By visiting our website you agree to...
Welcome to Pit TicketPro. Pit TicketPro offers a platform that provides real-time ticket management, dispatching, project management, accounting and other services (as modified from time to time, the “Pit TicketPro Services”) for civil construction, trucking, aggregate and other industries (“Clients” or “you”). The website at www.pitticketpro.com (the “Site”) and the various other related services, features, functions, software, applications, websites and networks (together with the Pit TicketPro Services, the Site, collectively, the “PTP Services”) are provided and operated, and are being made available to you, the other Clients and the other users of any of the Pit TicketPro Services or other PTP Services (collectively, “Users”) by Pit TicketPro, Inc. (“Pit TicketPro” or “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in this Terms of Service.
These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Pit TicketPro to binding and final arbitration. You will only be permitted to pursue claims against Pit TicketPro on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
To procure or use any Pit TicketPro Services or to access and use the Site and the other PTP Services, you and each of the other Clients and other Users must be at least 18 years of age. By procuring or using any Pit TicketPro Services or by accessing or using the Site, clicking the “I Agree” button or by downloading, installing or otherwise accessing or using any of the PTP Services, you represent that:
3.1 LICENSE GRANT.
Subject to your compliance with all of the terms and conditions set out in these Terms, Pit TicketPro hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to access and use the Site and the other PTP Services for your personal use to the extent and in accordance with these Terms.
3.2 PREVENTION OF UNAUTHORIZED USE.
Pit TicketPro reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized procurement or use of the Pit TicketPro Services or use of the Site or any of the other PTP Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
The Pit TicketPro Services are subject to, and governed by, Pit TicketPro’s management services agreement (as modified from time to time, the “MSA”). A copy of the current MSA is available upon request by sending an email to firstname.lastname@example.org.
Pit TicketPro shall provide technical and other support with respect to the Site and the other PTP Services by email at email@example.com. Support hours are 9:00 am to 5:00 pm CST, Monday through Friday with the exception of company holidays. Support for the Pit TicketPro Services are subject to, and governed by, the MSA.
When using the Site and any of the other PTP Services, you will be subject to any additional posted policies, guidelines or rules applicable to the use of the Site and the other PTP Services which may be posted from time to time (as added or modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
Pit TicketPro respects the rights of others and so should you. You therefore may not post or send Content that:
When you procure or use any of the Pit TicketPro Services or access and use the Site or any of the other PTP Services, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Pit TicketPro in procuring any Pit TicketPro Services and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
If you change or deactivate the email that you used to procure any Pit TicketPro Services or to create a Pit TicketPro account, you must update your account information within 72 hours to prevent us from sending to someone else messages intended for you.
If at any time you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any payment information, if applicable), then you shall immediately notify Pit TicketPro at firstname.lastname@example.org. You may be liable for the losses incurred by Pit TicketPro or others due to any unauthorized use of your account or any of the PTP Services.
Pit TicketPro reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site or otherwise through the other PTP Services. If Pit TicketPro updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued procurement or use of the Pit TicketPro Services or use of Site after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations, Pit TicketPro will make reasonable efforts to notify you of such change. Pit TicketPro may provide notice through a pop-up or banner within any of the PTP Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Pit TicketPro may require you to provide consent by accepting the changed Terms. If Pit TicketPro requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Pit TicketPro, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the PTP Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE AND ALL OF THE OTHER PTP SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
It is Pit TicketPro’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you file a notice with our copyright agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). Pit TicketPro reserves the right to terminate without notice any User’s access to Site and the other PTP Services if that User is determined by Pit TicketPro to be a “repeat infringer.” In addition, Pit TicketPro accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
11.1 LIMITED LICENSE GRANT TO PIT TICKETPRO.
The Pit TicketPro Services, the Site and the other PTP Services may now or in the future permit the submission and/or posting or linking of testimonials, pictures, audio and video recordings, text, data, information and other input or any other content linked, posted, and/or submitted by you or other Users, in each case whether or not made available to other Users (“Content”). By uploading, providing, posting, distributing or disseminating any Content to or through the Pit TicketPro Services, the Site or any of the other PTP Services, you hereby grant to Pit TicketPro a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your Content (and any copyrights, publicity, database and other proprietary rights therein), in connection with the Pit TicketPro Services and the operation, maintenance and support of the Site and the other PTP Services.
11.2 CONTENT USE BY OTHER USERS.
You hereby consent to the use of your Content by other Users that are authorized to access your Content in the manner contemplated by these Terms and any of the PTP Services.
11.3 CONTENT AND CONFIDENTIAL INFORMATION.
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your Content and the consequences of posting or publishing any Content. By uploading and publishing your Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Pit TicketPro and the Users to use and distribute your Content as necessary to exercise the licenses granted by you in this Section 11 and in the manner contemplated by Pit TicketPro and these Terms; (2) your Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (3) your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the PTP Services. Violators of these third-party rights may be subject to criminal and civil liability. Pit TicketPro reserves all rights and remedies against any Users who violate these Terms.
11.4 CONTENT DISCLAIMER.
You understand that when procuring or using any Pit TicketPro Services or using the Site or any of the other PTP Services you may be exposed to Content or other materials from a variety of sources, and that Pit TicketPro is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content and other content. You further understand and acknowledge that you may be exposed to Content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Pit TicketPro with respect thereto. Pit TicketPro does not endorse any Content and other material or any opinion, recommendation or advice expressed therein, and Pit TicketPro expressly disclaims any and all liability in connection with Content and other materials. If notified by a User or a content owner of any Content or other content or materials that allegedly do not conform to these Terms, Pit TicketPro may investigate the allegation and determine in its sole discretion whether to remove the Content or other content or materials, which it reserves the right to do at any time and without notice. For clarity, Pit TicketPro does not permit copyright infringing activities on or through any of the PTP Services.
BY USING THE SITE OR ANY OF THE OTHER PTP SERVICES YOU AGREE NOT TO:
12.1 Decipher, decompile, disassemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of Site or any of the other PTP Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
12.2 Provide any services to any third party using the Site or any of the other PTP Services except in accordance with these Terms;
12.3 Develop or create (a) any derivative work of the Site or any of the other PTP Services or (b) any service or product to the extent intended to compete with the Pit TicketPro Services;
12.4 Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to any of the PTP Services or any part thereof;
12.5 Copy, disclose, or distribute any data available on or through the Pit TicketPro Services, the Site or any of the other PTP Services, in any medium, including without limitation, by any automated or non-automated “scraping;”
12.6 Interfere with, circumvent or disable any security or other technological features or measures of any of the Pit TicketPro Services or any of the other PTP Services or attempt to gain unauthorized access to the Pit TicketPro Services or any of the other PTP Services or its related systems or networks;
12.7 Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including other Clients) of the Pit TicketPro Services or any of the other PTP Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
12.8 Use bots or other automated methods to: access the Site or any of the other PTP Services, download profiles, contacts or any other information, send or redirect messages or perform any other activities through any of the PTP Services;
12.9 Use the Pit TicketPro Services, the Site or any of the other PTP Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment;
12.10 Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site or any of the other PTP Services;
12.11 Take any action that imposes, or may impose at Pit TicketPro’s sole determination, an unreasonable or disproportionately large load on Pit TicketPro’s infrastructure;
12.12 Deep-link to the Site or any of the other PTP Services without Pit TicketPro's consent; or
12.13 Share or disclose information of other Users without their express consent;
12.14 Use another Client’s account; or
12.15 Use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
The Site and the other PTP Services may include third-party tools (“Third-Party Tools”) and links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Users. Pit TicketPro does not endorse any such Third-Party Tools, Third-Party Sites or the information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site or any of the other PTP Services are solely between you and such advertiser. Access and use of any Third-Party Tools or Third-Party Sites, including the information, materials, products, and services on or available through such Third-Party Tools or Third-Party Sites are solely at your own risk.
Pit TicketPro may occasionally send text message offers and alerts. By agreeing to these Terms, you authorize Pit TicketPro to send text messages to your mobile device with notifications and occasional special offers.
You are responsible for any mobile and data charges that you may incur for using the Pit TicketPro Services, or any of the other PTP Services, including text-messaging charges. If you’re unsure what those charges may be, you should ask your service provider before using the Pit TicketPro Services or any of the other PTP Services.
15.1 Pit TicketPro.
You agree that Pit TicketPro, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your ability to procure or use the Pit TicketPro Services or use of the Site or any of the other PTP Services or any account (or any part thereof) you may have with Pit TicketPro and remove and discard all or any part of your account, user profile, and any Content, at any time. Pit TicketPro may also in its sole discretion and at any time discontinue your ability to procure or use the Pit TicketPro Services or providing access to the Site, or any part thereof, with or without notice. You agree that any suspension or termination of your ability to procure or use the Pit TicketPro Services or access to the Site or any the other PTP Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Pit TicketPro will not be liable to you or any third party for any such termination. Pit TicketPro reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Pit TicketPro to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Pit TicketPro may have at law or in equity. As discussed herein, Pit TicketPro does not permit copyright infringing activities on the Pit TicketPro Services, the Site or any of the other PTP Services, and shall be permitted to terminate access to any of the PTP Services, and remove all Content or other content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD PIT TICKETPRO HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PIT TICKETPRO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PIT TICKETPRO OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy against Pit TicketPro with respect to any dissatisfaction with (i) the Site or any of the other PTP Services, (ii) any term of these Terms, (iii) any policy or practice of Pit TicketPro in operating the Site and providing the other PTP Services, or (iv) any Content transmitted through the Pit TicketPro Services or any of these other PTP Services, is to terminate your account and your use of all of the PTP Services. You may terminate your use of the Site and the other PTP Services (other than the Pit TicketPro Services) and your account at any time.
The Pit TicketPro Services, the Site, and the other PTP Services are owned and operated by Pit TicketPro. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Pit TicketPro Services, the Site and the other PTP Services provided by Pit TicketPro (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that is provided and owned by Users and Clients, all Materials contained on any of the PTP Services are the property of Pit TicketPro or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Pit TicketPro or its affiliates and/or third-party licensors. Except as expressly authorized by Pit TicketPro, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Pit TicketPro reserves all rights not expressly granted in these Terms.
Pit TicketPro shall own and have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Pit TicketPro Services, the Site or any of the other PTP Services.
You agree to indemnify, save, and hold Pit TicketPro, its affiliated companies, members, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any of the other PTP Services or any of the Content, any violation by you of these Terms or any breach of the representations, warranties and covenants made by you herein. Pit TicketPro reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Pit TicketPro, and you agree to cooperate with Pit TicketPro’s defense of these claims. Pit TicketPro will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
18.1 NO WARRANTIES.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PIT TICKETPRO AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “PIT TICKETPRO PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE SITE AND THE OTHER PTP SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PIT TICKETPRO PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE SITE OR THE OTHER PTP SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PIT TICKETPRO PARTIES OR THROUGH THE PIT TICKETPRO SERVICES, THE SITE OR THE OTHER PTP SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
18.2 “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”.
YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND ANY OF THE OTHER PTP SERVICES, AND ANY DATA, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR ANY OF THE OTHER PTP SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
18.3 SITE OPERATION.
THE PIT TICKETPRO PARTIES DO NOT WARRANT THAT THE CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY OF THE OTHER PTP SERVICES, OR ANY THIRD-PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
18.4 ERRORS, INACCURACIES AND OMISSIONS.
Occasionally there may be information on the Site or on the other PTP Services that contain typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or the other PTP Services is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or the other PTP Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any of the other PTP Services, should be taken to indicate that all information on the Site or on any of the other PTP Services has been modified or updated.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY PIT TICKETPRO, THE PIT TICKETPRO PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY OF THE OTHER PTP SERVICES OR ANY THIRD-PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
18.6 HARM TO YOUR COMPUTER.
YOU UNDERSTAND AND AGREE THAT YOU PROCURE OR USE THE PIT TICKETPRO SERVICES OR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE OR ANY OF THE OTHER PTP SERVICES OR ANY THIRD-PARTY SITES, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
19.1 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE PIT TICKETPRO PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS THE SITE OR ANY OF THE OTHER PTP SERVICES OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE SITE, THE MATERIALS, OR CONTENT ON THE SITE OR THE OTHER PTP SERVICES OR ANY OTHER INTERACTIONS WITH PIT TICKETPRO, EVEN IF PIT TICKETPRO OR A PIT TICKETPRO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PIT TICKETPRO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19.2 LIMITATION OF DAMAGES.
IN NO EVENT WILL THE PIT TICKETPRO PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE AND THE OTHER PTP SERVICES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO PIT TICKETPRO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.
19.3 RELEASE FOR DISPUTES BETWEEN USERS.
If you have a dispute with any other Users or other third parties, you release Pit TicketPro and the other Pit TicketPro Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.”
19.4 THIRD PARTY SITES.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY USING ANY THIRD-PARTY TOOLS OR BY REASON OF ANY PIT TICKETPRO SERVICES OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PIT TICKETPRO AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE PTP SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
19.5 BASIS OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT PIT TICKETPRO HAS OFFERED THE SITE AND THE OTHER PTP SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PIT TICKETPRO, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PIT TICKETPRO. PIT TICKETPRO WOULD NOT BE ABLE TO PROVIDE THE PIT TICKETPRO SERVICES, THE SITE OR ANY OF THE OTHER PTP SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
19.6 LIMITATIONS BY APPLICABLE LAW.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
You agree not to import, export, re-export, or transfer, directly or indirectly, any Pit TicketPro Services or any part of the Site or any of the other PTP Services or any underlying intellectual property, information or technology except with Pit TicketPro’s prior written approval and in full compliance with all United States, foreign and other applicable export control laws and regulations.
Pit TicketPro may provide you with notices, including those regarding changes to these Terms and the Pit TicketPro Services, by email, regular mail or postings on any of the PTP Services. Notice will be deemed given twenty-four hours after the email is sent, unless Pit TicketPro is notified that the email address is invalid. Alternatively, Pit TicketPro may give you legal notice by mail to a postal address, if provided by you through any of the PTP Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on any of the PTP Services is deemed given 30 days following the initial posting.
The failure of Pit TicketPro to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Pit TicketPro.
21.3 DISPUTE RESOLUTION.
If a dispute arises between you and Pit TicketPro, the goal is to provide you with a neutral and cost-effective methods of resolving the dispute quickly. Accordingly, you and Pit TicketPro agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Site or any of the other PTP Services (a “Dispute”) will be resolved in accordance with this Section 21.3 or as Pit TicketPro and you otherwise agree in writing. Before resorting to these dispute methods, Pit TicketPro strongly encourages you to first contact Pit TicketPro directly to seek a resolution.
The parties hereby irrevocably and unconditionally agree that service of process in any such Dispute may be effected by mailing a copy of such process by certified mail, postage prepaid, to such party at the address provided by such party.
Any dispute arising between Pit TicketPro and you regarding the Pit TicketPro Services shall be resolved in accordance with the MSA.
(a) Choice of Law. THESE TERMS SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS, THE SITE OR ANY OF THE OTHER PTP SERVICES.
(b) Arbitration and Class Action Waiver.
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
(i) Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND PIT TICKETPRO (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS, THE SITE OR ANY OF THE OTHER PTP SERVICES INCLUDING WITHOUT LIMITATION, YOUR RIGHTS OF PRIVACY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S APPLICABLE RULES FOR ARBITRATION AND YOU AND PIT TICKETPRO HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND PIT TICKETPRO WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any such arbitration shall be in English and be held in Austin, TX and the number of arbitrators shall be one (1). Except as otherwise required by law, the parties and the arbitrator agree to keep confidential and not disclose to third parties any information or documents obtained in connection with the arbitration process, including the resolution of the Dispute. You may bring claims only on your own behalf.
NEITHER YOU NOR PIT TICKETPRO WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST PIT TICKETPRO INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Pit TicketPro is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 21.3(b) is found not to apply to you or your claim, you and Pit TicketPro agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the applicable procedural rules of, the federal or state courts of Travis County, TX. Both you and Pit TicketPro irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Pit TicketPro may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) Survival. This arbitration agreement will survive the termination of your use of any of the PTP Services or your relationship with Pit TicketPro.
(c) 30 Day Right to Opt Out. Clients have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 22.3 above by sending written notice of your decision to opt-out to Pit TicketPro’s contact information listed at the bottom of these Terms. The notice must be sent to Pit TicketPro within thirty (30) days of the earliest of your initial procurement of any Pit TicketPro Services, creating an account or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 22.3. If you opt-out of these arbitration provisions, however, we also will not be bound by them.
(d) Improperly Filed Disputes. All claims you bring against Pit TicketPro must be resolved in accordance with this Section 21.3. All claims filed or brought contrary to this Section 21.3 shall be considered improperly filed. Should you file a claim contrary to this Section 21.3, Pit TicketPro may recover attorneys’ fees and costs up to $15,000, provided that Pit TicketPro has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pit TicketPro without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your use of the Site or any of the other PTP Services, or your relationship with Pit TicketPro, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4.4, 4.5, 5 and 9 - 21.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
21.8 ENTIRE AGREEMENT.
21.9 NO AGENCY.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
21.10 GEOGRAPHIC RESTRICTIONS
Pit TicketPro is based in the state of Texas in the United States. Pit TicketPro makes no claims that the Pit TicketPro Services, the Site or any of the other PTP Services or any of the content is accessible or appropriate outside of the United States. Procurement or use of the Pit TicketPro Services or access to the Site and the other PTP Services may not be legal by certain persons or in certain countries. If you procure or use the Pit TicketPro Services or access the Site or any of these other PTP Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Pit TicketPro with respect thereto.
The Pit TicketPro Services, the Site, and the other PTP Services are offered by Pit TicketPro located at: 1404 E. Riverside Drive, Building B, Austin, TX 78741 and email: email@example.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
© 2018 Pit TicketPro, Inc.