Effective Date: 06/06 2018.
- Welcome! This Website was created to allow devoted fans to purchase a reservation if that user’s team qualifies for a National Championship game.
- Rather than purchase a ticket through regular means (and for thousands of dollars), RiskIt users purchase a reservation (each, a “Reservation”) and, if that user’s team of choice moves on to the National Championship game, the user receives a ticket to that game!
- A Reservation is only redeemable if your chosen team qualifies for, and is officially scheduled to participate in, the National Championship game.
- A ticket to the actual National Championship game is provided to the original Reservation purchaser and can be transferred or gifted to whoever you choose.
You may have the option to create an account to participate in certain features of the Website. If you are under the age of 18, you are not permitted to register as a user or otherwise submit personal information to RiskIt. If you create an account, you agree to provide, maintain and update true, accurate, current, and complete information about yourself in the registration process. You must not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. Doing so will result in your immediate termination from the Website without warning, and without refund. You also agree to promptly notify RiskIt with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.
2. Warranty and Indemnification
3. User Content
By posting or uploading User Content to this Website, you are granting RiskIt permission to use the User Content in connection with the Website. By submitting User Content, you also grant RiskIt the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion.
4. Limitations of Liability
IN NO EVENT SHALL RISKIT OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED IN ANY WAY TO ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF RISKIT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR ITS CONTENTS IS TO CEASE ALL OF YOUR USE OF THE WEBSITE. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, RiskIt’s liability is limited to the greatest extent permitted by law.
You expressly agree that use of the Website is at your sole risk. RISKIT IS NOT RESPONSIBLE IN ANY WAY FOR, NOR WILL RISKIT GET INVOLVED IN, ANY EVENTS, ACTS, OR CONDUCT THAT TAKES PLACE OUTSIDE OF THE WEBSITE. This includes, but is not limited to, any acts, omissions, or negligence that occurs at or outside of a ticketed sporting event. The Website and any information or service provided through the Website is provided on an “as is” and “as available” basis. No content located on or accessed through the Website, including, but not limited to, User Content, is intended to, nor does it constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. To the fullest extent permitted by applicable law, RiskIt makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. RiskIt shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of this Website. RISKIT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES 1) LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS WEBSITE, 2) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, 3) THAT THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE WEBSITE WILL BE ACCURATE OR RELIABLE, 4) THAT THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE WEBSITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR 5) THAT ANY ERRORS IN ANY TEXT, SOFTWARE, OR CODE UTILIZED BY THE WEBSITE WILL BE CORRECTED. RISKIT DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Public Forums
Public forums may become available through your use of the Website. You acknowledge that public forums offered on the Website are for public and not private communications. If you use a public forum on the Website and disclose personally identifiable information, you should be aware that such information could be read, collected or used by other users. RiskIt is not responsible for the personally identifiable information you choose to submit through public forums. You are and shall remain solely responsible for the content you post on these forums and the Website and for the consequences of submitting and posting the same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Website is at your own risk.
8. Compliance with Laws and Prohibited Uses
You will comply with all applicable laws regarding your use of the Website. You assume all knowledge of applicable law and are responsible for compliance with all such laws. You are prohibited from using the Website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You are further prohibited from:
- Sharing your username and/or password with any other user or any third-party;
- Posting or transmitting material through the Website that violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property right, right to privacy, right of publicity, or personal, contractual, proprietary or other third-party right of RiskIt or any other person or entity;
- Posting or transmitting material through the Website that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing or otherwise objectionable;
- Posting or transmitting material through the Website that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
- Posting or transmitting material through the Website that is an advertisement for goods or services or a solicitation of funds;
- Posting or transmitting material through the Website that includes personal information of others such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- Posting or transmitting material through the Website that contains a formula, instruction, or advice that could cause harm or injury; material that is a chain letter or could facilitate mail abuse or unsolicited email of any type (“spam”); or
- Posting or transmitting material through the Website where the licensed use of that material by RiskIt would result in RiskIt having any obligation or liability to any party.
9. Intellectual Property
10. Personal and Non-Commercial Use of Website. The Website, and all Intellectual Property located in the Website, is for your personal and non-commercial use, unless otherwise specified. You may not use any Intellectual Property, or any service provided by the Website, for any other purpose, including any commercial purpose, without the prior express written permission of RiskIt. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works (or “spin-offs”) from -- or transfer, sell or otherwise exploit or infringe on -- any portion of the Website, or on any intellectual property rights related to any Intellectual Property, or any products, or services obtained from or otherwise transmitted through the Website. Any violation of this Section will be grounds for termination, with or without notice and without refund, and all other available legal action.
11. Submission of Information
13. Restrictions on Use by Minors
If you are under 18, you may use this Website only under the supervision of a parent or legal guardian. This Website is not intended or designed to attract children under the age of 13. RiskIt does not collect personally identifiable information from any person RiskIt actually knows is a child under the age of 13.
14. Denial of Access
15. Modifications and Interruption to Service
RiskIt will in good faith endeavor to provide uninterrupted service to the Website, but you acknowledge and accept that RiskIt does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of RiskIt’s control.
16. Third Parties and Third-Party Sites
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that RiskIt is under no obligation to become involved. If there is such a dispute, you hereby release RiskIt and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
17. Choice of Law; Governing Jurisdiction of the Courts of Nevada; Venue
18. Other Terms
- Price and Payment Terms. Pricing is subject to change without notice. RiskIt reserves the right to limit quantities. Prices displayed on the Website are subject to final approval at the time of order fulfillment. Your total price for any Products purchased will be stated on your purchase receipt. Terms of payment are within RiskIt’s sole discretion and, unless RiskIt agrees otherwise in writing, payment must be received by RiskIt prior to RiskIt’s acceptance of an order. Payments must be made by credit card or debit card via PayPal, Apple Pay, or Google Pay. Prices are based on U.S. currency. You agree to pay all fees, shipping charges, and taxes, if applicable. Orders are not binding on RiskIt until accepted by RiskIt, and RiskIt reserves the right to decline the acceptance of any order, including, without limitation, in the event the price of the Products is a mistake. Any price quotations given by RiskIt will be valid for the period stated on the quotation. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay, unless you provide RiskIt with a valid and correct tax exemption certificate.
- Taxes. In states where RiskIt has no physical presence, RiskIt is not required to collect and remit sales tax for purchases through this Website. Many states, however, require that their residents file a sales or use tax return for items purchased online. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. RiskIt uses reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but RiskIt does not guarantee the accuracy of the amount of the tax it represents to you as the tax owed. In consideration of RiskIt’s allowing you to use and access this Website and collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect, and you agree to hold RiskIt and its officers, directors, affiliates, parents, subsidiaries, employees, agents and representatives harmless for any harm or other damages you may incur as a result of any error by RiskIt in calculating the taxes you owe for your purchases.
- Shipping and Title. RiskIt will arrange shipping of the Products to your address. Title to the Products passes to you upon delivery to the carrier, and risk of loss passes to you on delivery to your address. The costs of shipping and handling will be shown on your purchase receipt. RiskIt will inform you of estimated shipment dates. All Products will be shipped within thirty (30) days. If, for any reason, a Product cannot be shipped within thirty (30) days, RiskIt will notify you of the delayed shipment. If you do not consent to the delayed shipment, RiskIt will promptly refund all money paid by you for the unshipped merchandise.
- Inspection of Products Upon Receipt. You must examine the Products when you receive them. If any item is damaged or missing, you must notify RiskIt immediately. RiskIt will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery.
- Product Availability and Descriptions. RiskIt may revise and discontinue Products at any time. RiskIt will ship you Products that have the functionality and performance of the Products you ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Product availability is subject to change without notice. RiskIt reserves the right to limit quantities. RiskIt attempts to be accurate in its descriptions of Products. RiskIt does not warrant, however, that descriptions or Products or other content on this Website are accurate, complete, reliable, current or free from errors or omissions. Textures, finishes, colors, patterns, sizes, and other visual features of Products might display differently on your computer monitor than the items appear in hand. Images are shown for representational purposes only. If a Product offered by RiskIt is not as described, your sole remedy is to return it in unused condition.
- Return Policies and Exchanges. If you purchased Products directly from RiskIt, you may return them to RiskIt up to thirty (30) days from the date of the invoice for a complete refund of the purchase price. To return Products, you must email RiskIt at firstname.lastname@example.org to receive a Return Authorization Number. You must ship the Products to RiskIt in their original packaging, prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment. Returned Products must be in “as-new” condition, and all of the manuals, power cables and other items, if originally included with a Product, must be returned with the Products. Any returned Product shipped C.O.D., or without a Return Authorization Number visible on the exterior of the carton, may be refused by RiskIt. From time to time, RiskIt may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with RiskIt’s exchange policies in effect on the date of the exchange.
- Not for Resale. You agree and represent that, if you purchase Products, you are doing so for your own internal use only, and not for resale.
20. Contact Information