3 THE WEBSITE AND GOFAN SERVICE; INTELLECTUAL PROPERTY RIGHTS
3.1 Copyright License.
3.2 Trademark Information.
Huddle and other Huddle trademarks, service marks, graphics, and logos used in connection with the Application may be service marks or registered service marks of Huddle. Other trademarks, service marks, graphics, and logos used in connection with the Application, including but not limited to the logos of the affiliate schools, school districts and school related entities (“School(s)”) on such School’s page on the Application, may be the trademarks of their respective owners. You are not granted any right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Application.
4 BOX OFFICE USAGE
4.1 Your Account
You agree and confirm that you provided accurate and complete information when you registered with the GoFan Service (“GoFan Registration Data"), and you agree to update your GoFan Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete GoFan Registration Data may result in the suspension and/or termination of your Account and/or access to the Application. You acknowledge and agree that Huddle will use the GoFan Registration Data you provide for use in maintaining your Account and that Huddle may, in our sole discretion, refuse service, terminate Accounts, and change eligibility requirements at any time.
Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Huddle of any security breach of your Account. You further acknowledge and agree that you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Huddle shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.
4.2 Box Office User
Each Box Office User’s use of the Application is subject to the School’s agreement with Huddle. Each Box Office User of the Application is required to be authorized by the User’s School to have a GoFan Admin Account. To be an authorized user of the Application, the School must have authorized the User to 1) access the GoFan Admin Account for the User’s School, and 2) sell tickets for the School’s events via the Application. The Box Officer User shall only sell tickets for the events of the School that the User is authorized to access. The Box Office User shall not permit any unauthorized user to use the Application. The Box Office User shall access the transactions and data related to an event only to manage tickets, including selling tickets to Customers, resending sales receipts to Customers, validating tickets that have been purchased by Customers, and unredeeming tickets, and the Box Office User shall not use the ticket transaction information for any other purpose. A Box Office User may sell a ticket through the Application only if the School has designated the ticket for sale via the Application in the GoFan Admin Account. In order to use the Box Office Service, the Box Office User must enter the User’s email address and password for the GoFan Admin Account into the Application.
Customer may, at its option, connect Customer’s purchases through the Application to Customer’s GoFan Account if Customer has such an account, and such Box Office purchases will be displayed in the list of GoFan purchases in Customer’s GoFan Account. Customer is not required to have a GoFan Account to use the Application.
4.4 Age Restrictions and Use of Service.
All Box Office Users must be over the age of 21. If Huddle discovers that a Box Office User under twenty-one (21) years of age has created a GoFan Admin Account or is a User under a GoFan Admin Account, Huddle will terminate the Account and remove the information or User Content.
Customer must be thirteen (13) years of age or older to use the Application. By using the Application, Customer represents that Customer is thirteen (13) years of age or older, and that Customer will not permit a minor under the age of thirteen (13) to use the Application, create or use an Account, or otherwise interact with the Application. Huddle will never knowingly solicit or accept Personally Identifiable Information (as defined herein) or User Content from a Box Office User, Customer or visitor who Huddle knows is under thirteen (13) years of age. “Personally Identifiable Information” includes any information that may be used to specifically identify or contact you, such as your name, cell phone number, email address, student identification number, credit card information, and other types of personally identifiable information that we collect about you or you provide to us. If Huddle discovers that a Customer or Box Office User under thirteen (13) years of age has created an Account or has posted Personally Identifiable Information or User Content to the Application, Huddle will terminate the Account and remove the information or User Content.
4.5 Single Sign-on.
You can log in to our Application using single sign-on services such as Facebook Connect or VNN (a school sports marketing and communications platform). These services will authenticate your identity and provide you the option to share certain Personally Identifiable Information with us, such as your name and email address, to pre-populate our sign-up form. Services like Facebook Connect give you the option to post information about your activities on our Application to your Facebook profile page to share with others within your network. Before you log in to our Application using a sign-on service, we will ask you to confirm that you consent to your login information being shared with such sign-on service.
4.6 International Restrictions.
In order to use the Application or GoFan Service, you must not be based in Cuba, Iran, North Korea, Syria, or any other 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. You also must not be located in the European Union at the time you access or use the Application.
The Mobile Application or its underlying technology may not be downloaded to or exported or re-exported outside of the United States.
5 ONLINE MARKETPLACE
The Application allows Customers to buy and Schools to sell event tickets (“Ticket(s)”) through our online marketplace. The Application also allows Customers to register for summer camp, contribute to a fundraiser, and engage with other services offered by Schools (collectively, “Service(s)”). The Schools (and not Huddle) set the prices for Tickets and Services. Huddle may provide pricing, shipping, listing and other guidance on the Application, and such guidance is solely informational (without any warranty as to accuracy). Huddle has no control over and does not guarantee the safety or legality of the Tickets or Services; the truth or accuracy of the School’s content or listings; or the ability of a School to sell Tickets or Services or a Customer’s ability to pay for them. In no event shall Huddle be responsible for the provision of Tickets or Services provided by Schools.
6 BUYING TICKETS AND SERVICES
Customer is responsible for reading the complete listing before making a commitment to buy Tickets, or Services. Customer cannot change or cancel any orders after the sale is complete. Payment is remitted to Huddle and disbursed to the School according to our individual agreement with each School.
All Ticket Sales are final and non-refundable. The determination of whether any refunds are granted for cancelled events will be made on a case-by-case basis at the direction of the School.
6.1 Fees and Other Charges.
Customer may be charged fees for buying Tickets or Services through the Application (collectively referred to as "Convenience Fees"). Convenience Fees may vary depending on event type and location and type of Service and may be changed at any time. Convenience Fees or taxes, if applicable, may be disclosed to Customer prior to buying a Ticket or Services.
Credit card transactions are handled by established third party banking institutions and processing agents. Such third party banking institutions and processing agents receive the information needed to verify and authorize Customer’s credit card or other payment information. Payments received for Tickets and Services purchased via the Application are processed by such established third party banking institutions and processing agents on behalf of the School and credited to the School in accordance with Huddle’s individual agreement with each School.
Payments are due and payable immediately. Customer can pay the full order amount, which includes any applicable Convenience Fees and taxes, using one of the accepted payment methods.
Customer’s obligation to pay for a Ticket or Service is satisfied when Huddle has received the payment in full.
The Application cannot be used to resell Tickets, or Services that have already been sold, distributed or forwarded through the GoFan Service or Box Office Service.
6.4 No Transmission.
Customer must not sell, transmit or aid in transmitting any description, account, picture, recorded transmission, video recording or other reproduction of the event to which the ticket is issued.
7 MOBILE TICKETS
Rather than bringing a print-at-home barcoded Ticket (“Printed Ticket”) or confirmation number to an event, some Schools’ events give a Customer the option of having Customer’s Ticket delivered to Customer’s mobile Device through GoFan’s mobile application (“Mobile Ticket”). There are also some events wherein the only Ticket that will be accepted is a Mobile Ticket.
Mobile Tickets will be stored on Customer’s GoFan Account. If Customer is required to bring a Printed Ticket to an event, and Customer loses your Printed Ticket, Customer can reprint Customer’s Printed Ticket by accessing Customer’s GoFan Account on a mobile Device. If Customer does not have access to Customer’s mobile Device when attending an event, Customer can log in to Customer’s GoFan Account on the GoFan mobile application using another person’s compatible mobile Device, and Customer will be able to access any Mobile Tickets on Customer’s Go Fan Account on such device. Each Mobile Ticket will be treated like any other valid Ticket. Mobile Tickets are individually redeemed and allow for only one entry per Mobile Ticket, so any attempts to duplicate, alter, or sell any copies of the Mobile Ticket may result in admittance being refused to the event.
8 EVENT CANCELLATIONS, POSTPONEMENT AND OTHER EVENT CHANGES
At the direction of the School hosting an event that has been cancelled, Huddle may remove the event and any listings related to the event from the Box Office Service, and we may inform Customer about the cancellation with further instructions pertaining to rescheduling and/or any available refunds, as applicable.
If an event is postponed, Huddle will work with the School on a case-by-case basis attempting to resolve any ticket issues. Refunds will not be issued for postponed events, except for in some instances when the postponed events are ultimately cancelled, as stated above.
8.3 Other Event Changes.
Huddle is not responsible for partial performances, venue or time changes, or oversold events. No Ticket refunds will be issued in these instances, except as authorized by the School. Huddle recommends that Customer contact the School responsible for such event to address any event-related concerns.
9 THIRD PARTY RESOURCES
Applications, software, and websites of one or more third parties may be accessible through the Application and/or in connection with your Account (“Third Party Resources”). Your use of Third Party Resources is subject to the terms and conditions of use and/or privacy policies established by such third parties, and Huddle shall have no liability or responsibility for the privacy practices or other actions of any Third Party Resources. You are solely responsible for any and all material that you post, re-post, share in connection with any Third Party Resources or otherwise engage with such Third Party Resources. Some third parties may impose fees for access to Third Party Resources, and you are responsible for all such fees. You hereby agree to indemnify Huddle and its Schools, subsidiaries, officers, directors, employees, agents, contractors, partners and licensors against all claims, injuries and/or damages, including, without limitation, attorneys’ fees that arise from or are related to your use of any Third Party Resources.
10 RULES FOR SWEEPSTAKES, CONTESTS AND GAMES
11 ACCESS TO AND USE OF YOUR ACCOUNT
13 ADDITIONAL TERMS FOR MOBILE DEVICE USERS
If you are accessing the Application through a mobile Device, including the Box Office mobile application or any other mobile application hereinafter created, the following additional terms apply.
13.1 Mobile Application Use.
Huddle grants Customer the right to use the mobile application only for Customer’s personal use. Huddle grants Box Office User the right to use the mobile application only on behalf of Box Office User’s School in connection with an authorized use of the Application and Box Office Service. You must comply with all applicable laws and third party terms of agreement when using the mobile application (e.g. your wireless data service agreement).
You own and are solely responsible for any content that you submit, including images, text, audio or other materials (“User Content”). By submitting User Content, you grant Huddle a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant Huddle the right to use your name or image in association with your User Content, if we so choose. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees.
You represent and warrant that the User Content (as defined in Section 14 below): (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify Huddle for any and all claims resulting from your User Content. Huddle has the right but not the obligation to monitor, edit or remove your User Content. The User Content is non-confidential and Huddle will not be liable for its use or disclosure.
14.1 Image or Likeness.
By purchasing a ticket through Box Office, Customer expressly grants to the School and its agents, except where prohibited by law, the right and license to use Customer’s image or likeness (and that of any accompanying minor ticket holder) in any live or recorded transmission or reproduction of the game or event, or any part thereof, for all purposes, in any and all media, whether now known or hereafter developed, without compensation.
15 LIMITATIONS ON USE
You agree that you will NOT use the Application to:
· upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
· stalk, harass, threaten or harm another;
· request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including, but not limited to, any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;
· pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Application user, a Huddle employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity;
· engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
· upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Application (or any part thereof), or any other computer software or hardware;
· interfere with or disrupt the Application (including accessing the Application through any automated means, like scripts or web crawlers), or any servers or networks connected to the Application, or any policies, requirements or regulations of networks connected to the Application (including any unauthorized access to, use or monitoring of data or traffic thereon);
· plan or engage in any illegal activity; and/or
· gather and store personal information of any other users of the Application to be used in connection with any of the foregoing prohibited activities.
16 COPYRIGHT NOTICE – DMCA
Pursuant to the Digital Millennium Copyright Act (the "DMCA"), you may file a notification of claimed infringement (“Notification”) with the Designated Agent of Huddle identified below if you believe that a webpage hosted by Huddle is violating your rights under U.S. copyright law. (See Title 17, United States Code, Section 512(c)(3)). If you believe that any content in which you claim copyright has been infringed by anyone using the Application, please contact Huddle's designated DMCA agent (“Designated Agent”) as described below. Huddle may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.
16.1 Procedure for Making a Claim of Copyright Infringement.
To serve a Notification on Huddle, send your Notification to Huddle’s Designated Agent as follows:
By mail: Huddle Tickets, LLC
Attention: Legal Department
6445 Shiloh Rd.
Alpharetta GA 30005
By e-mail: email@example.com
In order to be effective under the DMCA, the Notification must (i) be in writing, and (ii) be provided to Huddle’s Designated Agent. The Notification also must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Huddle to locate the material;
4. Information reasonably sufficient to permit Huddle to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information described in 1 through 6 above, Huddle will:
a. Remove or disable access to the material that is alleged to be infringing; and
b. Take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.
16.3 Counter Notification.
If a notice of copyright infringement has been filed against you, you may file a counter notification (“Counter Notification”) with Huddle’s Designated Agent. In order to be effective, a Counter Notification must be written and include substantially the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Huddle may be found, and that the subscriber will accept service of process from the person who provided Notification or an agent of such person.
Upon receipt of the written Counter Notification containing the information as described in 1 through 4 above, Huddle will:
a. Promptly provide the complaining party with a copy of the Counter Notification; and
b. Replace the removed material or cease disabling access to the material within 10 to 14 business days following receipt of the Counter Notification, unless Huddle’s Designated Agent first receives notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringing party from engaging in infringing activity relating to the material on Huddle’s system or network.
NOTE: Under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees. (See Title 17, United States Code, Section 512(d)).
NOTE: The information in this Section 16 is provided to you for informational purposes only, and is not intended as legal advice. If you believe your rights under U.S. copyright law have been infringed, you should consult an attorney.
17 TERMINATION OF YOUR ACCOUNT
Upon termination of your Account, you will lose all access to the Application and any portions thereof, including, but not limited to, your Account and any User Content you posted on the Application. In addition, after a period of time, Huddle will delete information and data stored in or as a part of your Account and User Content, provided we may retain and use your information and User Content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information and User Content as soon as is reasonably practical. You understand and acknowledge that there might be latency in deleting information from our servers and back-up versions might exist after deletion. Any individual components of the Application that you may have used subject to separate software or other license agreements will also be terminated in accordance with those agreements.
18 THE APPLICATION IS PROVIDED "AS-IS"; INTERNET CONNECTIVITY
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
To access the Application, Devices must be connected to the internet. Failure to maintain the specified internet connection requirements may result in your inability to access the Application. If you fail to maintain an internet connection, the quality and availability of the Application will be affected. You are responsible for all costs and any other charges or expenses charged by your internet service provider.
19 LIMITATION OF LIABILITY
19.1 Use of the Application.
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THE APPLICATION (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE APPLICATION, OR ANY OTHER MISTAKES, OMISSIONS, LOSS OF EMAIL OR OTHER INFORMATION OR DATA); OR USE OF THE TICKETS (INCLUDING ATTENDING AN EVENT FOR WHICH THE TICKETS WERE ISSUED) OR USE OF THE SERVICES; OR
(B) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE APPLICATION OR USE OF THE TICKETS (INCLUDING ATTENDING AN EVENT FOR WHICH THE TICKETS WERE ISSUED), USE OF THE MERCHANDISE, OR USE OF THE SERVICES, BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
NEITHER HUDDLE NOR THE SCHOOLS NOR ITS OR THEIR SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO YOUR DEVICE(S). THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
19.2 Attending an Event.
Customer understands and acknowledges that Customer’s attendance at the game or event is voluntary, and, despite reasonable safety precautions, Customer’s attendance may result in personal injury (including death) or property damage.
BY USING CUSTOMER’S ELECTRONIC TICKET, CUSTOMER, ON BEHALF OF HIMSELF OR HERSELF AND ANY MINORS ACCOMPANYING CUSTOMER, ACKNOWLEDGES AND VOLUNTARILY ASSUMES ALL RISKS AND DANGERS INCIDENTAL TO THE EVENT FOR WHICH THE TICKET IS ISSUED, WHETHER OCCURRING BEFORE, DURING OR AFTER THE EVENT. Such risks include specifically (but not exclusively) the danger of being injured by thrown sports equipment (including bats at baseball and softball games); thrown, batted or kicked balls; thrown, dropped or launched items; projectiles; persons; distractions; and any incidents or accidents associated with crowds of people or the negligence or misconduct of other spectators.
CUSTOMER FURTHER AGREES THAT HUDDLE AND ALL OF OUR RESPECTIVE AFFILIATED ENTITIES, AGENTS, OFFICERS, DIRECTORS, OWNERS AND EMPLOYEES AND THE SCHOOL, ITS CONFERENCE, ITS LICENSEES, SPONSORS, VENDORS, COACHES, PLAYERS, AGENTS, REPRESENTATIVES AND JUDGES AND OFFICIALS (ALL SUCH ENTITIES REFERRED TO AS THE “ENTITIES”) WILL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER LOSS SUFFERED AS A RESULT OF CUSTOMER’S (OR CUSTOMER’S ACCOMPANYING MINOR’S) PARTICIPATION IN OR ATTENDANCE AT AND OBSERVANCE OF THIS GAME OR EVENT OR RESULTING FROM THE NEGLIGENCE OF ANY ENTITIES.
Customer further releases the Entities from and against any and all claims that Customer (or any minors accompanying Customer) has or may have for invasion of privacy, defamation, violation of any right of publicity, or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of advertisements, promotions, content, programs or materials in which recordings or photographs of Customer or any accompanying minor from the game or event appear. BY ATTENDING THE GAME OR EVENT, CUSTOMER IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE ENTITIES TO THE FULLEST EXTENT PERMITTED BY LAW. If a minor(s) is with Customer, Customer is deemed to have given all of the foregoing grants of rights releases and waivers on behalf of such minor(s).
19.3 Restrictions on Limitation of Liability.
21 ELECTRONIC COMMUNICATIONS
You agree that we may make communications available to you by posting them on the Application or sending an email to the email address you provide to us that is associated with your Account, or both and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
22 DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER
22.1 Opt Out.
22.2 Class Action Waiver.
You and Huddle agree that all Disputes between you and Huddle will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or Huddle brings a claim in small claims court, the class action waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor Huddle may participate in a class or representative action as a class member if the class action asserts Disputes that would fall within the scope of this arbitration agreement if they were directly asserted by you or Huddle. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this Section 22 will not apply to any Dispute between you and Huddle, except for the provisions of Section 22.6 waiving the right to jury trial. This class action waiver may not be severed from our arbitration agreement.
22.3 Arbitrator Authority.
22.4 Informal Dispute Resolution.
You and Huddle agree that you will try to resolve Disputes informally before resorting to arbitration. If you have a Dispute, first call Tim Barchie at the following number: 678.218.0909. If the Huddle representative is unable to resolve your Dispute in a timely manner, you agree to then notify Huddle of the Dispute by sending a written description of your claim to Huddle, Attn: Head of Legal, 6445 Shiloh Rd., Suite B, Alpharetta, GA 30005, so that Huddle can attempt to resolve it with you. If Huddle does not satisfactorily resolve your claim within 30 calendar days of receiving written notice of your claim to Head of Legal, 6445 Shiloh Rd., Suite B, Alpharetta, GA 30005, then you may pursue the claim in arbitration. Neither you nor Huddle may initiate arbitration without first following the informal dispute resolution procedure provided in this paragraph and thereafter, if the Dispute is still not resolved, the party who desires to initiate arbitration must provide the other written notice of the intent to file for arbitration. If you are sending a written notice of your intent to file for arbitration to Huddle, please send such notice via U.S. mail to Huddle, Attn: Head of Legal, 6445 Shiloh Rd., Suite B, Alpharetta GA 30005. If Huddle is sending you a written notice of our intent to file for arbitration, we will send it to the last known address of record we have on file for you.
22.5 Arbitration Procedures.
You and Huddle agree that this Agreement and the services Huddle provides to you affects interstate commerce and that the Federal Arbitration Act and not state arbitration laws applies for all Disputes. All arbitrations shall be conducted by the American Arbitration Association ("AAA"). The AAA's rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA's Consumer Arbitration Rules will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA's rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to Huddle at firstname.lastname@example.org or via U.S. mail to Huddle, Attn: Head of Legal, 6445 Shiloh Rd., Suite B, Alpharetta GA 30005. You must also comply with the AAA's rules regarding initiation of arbitration. The arbitration will be held in the metro Atlanta, Georgia area. Each party will bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator may, in his or her discretion, award costs and fees to the prevailing party. Arbitration shall be final and binding upon the parties. Judgment upon the award may be entered in any court having jurisdiction over the award or over the applicable party or its assets.
22.6 Jury Trial Waiver.
If for any reason this arbitration agreement is found to be unenforceable, or if you opt out of this dispute resolution agreement, you and Huddle expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than a Jury will decide Disputes between you and Huddle if, for any reason, the arbitration agreement is not enforced.
This dispute resolution provision survives the termination of your Services with Huddle. If you bring a claim against Huddle after termination of your Account that is based in whole or in part on events or omissions that occurred while you were a Huddle customer, this dispute resolution provision shall apply.
23 THIRD PARTY SERVICES
This Services use Amazon Web Services (AWS). By using the Services, you are agreeing to comply with the AWS Customer Agreement located at https://aws.amazon.com/agreement/.
In no event shall Huddle be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Huddle shall use reasonable efforts which are consistent with accepted practices in its industry to resume performance as soon as practicable under the circumstances.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Huddle Tickets, LLC
Attn: Head of Legal
6445 Shiloh Road
Alpharetta GA 30005
By e-mail: email@example.com
Last updated: July 15, 2019