Tao Group Hospitality Ticket Purchase Terms.
Ticket Purchase Terms
1. Acceptance of Terms
Venue Driver reserves the right to modify these TTOU at any time in our sole discretion, which shall be effective immediately upon posting on this website. If any modification is unacceptable to you, your should not use our service. Your continued use of our service following any modification will constitute binding acceptance of the changes.
3. Description of the Service
Venue Driver acts as the sales agent for tickets and/or VIP Table Packages on behalf of those who provide and/or promote entertainment events, such as the artists, artists’ representatives and fan clubs, venues where events are held, and promoters (collectively and individually referred to as an “Event Promoter”). Venue Driver sells tickets on behalf of the Event Promoter and does not determine the ticket prices for an event. As part of its service, Venue Driver handles the ticket sales transaction and collects payment on behalf of the Event Promoter (collectively referred to as the “Service”). Venue Driver may offer additional services, which may change from time to time, and Venue Driver may change or eliminate existing features, change nomenclature, and make other changes at any time, which will be subject to these TTOU. Venue Driver utilizes Stripe as a payment processor.
4. Use of the Service
Use of this Service is void where prohibited. For events in which you must be twenty-one (21) years old or older to enter , you must be at least twenty-one (21) years old to use this Service. For events in which there is no age restriction to enter, you must be at least eighteen (18) years old to use this Service. You must comply with all of the TTOU, all applicable laws, rules, and regulations whenever you use this Service.
5. Ticket Purchase
For all events occurring in the United States, the ticket price will be stated in U.S. Dollars. Venue Driver accepts payment by most major credit cards and debit cards, such as Visa, MasterCard, American Express, and Discover. All payment information is transferred via an SSL (Secure Socket Layer) connection. This functionality is denoted by a padlock symbol at the bottom of your browser and secures transmission of the encrypted data.
You may be limited to a certain number of tickets when purchasing tickets from Venue Driver. This limit on tickets is set by the Event Promoter, in its sole discretion, and is posted during the purchase process and will be verified during each transaction. If you are a member of an Event Promoter’s fan club, you may be allowed access to certain tickets or ticket packages. Event Promoter, in its sole discretion and without prior notification to you, reserves the right to block your access to or cancel your ticket order if it: (i) is associated with any ticket broker or scalper, (ii) utilizes automated means to process or place ticket orders, (iii) exceeds the stated ticket limit, (iv) is purchased for purposes other than to attend the event, or (v) has violated the terms of the Event Promoter’s membership rules. Event Promoter will direct Venue Driver to refund the total face value of the tickets you purchased to the credit or debit card you used to purchase such cancelled tickets.
The Event Promoter reserves the right to modify its ticket prices from time to time. Notwithstanding the foregoing, if the amount you pay for a ticket is incorrect, regardless of whether because of an error in a price posted by Venue Driver or Event Promoter or otherwise communicated to you, or you are able to order a ticket before its scheduled sale or presale date, or you are able to order a ticket that should not have been released for sale, then Venue Driver and/or Event Promoter have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid.
Venue Driver and/or Event Promoter reserve the right, in their sole discretion, to refuse to transact with you if fraudulent use of your credit or debit cards is suspected. Venue Driver and/or Event Promoter reserve the right, in their sole discretion, to refuse to transact with you if you reside in any country where fraudulent use of credit or debit cards is considered to be an excessive risk.
6. Specific Additional Terms for Nightlife Table Reservations
If your purchase includes a Pre-Paid Table or Table Package, please note that Gratuity, Venue Fee, Sales Tax and Live Entertainment Tax (where applicable), are NOT included in the package price. Additional people in your group will result in additional cost. All reservations must be made using a major Credit Card, such as Visa, MasterCard, American Express, and Discover. No personal checks are accepted. Your reservation will be confirmed via email, and your credit card will be processed and charged for 100% of your Table Package, plus Venue Fee, Venue Driver Surcharge, Sales Tax and Live Entertainment Tax (where applicable). All sales are final. No transfers.
7. Warning Regarding Nightclubs and Dayclubs
All or designated areas of the venue may be subject to amplified music and sound levels, as well as strobe, lighting and other special effects, including flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, and laser projections. Women who are pregnant and individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by amplified sound levels or these special effects should consider this warning before entering the venue, as these may cause or induce seizures, hearing problems and other health conditions. By entering the venue, you assume any and all risks, whether expressly set forth herein, as well as, any other risks and dangers incidental or in any way relating to your presence in the venue, including risks that are not foreseeable, such as any and all risks arising from or relating to the acts or omissions of others (including artists or venue attendees). You assume all risks of personal injuries relating to your presence in the venue, whether such injuries occur during or subsequent to your attendance at the venue.
8. Check-In Policy for Nightlife Pre-Paid Tables and Table Packages
IN ORDER TO BE GRANTED ACCESS, YOU MUST PRESENT YOUR CONFIRMATION PRINTOUT CONTAINING YOUR SECURITY BARCODE OR DISPLAY IT ON YOUR PHONE SCREEN FOR SCANNING, ALONG WITH A GOVERNMENT-ISSUED PHOTO ID MATCHING THE NAME ON THE BARCODE CONFIRMATION AND THE CREDIT CARD USED FOR THE TABLE PURCHASE.
BECAUSE THE CREDIT CARD USED FOR THE TABLE PURCHASE MUST BE PRESENTED UPON ENTRY, ALL INDIVIDUALS WHOSE ENTRY WAS PAID FOR ON THE SAME CREDIT CARD MUST ENTER TOGETHER, WITH THE CREDIT CARD HOLDER WHO PURCHASED THE TABLE, UNLESS OTHERWISE MUTUALLY AGREED BY THE CARDHOLDER AND THE VENUE IN WRITING. GUESTS NOT COMPLYING WITH THIS CHECK-IN POLICY WILL NOT BE ADMITTED.
NO FURTHER CHARGES TO THE CREDIT CARD USED FOR PURCHASE WILL BE PERMITTED WITHOUT THE CARDHOLDER BEING PRESENT. AT THE TIME YOUR TABLE IS SAT, YOU WILL BE REQUIRED TO PROVIDE THE SAME OR A DIFFERENT CREDIT CARD FOR INCIDENTALS (INCLUDING BUT NOT LIMITED TO GRATUITY).
FOR TABLE PACKAGES, IF YOU CHECK IN AFTER MIDNIGHT AND YOUR TABLE HAS BEEN RELEASED BUT OTHER TABLES OF EQUAL OR LESSER VALUE ARE STILL AVAILABLE, YOU MAY BE SAT AT SUCH ALTERNATE TABLE. IF YOU CHECK IN AFTER MIDNIGHT AND YOUR TABLE HAS NOT BEEN RELEASED TO OTHER GUESTS, YOU MAY STILL BE SEATED AT YOUR TABLE. TABLE LOCATION IS ASSIGNED UPON ARRIVAL AND IS NOT GUARANTEED IN ADVANCE. THERE ARE NO REFUNDS FOR TABLE PACKAGES.
FOR PRE-PAID TABLES, IF YOU CHECK IN AFTER MIDNIGHT FOR NIGHTCLUBS, OR AFTER NOON FOR DAYCLUBS, AND YOUR TABLE HAS BEEN RELEASED BUT OTHER TABLES OF EQUAL OR LESSER VALUE ARE STILL AVAILABLE, YOU MAY BE SAT AT SUCH ALTERNATE TABLE. IF YOU CHECK IN AFTER MIDNIGHT FOR NIGHTCLUBS OR AFTER NOON FOR DAYCLUBS, YOUR TABLE HAS BEEN SOLD AT A VALUE EQUAL OR GREATER TO THE AMOUNT YOU PAID, AND THERE ARE NO TABLES OF EQUAL OR LESSER VALUE AVAILABLE, YOU WILL RECEIVE A REFUND. IF YOU CHECK IN AFTER MIDNIGHT FOR NIGHTCLUBS OR AFTER NOON FOR DAYCLUBS, YOUR TABLE HAS BEEN SOLD FOR LESS THAN THE AMOUNT YOU PAID, AND THERE ARE NO TABLES OF EQUAL OR LESSER VALUE AVAILABLE, YOU WILL RECEIVE A PARTIAL REFUND CONSISTING OF THE AMOUNT YOU PAID FOR THE TABLE, MINUS THE DIFFERENCE BETWEEN THE AMOUNT YOU PAID FOR THE TABLE AND THE AMOUNT FOR WHICH THE TABLE WAS RESOLD. IF YOU CHECK IN AFTER MIDNIGHT FOR NIGHTCLUBS OR AFTER NOON FOR DAYCLUBS, AND YOUR TABLE HAS NOT BEEN RELEASED TO OTHER GUESTS, YOU MAY STILL BE SEATED AT YOUR TABLE. IF YOU FAIL TO CHECK IN AND YOUR TABLE IS NOT RESOLD, YOU WILL NOT RECEIVE ANY REFUND. TABLE LOCATIONS WITHIN THE SECTION PURCHASED ARE ONLY GUARANTEED IF YOU CHECK IN PRIOR TO MIDNIGHT (NIGHTCLUBS) OR NOON (DAYCLUBS).
9. Check-In Policy for Nightclubs and Dayclubs – VIP Bar Cards, General Admission, Weekend Packages or Las Vegas Party Pass
IN ORDER TO BE GRANTED ACCESS AND PICK-UP YOUR VIP BAR CARD, YOU MUST PRESENT YOUR ELECTRONIC TICKET PRINTOUT CONTAINING YOUR SECURITY BARCODE OR DISPLAY IT ON YOUR PHONE SCREEN FOR SCANNING VALIDATION, ALONG WITH A GOVERNMENT-ISSUED PHOTO ID MATCHING THE NAME ON THE TICKET, AND THE CREDIT CARD USED FOR THE TICKET PURCHASE.
BECAUSE THE CREDIT CARD USED FOR THE VIP BAR CARD TICKET PURCHASE MUST BE PRESENTED UPON ENTRY, ALL INDIVIDUALS WHOSE ENTRY WAS PAID FOR ON THE SAME CREDIT CARD MUST ENTER TOGETHER, WITH THE CREDIT CARDHOLDER WHO PURCHASED THE TICKETS. TICKET HOLDERS NOT COMPLYING WITH THIS CHECK-IN POLICY WILL NOT BE ADMITTED AND THE ELECTRONIC TICKETS WILL NOT BE REFUNDED. IF YOU FAIL TO PICK UP YOUR VIP BAR CARD ON THE DAY OF THE EVENT, THE CREDIT CARDHOLDER WHO PURCHASED THE VIP BAR CARDS MAY E-MAIL HAKKASAN NIGHTCLUB BARCARDREQUEST@HAKKASANLV.COM OR OMNIA NIGHTCLUB BARCARDREQUEST@OMNIANIGHTCLUB.COM TO REQUEST THAT THE VIP BAR CARD(S) BE MADE AVAILABLE FOR PICK UP ON A SPECIFIED FUTURE DATE. SUCH E-MAIL MUST BE SENT AT LEAST 24 HOURS PRIOR TO THE SPECIFIED DATE FOR PICK UP.
PLEASE ALSO SEE THE TICKET CONDITIONS/DETAILS ON YOUR E-TICKET CONFIRMATION FOR ADDITIONAL PICK-UP AND REDEMPTION INSTRUCTIONS, WHEN APPLICABLE.
FOR GENERAL ADMISSION, WEEKEND PACKAGES OR LAS VEGAS PARTY PASS, IN ORDER TO BE GRANTED ACCESS, YOU MUST SUBMIT YOUR ELECTRONIC TICKET PRINTOUT CONTAINING YOUR SECURITY BARCODE OR DISPLAY IT ON YOUR PHONE SCREEN FOR SCANNING VALIDATION, ALONG WITH A GOVERNMENT-ISSUED PHOTO ID MATCHING THE NAME ON THE TICKET. THE UNIQUE BARCODE CONTAINS THE TOTAL QUANTITY OF TICKETS PURCHASED FOR EACH ONLINE TRANSACTION. ONLY ONE PRINTOUT IS NECESSARY IF ALL GUESTS ARRIVE AT THE SAME TIME.
10. Specific Additional Terms for a Restaurant Package
If your purchase includes a Restaurant Package, please note that the ticket price does not include Gratuity, Venue Fee (where applicable), or Sales Tax, which will be collected in advance at check out. Additional people in your group will result in additional cost. All reservations must be made using a major Credit Card, such as Visa, MasterCard, American Express, and Discover. No personal checks are accepted. Your reservation will be confirmed via email, and your credit card will be processed and charged for 100% of your Restaurant Package including Gratuity, Venue Fee (where applicable), Sales Tax and Live Entertainment Tax (where applicable). All sales are final. Due to limited availability of Restaurant Packages, NO refunds will be issued.
11. Purchase Confirmation
If you do not receive a confirmation e-mail containing your electronic ticket after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with customer service whether or not your order has been placed. Venue Driver and Event Promoter will not be responsible for losses (monetary or otherwise) if you believe that an order was or was not placed because you failed to receive confirmation.
For support please submit a support request to: email@example.com
12. Entry to Event
You agree to present government-issued photo identification to gain entry to an event. Mexico Matricula Consular IDs, United States issued IDs stamped “Not For Identification”, International Student IDs, International Drivers Documents (License), Handwritten Passports, and Passports issued when you were a child or teen will not be accepted.
You agree that each ticket you purchase is a license to attend a specific event and is subject to the additional terms printed on that ticket. You agree that you will not attempt to evade, avoid, or circumvent those additional terms in any manner with regard to any ticket purchased by you. Event Promoter or its agents, affiliates, and authorized representatives reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct Event Promoter or its agents, affiliates, or authorized representatives deem disorderly, who uses vulgar or abusive language or who fails to comply with Event Promoter rules. Breach of terms or rules will terminate your license to attend the event without refund. Event Promoter or its agents, affiliates, and authorized representatives reserve the right to refuse admission for any other reason by issuing a refund to you for the ticket’s face value paid. A ticket is not redeemable for cash.
To gain entry to an event, you must consent to a search of you and your belongings and waive any related claims that may arise. If you elect not to give consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain venue rules, you agree that certain items may not be brought into the venue, including without limitation, firearms, weapons, alcohol, drugs, controlled substances, cameras, recording devices, bags, backpacks, and containers. You agree that an object considered to be a weapon will be confiscated prior to entry.
Event Promoter reserves the right to change event dates, times, venues and subject matter, which are listed on the ticket.
13. Refunds and Exchanges
You agree to carefully examine your order prior to completing the purchase transaction. Unless otherwise stated in these TTOU, all sales are final. The Event Promoter generally prohibits Venue Driver from issuing refunds or exchanges, including for lost, stolen, damaged, destroyed, or invalidated tickets. Without limiting the generality of the foregoing, you agree not to dispute or otherwise seek a “chargeback” from the credit card company you used to make your purchase from Venue Driver. Should you do so, you agree that your purchase may be cancelled, and Venue Driver may, in its sole discretion, refuse to honor pending and future purchases made from the credit card account on which such chargeback has been made, and may prohibit all persons in whose name the credit card account exists from using the Service.
If Venue Driver issues you a refund, it will issue a refund of the face value paid. In no event will any other fees or amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to make the purchase. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.
14. Cancelled Events and Postponed Events
The Event Promoter reserves the right to cancel or postpone an event. Cancelled and/or postponed events will, at the Event Promoter’s sole discretion, be rescheduled within twelve (12) months of the date of the original event, or a refund or ticket exchange will be offered. Venue Driver is not obligated to issue a refund except to the extent that the Event Promoter (1) instructs Venue Driver to issue a refund, and (2) provides Venue Driver with the ticket funds necessary to issue refunds. In order to receive a refund or an exchange that may be offered, you agree to comply with the Event Promoter’s instructions or deadlines. Venue Driver will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed event.
15. Recording, Transmission and Exhibition
You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to Venue Driver, Hakkasan Holdings, LLC, and their subsidiaries, parent entities, and partners to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
16. Re-Sale of Tickets; Commercial Purposes
You agree that unlawful resale of Event Promoter tickets is grounds for seizure and cancellation without refund. You agree that a ticket shall not be used for commercial purposes, including, but not limited to advertising, promotions, contests or sweepstakes, unless the Event Promoter and Venue Driver give prior written authorization of such use.
17. Venue Driver Intellectual Property Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Venue Driver and/or its affiliates own the intellectual property rights to any and all protectable components of the Software and Service, including but not limited to the name, logo and/or slogans of the Service (trade names, trademarks, service marks), artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation
You may not copy, sell, resell, modify, adapt, reproduce, distribute, reverse engineer, decompile, exploit, make derivatives, dissemble any aspect of the Service, or engage in similar activities.
18. Representations and Warranties
You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you to make a purchase. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to use or make a purchase with the Service.
You agree to indemnify and hold Venue Driver, Hakkasan Holdings, LLC, and each of their respective subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your breach or violation of the TTOU, your violation of any rights of another, or your conduct at the event.
20. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VENUE DRIVER AND EVENT PROMOTER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT.
VENUE DRIVER AND EVENT PROMOTER MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VENUE DRIVER AND/OR EVENT PROMOTER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TTOU.
21. Limitation of Liability
GUESTS EXPRESSLY ASSUME ALL RISK INCIDENTAL TO THE EVENT, AND AGREE THAT HAKKASAN HOLDINGS, LLC, VENUE DRIVER, LLC, THEIR SUBSIDIARIES, PARENT ENTITIES, AND PARTNERS, AND ALL OF THEIR MANAGERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (“RELEASEES”), ARE HEREBY RELEASED FROM ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE EVENT, INCLUDING CLAIMS OF NEGLIGENCE, WHETHER RESULTING IN DAMAGE TO PERSON OR PROPERTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RELEASEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATED TO, OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL RELEASEES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO VENUE DRIVER FOR THE SERVICES. YOU AGREE THAT RELEASEES ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY EVENT PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT THE EVENT. YOU AGREE TO ASSUME ALL RISKS INCIDENTAL TO THE EVENT, WHETHER BEFORE, DURING OR AFTER THE EVENT, AND YOU AGREE TO WAIVE ANY CLAIMS FOR PERSONAL INJURY OR DEATH AGAINST RELEASEES ON BEHALF OF YOURSELF TO THE MAXIMUM EXTENT ALLOWED BY LAW.
22. Dispute Resolution, Arbitration Agreement and Class Action Waiver
Please Read This Following Clause Carefully
It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
(1) Initial Dispute Resolution
We are available by email at the address provided in the “How to Contact Us” Section to address any concerns a user may have regarding the Site. Most concerns may be quickly resolved in this manner. For any dispute you have with Company, you agree to first contact us and attempt to resolve the dispute with us informally and directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
(2) Agreement to Binding Arbitration.
If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section “Initial Dispute Resolution” above, then either party may initiate binding arbitration.
All claims arising out of or relating to these Terms and/or your use of the Site shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association in accordance with the provisions of the Consumer Arbitration Rules of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879.
TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEED THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. IF WE ARE REQUIRED TO PAY THE ADDITIONAL COST OF THE FILING FEES, YOU SHOULD SUBMIT A REQUEST FOR PAYMENT OF FEES TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY THE NECESSARY FEES DIRECTLY TO AAA. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
(3) Class Action and Class Arbitration Waiver.
You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(4) Exception – Small Claims Court Claims.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(5) Exception – Public Injunctive Relief.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek public injunctive relief in a court of law. “Public injunctive relief” means relief that by and large benefits the general public, and that benefits the claimant, if at all, only incidentally or as a member of the general public.
(6) Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Clark County, Nevada (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in the State of Nevada for any litigation other than small claims court actions.
23. General Information
This TTOU and any applicable additional terms and conditions, each as amended from time to time, constitute the entire understanding between the parties in relation to the subject matter and supersede all prior discussions, agreements and representations, whether oral or written and whether or not executed by you or Venue Driver. No modification, amendment or other change may be made to this TTOU by you unless reduced to writing and executed by an authorized representative of Venue Driver. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may not assign this TTOU or any rights or obligations of yours under this TTOU, in whole or in part, without the express written consent of Venue Driver. Venue Driver may freely assign this TTOU. The TTOU and the relationship between you and Venue Driver shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Clark County, Nevada, and you explicitly consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Las Vegas, Nevada. The failure of Venue Driver to exercise or enforce any right or provision of the TTOU shall not constitute a waiver of such right or provision. If any provision of the TTOU 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 the TTOU 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 the use of the Service or the TTOU must be filed within two (2) years after such claim or cause of action arose or be forever barred. The section titles in the TTOU are for convenience only and have no legal or contractual effect.
Venue Driver LLC
8395 W Sunset Road
Las Vegas, NV 89113