Terms of Use


TERMS OF USE

 

Effective Date: 06/06 2018.

 

Introduction

 

Welcome to RiskIt! The Terms of Use set forth below (the “Terms of Use”) constitute the standards of use of the website riskittickets.com (the “Website”), operated by RiskIt LLC (a Nevada Limited Liability Company) (“­­­­­­RiskIt”).  RiskIt reserves the right, at any time, to modify, alter, or update these Terms of Use.  Modifications shall become effective immediately on being posted on the Website.  Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications.  Except as provided in this paragraph, these Terms of Use may not be amended.

 

Summary

 

  • 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.
  • By browsing, accessing, linking, using and/or downloading information from the Website, you agree to these Terms of Use.  If you are using the Website on behalf of another person, you represent that you are authorized to accept these Terms of Use on that person’s behalf.  If you do not agree to these Terms of Use, you may not use the Website.

 

Additional Terms

 

1.      Accounts

 

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

 

You warrant and represent that all content added to the Website by or at the behest of you or your agents or representatives, including, without limitation, messages, text, files, images, graphics, photos, comments, information, payment processing details, and/or other materials (“User Content”) is free of third-party claims and does not infringe or violate the rights of any third party.  By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content.  You will indemnify and hold RiskIt and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of the warranties and representations herein, your use of the Website, the violation of these Terms of Use, or infringement by you, or other user of the Website using your computer, of any intellectual property or any other right of any person or entity.  You will cooperate as fully as reasonably required in the defense of any claim.  RiskIt reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without RiskIt’s written consent.

 

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.

 

RiskIt may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in its sole discretion. You have no right to maintain or access your User Content on the Website, and RiskIt has no obligation to return your User Content or otherwise make it available to you unless otherwise stated in the Privacy Policy.

 

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.

 

5.      Disclaimer.

 

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.

 

6. Waiver

 

RiskIt’s failure to insist on or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right, or of any subsequent breach.  RiskIt may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in its sole discretion. Any waiver of these Terms of Use by RiskIt must be in writing and signed by an authorized representative of RiskIt. You have no right to maintain or access your User Content on the Website, and RiskIt has no obligation to return your User Content or otherwise make it available to you once your access to the Website has terminated, unless otherwise required or stated to the contrary in the Privacy Policy.

 

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.

 

RiskIt reserves the right to refuse or terminate service, revoke access, refuse a refund, or otherwise take action against you for violation of this Section or any of these Terms of Use.

 

9. Intellectual Property

 

You acknowledge RiskIt’s exclusive rights in the RISKIT trademarks and service marks (the “Trademarks”). Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Website. All Trademarks, all text, files, designs, graphics, drawings, illustrations, images, photographs, video clips, music and sounds, and/or other materials and the selection and arrangements of the same (the “Intellectual Property”) are the sole and exclusive intellectual property of RiskIt or its content suppliers or licensors and is protected under applicable copyright, patent, trademark, and other proprietary rights. You may only use the Intellectual Property as expressly permitted by these Terms of Use. Any copying, redistribution, use, publication, or other exploitation by you of any Intellectual Property or any part of the Website is prohibited, except as expressly permitted in these Terms of Use. Systematic retrieval of data or other Intellectual Property from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from RiskIt is prohibited.

 

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

 

Although RiskIt may provide certain security in an effort to protect the electronic transmission of certain information that you submit to RiskIt through this Website, RiskIt does not guarantee the security of any information transmitted to or from this Website, including to or from any third-party websites linked to this Website.  Submission of any financial (e.g. credit card) or other information to this Website or to any third-party websites linked to this Website is entirely at your own risk and responsibility. All purchases are processed through Shopify, so you should familiarize yourself with Shopify’s Privacy Policy in addition to our own. 

 

12. Privacy Policy

 

Registration data, if any, and other personal information about you is subject to our Privacy Policy.  By using the Website, you consent to the collection and use of this information in accordance with the Privacy Policy.

 

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

 

RiskIt, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Website.  By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Website upon issuance of a denial.

 

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

 

The Website may include links to other sites on the Internet that are owned, operated, and/or maintained by online merchants and other third parties or advertisements by third parties.  You acknowledge that RiskIt is not responsible for the availability of, or the content located on or through, any third-party site and that your use of these third-party sites is at your own risk and that it is your responsibility to take all protective measures to guard against viruses and other destructive elements. RiskIt is not responsible for the content, operation or privacy practices of these other websites, nor does it operate, control, or endorse the content found on these third-party websites. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and RiskIt is not responsible therein.  If a third party links to the Website, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with RiskIt or the Website. RiskIt makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and you acknowledge that any reliance on representations and warranties provided by any vendor or other third party shall be at your own risk.  You assume sole responsibility for your use of third-party links. RiskIt is not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

 

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

 

The Website is operated and provided in the State of Nevada.  As such, RiskIt is subject to the laws of the State of Nevada.  Any legal issues arising from or related to your use of the Website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Nevada applicable to contracts entered into and wholly to be performed within Nevada.  The state and federal courts of Washoe County, Nevada, shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Use or the use of or visit to the Website.  By using the Website, and thereby agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the state and federal courts in Washoe County, Nevada, with respect to all such disputes. RiskIt makes no representation that the Website is appropriate, legal or available for use in other locations.  Accordingly, if you choose to use the Website, you agree to do so subject to the internal laws of the State of Nevada.

 

18.  Other Terms

 

Nothing contained in these Terms of Use or your use of the Website shall be construed to constitute you or RiskIt as a partner, joint venturer, employee or agent of the other, nor shall either you or RiskIt hold itself out as such.  Neither you nor RiskIt has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party. If any provision of these Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between RiskIt and you in relation to the Website.  The Privacy Policy is a binding part of these Terms of Use, and together with these Terms of Use (and including the Introduction and Summary) constitute the entire agreement between RiskIt and you with respect to your use of this Website.  Any cause of action you may have with respect to your use of this Website or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises.

 

21. Merchandise. In addition to the Terms of Use above, your purchase of any apparel or other merchandise (“Products”) are also governed by the following terms:

 

  1. 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.

 

  1. 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.

 

  1. 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.
  1. 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.

 

  1. 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.

 

  1. 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 info@riskittickets.com 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.

 

  1. 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.

 

  1. Warranty Disclaimer, Indemnity, and Limitation of Liability. For the avoidance of any doubt, the disclaimer of warranties, indemnification provisions, and limitations of liability in these Terms of Use, including, but not limited to, Sections 2, 4, and 5 above, apply to your purchase of Products.

 

20. Contact Information

 

If you have any questions regarding these Terms of Use, please contact us at info@riskittickets.com.