Terms and Conditions

Terms and Conditions

Agreement between User and www.tailgreeter.com

Welcome to www.tailgreeter.com. The www.tailgreeter.com website and platform (together, the

"Platform") is comprised of various web pages operated by Tailgreeter LLC ("TAILGREETER"). The TAILGREETER Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the TAILGREETER Platform constitutes your agreement to all such Terms. Please read the Terms carefully, and keep a copy of them for your reference.

1. tailgreeter.com is an E-Commerce Platform.

TAILGREETER is a marketplace where hosts can invite guests to join them at a tailgate of any kind anywhere in the world. The guest in turn pays for a spot at the tailgate. The host can offer a wide array of amenities, food, and beverages for the guests to enjoy in exchange for charging them for a spot. TAILGREETER acts as the middle-man between the host and the guest and is not responsible for anything that happens after the introduction. TAILGREETER is also not responsible for any lost, stolen, or broken items. Hosts and guests are expected to handle all negotiations, as well as fulfill their ends of the bargain without the involvement of TAILGREETER. TAILGREETER acts as only the marketplace for hosts and guests, and is not responsible or does not host any tailgate themselves.

TAILGREETER hosts and guests are responsible for identifying, understanding, and complying with all laws, rules, and regulations. Hosts and guests may have to register with a local municipality, get a permit, or obtain a license before preparing food or serving alcohol. Hosts and guests are individually responsible for identifying, understanding, and complying with all applicable laws. TAILGREETER does NOT condone, support, or facilitate any underage consumption of alcohol or the use of any drugs or illegal substances. TAILGREETER is NOT responsible and/or liable for any overconsumption or any unlawful consumption of alcohol or the use of any drugs or illegal substances. TAILGREETER acts as ONLY the marketplace.

Please note that TAILGREETER has no control over the conduct of hosts and guests and disclaims all liability. Failure of hosts to satisfy their responsibilities may result in suspension of activity or removal from the TAILGREETER website and/or app.

2. Privacy

Your use of the TAILGREETER Platform is subject to TAILGREETER's Privacy Policy. Please review our Privacy Policy, located on our website at WWW.TAILGREETER.COM, which is incorporated herein by reference.

3. Electronic Communications

Visiting the TAILGREETER Platform or sending emails to TAILGREETER constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing.

4. Your Account

If you use this site, you are responsible for maintaining the confidentiality of your own account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TAILGREETER is not responsible for third party access to your account that results from theft or misappropriation of your account. TAILGREETER and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

5. Children Under Thirteen

TAILGREETER does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the TAILGREETER Platform only with permission of a parent or guardian.

6. Cancellation/Refund Policy

All sales are final and non-transferable to other events. Once a purchase is made, transaction fees are non-refundable under any circumstances. Refunds may be granted solely at the discretion of the event Host, if and only if the event Host provides a refund policy and purchaser is eligible for a refund. The Host refund policy will be available on the event listing page. Please review the event listing for the Host's specific refund policy.

If the event listing does not include a refund policy, then all sales are final and no refund shall be available.  We recommend reviewing the policy carefully before purchasing a reservation. 

Refund requests must be directed to the event Host. If a refund is approved, the refunded amount shall exclude any transaction fees.

Please note that failure to attend the event or locate the venue does not entitle you to a refund under any circumstances. For any questions, please contact us at [email protected].

Event Cancellation

Host hereby acknowledges and agrees that if the event is cancelled by Host for any reason, Host is liable to refund all purchases.

7. Links to Third Party Sites/Third Party Services

The TAILGREETER Platform may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TAILGREETER and TAILGREETER is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TAILGREETER is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TAILGREETER of the site or any association with its operators.

Certain services made available via the TAILGREETER Platform are delivered by third party sites and organizations. By using any product, service or functionality originating from TAILGREETER Platform, you hereby acknowledge and consent that TAILGREETER may share such information and data with any third party with whom TAILGREETER has a contractual relationship to provide the requested product, service or functionality on behalf of TAILGREETER Platform users and customers.

8. No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the

TAILGREETER Platform strictly in accordance with these terms of use. As a condition of your use of the Platform, you warrant to TAILGREETER that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.

All content included as part of the Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is the property of TAILGREETER or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Platform. TAILGREETER content is not for resale. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TAILGREETER and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TAILGREETER or our licensors except as expressly authorized by these Terms.

9. Use of Communication Services

The Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, discriminate against or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

TAILGREETER has no obligation to monitor the Communication Services. However, TAILGREETER reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TAILGREETER reserves the right to terminate your access to any or all of the Communication Services or the Platform at any time without notice for any reason whatsoever.

TAILGREETER reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TAILGREETER's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service or on the Platform. TAILGREETER does not control or endorse the content, messages or information found in any Communication Service and, therefore,

TAILGREETER specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TAILGREETER spokespersons, and their views do not necessarily reflect those of TAILGREETER.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

10. Materials Provided to www.tailgreeter.com or Posted on the Platform; License to Use Image and Likeness

TAILGREETER does not claim ownership of the materials you provide using the Platform (including feedback and suggestions) or post, upload, input or submit to the TAILGREETER Platform or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TAILGREETER, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. TAILGREETER is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TAILGREETER's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

By using the Platform, you hereby grant to TAILGREETER, its affiliates, subsidiaries, successors, assigns, partners, contractors and licensees permission to film, photograph, video record and otherwise record your image, voice, avatar, name, biographical data, silhouette, body dimension, shape, posture, or any other aspect of your name and likeness at any event attended and/or hosted through the Platform, or otherwise hosted by TAILGREETER (collectively, a “Recording”) and the right, throughout the world, in perpetuity, to register for copyright, to use and to assign and/or license others to use, reproduce, distribute, make derivative works of, and publicly display all or any portion of the results thereof (or a reproduction thereof), in all media and in any manner now known or hereafter developed (including, without limitation, all internet media, social media channels, email newsletters and press materials), or otherwise without any additional consideration and without compensation of any form. You understand that TAILGREETER shall be the sole owner of all right, title and interest in the Recording. You shall have no right of approval and no legal claim arising out of any use or editing of the Recording. TAILGREETER shall have no obligation to use any of the rights you grant. You represent and warrant that it is not necessary for TAILGREETER to obtain permission from or to pay any third party in connection with the rights and permissions granted in this paragraph.

11. Third Party Accounts

You will be able to connect your TAILGREETER account to third party accounts. By connecting your TAILGREETER account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

12. International Users

The Service is controlled, operated and administered by TAILGREETER from our offices within the USA. If you access the Platform from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TAILGREETER Content accessed through the TAILGREETER Platform in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

13. TAILGREETER Platform Rules

In using the Platform, you agree to follow these rules and must not help or induce others, to break these rules, including when attending any through the Platform:

• You agree to act with integrity and treat others with respect o Do not lie, misrepresent something or someone, or pretend to be someone else. o Be polite and respectful when you communicate or interact with others.
  • Do not discriminate against or harass others.
• You agree not to scrape, hack, reverse engineer, compromise or impair the Platform.
  • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Platform.
  • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Platform.
  • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Platform.
  • Do not take any action that could damage or adversely affect the performance or proper functioning of the Platform.
• You agree to use the Platform as authorized by these Terms:
  • You may only use another party’s personal information as necessary to facilitate a transaction using the Platform as authorized by these Terms.
  • Do not use the Platform, our messaging tools, or any individual’s personal information to send commercial messages without the recipient’s express consent.
  • You may use content made available through Platform solely as necessary to enable your use of the Platform as a guest or host.
  • Do not engage in any practices that are intended to manipulate our search algorithm.
  • Do not use, copy, display, mirror or frame the Platform, any Content, any branding, or any page layout or design without our consent.
• You agree to honor your legal obligations o Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
  • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy o Read and follow our Terms and Privacy Policies.
  • Do not organize or facilitate unauthorized events. You are responsible and liable for any party or event during your reservation that violates these Terms.
  • Do not use the name, logo, branding, or trademarks of TAILGREETER or others without permission.
  • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with TAILGREETER branding.

In addition, the following guides everyone who participates in or attends or hosts events through the

Platform, including hosts, participants, sponsors, vendors, contractors, volunteers, and other guests (“Attendees”). TAILGREETER wants to ensure that all Attendees understand what behavior is expected and what behavior will not be tolerated at an event. This code of conduct applies to all events through the Platform.

• Expected Behavior o Treat all Attendees with respect and consideration, valuing a diversity of views and opinions.
  • Be considerate, respectful, and collegial. o Avoid personal attacks directed toward other Attendees. o Be mindful of your surroundings and of other event Attendees. o Alert the Host if you notice a dangerous situation or someone clearly in distress.
  • Audio or visual recording and photographing of an event is not permitted unless the Host states otherwise.
  • If you notice anyone not following these rules, please inform an event Host. o Follow recommended precautions to prevent transmission of infectious diseases.
• Unacceptable Behavior o TAILGREETER expressly prohibits harassment and discrimination based on race, color, religion, national origin, sex, age, pregnancy, genetic information, military and veteran status, marital status, personal appearance, gender identity or expression, sexual orientation, disability or perceived disability (physical or mental), family responsibilities, political affiliation, or any other legally protected characteristic. Examples of conduct prohibited by this code of conduct include, without limitation:

                                    ▪              Intimidating or threatening verbal or non-verbal conduct.

▪      Harassment in any form, including bullying, intimidation or disparaging comments related to gender, gender identity or appearance, sexual orientation, disability, physical appearance, body size, race, religion, ethnicity, national origin, political views, or affiliation.

▪      Sexual harassment, including but not limited to, unwanted or inappropriate conduct, unwanted sexual attention, comments, jokes, or advances.

                                    ▪        Lewd, derogatory, or otherwise offensive speech or non-verbal conduct.

                                    ▪      Threatening or stalking any Attendee.

▪      Behavior or comments that disrupt the event, a session, or other formal or informal meeting or event in any way.

                                    ▪      The serving of alcohol to minors.

▪      The underage consumption of alcohol or the use of any drugs or illegal substances.

                                    ▪      Drinking in an irresponsible manner.

                                    ▪  Any destruction or vandalizing of personal property or event site or materials.

▪      Possession of a weapon or any item that can be used as a weapon, which may be used to threaten or cause injury to others if used in a certain manner.

                                    ▪          Knowingly and falsely reporting violations of this code.

                                    ▪    Retaliating against another participant for reporting a violation of this Code.

• Consequences o Attendees who are asked to stop their behavior will be expected to comply immediately. If an Attendee continues to violate this code, TAILGREETER may take whatever actions it deems appropriate, including, for example, expulsion from the event and/or Platform without refund and disqualification from attending and/or hosting future events.

14. Assumption of Risk

HOSTS:

THE PROVISION OF HOSTING SERVICES CARRIES INHERENT RISKS AND YOU AGREE

THAT YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE

OF THE PLATFORM AND THE OFFERING AND/OR ATTENDANCE OF ANY EVENTS

THROUGH THE PLATFORM, OFFERING OF HOST SERVICES PURSUANT THERETO, OR

ANY INTERACTION YOU HAVE WITH OTHER GUESTS WHETHER IN PERSON OR

ONLINE. YOU AGREE THAT THAT TAILGREETER HAS NO CONTROL OVER THE

CONDUCT OF GUESTS AND DISCLAIMS ALL LIABILITY. YOU AGREE THAT YOU HAVE

HAD THE OPPORTUNITY TO INVESTIGATE THE PLATFORM AND ANY LAWS, RULES,

REGULATIONS, OR OBLIGATIONS THAT MAY BE APPLICABLE TO YOUR HOST

SERVICES AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW MADE

BY TAILGREETER. AS A HOST YOU ARE RESPONSIBLE AND LIABLE FOR YOUR OWN ACTS AND OMISSIONS AND ARE ALSO RESPONSIBLE FOR THE ACTS AND OMISSIONS OF ANYONE YOU ALLOW TO PARTICIPATE IN PROVIDING HOST SERVICES.

GUESTS:

YOU ACKNOWLEDGE THAT GUEST ACTIVITIES MAY CARRY INHERENT RISKS AND

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE

PLATFORM AND ATTENDANCE OF ANY EVENTS THROUGH THE PLATFORM, USE OF

HOST SERVICES, OR ANY OTHER INTERACTION YOU HAVE WITH OTHER MEMBERS WHETHER IN PERSON OR ONLINE. THIS MEANS IT IS YOUR RESPONSIBILITY TO INVESTIGATE HOST SERVICES TO DETERMINE WHETHER IT IS SUITABLE FOR YOU. YOU AGREE THAT THAT TAILGREETER HAS NO CONTROL OVER THE CONDUCT OF

HOSTS AND DISCLAIMS ALL LIABILITY.FOR EXAMPLE, HOST SERVICES MAY CARRY

RISK OF ILLNESS (INCLUDING, COVID-19) BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN SUCH HOST SERVICES.

15. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TAILGREETER AND ITS

AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS,

DIRECTORS, SHAREHOLDERS, OWNERS, EMPLOYEES, AGENTS, DISTRIBUTORS,

SUPPLIERS, REPRESENTATIVES, PARTNERS, CONTRACTORS, SUCCESSORS, ASSIGNS,

INSURERS, VOLUNTEERS, AND STAFF (“TAILGREETER PARTIES”), FOR ANY AND ALL

LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S

FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE

PLATFORM, ATTENDANCE OR HOSTING OF ANY EVENTS THROUGH THE PLATFORM,

ANY VIOLATION OF THESE TERMS, ANY USER POSTINGS MADE BY YOU OR YOUR

VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. TAILGREETER

RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND

CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH TAILGREETER IN ASSERTING ANY AVAILABLE DEFENSES.

16. Liability Disclaimer; Release

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TAILGREETER MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY

TIME.

TAILGREETER PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,

EVENTS, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS

CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY

OR CONDITION OF ANY KIND. TAILGREETER HEREBY DISCLAIMS ALL WARRANTIES

AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

YOU, ON BEHALF OF YOURSELF AND ON BEHALF OF YOUR HEIRS, ESTATE,

INSURERS, SUCCESSORS AND ASSIGNS, FULLY AND FOREVER RELEASE AND

DISCHARGE TAILGREETER PARTIES FROM ANY AND ALL LIABILITY FOR INJURIES

(INCLUDING DEATH), LOSSES, DAMAGES, CLAIMS (INCLUDING NEGLIGENCE CLAIMS,

EXCLUDING GROSS NEGLIGENCE AND INTENTIONAL MISCONDUCT CLAIMS),

DEMANDS, LAWSUITS, EXPENSES, AND ANY OTHER LIABILITY OF ANY KIND, OF OR

TO YOU, YOUR PROPERTY, OR ANY OTHER PERSON, DIRECTLY OR INDIRECTLY

ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN OR

ATTENDANCE OF AN EVENT (WHETHER AS A HOST OR A PARTICIPANT), EVEN IF IT IS DUE TO THE NEGLIGENCE OF THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW.

IN FURTHERANCE AND NOT IN LIMITATION OF ANYTHING CONTAINED HEREIN, TO

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL

TAILGREETER PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES

WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,

DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR

PERFORMANCE OF THE PLATFORM, ATTENDING OR HOSTING EVENTS THROUGH

THE PLATFORM, THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, THE

PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH

THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE INCLUDING,

WITHOUT LIMITATION, THE PROVISION OF OR USING OF HOST AND GUEST

SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY

OR OTHERWISE, EVEN IF A TAILGREETER PARTY HAS BEEN ADVISED OF THE

POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW

THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR

INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU

ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

17. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

18. Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and

class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY

MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY,

AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE

AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and

TAILGREETER agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

19. Termination/Access Restriction

TAILGREETER reserves the right, in its sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Platform. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TAILGREETER as a result of this agreement or use of the Platform. TAILGREETER's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TAILGREETER's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by TAILGREETER with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TAILGREETER with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TAILGREETER with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

20. FORCE MAJEUR

TAILGREETER shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

21. Modifications to Terms

TAILGREETER reserves the right, in its sole discretion, to change the Terms under which the Platform is offered. The most current version of the Terms will supersede all previous versions. TAILGREETER encourages you to periodically review the Terms to stay informed of our updates.

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