Medium Rare Terms of Service
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you (also referred to herein as “User”) and Medium Rare Live, LLC, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Medium Rare,” “we,” “us” or “our”) governing your access to Medium Rare’s creation and production of live events and festivals and the use of the Medium Rare website, applications and technology (collectively, the “Medium Rare Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND MEDIUM RARE CAN BE BROUGHT (SEE SECTION 14 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST MEDIUM RARE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
By entering into this Agreement, and/or by using or accessing the Medium Rare Services you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 14) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS MEDIUM RARE OR ANY OF THE MEDIUM RARE SERVICES PROVIDED THROUGH THE MEDIUM RARE SERVICES PLATFORM.
The Medium Rare Services Platform refers to the array of services offered by Medium Rare in the creation and production of live events and festivals, whether provided through its website, applications or other technology.
- Modification to the Agreement
Medium Rare reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Medium Rare reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of Medium Rare Services or the Medium Rare Platform after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
Medium Rare may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The Medium Rare Platform and Medium Rare Services are not available to Users who have had their User privileges temporarily or permanently deactivated. You may not allow other persons to use your User credentials, and you agree that you are the sole authorized user of Medium Rare Services and the Medium Rare Platform, and Medium Rare reserves the right to deactivate any additional or duplicate subscriptions or accounts.
By becoming a User, you represent and warrant that you are at least 18 years old.
As a User, you understand that request or use of Medium Rare Services may result in charges to you (“Charges”). Charges for Medium Rare Services may include ticket prices and other applicable fees, surcharges, and taxes. Medium Rare has the authority and reserves the right to determine and modify pricing, quoting you a price for a specific event at the time you make a request. Pricing may vary based on the type of Medium Rare Service you request. You are responsible for reviewing the applicable price quote within the Medium Rare Platform and shall be responsible for all Charges incurred regardless of your awareness of such Charges or the amounts thereof.
- Facilitation of Charges. All Charges are facilitated through a third-party payment processor (e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). Medium Rare may replace its third-party payment processor without notice to you. Charges shall only be made through the Medium Rare. Medium Rare may group multiple charges into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don’t recognize a transaction, then check your receipts and payment history.
- No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Medium Rare, any disruption to the Medium Rare Platform or Medium Rare Services, or any other reason whatsoever.
- Coupons. You may receive coupons that you can apply toward payment of certain Medium Rare Services.
- Credit Card Authorization. Upon addition of a new payment method or each event request, Medium Rare may seek authorization of your selected payment method to verify the payment method, ensure the event cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Please email Medium Rare at [email protected] to learn more about our use of pre-authorization holds.
- Medium Rare Communications
By entering into this Agreement or using the Medium Rare Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Medium Rare, its affiliated companies and/or business partners, may include but are not limited to: operational communications concerning your User subscription or use of the Medium Rare Services or the Medium Rare Platform, updates concerning Medium Rare’s new and existing features, communications concerning promotions run by us or our third-party business partners, and news concerning Medium Rare and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY e-mail “END” to Medium Rare at [email protected].YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING medium rare services or using the MEDIUM RARE platform. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM MEDIUM RARE (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN email TEXT THE WORD “STOPALL” medium rare at [email protected], HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE MEDIUM RARE Platform OR medium rare SERVICES.
- Your Information
Your Information is any information you provide, publish or post to or through the Medium Rare Platform (including any profile information you provide), send to other Users (including via an in-application feedback, any email feature, or through any Medium Rare-related Facebook, Twitter or other social media posting), or information obtained from public sources or from business partners (your “Information”). You consent to us using your Information to create a User profile that will enhance our ability to meet your needs for Medium Rare Services, your use of the Medium Rare Platform and as part of Medium Rare’s general business procedures and partnerships.
- Promotions, Referrals, and Loyalty Programs
Medium Rare, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Medium Rare. Medium Rare reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Medium Rare determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Medium Rare reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
- Restricted Activities
With respect to your use of the Medium Rare Platform and your use of Medium Rare Services, you agree that you will not:
- impersonate any person or entity;
- stalk, threaten or otherwise harass any person;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt Medium Rare Services or the servers or networks connected to the Medium Rare Platform;
- post Information or interact on the Medium Rare Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing or illegal;
- use the Medium Rare Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Medium Rare Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Medium Rare Platform;
- “frame” or “mirror” any part of the Medium Rare Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Medium Rare Platform;
- rent, lease, lend, sell, redistribute, license or sublicense Medium Rare Services or access to any portion of the Medium Rare Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Medium Rare Platform or its contents;
- link directly or indirectly to any other web sites;
- transfer or sell your User subscription or account, password and/or identification, or any other User’s Information to any other party;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; or
- cause any third-party to engage in the restricted activities above.
- Intellectual Property
All intellectual property rights in Medium Rare, Medium Rare Services or the Medium Rare Platform shall be owned by Medium Rare Live, LLC absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Medium Rare Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Medium Rare. Medium Rare shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
MEDIUM RARE and other Medium Rare logos, designs, graphics, icons, scripts and service names including, but not limited to, Shaq’s Fun House v. Gronk Beach, Shaq’s Fun House, and Gronk Beach are registered trademarks, trademarks or trade dress of Medium Rare and the Medium Rare Platform in the United States and/or other countries (collectively, the “Medium Rare Marks”). The Medium Rare logo (or any Medium Rare Marks) may not be used in any manner that is likely to cause confusion, including, but not limited to: use of a Medium Rare Mark in a domain name or Medium Rare referral codes, or use of a Medium Rare Mark as a social media handle or name, avatar, profile photo, icon, favicon or banner. You may identify yourself as a User, but may not misidentify yourself as being Medium Rare, an employee of Medium Rare, or a representative of Medium Rare.
You acknowledge that Medium Rare is the owner and licensor of the Medium Rare Marks, including all goodwill associated therewith, and that your use of the Medium Rare logo (or any Medium Rare Marks) will confer no interest in or ownership of the Medium Rare Marks in you but rather inures to the benefit of Medium Rare. You agree to immediately cease any use that Medium Rare determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the Medium Rare Marks or any derivatives of the Medium Rare Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Medium Rare in writing; (2) use the Medium Rare Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Medium Rare Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Medium Rare’s rights as owner of the Medium Rare Marks or the legality and/or enforceability of the Medium Rare Marks, including, challenging or opposing Medium Rare’s ownership in the Medium Rare Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Medium Rare Marks, any derivative of the Medium Rare Marks, any combination of the Medium Rare Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Medium Rare Marks; (5) use the Medium Rare Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the User’s access to Medium Rare Services or use of the Medium Rare Platform, in Medium Rare’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Medium Rare Marks (in violation of this Agreement or otherwise), you agree that upon their creation Medium Rare exclusively owns all right, title and interest in and to such materials, including any modifications to the Medium Rare Marks or derivative works based on the Medium Rare Marks or Medium Rare copyrights. You further agree to assign any interest or right you may have in such materials to Medium Rare, and to provide information and execute any documents as reasonably requested by Medium Rare to enable Medium Rare to formalize such assignment.
The following disclaimers are made on behalf of Medium Rare, our affiliates, licensee, licensors, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
The Medium Rare Services and the Medium Rare Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Medium Rare Platform and/or Medium Rare Services, including the ability to provide or receive Medium Rare Services. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Medium Rare Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Medium Rare Platform will be corrected or that the Medium Rare Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Medium Rare Platform or Medium Rare Services.
You are responsible for the use of your User subscription or account and Medium Rare expressly disclaims any liability arising from the unauthorized use of your User subscription or account. Should you suspect that any unauthorized party may be using your User subscription or account, or you suspect any other breach of security, you agree to notify us immediately.
Medium Rare advises you to use the Medium Rare Platform with a data plan with unlimited or very high data usage limits, and Medium Rare shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Medium Rare Platform.
You will defend, indemnify, and hold Medium Rare including our affiliates, licensee, licensors, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Medium Rare Platform and participation in the Medium Rare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third-party as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Medium Rare Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Medium Rare Platform or Medium Rare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
- Limitation of Liability
IN NO EVENT WILL MEDIUM RARE, INCLUDING OUR AFFILIATES, licensee, licensors, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “MEDIUM RARE” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE MEDIUM RARE, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE MEDIUM RARE Platform, medium rare SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MEDIUM RARE MAY BE USED BY YOU TO REQUEST medium rare services, BUT YOU AGREE THAT MEDIUM RARE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Term and Termination
This Agreement is effective upon your creation of a User subscription or account, or any use of Medium Rare Services or the Medium Rare Platform. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Medium Rare; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, Medium Rare may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to receive Medium Rare Services or to use the Medium Rare Platform under applicable law, rule, permit, ordinance or regulation; (2) Medium Rare has the good faith belief that such action is necessary to protect the safety of the Medium Rare community or third parties, provided that in the event of a deactivation pursuant to (1)-(2) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Medium Rare’s reasonable satisfaction prior to Medium Rare permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Medium Rare’s satisfaction, this Agreement will not be permanently terminated.
- DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and Medium Rare.
YOU AND MEDIUM RARE MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Medium Rare ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Medium Rare, including our affiliates, licensee, licensors, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND MEDIUM RARE. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Medium Rare Platform, Medium Rare Services, or any other goods or services made available through the Medium Rare Platform, your relationship with Medium Rare, the threatened or actual suspension, deactivation or termination of your User subscription or account or this Agreement, identity validation checks performed by or on Medium Rare’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Medium Rare, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Medium Rare and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND MEDIUM RARE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND MEDIUM RARE MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND MEDIUM RARE BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST MEDIUM RARE.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
(c) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and Medium Rare will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
The case shall be heard by one arbitrator, who shall be an executive with a company in the entertainment event production industry. The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(d) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modification: The arbitrator in his award shall allocate all arbitration fees in his sole discretion, and shall have the power to charge reasonable attorney fees of the successful party to the losing party.
(e) Location and Manner of Arbitration.
Unless you and Medium Rare agree otherwise, any arbitration hearings between Medium Rare and a User will take place in the county of your billing address. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by the AAA Rules.
(f) Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (3) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA. Where these claims are brought in a court of competent jurisdiction, Medium Rare will not require arbitration of those claims. Medium Rare’s agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement, or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.
Nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
In addition to the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(h) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Medium Rare may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Medium Rare. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties.
This Agreement shall be governed by the laws of the State of New York without regard to choice of law principles. This choice of law provision is only intended to specify the use of New York law to interpret this Agreement and is not intended to create any other substantive right to non-New Yorkers to assert claims under New York law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Medium Rare, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Medium Rare shall be given by certified mail, postage prepaid and return receipt requested to Medium Rare Live, LLC 447 Broadway, 2nd Floor #278 New York, NY 10013. Any notices to you shall be provided to you through the Medium Rare or given to you via the email address or physical you provide to Medium Rare during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Medium Rare with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the Medium Rare Platform or Medium Rare Services, please contact us via e-mail at .
- Children’s Data
The Medium Rare Platform and Medium Rare Services are not directed to children, and we don’t knowingly collect personal information from children under the age of 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us.
- Links to Third Party Websites
The Medium Rare Platform may contain links to third-party websites. Those websites may have privacy policies that differ from ours. We are not responsible for those websites, and we recommend that you review their policies. Please contact those websites directly if you have any questions about their privacy policies.
We may update this policy from time to time as the Medium Rare Platform and Medium Rare Services change and privacy law evolves. If we update it, we will do so online, and if we make material changes, we will let you know through the Medium Rare Platform or by some other method of communication like email. When you use the Medium Rare Platform, you are agreeing to the most recent terms of this policy.
- Contact Us
If you have any questions or concerns about your privacy or anything in this policy, including if you need to access this policy in an alternative format, we encourage you to contact us via e-mail at [email protected] .