. Service fees are non-refundable.

Third-party ticketing. For certain events, general admission tickets are sold and administered through a third-party ticketing platform designated for that event (for example, Formula Drift). Your purchase of a general admission ticket through that platform is subject to that platform’s own terms of service and privacy practices, which govern the transaction. Horizon Brands does not collect, receive, or process personal information through that third-party ticketing platform.

4. SHOW CAR REGISTRATION AND VOTING.

Show car registration. If you register a vehicle for display, you represent and warrant that: (a) you own the vehicle or have the owner’s permission to enter it; (b) the vehicle and modification information you submit is accurate; (c) you hold current automobile liability insurance covering the vehicle and will self-certify this at registration; and (d) you have the right to grant us the licenses described in these Terms with respect to photos and content you upload.

Public car page. By registering a show car, you acknowledge and agree that your vehicle profile, photos, build name, modification details, and owner handle will be published on a publicly accessible car page viewable by anyone who scans your vehicle’s QR code or accesses the Services’s Explore feature. You are solely responsible for the content of your car profile. Do not include sensitive personal information in any free-text fields.

Modification data and advertising. You acknowledge that the parts and brand data you list in your modification profile may be used to serve targeted advertisements on your public car page from brands whose products appear in your build. See our Privacy Notice for details.

Liability waiver. Show car participants must accept the Assumption of Risk and Release and Photo and Media Release at checkout or registration, whether through the Services or a web-based registration form, as a condition of registration. Entry is not confirmed until these are accepted.

Vehicle conduct. Your vehicle must remain parked in your assigned zone for the duration of the event. You may drive your vehicle onto the show floor for setup during your designated load-in window. Vehicles may not be operated during the event except as directed by staff. We may remove any vehicle that creates a safety risk or that does not comply with these Terms or staff instructions, without refund.

Approval and placement. All show car registrations are subject to review and approval by our team. We reserve the right to decline any entry at our sole discretion. Placement zone and load-in slot assignments are made by our team and are final.

Voting. Voting is limited to one vote per verified account, per event, per award category. Votes may be cast on-site or remotely. We reserve the right to void votes or disqualify entries we determine were obtained through fraudulent means, including through the use of VPNs, automated tools, or coordinated manipulation.

5. CODE OF CONDUCT.

At events, you agree to follow venue rules, staff instructions, and posted safety guidance. We may remove any attendee or vehicle that creates a safety risk or disrupts the event, without a refund.

You agree not to upload, post, or transmit content that is defamatory, obscene, harassing, hateful, threatening, or otherwise objectionable. We reserve the right to remove any content and terminate any account that violates these standards, without notice and without refund.

You agree not to enter sensitive personal information, including health or medical information, government identification numbers, or financial account details, into any free-text field in the Services, including vehicle description, build narrative, or comment fields. These fields are not designed to receive sensitive information and are not monitored for safety or security purposes. For emergencies, call 911 or contact your local emergency services.

The Services and its comment and free-text features are not monitored for safety, welfare, or misconduct reporting and are not designed or intended for reporting abuse, self-harm, or urgent issues. For emergencies, call 911. The existence of free-text or comment fields does not imply review or monitoring by us or any third party.

6. INTELLECTUAL PROPERTY AND USER CONTENT.

The Services, its content, and the Night Lights and Type S Night Lights names and logos are owned by us or our licensors. You may not copy, modify, or redistribute them without permission.

By uploading photos, vehicle information, or other content to the Services (“User Content”), you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute your User Content for the purposes of operating the Services, including displaying your car page publicly and using event photos for promotional purposes. You represent and warrant that you own or have the right to grant this license, and that your User Content does not infringe the rights of any third party.

DMCA / Copyright Complaints.
We respect the intellectual property rights of others and expect users of the Services to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we will respond to notices of alleged copyright infringement that comply with the DMCA and are properly submitted to our Designated Agent, identified below.

Designated Agent. Notices of claimed copyright infringement relating to the Services should be sent to our Designated Agent at: Winnie Ip, ADC Solutions USA, LLC d/b/a Horizon Brands, 2975 Redhill Ave, Suite #100, Costa Mesa, CA 92626, (909) 752-3074, winnieip@horizon-brands.com.

Notice of Claimed Infringement. If you believe that your copyrighted work has been copied and is accessible on the Services in a way that constitutes copyright infringement, please provide our Designated Agent with a written notice containing: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it on the Services; (d) your contact information, including address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Counter-Notice. If you believe that material you posted was removed or disabled by mistake or misidentification, you may send a counter-notice to our Designated Agent containing: (a) your physical or electronic signature; (b) identification of the material that has been removed or disabled and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in the district where you are located (or, if outside the United States, in Los Angeles County, California) and that you will accept service of process from the person who provided the original infringement notice.

Repeat Infringers. We reserve the right to remove content and to suspend or terminate the accounts of users who are determined to be repeat infringers, in our sole discretion.

7. ELECTRONIC COMMUNICATIONS.

By creating an account and using the Services, you consent to receiving electronic communications from us, including transactional notices, ticket confirmations, and, if you have opted in, marketing communications by email and SMS. You agree that electronic communications from us satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions in any marketing email or by replying STOP to any marketing SMS.

8. APP STORES.

You acknowledge that the availability of the App depends on the third-party app store from which you downloaded it (Apple App Store or Google Play, each an “App Store”). These Terms are between you and us, not with the App Store. However, if you downloaded the App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple shall have the right to enforce these Terms against you as a third-party beneficiary. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which you are “the end-user.” In the event of a conflict between that agreement and these Terms, these Terms control.

9. GOVERNING LAW; VENUE.

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Except as provided in the arbitration section below, any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and you consent to personal jurisdiction in those courts.

10. DISPUTE RESOLUTION; MANDATORY ARBITRATION.

Arbitration. Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the Contact section of these Terms.

In the event that we are not able to resolve a dispute, and with the exception of claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Services, its features, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. Claims also include, except as otherwise provided herein, disputes related to the coverage, applicability, arbitrability, enforceability, formation, scope, or validity of these Terms, including this Arbitration provision, all of which shall be subject to the sole power of the arbitrator as described herein. Notwithstanding anything else herein, the enforceability of the Class Action Waiver shall be determined by a court. In addition, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the State of California; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state, or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar Claims (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply. You agree to this process even though resolution of your Claim may be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Claims, streamline procedures, address the exchange of information, modify the number of Claims to be adjudicated, and conserve the parties’ and the AAA’s resources. If your Claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Claim from the time that your Claim is first submitted to the AAA until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

Stage One: In Stage One, if at least fifty (50) Claims are submitted as part of the Mass Arbitration, claimants’ counsel and Horizon Brands will each select an equal number of Claims to be filed in arbitration and resolved individually by different arbitrators. For example, claimant and Horizon Brands will each select 25 Claims (50 Claims total). The number of Claims to be selected to proceed in Stage One can be modified by agreement of counsel for the parties provided that, if there are fewer than 50 Claims, all shall proceed individually in Stage One. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the first stage. After this initial set of proceedings, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

Stage Two: If the parties cannot agree how to resolve the remaining Claims (if any) after mediation, claimants’ counsel and Horizon Brands will each select an equal number of Claims per side — not to exceed 50 Claims total — to be filed and to proceed as cases in individual arbitrations as part of Stage Two. The number of Claims to be selected to proceed as part of Stage Two can be modified by agreement of counsel for the parties provided that if there are fewer than 50 Claims remaining, all shall proceed individually in Stage Two. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the second stage. After Stage Two is completed, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

Upon the completion of the mediation in Stage Two, each remaining Claim (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Claims in individual arbitrations consistent with the process set forth in Stage Two (except Claims shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process.

A court of competent jurisdiction shall have the authority to enforce the Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Procedures for Mass Arbitration and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Procedures for Mass Arbitration apply to your Claim and are not enforceable, then your Claim shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Services and any other actions with us.

Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any class or representative proceeding.

Opt-out. You may reject this arbitration provision within 30 days of first accepting these Terms by emailing us at connect@typesauto.com with the subject line “Rejection of Arbitration Provision.”

11. DISCLAIMERS AND LIMITATION OF LIABILITY.

Disclaimer of Warranties. THE SERVICES, EVENTS, AND ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HORIZON BRANDS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, HORIZON BRANDS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ATTENDANCE AT A NIGHT LIGHTS EVENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS ($50).

Indemnification. You agree to indemnify, defend, and hold harmless Horizon Brands and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services or attendance at an event; (b) your User Content; (c) your breach of these Terms; or (d) your violation of any applicable law or the rights of any third party.

12. GENERAL PROVISIONS.

Entire agreement. These Terms constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

Assignment. You may not assign your rights under these Terms without our prior written consent. We may freely assign our rights and obligations.

No waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.

Injunctive relief. You acknowledge that a breach of these Terms may cause us irreparable harm for which monetary damages would be inadequate, and that we are entitled to seek injunctive relief without posting bond.

13. CHANGES TO THESE TERMS.

We may update these Terms from time to time. Continued use of the Services after changes take effect means you accept the updated Terms.

14. CONTACT.

Questions about these Terms may be directed to:

ADC Solutions USA, LLC d/b/a Horizon Brands
2975 Redhill Ave, Suite #100
Costa Mesa, CA 92626
connect@typesauto.com