Log In

ATTENDEE TERMS OF SERVICE

Effective Date: March 10, 2026

ALMM Ventures, LLC (“Track Rabbit”, “our”, “us” or “we”) provides the Track Rabbit Services (as defined below) to facilitate the event registration of automotive and motorsports events on behalf of Organizers (as herein defined) through the Services to Users. Prior to utilizing the Services, you must review and agree to the following terms and conditions. In the event of a conflict between these Attendee Terms of Service and any other publication or communication sent by or on our behalf, these Attendee Terms of Service shall control

1.Binding Agreement.

You agree to abide by these Attendee Terms of Service and enter into a binding contract with Track Rabbit at the earlier of:

  1. When you register an account with the Services;
  2. When you register for an event (free or purchase optional events inclusive);
  3. When you purchase event merchandise, an event service (as defined by an Organizer), or make a donation to an event through the Services; or
  4. When you download any Application (as defined below), use, access, or browse any part of the Services.

If at any time you do not agree to these Attendee Terms of Service in whole or in part, you must cease use of the Services immediately and may not use or access the Services in the future unless and until you agree to these Attendee Terms of Service in their entirety. If you will be using or intend to use the Services on behalf of an entity, you agree to these Attendee Terms of Service on behalf of that entity, its affiliates, successors, and/or assigns, and represent expressly that you have the authority to do so (in such cases, "User", "you", "your", and any similar or related term shall apply to and refer to the Entity on whose behalf you are accessing the Services). Use of the Services will be considered by us as your actual and apparent authority to bind the Entity to these Attendee Terms of Service. If you do not have the applicable authority, or if you do not agree to these Attendee Terms of Service in whole or in part, cease use of the Services immediately and do not use or access the Services in the future unless and until you (and the Entity, if applicable) agree to these Attendee Terms of Service in their entirety. Please note that separate terms and conditions apply to Organizers using the Services to promote, organize, and/or provide registration for your events, please contact support@trackrabbit.com.

THESE ATTENDEE TERMS OF SERVICE INCLUDE A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST TRACK RABBIT FOR USERS LOCATED IN THE UNITED STATES; CERTAIN OTHER DISCLAIMERS OF WARRANTIES ON BEHALF OF TRACK RABBIT; AND A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST TRACK RABBIT ARISING OUT OF DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THE ABOVE REFERENCED PROVISIONS.

We reserve, at our sole discretion, the right to modify, update, replace, remove, or otherwise alter any of the terms, obligations, or conditions contained in these Attendee Terms of Service and the documents incorporated herein at any time and for any reason (collectively, "Modifications"). Modifications will be posted to the Track Rabbit website, or via email, in such a way that the most recent changes are plain and easily referenced for the convenience of the Users (as defined below). We may provide written notification of such Modifications through means such as email, notices posted within the Services, or such other means as we see fit. Such notification shall not be a requirement of these Attendee Terms of Service, and are purely provided as a matter of convenience for the Users. Modifications shall be considered in full force and effect the earlier of fifteen (15) days after their initial posting to the Track Rabbit website, or such other date as communicated to you, except that changes addressing new functions of the Services or which do not impose any additional burdens or obligations on Users which will be effective immediately. IT IS YOUR RESPONSIBILITY TO CHECK THESE ATTENDEE TERMS OF SERVICE FROM TIME TO TIME FOR MODIFICATIONS. Your continued use of the Services constitutes your acceptance of any Modifications after the date on which they come into full force and effect. If at any time these Attendee Terms of Service become not acceptable to you due to Modifications, you must cease accessing and utilizing any and all Services immediately, and you may not use the Services for any purpose in the future unless and until you agree to these Attendee Terms of Service and all Modifications in their entirety. These Attendee Terms of Service may not be modified other than as provided for in this section.

While we may translate these Attendee Terms of Service and/or related documents and agreements into languages other than English for the convenience of Users, your use of the Services shall be governed strictly in accordance with the English language version of each applicable document and agreement in the event of a conflict between the parties thereto. In the event of any conflict between the English language version of these Attendee Terms of Service and a translated version in any other language, the English language version shall prevail.

2.The Services.

Track Rabbit's services (collectively, the "Services") include:

  1. Our websites and domain names, including but not limited to trackrabbit.com, and any and all related websites, pages, sub-domains, domain variants to account for global use of the Services, any and all subparts to such websites, and any and all functionality on a User website which integrates the foregoing into the User's website (collectively the "Track Rabbit Site");
  2. Any and all services provided for on and/or through the Track Rabbit Site, or otherwise provided by Track Rabbit (including any application development or programming interface, or code provided by Track Rabbit to be embedded by end users into their own website(s));
  3. Any and all paid or free mobile applications (the "Applications") that are offered, provided, and/or maintained by Track Rabbit, to the extent the terms of service of the Applications do not conflict with these Attendee Terms of Service (in the event of a conflict, the terms of service of an individual application shall control); and
  4. Other to be defined features, services, applications, etc. that may be added to the Services in the future.

3.Users.

The Services provides a platform that enables automotive and motorsport tracks and event organizers (the "Organizers") to coordinate and promote their events through streamlined event registration and ticket processing. Users (the "Attendees") may then search for and register for events online. Within these Attendee Terms of Service, any reference to "Users" or "Attendees" shall solely have the meaning of Attendees.

4.Scope.

The remainder of this document contains our Attendee Terms of Service Agreement ("Attendee Terms of Service"). These Attendee Terms of Service shall govern all of the Services, subject to your acceptance to these Attendee Terms of Service without modification, amendment or assignment. These Attendee Terms of Service shall additionally be construed to include and incorporate by reference the following:

  1. Privacy Policy
  2. Any and all other agreements contemplated by and entered into between Track Rabbit and a User

5.Conditions of Use.

The following section contains many of the rights and obligations you have when making use of the Services ("Conditions of Use," "Conditions"). We take adherence to these Conditions seriously, and have spent considerable effort to make sure we create an ecosystem that is healthy for all Users. If you notice any User behaving in a way that could be considered a violation of these Conditions, please contact support@trackrabbit.com as soon as possible.

We hereby grant Customers a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Services for the purpose of finding and registering for event. All use of the Services must comply with these Attendee Terms of Service including without limitation the Track Rabbit Privacy Policy, and in a way that complies with applicable federal, state, and local laws. No User's license shall permit you or any other User to copy, modify, reproduce, translate, localize, port, or create a copy or derivative of any of the Services. Additionally, attempting to reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure of any or all parts of the Services, except as permitted by applicable law, shall be viewed as a direct violation of these Attendee Terms of Service. You shall not rent, lease, resell, distribute or otherwise utilize the Services for any purpose not contemplated by these Attendee Terms of Service or exploit the Services in a manner that could be construed as unauthorized or unintended. You shall not alter or remove any and all proprietary notifications or labels in or on the Services, nor shall you engage in any activity that disrupts or affects the availability of the Services by other Users. Any right not expressly granted in these Attendee Terms of Service is reserved.

6.Use Free of Charge.

Utilizing the Services to create accounts, list events and access the Services is free of charge; we solely charges when they perform a gate check-in at an event or in the event they cancel their registration and a cancellation fee applies, after registering through the Services. The registration fees a User pays are therefore not the same as the payments made by Track Rabbit to Organizers in its capacity as a limited payment collection agent. Fees charged by Track Rabbit are typically to cover operating costs incurred in the provision of the Services, but may include profits and, in some cases, loss. We have no control over fees charged by banks, credit card companies, etc., including currency conversion fees. Check with your bank or credit card company prior to any purchase to ensure an intimate understanding of all applicable fees, charges, rates, and surcharges.

7.Nature of Transactions; Refunds.

Track Rabbit acts as a limited payment collection agent on behalf of Organizers to facilitate payment processing for event tickets and registration. This means that all financial transactions are in fact between Attendees and Organizers, and not with Track Rabbit. Refund policies (including "no refund" policies) are required in order for Organizers to use the Services, and you are encouraged to seek out a refund by directly contacting the applicable Organizer. In the event that an Organizer fails to comply with their own refund policy, or respond to a request for a refund, you may contact support@trackrabbit.com and we will pursue the matter according to our Merchant Services Agreement with the Organizer. Notwithstanding the foregoing, we assume and will have no liability for an Organizer's failure to provide a refund or our failure to mediate a dispute between Attendees and Organizers.

8.Email and Electronic Messaging.

We enable you to contact other Users, and may enable you to contact third parties via email. Your use of this aspect of the Services means that you represent, agree to, and warrant the following:

  1. That you have the right and authority needed to send email and electronic messages to your intended recipients, and that doing so will not violate any applicable law;
  2. That your use of the Services to send email and electronic messages is in compliance with spam and email laws, rules, and regulations;
  3. That your use of the Services to send email and electronic messages is in compliance with these Attendee Terms of Service, including without limitation the Track Rabbit Privacy Policy;
  4. That you will not attempt to deceive or mislead Users through use of the Services;
  5. That you will identify applicable email and electronic messages as advertisements or as commercial in nature; and
  6. That you will not attempt to contact any User who has opted out of receiving messages through the Services from you.

If you fail to abide by the above requirements, or if we receive sufficient notice and complaint from Users regarding your use of the Services to send email and/or electronic messages, or if you otherwise violate these Attendee Terms of Service, we reserve the right to suspend or limit access to the Services in addition to any legal recourse which may apply.

9.Account Registration.

In order to make full use the registration aspects of the Services, you must create an account that includes certain pieces of personal information. You assert that you will provide true, accurate, and complete information about yourself, any entity that you might represent, and to maintain and update in a timely fashion any information which might change. In the event of a dispute arising from the veracity of an account or account ownership, we reserve the right to mediate such dispute at our sole discretion, and any decision arising out of the execution of such right shall be final and binding on all involved.

10.Password Security.

The confidentiality and security of your password and account details are solely your responsibility, as are any actions or activities arising out of your account's interaction with the Services. In the event that someone uses your account or password without your authorization, you agree to notify us immediately to ensure the safety of our Users.

11.Age Restrictions.

To ensure the safety, security and privacy of children, you must be at least the legal age of majority where you reside to use the Services.

12.Content.

Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, likenesses, or other material ("Content"). You are responsible for the Content that you post on or through the Services, including its legality, factual accuracy, reliability, and appropriateness.

By posting Content on or through the Services, you represent and warrant that: (i) the Content is owned exclusively by you and/or you have the right to use it and the right to grant us the right and license as provided in these Terms, and (ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or other intellectual property right.

You retain any and all of your rights to any Content you submit, post, display, or make available on or through the Services and you are responsible for protecting those rights. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR CONTENT YOU OR ANY THIRD-PARTY POSTS ON OR THROUGH THE SERVICES. By posting Content using the Services you grant us the right and license to use, reasonably modify, publicly perform, publicly display, reproduce, and distribute such Content on and/or through the Services. You agree that this license includes the right for us to make your Content available to other Users of the Services, who may also use your Content subject to these Terms.

We hereby reserve the right, but not the obligation, to monitor and delete all Content that does not conform to these Attendee Terms of Service and/or violates relevant law or the rights of third parties.

In addition, Content found on or made available through the Services are considered the property of Track Rabbit and/or used by Track Rabbit with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

13.Community Guidelines.

Our goal in creating these guidelines is to ensure that Users have the optimal experience with the Services, cultivating a healthy social environment. The following are some important guidelines for using the Services.

  1. Adult Content. We prohibit accounts that promote or distribute offensive material, including but not limited to visual and/or written pornography, blood, gore, and violence. We reserve the exclusive right to determine whether any Content is considered “offensive” within the meaning of these Terms.
  2. Nudity or Sexually Suggestive Content Involving Minors. Nude or sexual content involving, or suggesting the involvement of, minors or persons incapable of giving consent, including situations where the User who created or made such Content available is the subject thereof. Prohibited Content in this category includes drawings as well as inappropriate captions of otherwise non-sexual imagery.
  3. Illegal Content. Use of the Services for illegal purposes is strictly prohibited.
  4. Invasion of Privacy. Use of the Services to invade the privacy of another is strictly prohibited, and is punishable by permanent ban, strictly enforced, in addition to any legally mandated reporting.
  5. Threats and Violence. Use of the Services to threaten the life or wellbeing of another, directly or indirectly, including but not limited to harassment and bullying, whether of Users who you know personally or any other person, brand, or organization, is prohibited.
  6. Harassment and Bullying. We don't tolerate bullying or harassment on the Services.
  7. Impersonation. Don't state or imply that you are, are an agent or representative of, or are endorsed or promoted by, someone you are not – including friends, family, celebrities, brands and other organizations – unless you are that person or entity, or have the authority to present yourself as their agent, representative, endorsee, etc.
  8. Hate Speech and Discrimination. Use of the Services to demean, defame, or promote any form of discrimination (including but not limited to discrimination based on race, ethnicity, national origin, religion, sexual orientation, gender and/or gender identity, disability, or veteran status) is strictly prohibited.
  9. Promotion of Terrorism. We prohibit content that promotes any form of terrorism, punishable by permanent ban, strictly enforced, in addition to any legally mandated reporting.
  10. Spam. We maintain a zero-tolerance policy with respect to spam messages.
  11. Facilitation or Participation in Gambling. Gambling, gaming, lotteries, raffles, contests, and similar uses are prohibited uses of the Services.
  12. Resale. Track Rabbit is not a platform for reselling tickets you have purchased as an Attendee.
  13. External Sales. Organizer may not utilize the Services for event promotion only. Events promoted through the Services must utilize the Services for all registration as well.
  14. Data Collection. You may not use the Services to collect personal information from other Users, such as insurance, social security information, payment or financial information, etc.
  15. Stalking. In addition to harassment, use of the Services to stalk any User is strictly prohibited.

If you violate these guidelines, or such other rules or guidelines as we make available and publicly known to Users, we reserve the right to remove the offending Content, terminate your account, and/or notify law enforcement. If your account is terminated for violating these Attendee Terms of Service and/or these guidelines, you may not use the Services again. While we strive to ensure these guidelines are adhered to by all Users, we are not an insurer or guarantor of User safety, and our failure to enforce any or all guidelines shall not constitute a waiver of our ability to do so in the future, and nothing in these Attendee Terms of Service shall be construed to express or imply such a waiver.

14.Our Rights for Content Violation.

We reserve the right to monitor, and/or remove any Content you post to, generate with, or make available through the Services in the event that we believe said Content violates the Attendee Terms of Service or applicable law. In the exercise of these rights, we reserve the right to, but shall not be obligated to: 1) notify you of a need to alter or remove your Content, with a reasonable timeframe for doing so, prior to removal or alteration by us; 2) notify the applicable legal authorities in the event that we believe your violation of the Terms of Use is in violation of applicable law; 3) directly and immediately alter or remove your Content in order to limit our liability and/or comply with applicable law; 4) preserve a copy of your Content, even if you remove or alter it in order to mitigate our risk and/or comply with applicable law, court order, etc.; 5) reasonably pursue matters involving our rights, property, and personal safety (of both our employees and Users, and the public at large), including but not limited to the prevention of fraud. You acknowledge and agree to the rights contemplated by this Condition. Our failure to exercise any of the above rights shall not constitute a waiver of our ability to do so in the future, and nothing in these Attendee Terms of Service shall be construed to express or imply such a waiver.

15.Cross-Promotion.

Track Rabbit offers a growing ecosystem of products and services to the motorsports and automotive enthusiast community. We reserve the right, from time to time, to cross-promote these products and services through content on the Services to generate interest and facilitate their use. If you are interested in learning more, please visit aliveplatforms.com or contact support@aliveplatforms.com.

16.Adjustments to the Services.

We may, from time to time, make adjustments to the quality and content of the Services, including the addition, removal, and modification of certain features available to Users. We are not responsible or liable for the impacts to you for such additions, modifications and/or removals, and do not guarantee or warrant the continued functionality of the Services as-is at the time you register an account. Because the fees Organizers pay to us are solely based on transactions and payment processing, no refunds shall be issued for fees already due to us at the time of an addition, modification, or removal of any feature.

17.Third-Party Content.

We are not responsible for third-party Content that is posted or linked to through the Services by Users. We will maintain a high level of care with regard to exercising the rights afforded in these Attendee Terms of Service as such rights and guidelines may pertain to third-party Content posted by or linked to by Users. Additionally, we expressly are not responsible for the availability of third-party Content, are not responsible or liable for any third-party Content or links, and are not responsible or liable for loss or damages related to the use of third-party Content or links, regardless as to whether such Content or links are connected with User profiles, event registration pages, partners, or service providers.

In the event that you link your User account with a third-party account (e.g. social media), you acknowledge our right to access, store, and make available the Content you have provided to that third-party account in the same manner as if it were provided to your Track Rabbit registered account directly, in as much as such information (including personally identifiable information) is available through the Services.

18.Prohibitions - Merchants.

You hereby represent and warrant that:

  1. You are not located in and are not a resident of any country subject to an embargo by the US, UK, EU, Australia, or Canada (a "Prohibited Country"); and
  2. You are not a person or entity affiliated with a person or entity that appears on the US OFAC's Specially Designated Nationals List, Foreign Sanctions Evaders List, or Palestinian Legislative Council List, the US Department of State's Terrorist Exclusion List, the Bureau of Industry and Security's Denied Persons List, the UK Treasury's Consolidated List of Targets, the AU Department of Foreign Affairs and Trade's Consolidated List, or is subject to sanctions in any country (a "Prohibited Person"); and
  3. You are not prohibited from accessing, nor have had your merchant file terminated by any credit card scheme (a "Credit Prohibited Person").

If you cannot represent and warrant all of the above, you are considered a Prohibited Merchant and are not eligible to use the Services as they pertain to event organization and payment processing.

19.Prohibitions – Events.

The following events ("Prohibited Events") are prohibited from the Services, and you agree not to attempt to utilize the Services in connection with any type of event that:

  1. Violates or facilitates the violation of any law, rule or regulation;
  2. Would be prohibited by the rules, regulations and/or bylaws of any Payment Scheme;
  3. Would take place in a Prohibited Country; or
  4. Would otherwise violate the Attendee Terms of Service.

20.Prohibitions – Transactions.

The ofllowing transactions ("Prohibited Transactions") are prohibited under these Attendee Terms of Service, and you agree, warrant, and represent that you will not use the Services to facilitate or process any transactions or payments that:

  1. Violate the rules, regulations, and/or bylaws of any Payment Scheme;
  2. Are fraudulent or criminal in nature;
  3. Constitute a restricted transaction as that term is defined under the Unlawful Gambling Enforcement Act of 2006 and/or Regulation GG; and/or
  4. Constitute the transfer of funds from one party to another, other than for the purchase of bona fide tickets or registrations to events, or items/services related to such events as lawfully promoted through the Services.

21.Prohibitions – Remedies.

If we determine that you have conducted a Prohibited Transaction, utilized the Services in connection with Prohibited Events, and/or are a Prohibited Merchant, we may take one or more of the following actions, at our sole discretion:

  1. Suspension or termination of your account(s);
  2. Alteration, editing, or removal of a Prohibited Event;
  3. Blocking, reversing or refunding transaction(s);
  4. d. Putting an immediate hold on all funds and transactions associated with your account in accordance with applicable law; and
  5. Referral of you, your events, and/or your transactions and pertinent information thereto to our Payment Processor, credit card schemes or other payment schemes, and applicable law enforcement authorities for additional action.

Any failure by us to take any remedial action shall not constitute a waiver of our right to any remedial action under these Terms of Service, and all remedies listed herein may be taken in addition to any remedy available at law.

22.Term and Termination.

These Attendee Terms of Service shall be effective upon your agreement hereto and continue in perpetuity until terminated.

Except where otherwise agreed separately and in writing, in an agreement which specifically modifies or supersedes these Attendee Terms of Service, we may terminate your right to use the Services at any time for:

  1. Your violation or breach of these Attendee Terms of Service;
  2. Your misuse or abuse of the Services, as determined by our sole discretion; or
  3. Your access to and use of the Services would violate any applicable local, state, national or other law, rule, or regulation, or would otherwise expose us to legal liability.

We shall exercise reasonable efforts to provide Users with notice of any such termination, but are not required to provide actual notification to you thereof. You further agree that we shall not be liable to you or any third party for any such termination of your right to use or otherwise access the Services.

You may terminate your access to the Services, and your agreement to these Attendee Terms of Service by deleting your User account.

All provisions of these Attendee Terms of Service that by their nature should survive termination shall survive, including without limitation all limitations on liability, releases, indemnification clauses and obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum, and intellectual property rights and licenses.

23.Indemnification.

You agree to indemnify us and hold us harmless, and hold harmless our ifs affiliates, subsidiaries, successors and assigns and each of their respective officers, directors, agents, licensors, payment processing partners, partners, and employees (the "Released Parties") from any and all damage, loss, liability, cost, and expense, including without limitation reasonable attorney's and accounting fees resulting from any claim, demand, suit, proceeding, or investigation made by any third party (each of these a "Claim") due to or arising out of:

  1. Your breach of these Attendee Terms of Service, including without limitation the Track Rabbit Privacy Policy;
  2. Your improper use of the Services;
  3. Your breach of any applicable local, state, national or other law, rule, regulation, or the rights of any third party.

We shall exercise commercially reasonable efforts to notify you of any such Claim, provided that the failure or delay by us in providing such notice shall not limit User obligations hereunder, except to the extent such User is materially disadvantaged by such failure.

24.Disclaimer of Warranties.

WE PROVIDE THE SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE. IN DOING SO, WE ATTEMPT TO ENSURE THAT THE SERVICES ARE FREE OF BUGS, SAFE, AND GENERALLY AVAILABLE FOR USE BY USERS. HOWEVER, CERTAIN CIRCUMSTANCES SHALL NOT BE GUARANTEED OR PROMISED WITH REGARD TO THE SERVICES. TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS-IS", "WHERE-IS", AND "AS-AVAILABLE" BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FOR ILLUSTRATIVE PURPOSES, ONLY AND WITHOUT LIMITATION TO THE FOREGOING, WE MAKE NO WARRANTY THAT:

  1. THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  2. THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR
  3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USER-GENERATED CONTENT OR LISTING OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION, AND WE ARE NOT AFFILIATED WITH, AND HAVE NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY PROVIDER USED IN CONJUNCTION WITH THE SERVICES, EXCEPT AS EXPRESSLY DISCLOSED HEREIN, AND WE HAVE NO RESPONSIBILITY FOR, AND HEREBY DISCLAIM ALL LIABILITY ARISING FROM THE ACTS OR OMISSIONS OF ANY SUCH PROVIDER OR OTHER THIRD PARTY.

NOTHING IN THESE ATTENDEE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. ONLY THOSE LIABILITIES AND OTHER LIMITATIONS WHICH ARE LAWFUL IN THE USER'S JURISDICTION (IF ANY) SHALL APPLY TO THAT USER, AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

25.Limitation of Liability.

TO THE EXTENT PERMITTED BY LAW, TRACK RABBIT, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, LICENSORS, PAYMENT PROCESSING PARTNERS, PARTNERS, EMPLOYEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE ATTENDEE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE TRACK RABBIT PRIVACY POLICY, FOR:

  1. ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (REGARDLESS AS TO WHETHER TRACK RABBIT HAS BEEN NOTIFIED OF THE POTENTIAL OF SUCH DAMAGES);
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
  3. ANY OF YOUR CONTENT (AS DEFINED IN THE TERMS OF USE) OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES; OR
  4. ANY MATTERS BEYOND TRACK RABBIT'S REASONABLE CONTROL.

IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF AVLIE, ITS PAYMENT PROCESSING PARTNERS, LICENSORS, AND ANY APPLICABLE CARD SCHEMES FOR ALL DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES UNDER ANY LEGAL THEORY, WHETHER IN TORT CONTRACT OR OTHERWISE, WITH RESPECT TO, ARISING OUT OF, OR RELATED TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE ATTENDEE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE TRACK RABBIT PRIVACY POLICY, FOR:

  1. THE TOTAL AMOUNT OF ALL TICKETS OR REGISTRATIONS THAT YOU PUCHASED OR MADE THROUGH THE SERVICES IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM; OR
  2. IF YOU MADE NO SUCH PURCHASE, ONE HUNDRED U.S. DOLLARS ($100.00).

NOTHING IN THESE ATTENDEE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. ONLY THOSE LIABILITIES AND OTHER LIMITATIONS WHICH ARE LAWFUL IN A USER'S JURISDICTION (IF ANY) WILL APPLY TO THAT USER, AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Users hereby release us, our affiliates, subsidiaries, successors and assigns and each of their respective officers, directors, agents, licensors, payment processing partners, partners, employees from all damages (direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY 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 RELEASED PARTY."

26.Waiver of Class Action.

YOU AND TRACK RABBIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. NO REMEDY FOR CONFLICTS UNDER THESE ATTENDEE TERMS OF SERVICE AND/OR ANY DOCUMENT OR AGREEMENT INCORPORATED HEREIN BY REFERENCE SHALL CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.

27.Intellectual Property.

The trademarks, service marks, and logos of Track Rabbit used and displayed in connection with the Services ("Track Rabbit's Trademarks") are registered and unregistered trademarks or service marks of Track Rabbit. Other company, product, and service names used in connection with the Services, may be trademarks or service marks owned by third parties ("Third Party Trademarks"; collectively with Track Rabbit's Trademarks, the "Trademarks" and each a "Trademark"). The offering or use of the Services shall not grant, by implication, estoppel or otherwise, any right or license to any Trademark displayed in connection with the Services, without the prior written consent of the applicable Trademark owner. Trademarks may not be used to disparage any party, product, good, or service, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademark as part of a link to or from any site is prohibited unless we and/or the applicable Trademark owner approves the establishment of such a link through prior written consent for each such link. Any and all goodwill generated from the use of any Track Rabbit Trademark shall inure to our benefit.

Patents and patents pending may apply to the Services. The Content found on and through the Services is also protected by copyrights owned by Track Rabbit and/or third parties. Copying any portion of the Services, is in strict violation of such patents, patents pending, copyrights, and trademarks.

28.Procedure for Reporting Claims of Copyright Infringement.

We take claims of copyright infringement seriously. If you believe any materials accessible through the Services infringe your copyright or other intellectual property right, you may request removal of those materials by notifying our designated agent listed below in writing.

ALMM Ventures, LLC
ATTN: DMCA Claims Agent
44 West Gay Street
Suite 202
West Chester, PA 19380
302.778.1300
datadan@aliveplatforms.com.

To be effective, notices of infringement must include the following information:

  1. Your physical or electronic signature.
  2. Your address, telephone number, and email address.
  3. Identification of the copyrighted work you claim has been infringed upon, if multiple works are covered by the notification, a representative list of such works.
  4. Identification of the material you believe to be infringing, and any information reasonably necessary or sufficient to permit us to locate that material on the Services.
  5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  6. A statement that the information in the notice is accurate.
  7. A statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Notifications that do not comply with the foregoing procedure will not receive a response.

29.Notices.

Notices to you may be sent via email to the address provided by you and retained by us for such use. Notices provided by any other means, including through the Services, are strictly a matter of convenience unless noted otherwise in writing.

30.Entire Agreement.

These Attendee Terms of Service, including the documents hereto incorporated by reference, constitute the entire agreement between you and Track Rabbit, and govern the use of the Services by you. These Attendee Terms of Service, as modified or amended by us from time to time, supersede any prior or contemporaneous agreement, unless specified in writing.

31.Governing Law.

These Attendee Terms of Service and the provision of the Services are governed by the laws of the State of Delaware, without reference to principles of conflict of laws. In the event of any controversy or claim arising out of or relating to these Attendee Terms of Service, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association, under its Mediation Rules. If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three (3). The place of mediation and arbitration shall be Wilmington, DE. Delaware law shall apply. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

About Track Rabbit
Attendee Terms of Service
| ,
MORE FROM ALIVE™