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Terms of Use
 

RallySource Website Terms of Use Welcome to the RallySource website (the “Website”) offered by RallySource, Inc.. (“RallySource”). For the purposes of these Terms of Use, references to RallySource include its affiliates, directors, and employees. The Website provides general information about RallySource, the RallySource ticketing platform and various RallySource services, and allows RallySource clients (“Clients”) to submit information to inquire about or purchase a subscription to RallySource’s platform and associated services (“RallySource Services”). Please read these Terms of Use, our privacy policy https://www.rally-source.com/privacy-policy carefully before accessing or using any part of this Website or using or purchasing any of the RallySource Services. By accessing or using this Website, you agree that you have read, understand and agree to be bound by and adhere to these Terms of Use, as amended from time to time, without limitation or qualification. RallySource may modify or supplement these Terms of Use at any time without notice by posting the amended terms to this Website. Your continued use of the Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website. COPYRIGHT - The information and materials contained in or presented through the Website and RallySource Services, including but not limited to text and images herein (excluding certain images licensed from third parties) and their arrangement are © copyright 2023 by RallySource, Inc. The information and materials contained on the Website or within the RallySource Services may not be copied, displayed, distributed, licensed, modified, published, sold, used to create derivative work or otherwise used for public or commercial purposes without the express written permission of RallySource. INFORMATION SUBMISSIONS - All information and materials (including but not limited to feedback data, documents, questions, comments, and suggestions) you submit to us via the Website, RallySource Services, or e-mail shall be deemed to be the property of RallySource and may be used by us in a manner consistent with our Privacy Policy. We shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute this information and materials to others without limitation. Furthermore, we shall be free to use any ideas, concepts, know-how or techniques contained in such information or materials for any purpose whatsoever. ADVERTISING DISCLOSURE AND LINKS TO OTHER INTERNET WEBSITES OR REFERRALS TO EXTERNAL VENDORS – RallySource does not provide, endorse, nor guarantee any third-party product, service, information, or recommendation available through links from the Website, RallySource Services, or provided by support services via email, fax or telephone or any other method. Third parties providing products and services available through the Website or RallySource Services are not affiliated with RallySource and are solely responsible for their products, services, information, recommendations, and all other content on their Websites. By using the Website and/or following a link to a third-party website or product, you hereby agree that RallySource shall not be held liable for any third party's failure with regard to such advertised products, services, and benefits. By responding to offers indicated on this Website, RallySource Services or through referral made by any other method, you may be communicating information about yourself to the company that provides such product or services - for example, that you are a RallySource Client. Please be aware that third parties may have a different privacy policy and/or terms of use than RallySource. Third-party websites may also provide less security than RallySource. RallySource encourages you to check individual offers, products, and services to become familiar with any applicable policies, restrictions or conditions. Prohibited Conduct. You expressly agree to refrain from doing, either personally or through an agent, any of the following: a.Use any device or other means to harvest information about other users of the Website or RallySource Services. b.Transmit, install, upload or otherwise transfer any virus or other item or process to the Website that in any way affects the use, enjoyment or service of the Website. c.Post or store on the Website any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights). d.Transmit, install, upload or otherwise transfer to the Website any unauthorized advertisement or communication. e.Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States. f.Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. RallySource reserves the right to bar any such activity. g.Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website, or reverse look-up, trace or seek to trace any information on any other user or any other customer of RallySource, including any RallySource account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website. ACCOUNT INFORMATION AND SECURITY. If you establish an account at the Website in order to use the RallySource Services or purchase products or receive information from RallySource or its Clients, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Website and you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, you agree to accept responsibility for all activities that occur at the site under your account and password. INDEMNIFICATION. You agree to defend, indemnify and hold harmless RallySource, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website or RallySource Services. LIMITATION OF LIABILITY RallySource is not responsible for interruptions or errors in the Website or RallySource Services. From time to time RallySource may amend, change, add, delete, update or alter the information and/or functionality of the Website, including information, or the products and services described and offered on or through the Website, without notice. RallySource assumes no liability for any errors or omissions in the processes, information or materials provided on or through the Website or RallySource Services and expressly disclaims any responsibility to update the processes, information or materials contained on or within the Website. RALLYSOURCE PROVIDES ALL INFORMATION AND RALLYSOURCE SERVICES, INCLUDING WITHOUT LIMITATION, THE WEBSITE, "AS IS" WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. RALLYSOURCE DISCLAIMS ALL RESPONSIBILITY FOR OUR CLIENTS, OUR CLIENT’S CUSTOMERS, OUR TICKET BUYERS, AND ANY OF THEIR ACTS AND OMISSIONS. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL RALLYSOURCE, INC. OR ITS EMPLOYEES, OR OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE WEBSITE OR RALLYSOURCE SERVICES WHETHER OR NOT RALLYSOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RallySource’s maximum aggregate liability with respect to any claim arising from or related to the Website shall in no event exceed the sum of one hundred dollars. THE FOREGOING LIMITATION OF LIABILITY AND REMEDY SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF RALLYSOURCE INC. AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL BE LIMITED TO THE MINIMUM LAWFUL AMOUNT. VENUE AND GOVERNING LAW - These Terms of Use and the relationship between you and RallySource shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and RallySource agree to submit to the personal and exclusive jurisdiction of the courts located within Travis County, Texas. The failure of RallySource to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Website Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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