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Terms of Service

Welcome, and thank you for your interest in Ticket Hoss developed by Pit Pay Inc. (“Ticket Hoss,” “we,” or “us”) and our mobile application and website at www.tickethoss.com, along with our App (defined below), related websites, networks, applications, and other services provided by us (collectively, the “Service”). These Terms (defined below) are a legally binding contract between you and Ticket Hoss regarding your use of the Service. These Terms contain waivers, limitations of liability, and indemnification provisions for the benefit of Ticket Hoss, as well as for the benefit of certain other third parties related to Events (defined below) or Venues (defined below) for which you are using the Service (see Section 3 below).

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PIT PAY'S PRIVACY POLICY (TOGETHER, THESE “Terms”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND TICKET HOSS'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY TICKET HOSS AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PIT PAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 18.)

1. TICKET HOSS SERVICE OVERVIEW

1.1 General Overview. Ticket Hoss makes available a mobile app called “Ticket Hoss” (the “App”) that provides a simple way for operators (“Operators”) of participating race tracks, recreational facilities, and other participating venues (each a “Venue”) to grant you a revocable license for authorized entrance (a “Ticket”) to allow you to attend activities and events held at the Venues (each, an “Event”). Ticket Hoss provides the App and related services to Operators to manage the purchase of Tickets by Event attendees (each, an “Attendee”). If you purchase a Ticket through the App, you must have your phone with you to display the Ticket to enter a Venue.

1.2 Disclaimer. Ticket Hoss itself is not the owner or operator of any Venues and each Operator is solely responsible for making sure all of its Events comply with all applicable laws. Ticket Hoss makes no representations or warranties as to the quality, safety, or legality of any Event or Venue.

2. ELIGIBILITY

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from any part of the Service; and (c) your registration for and your use of the Service is in compliance with any and all applicable laws and regulations. If you have been permanently barred from entering a Venue or are currently suspended from a Venue, you may not purchase a Ticket for that Venue through the App.

3. ASSUMPTION OF RISK AND TERMS OF REVOCABLE SEAT LICENSE

3.1 Your use of the App is specifically conditioned on your agreement to, in addition to the other terms in the Terms, the following Assumption of Risk and Revocable Seat License. Also, by your acceptance and/or use of a Ticket for the Event at the Venue, the Ticket Holder (“Holder”), on behalf of himself/herself and any minor(s) accompanying Holder (“Minor”), agrees to the terms contained herein. Holder and Minor together are referred to herein as (“Releasors”).

WARNING: Releasors acknowledge and assume all risks and dangers associated with the Event or any other promotions or activities before, during or after the Event (“Event Activities”), acknowledge that attendance is voluntary, and further agree that Ticket Hoss, Operator, Venue, promoters, participants, racing associations, sanctioning organizations, or any subdivision thereof, track owners, officials, competition vehicle owners, drivers, pit crews, rescue personnel, sponsors, advertisers, owners and lessees of the Venue, premises and event inspectors, and all related entities and affiliates, together with their respective owners, officers, directors, employees, agents, licensees, sponsors, and vendors (collectively, the “Released Parties”), will not be responsible for any personal injury (including death), illness, property damage, or other loss suffered in connection with the Event Activities, including the negligence of any of the Released Parties or any other incidents caused by the Event Activities or crowds of people. By attending the Event Activities, Releasors are deemed to have given a full release of liability to the Released Parties to the fullest extent permitted by law from any and all claims which Releasors have or may have for causes of action arising out of attendance at, observation of and/or participation in the Event Activities.

ILLNESS: Releasors acknowledge and understand that the Released Parties, and in particular the Venue and the Event Activities organizers, abide by all applicable federal, state and local guidelines and orders relating to the Venue and/or Event Activities, including without limitation preventative measures put in place to reduce the spread of COVID-19; however, the Released Parties cannot and will not guarantee that any persons present or in attendance at the Venue or Event Activities will not become exposed to or infected with COVID-19 or any other communicable disease or illness, some of which may carry a risk of suffering severe personal injury and/or death, despite reasonable efforts to mitigate such dangers. Releasors hereby release, waive, discharge and covenant not to sue the Released Parties from all liability to the Releasors, including Releasors' personal representatives, assigns, heirs, and next of kin, for any and all loss or damage, and any claim or demands therefor, on account of Releasors contraction of any communicable illness or disease, including COVID-19, arising out of or in any way related to the Venue, the Event Activities and/or Releasors' attendance at the Event Activities, whether caused by the negligence of the Released Parties or otherwise.

REVOCABLE TICKET LICENSE

HOLDER'S CONDUCT. The revocable license granted by any Ticket will be terminated, and ejection, detention or arrest may result for any Releasor violating any law or any Operator or Venue policy, including entering or throwing anything onto the racing surface, offensive language or disruptive behavior. Releasors consent to health and security searches and/or screening and waive all related claims, and also consent to health-related conditions for attendance, including any requirements pertaining to the wearing of masks and/or social distancing. The resale of any Ticket in violation of applicable law, regulation or the policies of the Operator or Venue, and/or their designated agents will invalidate the license granted by such Ticket and Releasors assume all risks associated with the purchase of any Ticket from unauthorized sources.

Releasors shall at all times abide by any and all rules, regulations, restrictions, guidelines and/or policies of any of the Released Parties while at the Venue, including any area of the Venue requiring special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited (the “Restricted Areas”). The Releasors further hereby agree to reimburse the Released Parties for any and all reasonable expenses incurred by the Released Parties as a result of any damage caused by Releasors while at the Venue and/or in Restricted Areas.

REJECTION AND EJECTION. Those found to be in violation of this Code of Conduct may be subject to ejection without refund. Violations may result in the loss of ticket renewal privileges to future events and/or arrest.

MINOR INVITEES. Should Holder bring Minor(s) to the Event Activities (and such Minor(s) is permitted to enter the Event Activities), Holder hereby acknowledges and agrees that the Released Parties shall not be responsible for the care and safety of Minor(s) at the Event. Holder assumes the responsibility of watching and caring for the safety of such Minor(s) and guarding such Minor(s) against hazards and risks at all times while attending the Event Activities.

If Holder does not wish to or is not authorized to grant such rights, releases and waivers on behalf of a Minor(s) as contained in this Section 3 of these Terms, Holder should immediately leave the Venue with the Minor(s).

Tickets shall not be used for advertising, promotion (including contests), or for other trade purposes. Each Ticket is only good for the particular Event indicated and no part of the purchase price will be refunded by the non-use of the Ticket. All Event Activities are subject to modification and cancellation. The Released Parties are not responsible for lost, stolen or duplicated Tickets.

ADVERTISING AND PROMOTION RELEASE. The Released Parties, their duly authorized agents and assigns, may use, on a non-exclusive basis, unless otherwise provided in a separate written agreement, Releasors' name and likeness, including photographs, audio/visual content, images and sounds of Releasors, in any medium for promoting, advertising, or marketing the Venue, the Event Activities, the Released Parties, or related advertising, promotion, telecast or programming, and Releasors do hereby relinquish to the Released Parties in perpetuity all rights thereto for such purpose.

BROADCAST AND OTHER RIGHTS. Releasors acknowledge that the Released Parties, as applicable, exclusively and in perpetuity own any and all rights to broadcast, transmit, film, tape, capture, overhear, photograph, collect or record by any means, process, medium or device, whether or not currently in existence, all images, sounds and data arising from or during the Event Activities and that the Released Parties, as applicable, are and shall be the owners of any and all intellectual property rights worldwide in and to these works. Releasors shall not transmit or aid in transmitting any images, videos, audio, livestreams or other accounts or descriptions about the Event Activities in any media. Releasors consent to and waive compensation for use of their images or other personality rights in connection with the Event Activities.

3.2 Additional Releases, Waivers, and Other Terms. When purchasing a Ticket for a particular Event or otherwise using the App to register to attend or participate in a particular Event, you may also be required to agree to additional releases, waivers, or other terms for that Venue or Event, each of which are, when agreed to by you (through purchase of a Ticket that references those terms or otherwise indicating your acceptance to those terms via the App) hereby incorporated into these Terms.

4. ACCOUNTS AND REGISTRATION

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, date of birth, address, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a verification code that was sent to your mobile device. You are solely responsible for maintaining the confidentiality of your account, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@tickethoss.com.

5. FEES

5.1 General Terms. Certain features of the Service may require you to pay fees. These fees are solely in consideration of the purchase of Tickets and Ticket Hoss's provision of the Service, including the ability to agree to Agreements via the App. Your attendance at the Events, Event Activities, or use of the Venues is not conditioned on your use of the Service or payment of fees to Ticket Hoss. If you wish to attend an Event or use the Venues without using the App, please contact the Operator directly for an alternative form of admission. Transactions for Events held in the United States are in U.S. dollars, and likewise, Events held in Canada are in CAD. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable.

5.2 Price. Ticket Hoss reserves the right to determine pricing for the Service. Ticket Hoss will make reasonable efforts to keep pricing information published on the website up to date. Ticket Hoss may change the fees for any feature of the Service, including changes to add additional fees or charges, if Ticket Hoss gives you advance notice of changes before they apply.

5.3 Authorization. You authorize Ticket Hoss and its payment processors to charge all sums for the orders that you make through the Service as described in these Terms or otherwise published by Ticket Hoss, including all applicable taxes, to the payment method specified in your account.

6 - 20. ADDITIONAL TERMS

Sections 6 through 20 of these Terms cover Licenses, Ownership, Third Party Terms, User Content, Communications, Prohibited Conduct, DMCA, Modification of Terms, Termination, Indemnity, Disclaimers, Limitation of Liability, Dispute Resolution and Arbitration, Miscellaneous provisions, and Notice Regarding Apple. These sections contain substantially similar provisions to industry-standard terms of service. For the complete text of these sections, please contact us at support@tickethoss.com or write to us at Pit Pay Inc. dba Ticket Hoss, 7168 Weddington Rd., Suite 148, Concord, North Carolina 28027.

Key points include:

  • Ticket Hoss grants you a limited, revocable license to use the Service for personal use.
  • You may not reproduce, distribute, or reverse engineer the Service.
  • The Service is provided “as is” without warranties.
  • Ticket Hoss's aggregate liability is limited to the greater of $100 or the amount you paid in the prior 12 months.
  • Disputes will be resolved by binding arbitration in Mecklenburg County, North Carolina.
  • These Terms are governed by the laws of the State of North Carolina.
  • Contact: support@tickethoss.com or 7168 Weddington Rd., Suite 148, Concord, North Carolina 28027.