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RBAR, LLC TERMS AND CONDITIONS EFFECTIVE: November 11, 2020
These RBAR, LLC Terms and Conditions (“Terms”) are expressly incorporated into and made a part of the RBAR order form (the “Order Form”) (the Order Form and these Terms, collectively, the “Agreement”) between you (“You,” “User,” “Guest,” or “Customer”) and RBAR, LLC, a Tennessee limited liability company (collectively, “RBAR” or “Company”).
IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE APPLICATION, WEBSITE (“SITE”), PRODUCTS AND SERVICES (COLLECTIVELY, THE “SERVICES”) OF RBAR IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS AND THE AGREEMENT. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.
BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE RBAR APPLICATION OR SITE OR BY UTILIZING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND THE AGREEMENT. THE SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE UNDER 21 YEARS OF AGE OR NOT LEGALLY ELIGIBLE TO BE BOUND BY THE TERMS OR AGREEMENT.
If You elect to host an event (“Event”), a Host Agreement may include supplemental terms and conditions and information regarding the Services. Supplemental terms may also apply to certain Services, such as policies for a particular event, program, activity or promotion, and will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
RBAR may amend the Terms from time to time. Amendments will be effective upon RBAR’s posting of such updated Terms at this location, on its website rbarapp.com, or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
RBAR’s collection and use of personal information in connection with the Services is described in RBAR’s Privacy Policy located at www.rbarapp.com/legal/privacy, and at Exhibit A, incorporated herein.
The Services comprise mobile applications and related services (each, an “Application”), which enable users to arrange to purchase certain food and alcoholic beverages which will be delivered to the users’ location. Unless otherwise agreed by RBAR in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
License.
Subject to your compliance with these Terms, RBAR grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use, and (iii) purchase and pay for the Services. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from the Applications for commercial purposes. Any reproduction or unauthorized use of any materials found from the Applications shall constitute infringement. Any rights not expressly granted herein are reserved by RBAR.
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 21 years of age, or the legal drinking age in your jurisdiction (if different from 21), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to RBAR certain personal information, such as your name, address, mobile phone number and age, a copy of your driver’s license or other government-issued photo identification, as well as at least one valid payment method supported by RBAR. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by RBAR in writing, you may only possess one Account. In its sole and absolute discretion, RBAR may terminate your Account or refuse to provide Services, without refund, if You violate these Terms or any applicable law or regulation relating to your use of the Services.
User Requirements and Conduct.
You may not authorize third parties to use your Account, and you may not allow persons under the age of 21 to receive Services under your account. You may not purchase Services for any other person. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services. You may only access or use the Services for lawful purposes and may not, in your access or use of the Services, cause nuisance or property damage to any property owner of a location where RBAR’s Services are provided, to other guests at any event RBAR is providing Services, to the public, or any other party. In certain instances you may be asked to provide valid proof of identity and/or age to access or use the Services, and you agree that you may be denied access to or use of the Services if you do not provide the requested proof of identity and/or age. You may order only one alcoholic beverage at a time and you must wait at least 10 minutes before ordering another beverage.
You must personally receive the delivery of any alcoholic beverage that you order. If you are not available to receive delivery, the beverage will be returned to RBAR without refund.
At any time during an Event, you may request via the Application that RBAR re-check the proof of identity of any person utilizing Services at the event. An Event host may also remove a guest from an Event at any time, after which the guest will not be permitted to order Services.
Compliance with Law.
In accordance with the requirements above regarding User Accounts and User Requirements and Conduct, you represent and warrant that:
(i) YOU ARE 21 YEARS OF AGE OR OLDER; (ii) THE IDENTIFICATION THAT YOU PROVIDE TO US WILL BE TRUE AND ACCURATE; (iii) YOU WILL NOT PURCHASE ALCOHOL FOR ANYONE UNDER THE AGE OF 21 OR FOR WHOM SUCH PURCHASE WOULD BE ILLEGAL; (iv) YOU WILL CONSUME ALCOHOL RESPONSIBLY; AND (v) YOU WILL ABIDE BY THE LAWS OF THE STATE IN WHICH YOU ARE LOCATED REGARDING THE PURCHASE AND USE OF ALCOHOL.
BY ORDERING SERVICES THROUGH RBAR, YOU ACKNOWLEDGE AND CONSENT TO THE ALCOHOL BEVERAGE COMMISSION OR OTHER ALCOHOL REGULATORY AUTHORITY OF THE STATE WHERE YOU ARE LOCATED ENTERING THE PREMISES WHERE YOU RECEIVE DELIVERY OF SERVICES AT ANY TIME FOR INSPECTION.
RBAR’s Right to Refuse Service.
RBAR will refuse to serve alcohol to anyone who does not produce valid photo identification and age verification, who purchases or attempts to purchase alcohol for another person, who appears to be visibly intoxicated, or who exhibits threatening or abusive language or behavior towards any person or property. RBAR reserves the right to refuse Services or terminate an Event without refund if, in RBAR’s sole and absolute discretion, you have breached these Terms.
User Provided Content.
RBAR may, in RBAR’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to RBAR through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to RBAR, you grant RBAR a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and RBARs business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
In providing any User Content to RBAR, You represent and warrant that: (i) You are at least 21 years of age; (ii) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant RBAR the license to the User Content as set forth above; and (iii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor RBAR’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by RBAR in its sole discretion, whether or not such material may be protected by law. RBAR may, but shall not be obligated to, review, monitor, or remove User Content, at RBAR’s sole discretion and at any time and for any reason, without notice to you.
III. NETWORK ACCESS AND DEVICES, INTELLECTUAL PROPERTY
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. RBAR does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Site Content and Intellectual Property.
The Services and all rights therein are and shall remain RBAR’s property or the property of RBAR’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted above.
The RBAR trade name and RBAR logo are trademarks owned by RBAR. All other trademarks, product names and company names or logos displayed on the Site are the property of their respective owners. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by RBAR or is used with the permission of its respective owners, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, ALL RIGHTS RESERVED.
You may not engage in any of the following prohibited activities: (1) copying, distributing, reproducing, uploading, posting, encoding, translating, transmitting, decompiling, reverse engineering, disassembling, distributing ( including “mirroring”) or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (2) using any automated system, including without limitation “robots”, “spiders”, or “offline readers”, to access the Site in any manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (3) transmitting spam, chain letters, or other unsolicited e-mail; (4) using any “bot”, spider, site search/retrieval tool or utility, or any other manual or automated technique, to collect, extract, index, mine, or otherwise seek to obtain any data or information from the Site or any user of the Site, or in any manner compromise, degrade or circumvent the navigational structure or the presentation of the Site, or the display or performance of the Content of the Site; (5) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (6) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (7) uploading invalid data, viruses, worms, or other software agents through the Site; (8) collecting or harvesting any personally identifiable information from the Site; (9) using the Site for any commercial solicitation purposes; (10) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (11) interfering with the proper working of the Site; or (12) bypassing the measures we may use to prevent or restrict access to the Site. We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. You further understand and agree that RBAR has the right, but not the obligation, to remove in whole or in part any Content related to the Site, including without limitation all data and Content residing on our servers, at any time for any or no reason, with or without notice and with no liability to us of any kind.
Our Linking Policy.
RBAR may, from time to time, contain links to websites operated by others (each is a “Third Party Site”; collectively, “Third Party Sites”). The links to and advertisements concerning Third Party Sites are provided for your convenience only. We do not control Third Party Sites and are not responsible for any of the content, materials or services contained or provided on any Third Party Site or for performance of any Third Party Site or for your transactions on or with them. Our inclusion of links to or advertisements for any Third Party Site is not, and does not imply, any endorsement of any content, material, product or services offered on or through such Third Party Site, or any association with their operators.
We permit you to include on your own website(s) text links to Content on RBAR provided that: (1) it must be a text only link clearly marked “RBAR,”; (2) you may not use any RBAR logo as a link; (3) the link must be to the www.rbarapp.com home page and you do not remove or obscure, by framing or otherwise, any portion of the home page; (4) the appearance, position, and other aspects of the link and host website must not be misleading, fraudulent, or in any other manner damaging to or dilutive of the goodwill associated with our name, trademarks or service marks, as determined by us in our sole and absolute discretion; (5) the appearance, position and other aspects of the link and host website must not create a false appearance that the host website is sponsored by RBAR; (6) the link, when activated by an internet user, must display the Site full-screen and not with a “frame” on the linked website; and (7) you immediately discontinue providing links the Site if requested by us. We reserve the right to revoke our consent to the link at any time, in our sole discretion, upon notice to you or by amending these Terms.
RBAR makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from this Site, or websites linking to this Site.
Electronic Communications.
When you visit the Site or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Warranties and Disclaimers.
RBAR controls and operates its Site and Applications from offices in the United States. RBAR does not represent that materials on its website are appropriate or available for use in other locations. Users who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You expressly agree that your use of the Site and Applications is at your sole risk. RBAR EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE AND APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Site and Applications provide information only, and do not provide any financial, legal, medical services or advice. None of the content on the Site or Applications prevents, cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results.
RBAR DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SITE, APPLICATIONS, OR ANY OF THE SITE MATERIALS WILL BE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR MISAPPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR THE IMPLEMENTATION OF SUFFICIENT PROCEDURES, FIREWALLS AND CHECKPOINTS WHICH SATISFY YOUR PARTICULAR REQUIREMENTS FOR SECURITY, ACCURACY, AND DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE OR THIS SERVER, FOR THE RECONSTRUCTION OF ANY LOST DATA, INCLUDING BUT NOT LIMITED TO ANY DOWNLOADS FROM THE SITE OR THIS SERVER.
You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). RBAR will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, and/or surcharges which may include booking fees and processing fees. Please visit www.rbarapp.com for further information on your particular location.
All Charges and payments will be enabled by RBAR using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that RBAR may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by RBAR.
RBAR reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in RBAR’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. RBAR will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. RBAR may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee. RBAR may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
Since we have a clear and explicit Refund Policy in these Terms that you have agreed to prior to completing the purchase of any Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RBAR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, RBAR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RBAR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
RBAR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF RBAR, EVEN IF RBAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RBAR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF RBAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RBAR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND RBAR’S REASONABLE CONTROL.
RBAR’S maximum liability to You or any other party for any loss or damages resulting from any claims, demands or actions shall be the total fees YOU HAVE ACTUALLY paid to RBAR FOR SERVICES.
RBAR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RBAR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON RBAR’S CHOICE OF LAW PROVISION SET FORTH BELOW.
RBAR will not be liable in damages or equity for any failure to provide, or delay in its provision of, Services where such failure or delay is due to fire or other casualty, inclement weather, earthquake, hurricane, flood, landslide, epidemic, military action, riot, civil commotion, strike, slowdown, boycott or labor dispute, power outage or disruption, breakdown of equipment, or other similar event beyond the reasonable control of RBAR. RBAR will not be responsible for any loss or damage You sustain in the event of its temporary or permanent inability to provide Services due to such events beyond RBAR’s reasonable control. If Services cannot be provided as a result of a force majeure event, there shall be no refund for payments already received by RBAR, and RBAR will use reasonable efforts to provide the Services at a later date, subject to RBAR’s availability. Additional fees may be due RBAR as a result of such rescheduling.
INDEMNITY.
(a) To the maximum extent allowed by law, you agree to indemnify and hold harmless RBAR, its owners, employees, independent contractors, agents, affiliates, and franchisees (the “Indemnitees”) against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses, including any and all attorneys’ fees and expenses, (collectively, “Losses”) which the Indemnitees may incur by reason of: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) RBAR’s use of your User Content; (iii) your violation of the rights of any third party, including Third Party Providers; (iv) your omissions or forbearance related to the Services or arising out of any event where RBAR provides Services; (v) any breach by you of any provision of these Terms; and (vi) any claims for bodily injury, illness or property damage related to the Services or arising out of any event where RBAR provides Services. THIS INDEMNITY AND HOLD HARMLESS AGREEMENT INCLUDES ANY ACTS ARISING DIRECTLY OR INDIRECTLY FROM YOUR FAILURE TO RESPONSIBLY CONSUME ALCOHOL.
(b) If any action at law or suit in equity is instituted by a third party with respect to which RBAR intends to claim any liability or expense as Losses under this section, RBAR shall promptly notify the indemnifying party of such action or suit.
(c) RBAR shall have the right to defend, conduct, control, or settle, through counsel of its own choosing, any third-party claim, action, or suit, and to recover from the indemnifying party the amount of such settlement or of any judgment and the costs and expenses of such defense, including any and all attorneys’ fees and expenses. RBAR may compromise or settle any third-party claim, action, or suit without the prior written consent of the indemnifying party.
(d) To the extent any Loss of an Indemnitee is reduced by receipt of payment under insurance policies, such payment, net of the expenses of the recovery thereof (such net payment being referred to herein as a “Reimbursement”), shall be credited against such Losses. If any Reimbursement is obtained subsequent to payment by any of the Indemnifying Persons in respect of Losses, such Reimbursement shall be promptly paid over to the indemnifying party. Further, You agree that no insurance company shall be entitled to assert a claim for subrogation or otherwise against any Indemnitee relating to the payment by an insurance company to any Indemnitee.
(e) Notwithstanding anything contained in this agreement to the contrary, all representations, warranties, covenants and agreements contained in this Agreement shall survive the execution and delivery of this Agreement.
Choice of Law and Venue.
These Terms are governed by and construed in accordance with the laws of the State of Tennessee, U.S.A., without giving effect to any conflict of law principles. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Tennesseans to assert claims under Tennessee law whether that be by statute, common law, or otherwise. This provision is only intended to specify the use of Tennessee law to interpret these Terms and the forum for disputes arising under or relating to these Terms, and these provisions shall not be interpreted as generally extending Tennessee law to you if you do not otherwise reside in Tennessee. The state and federal courts in Nashville, Davidson County, Tennessee shall have exclusive jurisdiction over any case or controversy arising from or relating to these Terms. So long as its jurisdictional requirements are met and it is available, the Business Court Docket of the Davidson County Chancery Court shall have exclusive jurisdiction over state court suits. You hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.
Notice.
RBAR may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to RBAR, with such notice deemed given when received by RBAR, at any time by first class mail or pre-paid post to RBAR, LLC 801 Visco Drive Suite B Nashville TN 37210.
Assignment.
You may not assign these Terms without RBAR’s prior written approval. RBAR may assign these Terms without your consent to: (i) a subsidiary or affiliate of RBAR; (ii) an acquirer of RBAR’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
Personal Injury or Personal Property.
RBAR assumes no responsibility for any personal injury to any person in connection with the performance of Services hereunder, or any damage to or theft of any personal property or other valuables at an event attended by you, your agents, employees or invitees, all of which shall be at the Host and Guests’ sole risk. You acknowledge and agree that the consumption of alcoholic beverages by an individual is the proximate cause of any injury or damage to property or person, including death, that may result from the over-consumption of alcoholic beverages.
Transmission and Security of Data.
RBAR’s Services involve the storage and transmission of your credit card information and personal identification, and RBAR takes security measures to protect such information. Despite its best efforts, you acknowledge that RBAR’s security measures may be breached as a result of third-party action during transfer of data to additional data centers or at any time, and result in someone obtaining unauthorized access to our data or your data. Additionally, third parties may attempt to fraudulently induce you into disclosing sensitive information such as user names, passwords or other information in order to gain access to our data or our customers’ data. Because the techniques used to obtain unauthorized access, or to sabotage systems, change frequently and generally are not recognized until launched against a target, RBAR may be unable to anticipate these techniques or to implement adequate preventative measures. In addition, RBAR’s guests may authorize third-party technology providers to access their financial data. Because RBAR does not control the transmissions between our guests and third-party technology providers, or the processing of such data by third-party technology providers, RBAR cannot ensure the complete integrity or security of such transmissions or processing. You acknowledge and assume the risks outlined in this paragraph and agrees to hold RBAR harmless for any third-party misuse of your financial or personal identification data.
Photo Release.
You grant RBAR permission to use images of you to promote RBAR’s business, including but not limited to, use on RBAR’s website, blogs, social media and other promotional materials. You waive any right to payment, royalties, or any other consideration for the use of the images. You waive any right to inspect or approve the finished work product, including written or electronic copy, where your likeness may appear. You agree to indemnify and hold RBAR harmless and hereby forever discharge RBAR from all claims, demands, and causes of action which you, your heirs/representatives, or any other persons acting on your behalf have or may have by reason of this authorization.
Miscellaneous.
These Terms constitute the entire agreement of the parties hereto and supersedes all prior and contemporaneous representations, proposals, discussions, and communications, whether oral or in writing.
No joint venture, partnership, employment, or agency relationship exists between you, RBAR or any Third-Party Provider as a result of this Agreement or use of the Services.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be enforced to the fullest extent under law. RBAR’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RBAR in writing.
Any modifications or amendments to these Terms must be in writing signed by both parties to this Agreement, except that RBAR may update these Terms, which shall be effective upon RBAR’s posting of such updated Terms at this location, on its website www.rbarapp.com, or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
Disclosure Policy.
The website www.rbarapp.com is written and edited by RBAR. RBAR does not accept forms of cash advertising, sponsorships, paid insertions, complimentary products, or other forms of compensation. RBAR does not have relationships that might present a conflict of interest or influence the content of its Site.
EXHIBIT A
RBAR, LLC
PRIVACY POLICY
Your privacy is important to RBAR, LLC (“RBAR”, “we”, or “us”). This Privacy Policy describes the personal data we collect, how it’s used and shared, and your choices regarding this data.
This policy describes how RBAR and its affiliates collect and use personal data. This policy applies to all users of our apps, websites, features, or other services anywhere in the world (“users”), unless covered by a separate privacy notice. This includes, but is not limited toto:
This notice also governs RBAR’s collection of personal data in connection with RBAR’s services. For example, we may collect the contact information of individuals who use accounts owned by RBAR for business customers or hosts, or we may collect other personal data in connection with our mapping technology and features.
RBAR collects:
We will inform you when we collect it whether you are required to provide certain data to us.
The following data is collected by or on behalf of RBAR:
iii. Data from other sources. This includes:
RBAR may combine the data collected from these sources with other data in its possession.
RBAR collects and uses data to enable reliable and convenient services. We also use the data we collect:
RBAR does not sell or share user personal data with third parties for their direct marketing, except with users’ consent.
RBAR uses the data it collects for purposes including:
This includes using the data to:
iii. Customer support. RBAR uses the information we collect (including recordings of customer support calls with notice to and the consent of the user) to provide customer support, including to:
vii. Non-marketing communications. RBAR may use the data we collect to generate and provide users with receipts; inform them of changes to our terms, services, or policies; or send other communications that aren’t for the purpose of marketing the services or products of RBAR or its partners.
viii. Legal proceedings and requirements. We may use the personal data we collect to investigate or address claims or disputes relating to use of RBAR’s services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
RBAR and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this notice. Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. RBAR uses cookies and similar technologies for purposes such as:
We will ask for your consent to allow us to use cookies. RBAR or its third-party vendors may collect nonpersonal information through the use of these technologies. Nonpersonal information might include the browser you use, the type of computer you use and technical information about your means of connection to this website such as the operating systems and the Internet service providers utilized and other similar information. RBAR’s systems may also automatically gather information about the areas you visit and search terms you use on this website and about the links you may select from within this website to other areas of the Internet.
If your browser sends a “Do Not Track” signal, only a generic cookie will be placed on your device while the website is accessed.
We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify the devices used by visitors to our websites, as well as when they visit other online sites and services.
If you are located in the European Economic Area (EEA), we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as controller of that personal information for the purposes of those laws.
Some of RBAR’s services, and features require that we share data with other users or at a user’s request. We may also share data with our affiliates, subsidiaries, and partners, for legal reasons or in connection with claims or disputes.
RBAR may share the data we collect:
This includes sharing:
This includes sharing data with:
iii. With the general public
Questions or comments from users submitted through public forums such as RBAR blogs and RBAR social media pages may be viewable by the public, including any personal data included in the questions or comments submitted by a user.
We share data with our subsidiaries and affiliates to help us provide our services or conduct data processing on our behalf.
RBAR provides data to vendors, consultants, marketing partners, research firms, and other service providers or business partners. These include:
RBAR may share users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns. This includes sharing personal data with law enforcement officials, public health officials, other government authorities, airports (if required by the airport authorities as a condition of operating on airport property), or other third parties as necessary to enforce our Terms of Service, user agreements, or other policies; to protect RBAR’s rights or property or the rights, safety, or property of others; or in the event of a claim or dispute relating to the use of our services. If you use another person’s credit card, we may be required by law to share your personal data, including order information, with the owner of that credit card.
This also includes sharing personal data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
vii. With consent
RBAR may share a user’s personal data other than as described in this notice if we notify the user and they consent to the sharing.
RBAR retains user profile, transaction, and other personal data for as long as a user maintains their RBAR account. RBAR may retain certain user data after receiving an account deletion request if necessary, such as to comply with legal requirements. RBAR may be required to retain some user data for six years.
RBAR may also retain certain information if necessary for purposes of safety, security, and fraud prevention. For example, if RBAR deactivates a user’s account because of unsafe behavior or security incidents, RBAR may retain certain information about that account to prevent that user from opening a new RBAR account in the future.
We only collect and use personal data where we have lawful grounds to do so. These include processing user personal data to provide requested services and features, for purposes of RBAR’s legitimate interests or those of other parties, to fulfill our legal obligations, or based on consent.
We collect and use personal data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our users are located, but generally include processing personal data:
iii. To fulfill RBAR’s legal obligations
For example, RBAR may be subject to laws and regulations in many cities and countries that require it to collect and retain data about our users, and to provide copies of such data to the government or other authorities. We collect and use personal data to comply with such laws.
RBAR may also share data with law enforcement regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes.
RBAR may collect and use personal data based on the user’s consent. For example, we may collect personal data through voluntary surveys. Responses to such surveys are collected on the basis of consent and will be deleted once no longer necessary for the purposes collected.
A user who has provided consent to a collection or use of their personal data can revoke it at any time. However, the user will not be able to use any service or feature that requires collection or use of that personal data.
RBAR enables users to access and control the data that RBAR collects, including through:
RBAR also enables users to request access to or copies of their data, changes or updates to their accounts, deletion of their accounts, or that RBAR restrict its processing of user personal data.
Settings menus in the RBAR app give users the ability to set or update their preferences for receiving mobile notifications from RBAR. Information about these settings, how to set or change these settings, and the effect of turning off these settings is described below.
Users may enable or disallow RBAR to collect location data from their mobile devices in the RBAR app. Users can enable or disallow such collections through the settings on their mobile devices.
Users may enable RBAR to send push notifications about discounts and news from RBAR. Push notifications may be enabled or disabled in the RBAR app.
Users may opt out of receiving promotional emails from RBAR. Users may also opt out of receiving emails and other messages from RBAR by following the unsubscribe instructions in those messages. We may still send users who have opted out non-promotional communications, such as receipts for Services or information about their account.
RBAR provides users with a variety of ways to learn about, control, and submit questions and comments about RBAR’s handling of their data.
In addition, depending on their location, users may have the right to file a complaint relating to RBAR’s handling of their personal data with the data protection authority in their country. For example, users in the European Union and South America may submit such requests to the data protection authorities in the country in which they live.
We may occasionally update this notice. Use of our services after an update constitutes consent to the updated notice to the extent permitted by law. If we make significant changes, we will notify users in advance of the changes through the RBAR apps or through other means, such as email. We encourage users to periodically review this notice for the latest information on our privacy practices. After such notice, use of our services by users in countries outside the European Union will be understood as consent to the updates to the extent permitted by law.
This website is operated in the United States. If you are located in the EEA or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.
These countries do not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that the United States provides an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to the derogation in Article 49 permitting non-repetitive transfers that concern only a limited number of data subjects, as permitted by Article 49 of the General Data Protection Regulation that is designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.
If you would like further information, see “Contact Information” below. We will not otherwise transfer your personal data outside of the United Kingdom or EEA or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
If you want to unsubscribe from receiving e-mails from RBAR, you may do so at any time. Each e-mail from RBAR includes instructions for unsubscribing from these e-mail communications.
If you are covered by the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:
You may also have the right to claim compensation for damages caused by our breach of any data protection laws.
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation, available at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/ .
If you would like to exercise any of those rights, please:
If RBAR becomes aware that any Minor is submitting or has submitted Personal Information to the Site without parental consent, we will delete and/or discard any Personal Information within our control as soon as possible.
In addition, for purposes of the Children’s Online Privacy Protection Act (“COPPA”), RBAR makes the following statement: The Site is not directed to or intended for persons under the age of 13. If RBAR becomes aware that any person submitting Personal Information is under the age of 13, we will delete and discard any Personal Information within our control as soon as possible.
If you are a resident of California (“California Users”), in addition to the rights set forth in this Privacy Policy, you generally have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes. However, under the law, a business is not required to provide this information if it adopts and discloses to the public in its privacy policy a practice of not disclosing a user’s personal information to third parties for their direct marketing purposes unless the user first affirmatively agrees to the disclosure. Rather, the business may comply with the law by notifying California Users of their rights to prevent disclosure of personal information and providing a cost-free means to exercise that right. As stated above, RBAR does not share personal information with third parties for their direct marketing purposes unless you have requested us to do so, or have otherwise consented, and then subject to your right to opt-out of sharing your personal information for third party marketing purposes.
Please note that whenever you opt-in to receive future communications from a third party, your information will be subject to the third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use your information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.
California Users may request further information about our compliance with this law by e-mailing: tech@rbarapp.com. Please note that we only are required to respond to one request per user each year, and we are not required to respond to requests made by means other than through this e-mail address.
We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so.
Please note that any comments or information that you post on the website, including any RBAR social media pages, become public and third parties may use your information. RBAR is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.
You may see advertising or other content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties. Any products or services reached through a third-party link are subject to separate privacy policies. RBAR is not responsible for or liable for any content on or actions taken by such third-party websites.
We hope that we can resolve any question or concern you raise about our use of your information. If you are covered by the General Data Protection Regulation, you may lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at: tech@rbarapp.com.
If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).
Policy Last Updated: November 11, 2020
RBAR, LLC HOST AGREEMENT EFFECTIVE: November 11, 2020
(a) Host and Guests will abide by all applicable laws regarding the purchase, service and consumption of alcohol.
(b) All photo identification provided to rBar is valid and accurate and no one under the age of 21 will consume alcohol at the Event, even if purchased by an adult Host, Guest, parent or guardian;
(c) rBar shall be the exclusive provider of alcohol during the Event. No alcohol may be served by Host or Guests.
(d) Host has permission from the property owner(s) to hold the Event at the Premises.
(e) Host will be present for the duration of the Event, because Host acknowledges that rBar will not have a continuous presence at the Event;
(f) During the Event, Host will consume alcohol responsibly and monitor Guests’ behavior and Services provided to Guests via the App. Host agrees to remove a Guest from the Event if the Guest is visibly intoxicated or poses a risk to any person or property.
(g) Host is responsible for all Guest actions during an Event, including but not limited to any property damage caused by Host or any Guest. Host acknowledges and agrees that Host is assuming criminal liability if any law enforcement agency determines illegal activity has occurred at the Premises during the Event.
(h) Host acknowledges and agrees that the consumption of alcoholic beverages by an individual is the proximate cause of any injury or damage to property or person, including death, that may result from the over-consumption of alcoholic beverages.
(a) To the maximum extent allowed by law, Host agrees to indemnify and hold harmless rBar, its owners, employees, independent contractors, agents, affiliates, and franchisees (collectively, the “Indemnitees”) against any and all losses, damages, fines, penalties, liabilities, suits, claims, demands, costs and expenses, including any and all attorneys’ fees and expenses, (collectively, “Losses”) which the Indemnitees may incur by reason of: (i) Host’s acts, omissions or forbearance arising out of or related to the Services or an Event; (ii) any breach by Host or any Guest of any provision of this Agreement or the RBAR, LLC Terms and Conditions; and (iii) any claims for bodily injury, illness or property damage arising out of or related to the Services or an Event.
(b) If any action at law or suit in equity is instituted by a third party with respect to which rBar intends to claim any liability or expense as Losses under this Section, rBar shall promptly notify the indemnifying party of such action or suit.
(c) rBar shall have the right to defend, conduct, control, or settle, through counsel of its own choosing, any third- party claim, action, or suit, and to recover from the indemnifying party the amount of such settlement or of any judgment and the costs and expenses of such defense, including any and all attorneys’ fees and expenses. rBar may compromise or settle any third-party claim, action, or suit without the prior written consent of the indemnifying party.
(d) To the extent any Loss of an Indemnitee is reduced by receipt of payment under insurance policies, such payment, net of the expenses of the recovery thereof (such net payment being referred to herein as a “Reimbursement”), shall be credited against such Loss. If any Reimbursement is obtained subsequent to payment by any of the Indemnifying Persons in respect of Losses, such Reimbursement shall be promptly paid over to the indemnifying party. Further, Host agrees that no insurance company shall be entitled to assert a claim for subrogation or otherwise against any Indemnitee relating to the payment by an insurance company to any Indemnitee.
(e) Notwithstanding anything contained in this Agreement to the contrary, all representations, warranties, covenants and agreements contained in this Agreement shall survive the execution and delivery of this Agreement.
RBAR, LLC HOST AGREEMENT EFFECTIVE: November 11, 2020
(a) Host and Guests will abide by all applicable laws regarding the purchase, service and consumption of alcohol.
(b) All photo identification provided to rBar is valid and accurate and no one under the age of 21 will consume alcohol at the Event, even if purchased by an adult Host, Guest, parent or guardian;
(c) rBar shall be the exclusive provider of alcohol during the Event. No alcohol may be served by Host or Guests.
(d) Host has permission from the property owner(s) to hold the Event at the Premises.
(e) Host will be present for the duration of the Event, because Host acknowledges that rBar will not have a continuous presence at the Event;
(f) During the Event, Host will consume alcohol responsibly and monitor Guests’ behavior and Services provided to Guests via the App. Host agrees to remove a Guest from the Event if the Guest is visibly intoxicated or poses a risk to any person or property.
(g) Host is responsible for all Guest actions during an Event, including but not limited to any property damage caused by Host or any Guest. Host acknowledges and agrees that Host is assuming criminal liability if any law enforcement agency determines illegal activity has occurred at the Premises during the Event.
(h) Host acknowledges and agrees that the consumption of alcoholic beverages by an individual is the proximate cause of any injury or damage to property or person, including death, that may result from the over-consumption of alcoholic beverages.
(a) To the maximum extent allowed by law, Host agrees to indemnify and hold harmless rBar, its owners, employees, independent contractors, agents, affiliates, and franchisees (collectively, the “Indemnitees”) against any and all losses, damages, fines, penalties, liabilities, suits, claims, demands, costs and expenses, including any and all attorneys’ fees and expenses, (collectively, “Losses”) which the Indemnitees may incur by reason of: (i) Host’s acts, omissions or forbearance arising out of or related to the Services or an Event; (ii) any breach by Host or any Guest of any provision of this Agreement or the RBAR, LLC Terms and Conditions; and (iii) any claims for bodily injury, illness or property damage arising out of or related to the Services or an Event.
(b) If any action at law or suit in equity is instituted by a third party with respect to which rBar intends to claim any liability or expense as Losses under this Section, rBar shall promptly notify the indemnifying party of such action or suit.
(c) rBar shall have the right to defend, conduct, control, or settle, through counsel of its own choosing, any third- party claim, action, or suit, and to recover from the indemnifying party the amount of such settlement or of any judgment and the costs and expenses of such defense, including any and all attorneys’ fees and expenses. rBar may compromise or settle any third-party claim, action, or suit without the prior written consent of the indemnifying party.
(d) To the extent any Loss of an Indemnitee is reduced by receipt of payment under insurance policies, such payment, net of the expenses of the recovery thereof (such net payment being referred to herein as a “Reimbursement”), shall be credited against such Loss. If any Reimbursement is obtained subsequent to payment by any of the Indemnifying Persons in respect of Losses, such Reimbursement shall be promptly paid over to the indemnifying party. Further, Host agrees that no insurance company shall be entitled to assert a claim for subrogation or otherwise against any Indemnitee relating to the payment by an insurance company to any Indemnitee.
(e) Notwithstanding anything contained in this Agreement to the contrary, all representations, warranties, covenants and agreements contained in this Agreement shall survive the execution and delivery of this Agreement.