Terms of Use

 

Welcome to RAAD provided by RAAD ELECTRIC CATFISH LLC.  We provide a smartphone

application service to our members the ability to purchase skips (RAAD skip passes) to the front of the line ar clubs, bars, restaurants, and other venues as well as sporting and music events, conventions and special events. We've put together here some detailed terms and conditions. You should read and understand them, as they govern your use of our service.

 

CONTRACTUAL RELATIONSHIP

These Terms of Use ("Terms") govern the access or use by you, an individual, from within the United States and its territories and possessions of applications, websites, content, products, and services (the "Services") made available in the United States and its territories and possessions by RAAD ELECTRIC CATFISH LLC and its subsidiaries and affiliates (collectively, "RAAD"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words "including" and "include" mean "including, but not limited to."

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and RAAD. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. RAAD may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on RAADCITY.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

RAAD may amend the Terms related to the Services from time to time. Amendments will be effective upon RAAD's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in RAAD's Privacy Policy located at WWW.RAADCITY.COM/terms-and-agreements/

These Terms of Use, with our Privacy Policy, are also a resource for you to get a deeper

 

understanding of how our service works, including the kinds of data we collect, the way we bill,

 

how we interact with you and other useful details about our service. We encourage you to revisit

 

these Terms of Use when you have a question about the service or want to know how something

 

works. We may also modify these Terms of Use from time to time as we deem appropriate, so you

 

should check back in frequently to confirm the terms upon which you may use our service. We

 

hope you enjoy your RAAD experience.

 

The terms "RAAD", "we", "us" "our" and similar terms refer to RAAD ELECTRIC CATFISH LLC

 

Acceptance of Terms of Use

 

These Terms of Use (or "Terms"), which include our Privacy Policy, End User License (found

 

below), and the arbitration provisions (found below), are a binding legal agreement and govern

 

your use of the RAAD App service, including all features and functionalities, applications, updates,

 

notifications, our website and user interfaces, and all content and software associated therewith

 

("RAAD" or "service"). By downloading, using, visiting, or browsing the RAAD app, you accept and

 

agree to be bound by these Terms of Use as amended from time to time. If you do not agree to

 

these Terms of Use, you are not authorized to download or use, and you should not use, the RAAD

 

service.

 

In using our App, you may view content provided by other Users or third parties, including links to

 

web pages of such parties ("Third-Party Content"). We do not control, endorse or adopt any Third-

 

Party Content and shall have no responsibility for Third-Party Content, including without

 

limitation material that may be misleading, incomplete, erroneous, offensive, indecent or

 

otherwise objectionable. In addition, your business dealings or correspondence with such third

 

parties are solely between you and the third parties. We are not responsible or liable for any loss

 

or damage of any sort incurred as the result of any such dealings, and you understand that your

 

use of Third-Party Content, and your interactions with third parties, is at your own risk.

 

By downloading and/or using RAAD App service, you warrant that you are of legal age and

 

competent to enter into a binding contract. You understand and agree that certain events and

 

venues may impose additional age and dress code requirements (e.g., over 21 only) and you

 

understand and agree that you must comply with such requirements in order to enter such event

 

or venue, regardless of whether you have used our service or purchased RAAD skip passes for the event or

 

venue.

 

RAAD reserves the right, from time to time, with or without notice to you, to change these Terms

 

of Use, including the Privacy Policy, in our sole and absolute discretion. The most current version

 

of these Terms of Use can be reviewed by visiting our website and clicking on "Terms of Use"

 

located at the bottom of the pages of the RAAD website or as available through the RAAD app. The

 

most current version of the Terms of Use will supersede all previous versions. Your use of the

 

service, selling or purchasing of a RAAD SKIP PASSES after we have posted any revision of these Terms of Use

 

will be deemed your acceptance of the then current version of these Terms.

 

Services

 

RAAD is a smartphone application service providing members with the ability to offer or purchase

 

immediate access ("Skip or RAAD skip passes") to clubs, bars, restaurants and other venues ("Venues") as well as

 

sporting and music events, conventions and special events ("Events") through our agreements

 

with venue owners, promoters, vendors, merchants and other third parties (collectively,

 

"Promoters").

 

Use of the Service

 

Your use of the service and purchase of RAAD skip passes shall be solely for your own personal,

 

noncommercial and entertainment use. You may not resell RAAD skip passes. You shall provide accurate,

 

truthful and complete information in the registration process. You are fully responsible for all use

 

of the service under your account or password. You agree to notify us immediately of any

 

unauthorized use of your account or password or any other breach of the service under your

 

account.

 

You agree that you will not use the Service or buy or sell any RAAD skip passes in any manner that:

 

1 Violates any applicable law, rule or regulation;

 

2 Constitutes or encourages conduct that would constitute a criminal offense or give rise to civil

 

liability

 

3 Implies that you are affiliated with, sponsored by or endorsed by us;

 

4 Impersonates any person or entity (actual or fictitious);

 

5 May be seen as bullying, abuse, harassment, stalking, or otherwise threatening or intimidating

 

any person or entity; or

 

6 May impose or subject RAAD or any of our users, Promoters or Venues to liability of any nature

 

or in any manner.

 

You acknowledge and agree that purchase of RAAD skip passes may have limitations on the purchase or use

 

of RAAD, including as set by the Promoter through RAAD. You agree to comply with any such

 

limitations and that RAAD or a Promoter may change any such limitations or include new

 

conditions in its sole discretion.

 

In order to access the main features within the App, you will need to register for an account. You

 

agree to: (a) not use a password that you use for any other website or online service; (b) provide

 

accurate and truthful information when creating an account; (c) maintain and promptly update

 

your account information; (d) maintain the security of your account by protecting your password

 

and restricting access to your account and your mobile device; (e) promptly notify us if you

 

discover or otherwise suspect any security breaches related to your account; and (f) take

 

responsibility for all activities that occur under your account and accept all risks of any authorized

 

or unauthorized access.

 

Our App provides a venue for registered users ("Users") to interact with each other directly in

 

order to create and participate in events, programs and other collaborative activities (each, a

 

"RAAD"). Users who create a RAAD will set the terms and conditions for participating in such

 

RAAD ("RAAD Terms"). The RAAD Terms will be binding upon any User who agrees to join or

 

otherwise participate in such RAAD.

 

You agree that:

 

(a) RAAD is not a party to and has no responsibility or liability with respect to any

 

communications, transactions, interactions, disputes or any relations whatsoever, whether online

 

or offline, between you and any other User;

 

(b) RAAD has no control over and has no responsibility or liability with respect to any RAAD that

 

is displayed or distributed by RAAD via our App system;

 

(c) RAAD does not investigate or verify the reputation, conduct, morality or criminal background

 

of any User; and

 

(d) You will use the App in a manner consistent with any and all applicable local, state, national

 

and international laws and regulations.

 

We reserve the right, but have no obligation, to monitor interactions between you and other

 

Users. We encourage you to take precautions when interacting with other Users, particularly if

 

you are meeting a stranger in person for the first time.

 

Privacy

 

Any personally identifying information submitted through the RAAD service is subject to our

 

Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to

 

understand our practices. The date of any changes to our Privacy Policy will be noted at the

 

bottom of the policy. We may use your personal information as described in the Privacy Policy.

 

Additionally, we may send you newsletters about new RAAD features, special offers, promotional

 

announcements and customer surveys via email or other methods. If you no longer want to

 

receive the newsletters, other promotional announcements or non-transactional communications,

 

you will have the opportunity to opt-out or unsubscribe from future communications by

 

contacting us or following the instructions included in our email communications or on our

 

website.

 

By using the RAAD service, you consent to receiving electronic communications from RAAD. These

 

communications may include notices about your account (e.g., change in password or Payment

 

Method, confirmation e-mails and other transactional information), purchased Jumps (such as

 

update on time or location or cancellations) and information concerning or related to our service.

 

You acknowledge these communications are a necessary part of the service and you agree to

 

receive them as part of the RAAD service/membership.

 

If you opt to download the RAAD App on your smartphone, we may collect certain location

 

information from your mobile device or your mobile carrier. This information may reveal your

 

actual location, such as GPS data. We may use your location data to provide information to you

 

regarding Venues or Events that may be nearby or otherwise of interest to you. We may also use

 

your location or use of a RAAD to send you notifications or text messages that may be of interest

 

to you, including promotions and coupons for use with a Venue or Event.

 

Participating in a RAAD

 

There is currently no charge to download the RAAD. However, we reserve the right to establish

 

membership or download fees at any time. In the event that we establish such fees, you may be

 

required to pay such fees in order to continue to use the service or purchase RAAD SKIP PASSES.

 

Prices for each RAAD for a Venue or Event are posted on the service or may be requested through

 

the service. You expressly agree that the reservation, pricing and other information you are

 

viewing via the service may be dynamic and subject to change, including by the Promoter of the

 

Venue or Event by any electronic means including the RAAD App. If you purchase a RAAD, you

 

hereby authorize us to charge you the fee in effect at the time of purchase and any related charges

 

to the payment method you provided during registration (or to a different payment method if you

 

change your account information).

 

You agree that you are responsible for reading the full description of any RAAD, including any

 

RAAD Terms, before committing to participate in a RAAD. We allow you to store payment method

 

information with us, or our designated payment processor, via the App to expedite your ability to

 

make a payment.

 

Any taxes collected by RAAD, if applicable, will be in addition to the Fees. Changes to the Price

 

Schedule are effective immediately upon posting of the revised Price Schedule to RAAD, and will

 

apply prospectively to any transactions that take place following the effective date of such revised Price Schedule.

 

RAAD ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR

 

INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE WITHIN THE APP. YOU ASSUME ALL

 

RISKS ASSOCIATED WITH USING THE APP, INCLUDING, WITHOUT LIMITATION, ANY

 

INTERACTIONS WITH OTHER USERS AND ANY TRANSACTIONS YOU COMPLETE VIA THE APP.

  PAYMENT

You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider ("Charges"). Before you have received services obtained through your use of the Service, RAAD will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by RAAD. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services. RAAD will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated by RAAD using the preferred payment method designated in your Account, after which RAAD will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that RAAD may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and RAAD, RAAD reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in RAAD's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. RAAD will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. RAAD may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

 

 

Payment of Fees

 

Only valid credit cards or other payment methods acceptable to us may be used to pay Fees

 

("Payment Method"). In order to pay any Fees, we allow you to store Payment Method information

 

via RAAD or through our designated payment processor. You represent and warrant that you are

 

authorized to use such designated Payment Method and authorize us, or our designated payment

 

processor, to charge or debit such Payment Method for any applicable Fees. If the Payment

 

Method cannot be verified, is invalid or is otherwise not acceptable to us, or our designated

 

payment processor, your ability to accept payments from Users via RAAD may be suspended

 

immediately. You must resolve any problem RAAD, or our designated payment processor,

 

encounters to continue accepting payments from Users. In addition, by accepting payments from

 

Users via RAAD, you authorize us, or our designated payment processor, to charge applicable Fees

 

to your designated Payment Method and to process and store your Payment Method information

 

and any other related personal information. You agree that RAAD may use all legal means

 

available to collect Fees should our attempts to charge or debit your Payment Method fail for any

 

reason, and that you are responsible for all related collection costs including any collection agency

 

and legal fees.

 

User Content

 

Some features of the App contain interactive areas or features where you can create, post,

 

transmit or store content, including but not limited to text and other items or materials

 

(collectively, "User Content"). You agree that you are solely responsible for any User Content you

 

submit and that you will not post, upload to, transmit, distribute, store, create or otherwise

 

publish through the App any of the following:

 

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,

 

suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory,

 

fraudulent or otherwise objectionable;

 

• User Content that would constitute, encourage or provide instructions for a criminal offense,

 

violate the rights of any party, or that would otherwise create liability or violate any local, state,

 

national or international law;

 

• User Content that may infringe any patent, trade RAAD, trade secret, copyright or other

 

intellectual or proprietary right of any party;

 

• User Content that impersonates any person or entity or otherwise misrepresents your affiliation

 

with a person or entity;

 

• User Content that contains advertising or solicitations for political campaigns;

 

• User Content that contains viruses, corrupted data or other harmful, disruptive or destructive

 

files; or

 

• User Content that, in the sole judgment of RAAD, is objectionable or which restricts or inhibits

 

any other person from using or enjoying the App, or which may expose RAAD or our Users to any

 

harm or liability of any type.

 

RAAD has no obligation to screen, edit or monitor User Content, but we reserve the right and have

 

absolute discretion to remove, screen or edit any User Content posted or stored through the App

 

at any time and for any reason.

 

Except as otherwise provided herein, within the App or in a separate agreement, we do not claim

 

any ownership rights in or to User Content. By submitting User Content through the App,

 

however, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable

 

right to use, modify, delete from, add to, create derivative works of, publicly perform, publicly

 

display, reproduce and distribute such User Content on or in connection with the App.

 

By submitting User Content to the App, you represent and warrant that (a) you own and control

 

all right, title and interest in and to the User Content or otherwise have all the necessary rights to

 

grant the license set forth above and to post an use such User Content to the App, and (b) the User

 

Content is accurate and not misleading or harmful in any manner.

 

Billing

 

You must have Internet access and a current valid credit card or debit card, or other accepted

 

payment method ("Payment Method") to use our service. You agree that all information you

 

provide with respect to such Payment Method will be accurate and complete and that you will

 

keep all such information current. You agree to pay all charges incurred by you at the price in

 

effect when such charges are incurred. You further authorize us to debit your Payment Method for

 

all such charges as incurred. We reserve the right to modify, terminate or otherwise amend our

 

accepted Payment Methods or pricing plans. You remain responsible for any uncollected amounts.

 

In the event that any amounts are unpaid by you, including as a result of your Payment Method to

 

reject payment, we reserve the right to cancel any RAAD for which the fees have not been paid in

 

full or suspend further use of the service or purchases by you.

 

Accepting Payments

 

In order to accept payments from Users in connection with RAAD that you have created, you

 

must set up a payment account with a third party payment processor approved by RAAD and

 

agree to abide by such third party's terms and conditions. You agree that RAAD does not charge

 

and is not responsible for any payment processing fees charged by any third party payment

 

processor. In connection with any RAAD that you create, including your receipt of payments from

 

Users in connection with such Jumps, you acknowledge and agree that you will comply with any

 

applicable rules of any payment network or association, including, without limitation, the

 

Payment Card Industry Data Security Standard.

 

Taxes

 

You are responsible for, and RAAD may charge and collect from you, all taxes and governmental

 

charges incurred or arising from your purchase of any RAAD services, including, but not limited

 

to, any applicable amusement, sales or use taxes.

 

Usage Charges

 

You are solely responsible for any internet and wireless access required to use the RAAD services,

 

and for the cost of all carrier and data access charges imposed by your wireless and/or internet

 

provider. Intellectual Property

 

Ownership

 

The RAAD service, including all content, graphics, audio, video, pictures, trademarks, service

 

marks, logos and other material on the Service, and its underlying software including the client

 

application (the "RAAD app"), algorithms, databases, look and feel and arrangement, are the

 

intellectual property of RAAD, subject to copyright and other intellectual property protections.

 

The RAAD mark and RAAD logo are the trademarks of RAAD. All trademarks, service marks and

 

branding elements of the Venues or Events remain the property of the Promoter or other third

 

party owner.

 

License

 

By downloading your RAAD app, we grant you and you accept a non-exclusive, non-transferable,

 

revocable license to use the app solely for your personal, non-commercial use and in accordance

 

with these Terms of Use.

 

Restrictions

 

You may not use any information provided on or through the service for any commercial purpose.

 

You may not use any page-scraper, spider, robot or other automatic device or methodology to

 

access, acquire, copy or monitor any content provided on or through the service, including Event,

 

Venue and pricing information. You may not copy, republish, mirror, transmit, perform, sell or

 

distribute any part of the service for any commercial or other purpose or other than as expressly

 

permitted herein. You may not alter, modify or create derivative works of the service and shall not

 

access or attempt to access, reverse engineer, decompile or otherwise discover the source code of

 

the RAAD app or any of the software underlying the service. You shall not use counterfeit, altered,

 

stolen or otherwise fraudulent documentation to gain access to or services from RAAD, and/or

 

any Event, Venue, or Promoter, including any fraudulent Jump.

 

Maintenance of the Service

 

We reserve the right to issue upgraded versions of the service and RAAD app at any time in our

 

discretion. We may automatically upgrade the version on your mobile device. You consent to such

 

automatic upgrades.

 

Termination

 

We may at any time cease to continue operating part or all or selectively disable certain aspects of

 

the service or RAAD app. We may also remove any Venue or Event from the service. We have no

 

obligation to provide upgrades, updates, support or maintenance for the app. We may also

 

establish additional rules, limits or policies regarding the service, the RAAD app or the selling or

 

purchase of Jumps and you agree that your compliance with such rules, limits or policies shall be a

 

condition of your continued use of the service. We may, in our sole discretion and without liability

 

to you, with or without prior notice and at any time, modify or discontinue, temporarily or

 

permanently, any portion of the App. We may terminate your use of the app or service or refuse to

 

sell any RAADto you for any reason in our sole discretion and with or without prior notice to you.

 

We may, in our discretion and without liability to you, with or without cause (such cause may

 

include your breach of any of these Terms), with or without prior notice and at any time: (a)

 

suspend or terminate your access to all or a portion of the App features, and (b) deactivate or

 

delete your account and all related information and files in such account.

 

You may delete your RAAD Smartphone app or at any time. WE DO NOT PROVIDE REFUNDS OR

 

CREDITS FOR ANY SERVICES NOT REDEEMED PRIOR TO DELETION. To delete the app, visit your

 

smartphone website and follow the instructions for deleting an application.

 

WARRANTY DISCLAIMER

 

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE APP IS

 

PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU

 

WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,

 

WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

 

PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE APP, INCLUDING THE

 

INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

 

WE DO NOT REPRESENT OR WARRANT THAT THE APP OR OUR SERVERS ARE FREE OF VIRUSES

 

OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED

 

SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

 

FINALLY, YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSMIT THROUGH THE

 

APP MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE

 

DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY

 

THIRD PARTY PROVIDERS, INTERNET OUTAGES, ACTS OF GOD OR OTHER DISASTERS,

 

SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR

 

OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING

 

DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSMIT THROUGH THE APP.

 

RAAD is not responsible for typographical errors. RAAD reserves the right to cancel any

 

RAADpurchased if there was a typographical error concerning the pricing or availability in

 

relation to capacity restrictions imposed by the Promoter or if the Promoter cancels or otherwise

 

limits or removes a Venue or Event.

 

You expressly acknowledge and agree that RAAD provides only the RAADas described herein and

 

on the services. Sale or promotion of a RAADfor any Venue or Event does not, and shall not be

 

deemed to, constitute a sponsorship, endorsement or guarantee of any Event or Venue.

 

Descriptions of the Venues and Events are created by Promoters or other third parties and we do

 

not undertake to confirm or monitor any such descriptions. You agree that RAAD shall have no

 

liability for any Event or Venue and that in the event of any dispute you may have regarding an

 

Event or Venue, such dispute is between you and the Promoter. No refund is available other than

 

as set forth in our Refund Policy.

 

Because the App provides a venue for Users to interact directly with each other, in the event that

 

you have a dispute with one or more other Users, you release us (and our officers, directors,

 

members, employees, agents and affiliates) from claims, demands and damages (actual and

 

consequential) of every kind and nature, known and unknown, suspected and unsuspected,

 

disclosed and undisclosed, arising out of or in any way connected with such disputes or any

 

interactions you may have with other Users. If you are a California resident, you waive California

 

Civil Code • 1542, which states: "A general release does not extend to claims which the creditor

 

does not know or suspect to exist in his favor at the time of executing the release, which if known

 

by him must have materially affected his settlement with the debtor."

 

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so

 

some or all of the disclaimers in this section may not apply to you.

 

LIMITATION ON LIABILITY

 

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH YOUR

 

PURCHASE AND/OR USE OF ANY RAAD SERVICE EXCEED THE LESSER OF (I) $500 AND (II) THE

 

TOTAL AMOUNT THAT YOU PAID TO US FOR THE APPLICABLE RAAD SERVICE, WHETHER SUCH

 

LIABILITY IS BASED IN CONTRACT, TORT OR OTHERWISE.

 

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL,

 

AND/OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY AMOUNTS THAT YOU

 

MAY HAVE PAID FOR ENTRY, OR OTHERWISE PAID TO A PROMOTER. Any claim or cause of

 

action by you must be brought within one (1) year following your purchase of the applicable

 

RAAD service or RAAD to be valid.

 

Indemnification

 

You hereby agree to indemnify, defend and hold RAAD and its affiliates and each of their owners,

 

directors, officers, employees, independent contractors, subcontractors, agents and representative

 

("RAAD Indemnified Parties") harmless from any claim, cause of action, proceeding, liability,

 

taxes, damages, loss, attorney fees, cost and expenses arising from or related to (i) your breach of

 

these Terms of Use and/or (ii) your use of any RAAD or actions or omissions at any Event or Venue

 

or any dispute with a Promoter.

 

Third Party Websites

 

From time to time, we may provide information regarding or links to other websites, resources or

 

products, including Events and Venues ("Third Party Sites and Products"). Such information or

 

link is provided only for your convenience. RAAD does not qualify, endorse, investigate or approve

 

any Third Party Sites and Products and is not responsible for the availability, security, safety or

 

quality of such Third Party Sites or Products. You are solely responsible for ensuring that any such

 

Third Party Sites and Products meet your needs. In no event will we be responsible or liable for

 

any information, services or products provided by such Third Party Sites or for their failure to

 

provide any such information, services or products to you. We have no control over, and assume

 

no responsibility for, the content, privacy policies, products, services or practices of any third

 

party websites. You should review such site's privacy and return/refund policies before providing

 

any personal information or purchasing products or services from such sites. In addition, we will

 

not and cannot censor or edit the content of any third-party site.

 

Miscellaneous Provisions

 

Suggestions and Feedback. You understand and agree that any ideas or suggestions for

 

improvements to the service, including without limitation, enhancements, new functionality,

 

venues, events or concepts, shall be owned by RAAD. RAAD shall have the right to use any such

 

ideas or suggestions in its sole discretion and with no payment or consideration to you.

 

Assignment. You may not assign your rights hereunder. We can assign our rights hereunder at any

 

time without restriction.

 

Governing Law. To the extent permitted by law, these Terms, your use of the RAAD app and all

 

sales of RAAD SKIP PASSES are governed by South Carolina law, without giving effect to its conflict of law

 

provisions.

 

Entire Agreement. These Terms together with the Privacy Policy and any other legal notices or

 

policies published by RAAD through the service, constitute the entire agreement between you and

 

RAAD concerning your use of the service. No RAAD employee or agent has the authority to vary

 

any of the RAAD policies or the terms and conditions governing any sale. RAAD's failure to insist

 

on or enforce strict performance of these policies shall not be construed as a waiver by RAAD of

 

any provision or any right it has to enforce these policies, nor shall any course of conduct between

 

RAAD and you or any other party be deemed to modify any provision of these policies. Any

 

modification of these Terms must be in a writing executed by RAAD. If any provisions of these

 

Terms or our policies are held to be void or unenforceable by an arbitrator, court or other tribunal

 

of competent jurisdiction, such provision or policy shall be limited or eliminated to the minimum

 

extent necessary and replaced with a valid provision that best embodies the intent of the

 

provision. Any invalidity of such provision shall not affect the validity of the remaining provisions

 

of these Terms or the policies and such other provisions shall remain in full force and effect.

 

Notices. You agree that any notice, agreements, disclosure or other communications that we send

 

to you electronically will satisfy any legal communication requirements, including that such

 

communications be in writing.

 

Arbitration Provisions; Waiver of Jury Trial

 

ANY CONTROVERSY OR DISPUTE BETWEEN RAAD AND YOU ARISING OUT OF OR RELATED TO

 

THESE TERMS OF USE AND/OR YOUR USE OF THE RAAD SERVICE OR APP OR PURCHASE OF ANY

 

RAADTHAT CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND

 

FINALLY SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE BEFORE THE AMERICAN

 

ARBITRATION ASSOCIATION (THE "AAA"), AND SHALL BE GOVERNED BY THE LAWS OF THE

 

STATE OF SOUTH CAROLINA.

 

ALL NOTICES AND REQUESTS FOR ARBITRATION SHALL BE MADE IN COMPLIANCE WITH THE

 

RULES SET FORTH BY THE AAA. IN THE EVENT THAT ANY PARTY TO THIS AGREEMENT

 

DESIRES TO SEEK ARBITRATION, IN ADDITION TO COMPLIANCE WITH THE RULES SET FORTH

 

BY THE AAA, THE PARTY REQUESTING ARBITRATION SHALL GIVE WRITTEN NOTICE TO THE

 

OTHER PARTY AT LEAST TEN (10) DAYS PRIOR TO FILING ITS REQUEST WITH THE AAA. THIS

 

NOTICE SHALL SET FORTH THE NATURE OF THE DISPUTE, THE AMOUNT INVOLVED (IF ANY),

 

AND THE REMEDY SOUGHT. THE FORMAL DEMAND FOR ARBITRATION SHALL BE MADE

 

BEFORE THE AAA. ANY ARBITRATION CONDUCTED PURSUANT TO THIS PROVISION SHALL

 

TAKE PLACE IN OCONEE COUNTY, SOUTH CAROLINA.

 

YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY'S INDIVIDUAL

 

CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR

 

REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS

 

REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A

 

DISPUTE. FOR ANY DISPUTE (OR PART OF A DISPUTE) THAT IS NOT SUBJECT TO ARBITRATION,

 

YOU AND WE WAIVE ANY RIGHT YOU OR WE MAY HAVE TO A TRIAL BY JURY AND AGREE TO

 

HAVE SUCH MATTER TRIED BY A COURT WITHOUT A JURY. YOU AND/OR WE WILL CONTINUE

 

TO HAVE THE FOLLOWING RIGHTS: 1) RIGHT TO FILE FOR BANKRUPTCY IN COURT; 2) RIGHT

 

TO TAKE LEGAL ACTION TO ENFORCE THE ARBITRATOR'S DECISION; AND 3) RIGHT TO

 

REQUEST THAT A COURT OF LAW REVIEW WHETHER THE ARBITRATOR EXCEEDED IT'S

 

AUTHORITY.

 

THE PARTIES UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING ON THE PARTIES. THE

 

PARTIES FURTHER UNDERSTAND THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING

 

THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL.

 

NOTWITHSTANDING THIS PROVISION, THE PARTIES AGREE THAT RAAD MAY SEEK IMMEDIATE

 

INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER OR

 

PERSONS FOR WHICH RELIEF IS SOUGHT. JUDGMENT ON ANY AWARD RENDERED BY THE

 

ARBITRATOR(S) MUST BE ENTERED AND CONFIRMED EXCLUSIVELY IN ANY COURT HAVING

 

JURISDICTION IN OCONEE COUNTY SOUTH CAROLINA.

 

ALL AWARDS SHALL BE MADE IN CONFORMITY WITH THE AAA RULES AND THE PARTIES

 

UNDERSTAND THAT THE ARBITRATOR(S) MAY AWARD MONETARY DAMAGES AND ARE

 

AUTHORIZED TO GRANT PRE-AWARD AND POST-AWARD INTEREST AT COMMERCIAL RATES

 

ON ANY MONETARY AWARD. ANY SUCH AWARDS SHALL BE SUBJECT THE LIMITATION OF

 

LIABILITIES SET FORTH HEREIN.

 

You consent and submit to the jurisdiction of the state or federal courts of the state of South

 

Carolina.

 

Attorneys Fees. We shall be entitled to our reasonable costs and expenses (including reasonable

 

attorneys' fees) incurred in connection with the enforcement of these Terms of Use against you.

 

Additional Terms Applicable to iPhone, iPod touch or iPad Applications

 

(a) Acknowledgement. The parties acknowledge that these Terms of Use are concluded solely

 

between such parties, and not with Apple, and RAAD, not Apple, is solely responsible for the App

 

and the content thereof. You further acknowledge that the usage rules for the App are subject to

 

any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as

 

of the date you download the App, and in the event of any conflict, the Usage Rules in the App

 

Store shall govern if they are more restrictive

 

(b) Scope of License. The license granted to you is limited to a non-transferable license to use the

 

App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set

 

forth in the Apple App Store Terms of Service.

 

(c) Maintenance and Support. The parties acknowledge that Apple has no obligation whatsoever

 

to furnish any maintenance and support services with respect to the App.

 

(d) Warranty. You acknowledge that Apple is not responsible for any product warranties, whether

 

express or implied by law, with respect to the App. In the event of any failure of the App to

 

conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase

 

price, if any, paid to Apple for the App to that end-user; and to the maximum extent permitted by

 

applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

 

The parties acknowledge that to the extent that there are any applicable warranties, any other

 

claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any

 

such applicable warranty would be the sole responsibility of RAAD. However, you understand and

 

agree that in accordance with these Terms of Use, RAAD has disclaimed all warranties of any kind

 

with respect to the App, and therefore, there are no warranties applicable to the Apps.

 

(e) Product Claims. The parties acknowledge that as between Apple and RAAD, RAAD, not Apple,

 

is responsible for addressing any claims of the end-user or any third party relating to the App or

 

the end-user's possession and/or use of that App, including, but not limited to: (i) product liability

 

claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory

 

requirement; and (iii) claims arising under consumer protection or similar legislation.

 

(f) Intellectual Property Rights. The parties acknowledge that, in the event of any third party claim

 

that the App or the end-user's possession and use of that App infringes that third party's

 

intellectual property rights, RAAD, and not Apple, will be solely responsible for the investigation,

 

defense, settlement and discharge of any such intellectual property infringement claim to the

 

extent required under these Terms of Use.

 

(g) Legal Compliance. You represent and warrant that (i) you are not located in a country that is

 

subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a

 

"terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited

 

or restricted parties.

 

(h) Third Party Terms of Agreement. You agree to comply with any applicable third party terms

 

when using the App.

 

(i) Third Party Beneficiary. The parties acknowledge and agree that Apple, and Apple's

 

subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon the end-user's

 

acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will

 

be deemed to have accepted the right) to enforce these Terms of Use against the end-user as a

 

third party beneficiary thereof).

 

If you have any questions regarding these Terms of Use, you may contact us at

 

Kory@Raadcity.com