TuneStub

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TUNESTUB WEBSITE TERMS OF USE


IMPORTANT - READ CAREFULLY
 
Last Updated: February 9, 2015.
 
IMPORTANT NOTICE: PLEASE READ THROUGH THESE TERMS CAREFULLY. This website, including all content and functionality available through the tunestub.com domain name and interfaces for mobile devices (the "Site") is provided by CrowdTorch LLC and its related entities (collectively, "CrowdTorch") d/b/a/ TuneStub ("TuneStub"). All references to this Site shall hereinafter include any affiliated websites, including but not limited to all content and functionality available through such affiliated website. This document (these "Terms of Use" or "Terms") sets forth the terms and conditions under which TuneStub provides access to the Site.
 
By accessing the Site or any content found on the Site, you agree to comply with and to be bound by the Terms set out below, including the policies and guidelines linked to (by way of the provided URLs) from these Terms. If you do not understand or agree with these Terms, please do not use the Site. TuneStub may amend these Terms at any time in its sole discretion, effective upon posting the amended Terms at the domain or subdomains of www.tunestub.com where the prior version of the Terms was posted, or by communicating these changes through any written contact method we have established with you. You may not access the Site if you are a direct competitor of TuneStub, except with TuneStub's prior written consent.
 
  1. 1.0 DEFINITIONS
 
  1. 1.1 CrowdTorch Solution(s) means: (i) CrowdTorch’s mobile application-based event management solution; (ii) CrowdTorch’s proprietary full-service ticketing system for the advertisement, promotion, purchase and sale of tickets to live events; and (iii) any other solution CrowdTorch may provide in the future.
 
  1. 1.2 Order Form means any order form, partnership form, purchase order, service order, service questionnaire or other similar document entered into by CrowdTorch and a CrowdTorch customer pursuant to which such customer receives the right to access and use the CrowdTorch Solution(s).
 
  1. 1.3 User means any CrowdTorch customer or other party who accesses, browses, crawls or in any way uses the Site.
 
  1. 2.0 DIRECT CUSTOMER AGREEMENT
 
The terms and conditions referenced on an Order Form (or, if no terms and conditions are referenced on an Order Form, the terms of use available on http://www.crowdtorch.com/terms-of-use.shtml and applicable to the CrowdTorch Solution in use) shall govern a CrowdTorch customer’s access and use of the Site in connection with such customer’s receipt and use of the CrowdTorch Solutions pursuant to such Order Form. Any other use of the Site shall be subject to these Terms.
 
  1. 3.0 WEBSITE ACCESS
 
  1. 3.1 Eligibility
 
In order to use the Site, a User must be at least eighteen (18) years old and have the requisite power and authority to enter into these Terms. Those under the age of eighteen (18) years old may only use the Site with the involvement of their parent(s) or guardian(s), including without limitation review by such parent(s) or guardian(s) of these Terms so such Users understands their rights and responsibilities. All others are prohibited from using the Site. Any User using the Site on behalf of a person, company, entity or organization must be an authorized representative with the authority to bind the person, company, entity or organization to these Terms (which authority such User hereby exercises).
 
  1. 3.2 License Grant
 
Subject to acceptance and continuing adherence to these Terms, TuneStub provides to Users a limited, non-exclusive, non-transferable license to access and use the Site.  Except for the foregoing limited license, and except for any other rights expressly granted herein, no other rights to the Site are granted to Users, and the Site is and will remain the sole and exclusive property of TuneStub and its licensors, if any, whether the Site is separate or integrated with any other products, services, deliverables or websites.
 
  1. 3.3 User Account
 
To use some of the features of the Site, a User may be required to create an account and provide information about himself or herself (a “User Account”). Each User agrees to (i) provide accurate, current and complete information as prompted by the registration from, and (ii) maintain and update the information to keep it accurate, current and complete.
 
As part of the registration process, each User will be asked to select a username and password. TuneStub may refuse to grant a username if it determines, in its sole discretion, that such username (i) impersonates someone else, (ii) is or may be illegal, (iii) is or may be protected by trademark or other proprietary rights law, (iv) is vulgar or otherwise offensive, or (v) may cause confusion. Each User is responsible for maintaining the confidentiality of his or her User Account password. TuneStub reserves the right to close a User Account at any time for any or no reason. These Terms will remain in full force and effect for the entirety of a User’s use of the Site. In the event of any termination of any membership, service or feature, a User will still be bound by his or her obligations under these Terms, including any indemnifications, warranties and limitation of liability. Nothing in these Terms will be deemed to confer any third- party rights or benefits.
 
TuneStub is not liable for any harm caused or related to the theft or misappropriation of a username or password, disclosure of a username or password, or a User’s authorization of anyone else to use his or her username or password. All Users agree to notify TuneStub immediately of any unauthorized use of his or her User Account. If a User has reason to believe that his or her User Account is no longer secure, such User must promptly change his or her password by visiting www.tunestub.com and immediately notify TuneStub of the problem.
 
  1. 3.4 User Responsibilities
 
All Users agree (i) to abide by all applicable local, state, national, and international laws and regulations; (ii) not to use the Site for illegal purposes; (iii) not to impersonate any person or entity or engage in any fraudulent business practice; (iv) not to display or transmit any unlawful, harmful, hateful, racially, ethnically or objectionable material of any kind; (v) not to distribute in any way files that contain viruses, corrupted files, or any other similar programs; and (vi) not to interfere or disrupt the Site’s functionality. All Users further agree not to transfer or resell their use of or access to the Site to any third party.
 
Users are solely responsible for their actions in using the Site, and the actions of their respective employees and agents that use the Site on their behalf, including without limitation to sell or purchase tickets and for related communications with other Users. Users assume all risk in dealing with other Users, and any dispute between Users must be resolved directly between the applicable Users.
 
  1. 4.0 PURCHASE TRANSACTIONS
 
If you wish to purchase products or services described on the Site (each such purchase, a “Transaction”), you will be asked by TuneStub or the third party provider of the product or service to supply certain information applicable to your Transaction, including without limitation credit card and other information. You agree that all information that you provide to TuneStub or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
 
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. By submitting such information, you grant TuneStub the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any Transaction.
 
All purchases are subject to TuneStub’s service fees and charges. You agree that all purchases made by you on the Site cannot be exchanged and are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. You will be responsible for paying all applicable taxes in connection with your purchase of any tickets. You may not be able to use tickets purchased on the Site if you do not follow the Ticket Purchase Policy as further described below.
 
You acknowledge that TuneStub and its partner websites have no control over the quality, accuracy, safety or legality of the products or services advertised. NOTWITHSTANDING ANY STATEMENT TO THE CONTRARY AND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, TUNESTUB SHALL HAVE NO LIABILITY FOR ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM OR IN RELATION TO ANY TRANSACTION.
 
  1. 5.0 TICKET PURCHASE POLICY
 
TuneStub's Ticket Purchase Policy is designed to provide you with the information you need to ensure a smooth transaction and trouble-free retrieval of your tickets once you get to the venue. You may not be able to use tickets purchased on the Site if you do not adhere to these terms. Please read the following terms carefully. If you have any questions, please contact us.
 
  1. 5.1 No Refunds or Exchanges
 
TuneStub does not offer refunds or exchanges of tickets purchased on the Site. In addition, tickets purchased through the Site may be subject to a per-ticket charge, which is non-refundable except in extraordinary circumstances where a venue is unable to honor your tickets purchased through the Site (i.e. if an event is cancelled, no seat was available in the venue, etc.). Before purchasing your tickets, we urge you to confirm the title, time and location of the shows, performances, appearances, events, special events, classes, or other similar artistic showcases ("Event" or "Events") you wish to see.
 
At the time of your order, TuneStub will place an order for your tickets in the Events' venue's ticketing system, reducing the number of seats available for the chosen show time. While this allows us to provide our customers with the clear benefit of guaranteed seats, it prevents TuneStub and our venue theater partners from reselling tickets in the event that you do not attend your Event. However, your seat will only be guaranteed for up until twenty (20) minutes after the commencement of the Event.
 
If you cannot attend an Event for which you have purchased tickets, you may contact the appropriate venue to inquire about their policy on refunds and exchanges. We strongly recommend that you contact the venue's management prior to your Events' commencement time, as they may not issue refunds or provide exchanges after show time. Any refund or exchange is at the discretion of venue's management and can only be conducted at the Events' box office where the Event occurs. If a refund is available, the Event box office may only refund to you the ticket price, in which event you should contact TuneStub's customer service if you also wish to request a refund of a per-ticket charge in the extraordinary circumstances described above (otherwise, per-ticket charges are non-refundable, as stated above).
 
  1. 5.2 Picking Up Your Tickets
 
Please read your online and email confirmation pages carefully, as they provide you with important information about retrieving your tickets that may be unique to your chosen venue. Please remember to bring your Print-at-Home Referenced-Coded Ticket to the venue if you used this feature on TuneStub. If you can't print or don't have a printer, just take your confirmation number with you. Once you purchase a ticket on the Site, the venue holding the Event will be notified of your name and reference number and will allow you access to the Event upon confirmation of your name and reference number. Please be prepared to present your picture I.D. Many venues require all patrons to be over the age of twenty-one (21) to enter.
 
  1. 5.3 Payment Methods
 
TuneStub accepts American Express, MasterCard, and Visa. We also accept US debit cards. TuneStub also accepts some "Single-Use" card number security products.
 
  1. 5.4 Ticket Confirmation and Event Rating & Review EMAILS
 
As an integral part of your ticketing transaction with TuneStub, we send you via email a ticket confirmation following purchase explaining how to retrieve your tickets at the venue, as well as a subsequent invitation to rate-and-review the Event. Providing feedback via the rate-and-review email is optional; if you do not wish to participate, just ignore or delete that email.
 
  1. 5.5 Pricing and Availability
 
TuneStub sells tickets on behalf of our venue partners. TuneStub does not set ticket prices, determine Event times, or control ticket availability and inventory.
 
You will be responsible for paying all applicable taxes in connection with your purchase of any tickets.
 
  1. 6.0 PROPRIETARY RIGHTS
 
  1. 6.1 Privacy
 
Any information collected by TuneStub will be treated in the manner described in its Privacy Policy, located at http://www.tunestub.com/privacy.cfm and incorporated into these Terms by reference. TuneStub will not be responsible or otherwise liable for any use or disclosure of contact information, or financial information, by a third-party to whom TuneStub is allowed to disclose contact information under the Privacy Policy.
 
All User Content (as defined below) posted to the Site will be treated as non-confidential and non-proprietary. In these Terms, post means the provision of information to the Site through features of the Site that are used to make information available to other members of the public (e.g., user reviews, bulletin boards, chat rooms, etc.). Information that is posted to the Site shall not be subject to the Privacy Policy and may be publicly displayed and disclosed and otherwise used by TuneStub or any third party in any way. Users should not post information about themselves on the Site that can be used to identify or contact them, including, but not limited to, name, home or work address, phone numbers, email address or other such information. TuneStub cannot prevent such information from being used in a manner that violates these Terms, the law, or a User’s personal privacy and safety. By posting such information on the Site, a User violates these Terms and assumes the risks and sole liability for the results of such posting.
 
  1. 6.2 User Content
 
“User Content” means any data, materials or content that Users post, submit or transmit to or through the Site, such as ratings, reviews, complements, invitations and information that display as part of a User Account profile. TuneStub may use User Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, all Users (i) irrevocably grant TuneStub permission to use their User Content for any purpose, (ii) irrevocably grant the Site’s Users and the Users of any Other Media the right to access their User Content in connection with their use of the Site and/or any Other Media, and (iii) irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to their User Content.
 
Each User alone is responsible for his or her User Content, and assumes all risks associated with the User Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure of information in the User Content that makes the User personally identifiable. All Users (i) represent that he or she owns, or has the necessary permissions to use and authorize the use of, his or her User Content as described herein, and (ii) agree to defend, indemnify and hold TuneStub harmless from and against all claims, damages, liabilities, fines, costs and expenses including reasonable legal fees incurred by TuneStub or which are agreed by TuneStub to be paid by way of settlement or compromise, arising out of any breach of the foregoing representation and warranty.
 
TuneStub may remove or reinstate User Content from time to time at its sole discretion. For example, TuneStub may remove a review if it believe the review violates its content guidelines. TuneStub has no obligation to retain or provide a User with copies of User Content, nor does TuneStub guarantee any confidentiality with respect to User Content.
 
TuneStub and its licensees may display advertisements and other information adjacent to or included with User Content on the Site and Other Media. Users are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to any User.
 
  1. 6.3 No Transfer
 
All Users acknowledge that, except for the User Content and Third-party Content (as defined below), TuneStub or its licensors retain all copyright, trademark, trade secret, patent and other proprietary and intellectual property rights to the Site. All Users expressly acknowledge that nothing in these Terms or in the course of a Transaction shall operate in any way whatsoever to transfer any intellectual property rights from TuneStub or its licensors to any User.
 
  1. 6.4 Restrictions on Use
 
All Users agree not to (i) restrict or inhibit any other User from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; (ii) use the Site for any unlawful purpose; (iii) express or imply that any statements a User makes are endorsed by TuneStub, without TuneStub's prior written consent; (iv) transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes TuneStub's or any third party's intellectual property or other rights; (v) transmit any material, non-public information about persons or companies without the authorization to do so; (vi) transmit any trade secret of any third party; (vii) transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by TuneStub), (viii) engage in spamming or flooding; (ix) transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (x) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; (xi) remove any copyright, trademark or other proprietary rights notices contained in the Site; (xii) "frame" or "mirror" any part of the Site without TuneStub's prior written authorization; (xiii) link to any page of or content on the Site other than the URL located at www.tunestub.com; (xiv) use any robot, spider, offline reader, website search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without TuneStub's prior written consent; (xv) harvest or collect information about Site visitors or members without their express consent; (xvi) take any action that imposes an unreasonable or disproportionately large load on Site infrastructure; (xvii) access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval; (xviii) request more than 1,000 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals; (xix) use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a presale or other offer on the Site if not the original recipient of such passcode or password (i.e., if a User did not receive the passcode or password from TuneStub, or from the fan club or other organization with whom TuneStub is working to enable such presale or offer) or if User’s participation in such presale or other offer is inconsistent with such presale's or offer's terms); (xx) post content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or post content that could be harmful to minors; (xxi) harass or advocates harassment of another person; (xxii) promote information that User knows is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (xxiii) display pornographic or sexually explicit material of any kind; (xxiv) provide material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (xxv) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (xxvi) solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; (xxvi) engage in commercial activities without TuneStub’s prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes; or (xxvii) infringe TuneStub's or any third party's copyright, patent, trademark, trade secret, rights of privacy or publicity or other proprietary or intellectual property rights of any nature.
 
Notwithstanding the foregoing, TuneStub grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. TuneStub reserves the right to revoke these exceptions either generally or in specific cases;
 
  1. 6.5 Third-party Links and Content
 
The Site may contain links to third-party websites that are not owned or controlled by TuneStub. TuneStub has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites. In addition, TuneStub will not and cannot censor or edit the content of any third-party site. By using the Site, Users expressly relive TuneStub from any and all liability arising from use of any third-party website.
 
All Users understand and agree that any third-party data, content, materials or software (“Third-party Content”) which may be published on the Site or otherwise made available through the Site may be subject to third party licenses, that such licenses may be altered or revoked at any time by the applicable third party licensor, and that removal or alteration of Third-party Content shall not constitute a breach of these Terms.
 
  1. 6.6 Copyright Dispute Policy
 
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If a User believes in good faith that materials hosted by TuneStub infringes his or her copyright, such User (or such User’s agent) may send TuneStub a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TuneStub to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Additionally, if a User believes in good faith that a notice of copyright infringement has been wrongly filed by TuneStub against such User, the DMCA permits the User to send TuneStub a counter-notice.
 
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to:
 
CrowdTorch LLC
Attn: General Counsel
1765 Greensboro Station Place, 7th Floor
Tysons Corner, VA 22102
Main: (800) 927-0939
Fax: (800) 807-3109
Email: legal@crowdtorch.com.
 
TuneStub suggests that a User consults his or her legal advisor before filing a notice or counter-notice. Also, all Users should be aware that there can be penalties for false claims under the DMCA.
 
  1. 7.0 GENERAL TERMS
 
  1. 7.1 Warranties
 
THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND TUNESTUB DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE. TUNESTUB DOES NOT REPRESENT OR WARRANT BUT WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE SITE IS UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS USED FOR THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
 
  1. 7.2 Limitation of Liability
 
TuneStub’s liability to any User, or any third party claims, for claims seeking indemnity, or for any recoverable losses, damages, or litigation and attorney’s fees or costs arising with respect to the Site or these Terms shall be limited to the amount of such User’s actual direct damages, not to exceed (in the aggregate for all claims) the total annual amount paid under these Terms to TuneStub during its then-current contract year. If no fee is paid to TuneStub, TuneStub does not retain any liability.
 
IN NO EVENT WILL TUNESTUB OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, MANUFACTURE OR DISTRIBUTION OF ANY SOFTWARE, SERVICES OR OTHER MATERIALS PROVIDED UNDER THESE TERMS BE LIABLE OR INDEMNIFY YOU FOR: (i) ANY DAMAGES CAUSED BY A USER’S FAILURE TO PERFORM HIS OR HER RESPONSIBILITIES; (ii) ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR (iii) ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE SITE, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF TUNESTUB OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
These limitations of liability will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in the agreement.
 
  1. 7.3 Governing Law, Dispute Resolution and Arbitration
 
All matters with respect to the Site and these Terms will be governed by the laws of the Commonwealth of Virginia, United States of America, without regard to any conflict of law principles. A User may contact TuneStub via email at legal@crowdtorch.com to address any concerns such User may have regarding his or her use of the Site. Most concerns may be quickly resolved in this manner. Users and TuneStub shall use best efforts to settle any dispute, controversy, claim, question or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
 
If a User and TuneStub cannot reach an agreed upon solution within thirty (30) days from the time informal dispute resolution is pursued pursuant to the above paragraph, then either pary may initiate binding arbitration. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including the breach, termination or validity thereof, shall be finally resolved by arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures (http://www.jamsadr.com/rules-streamlined-arbitration/), then currently in effect, by a sole arbitrator. The arbitrator shall not be authorized to award punitive damages with respect to any such claim or controversy, nor shall any party seek punitive damages relating to any matter under, arising out of or relating to this Agreement or the Services in any other forum. If any arbitration or court action is commenced by either party, the substantially prevailing party in that arbitration or action is entitled to recover from the other party its attorneys’ fees and costs (including arbitration fees and costs and expert witness fees) incurred in connection therewith. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
 
The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. 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.
 
The entire arbitration shall be conducted and concluded in no later than ninety (90) days after service of the arbitration demand. A written demand for arbitration must be delivered within one (1) year from the date on which the Services to which the claim relates were provided. Failure to comply with this provision shall be a complete bar to any claim. Unless otherwise agreed to by the parties, the place of arbitration will be in Tysons Corner, Virginia.
 
A User shall have the right to opt out of this agreement to arbitrate by providing written notice of its intention to do so to TuneStub within thirty (30) days of registering to use the Site. To the extent that the arbitration provisions set forth herein do not apply, all Users agree to the sole and exclusive venue of the state and federal courts encompassing Arlington, Virginia for all matters arising with respect to same, and waive their right to a jury trial. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply hereunder.
 
  1. 7.4 Rules for Sweepstakes, Contests and Games
 
In addition to these Terms, any sweepstakes, contests, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific, separate rules. By participating in any such Promotion, a User will become subject to those rules. TuneStub urges such Users to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review the Privacy Policy which, in addition to these Terms, governs any information such User submits in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control with respect to the particular Promotion.
 
  1. 7.5 Notices
 
Any notice pursuant to these Terms shall be in writing and shall be deemed to have been duly given: (i) five (5) business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (ii) when delivered if delivered personally or sent by express courier service; (iii) when transmitted if sent by a confirmed facsimile; or (iv) when transmitted via email, provided that the receiving party acknowledges receipt by return email, and that the email clearly states in the subject line that it is intended to give notice under these Terms.
 
  1. 7.6 Entire Agreement
 
These Terms supersede any prior agreement or understanding between the parties whether oral or written, and no party has relied on any representation that is not expressly set forth in these Terms. Any additional or conflicting terms contained in any User proposal or other document shall be deemed to be rejected by TuneStub without need of further notice of objection, even if such document is acknowledged or accepted by TuneStub, and regardless of any statement to the contrary which may be contained therein, and shall be of no effect or in any way binding upon TuneStub. The provisions of this Agreement shall be deemed severable, and the unenforceability of any one or more provisions shall not affect the enforceability of any other provisions.
 
  1. 7.7 Force Majeure
 
TuneStub will not be in default or otherwise liable for any delay in or failure of its performance under these Terms if such delay or failure arises by any reason beyond its reasonable control, including any act of God, criminal acts, or any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delays in transportation or communications, or any act or failure to act by a User, its employees, agents, or contractors. The parties will promptly inform and consult with each other as to any of the above causes that, in their judgment, may or could be the cause of a substantial delay in the performance of these Terms. TuneStub is not liable for excusable delay.
 
  1. 7.8 Legal Fees
 
TuneStub shall be entitled to recover reasonable attorney’s fees in the event TuneStub is the prevailing party in any legal action to enforce or interpret these Terms.
 
  1. 7.9 Assignment
 
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by a User but may be assigned by TuneStub without restriction.
 
  1. 7.10 Notice for California Users
 
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
 
  1. 7.11 Office Locations
 
TM Procure CA, Inc. – 1 Germain Street, Suite 1500, Saint John, New Brunswick, E2l4V1, Canada
CT Procure IRE, Ltd. – 29 Earlsfort Terrace, Dublin, 2, Ireland
 
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