RODEO LOGISTICS WEBSITE TERMS OF USE
Effective Date: February 1, 2023
INTRODUCTION
This user agreement (“User Agreement”) is a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and Rodeo Logistics, LLC (together with its affiliates, “RoLo,” “we,” “our,” or “us”) for the access to and use of our platforms via a website provided by RoLo (“Website”) or mobile application provided by RoLo (“Mobile App”), including the (i) Rodeo Entry Tool (“RET”) that allows users to enter to compete in Events (defined below) and pay fees and related charges; (ii) Open Stalls (“Open Stalls”) that allows users to rent physical space and purchase materials at Events; (iii) NextGenRodeo (“NextGenRodeo”) that allows users to enter to compete in Events, pay fees and related charges, access photos and videos of certain Events, and manage Events; and (iv) Jackpot Junkie (“Jackpot Junkie”) that allows users to offer equine services and identify professional equine contests and jackpots (RET, Open Stalls, NextGenRodeo, Jackpot Junkie, and any other RoLo platforms, collectively, the “Platforms”). The Platforms may be used individually or jointly to participate in certain designated events (“Events”). We may periodically make changes to this User Agreement and will notify you by posting a revised version on a Website. The revised User Agreement will become effective immediately upon such notice, and your continued use of the Websites and Mobile Apps will constitute acceptance of the revised User Agreement.
This User Agreement is subject to RoLo’s terms of service located at https://rodeologistics.co/terms-of-use/ (“Terms of Service”) and privacy policy located at https://rodeologistics.co/terms-and-policy/ (“Privacy Policy”), in all respects. The Terms of Service and Privacy Policy are incorporated herein by reference. In the event of a conflict between the terms of this User Agreement and the terms of the Terms of Service, this User Agreement shall control but solely with respect to the Platforms.
YOUR ACCOUNT
BY ACCESSING AND USING THE PLATFORMS YOU AGREE TO BE BOUND BY THIS USER AGREEMENT AS WELL AS THE TERMS OF SERVICE AND PRIVACY POLICY. YOU ALSO AGREE TO BE BOUND BY THE WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATION OF LIABILITY PROVISIONS IN THIS USER AGREEMENT AND THE TERMS OF SERVICE. IF YOU DO NOT UNDERSTAND OR AGREE TO THIS USER AGREEMENT, THE TERMS OF SERVICE OR THE PRIVACY POLICY, DO NOT ACCESS OR USE THE PLATFORMS WEBSITES OR MOBILE APPS, AND PLEASE EXIT THE PLATFORMS, WEBSITES OR MOBILE APPS NOW.
In order to use the Platforms or our related services, you must register for an account (your “Account”) with us. You must be at least 18 years old to have an Account, and by registering for one, you represent to us that you are at least 18 years old. If you are a minor at least 13 years old that wishes to use the Platforms in connection with Events in which you are permitted to participate, you may only do so only if your parent or legal guardian expressly consents to your use of the Platforms, signs up for and administers an Account on your behalf, and agrees that they and you will be bound by the terms and conditions of this User Agreement. Minors under the age of 13 may not use the Platforms.
When opening an Account, you (or if you are a minor, your parent or legal guardian) must provide complete and accurate information and you (or if you are a minor, your parent or legal guardian) must provide a valid credit card or debit card (“Payment Method”) to be maintained with our designated third-party payment processor. If your registration or Payment Method changes at any time, you must promptly update such information in your Account. We reserve the right to temporarily or permanently suspend your Account and any ongoing subscriptions if we determine, in our sole discretion, that it contains incomplete or inaccurate information.
You are solely responsible for maintaining the confidentiality of your Account information and password. You are solely responsible for any activity relating to your Account. Your Account is not transferable to another party.
THE EVENTS
RoLo does not organize, produce or operate, and is not in any way responsible for or affiliated with, any Events. While we may provide information about Events through the Platforms, such details are for informational purposes only and we make no representation and give no warranty regarding their accuracy. RoLo has no control over Events and is not responsible for the conduct, quality, safety, or legality of any Event or your participation in them.
THIS USER AGREEMENT DOES NOT GIVE YOU THE RIGHT TO PARTICIPATE IN AN EVENT. IN ORDER TO PARTICIPATE IN AN EVENT, YOUR RIGHT TO PARTICIPATE WILL BE GOVERNED EXCLUSIVELY BY ANY AGREEMENTS WITH THE EVENT ORGANIZER. IN ORDER TO PARTICIPATE IN AN EVENT, YOU MUST COMPLY WITH ANY REQUIREMENTS AND ENTER INTO ANY SEPARATE AGREEMENTS THAT MAY BE REQUIRED BY THE ORGANIZER OF SUCH EVENT, WHETHER SUCH AGREEMENTS ARE AVAILABLE THROUGH ROLO ON BEHALF OF THE ORGANIZER OR THROUGH THE ORGANIZER. YOU ACKNOWLEDGE THAT THIS USER AGREEMENT SUPERSEDES ANY OTHER AGREEMENTS WITH AN ORGANIZER OR OTHER THIRD PARTIES AND IN NO EVENT SHALL ROLO HAVE ANY LIABILITY TO YOU UNDER ANY AGREEMENTS THAT ARE REQUESTED OR REQUIRED BY THE ORGANIZER. ROLO EXPRESSLY DISCLAIMS, AND YOU AGREE TO RELEASE ROLO FROM, ANY LIABILITY UNDER THIS USER AGREEMENT WITH RESPECT TO YOUR ATTENDANCE AT OR PARTICIPATION IN AN EVENT.
FAIR COMPETITION AND CONDUCT
You agree to use the Platforms and to compete in all Events fairly and in good faith, in accordance with applicable laws and all rules, guidelines, or codes of conduct applicable to such Events.
RoLo reserves the right, in its sole discretion, immediately and without prior notice or liability to you, to terminate your use of the Platforms cause you to forfeit any Events you may have entered if we determine, in our sole discretion, that you have, by way of example and not limitation, engaged in or are suspected to have engaged in conduct RoLo deems to be improper, unfair or adverse to the operation of the Platforms, or detrimental to other users of the Platforms or RoLo, are not at least 13 years old at the time of registration (or if at least 13 but younger than 18, you register for an Event or use the Platforms without a valid parental consent on file), reside in a jurisdiction where participation is prohibited by law, are suspected of cheating, colluding with other Event participants or violating this Agreement or any rules applicable to the Events, falsify personal information during registration, attempt to influence the outcome or results of any Event, abuse, harass, impersonate, intimidate or threaten other Event participants, violate any code of conduct or similar policy or guidelines that may be adopted by RoLo from time to time (including, if applicable, prohibitions against animal cruelty, domestic abuse or other designated categories of immoral conduct) or violate the Terms of Service or Privacy Policy.
You acknowledge that in no way shall RoLo be prevented from also pursuing criminal or civil proceedings in connection with such conduct.
SERVICE FEES
RoLo may charge you fees for using the Platforms or entering to compete in Events through the Platforms. Service fees may vary depending on your payment plan, subscription, or the type and location of the Event, among other factors. RoLo may in our sole and absolute discretion change our service fees at any time. All applicable service fees will be disclosed to you prior to you taking any action that would incur such service fees. Payment of all service fees will be handled by our third-party payment processor. The fees charged by RoLo for use of the Platforms are not refundable or creditable under any circumstances, even if you do not participate in the applicable Event for any reason.
CHANGES AND AVAILABILITY
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platforms or any portion of any of it for any reason and with or without notice. We perform regularly scheduled maintenance on the Platforms, and while we do our best to avoid impact to you, the Platforms may be temporarily unavailable during the periods of such maintenance. RoLo shall have no responsibility or liability for any consequences resulting from your inability to use the Platforms during any period of unavailability.
ACKNOWLEDGEMENT OF RISK
In consideration for being allowed to use the Platforms, any websites linked to it, any content on the Platforms or other such websites, or obtain items through the Platforms or other such websites, or participate or attend any Events, including present and future rodeo or similar events, through or that directly or indirectly result from your use of the Platforms, you acknowledge the risks associated with use of the Platforms and that rodeo and similar activities are inherently dangerous and exposes event participants to serious and significant risks, including risks of personal injury, death and damage to property.
WAIVER, RELEASE AND ASSUMPTION OF RISK
BEING FULLY AWARE OF ALL SUCH RISKS, IN CONSIDERATION OF BEING PERMITTED TO USE THE PLATFORMS AND PARTICIPATION IN ANY EVENT ACCESSED OR ENTERED THROUGH THE PLATFORMS, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, KNOWINGLY ASSUME THE RISK OF SUCH USE AND PARTICIPATION AND DO HEREBY RELEASE, ACQUIT AND FOREVER DISCHARGE AND WAIVE ANY AND ALL CLAIMS, OBLIGATIONS, DEMANDS, CAUSES OF ACTION OR LIABILITY OF ANY KIND WHATSOEVER – WHETHER KNOWN OR UNKNOWN; SUSPECTED OR CLAIMED; REAL, POTENTIAL OR HYPOTHETICAL; DISCLOSED OR UNDISCLOSED; EXISTING OR CONTINGENT; SOUNDING IN LAW, EQUITY OR OTHERWISE IN TORT, CONTRACT OR OTHERWISE – AGAINST ROLO AND EACH OF ITS PARENTS, AFFILIATES, PREDECESSORS AND SUCCESSORS, AND EACH OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OFFICIALS, AGENTS, MEMBERS, VOLUNTEERS AND/OR EMPLOYEES, AND ALL OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, ORGANIZERS, INSURERS, OWNERS AND, IF APPLICABLE, LESSORS OF PREMISES USED TO CONDUCT EVENTS AND ANY RELATED ACTIVITIES WHEREVER CONDUCTED (COLLECTIVELY, THE “RELEASEES”) UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR DIRECTLY OR INDIRECTLY RESULTING FROM YOUR USE OF THE PLATFORMS, ANY WEBSITES OR MOBILE APPS LINKED TO IT, ANY CONTENT ON THE PLATFORMS OR SUCH OTHER WEBSITES OR MOBILE APPS, ANY ITEMS OBTAINED THROUGH THE PLATFORMS OR SUCH OTHER WEBSITES OR MOBILE APPS, OR ANY EVENTS, INCLUDING PRESENT AND FUTURE EVENTS, YOU ENTERED OR ACCESSED THROUGH OR AS A DIRECT OR INDIRECT RESULT OF THE PLATFORMS, INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS WITH RESPECT TO (A) GROSS NEGLIGENCE, NEGLIGENCE OR NEGLIGENCE PER SE (WHETHER SOLE, JOINT OR CONCURRENT) OF ANY RELEASEE, STRICT LIABILITY OR PREMISES LIABILITY; (B) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE; (C) ACTS OF OTHER PARTICIPANTS IN OR ATTENDEES OR GUESTS AT ANY EVENT ENTERED OR ACCESSED THROUGH THE PLATFORMS OR ANY PERSONNEL AT THE EVENT VENUES; AND (D) ANY OTHER RISKS OR HAZARDS ASSOCIATED WITH YOUR ATTENDANCE AT OR PARTICIPATION IN EVENTS ACCESSED THROUGH THE PLATFORMS, INCLUDING WITHOUT LIMITATION THE GENERAL CONDITIONS OF THE VENUES OF THE EVENTS, EXPOSURE TO WILD OR DOMESTIC ANIMALS, EXPOSURE TO ANY ILLNESS OR DISEASE AND DRIVING OR RIDING IN ANY VEHICLE, WHETHER BELONGING TO A RELEASEE OR ANOTHER PERSON (COLLECTIVELY, THE “RELEASED CLAIMS”). WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT NO RELEASEE WILL BE LIABLE TO YOU, YOUR FAMILY OR YOUR GUESTS FOR PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, MONETARY DAMAGE OR ANY OTHER CLAIM DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORMS OR PARTICIPATION IN, OR SUCH OTHER PERSON’S ATTENDANCE AT, EVENTS ENTERED OR ACCESSED THROUGH THE PLATFORMS.
INDEMNIFICATION
YOU, FOR YOURSELF AND ON BEHALF OF YOUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES WITH RESPECT TO ANY AND ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, COSTS, EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS), OBLIGATIONS, LIENS, LIABILITIES, ACTIONS AND CAUSES OF ACTION, THREATENED OR ACTUAL, THAT ANY ONE OF THE RELEASEES MAY SUFFER OR INCUR ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS OR USE OF THE PLATFORMS; (B) YOUR BREACH OF THIS USER AGREEMENT; (C) YOUR SUBMISSION OR TRANSMISSION OF ANY CONTENT TO OR THROUGH THE PLATFORMS; (D) YOUR OR OUR ACCESS OR USE OF ANY CONTENT; (E) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER (INCLUDING INTELLECTUAL PROPERTY RIGHTS, PUBLICITY RIGHTS OR RIGHTS TO PRIVACY); (F) YOUR PARTICIPATION IN ANY EVENT ACCESSED OR ENTERED THROUGH THE PLATFORMS; OR (G) LIABILITIES, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND, INCLUDING ATTORNEYS’ FEES, IN EACH CASE IN ANY WAY CONNECTED WITH OR ARISING OUT OF A RELEASED CLAIM. THE FOREGOING INDEMNIFICATION SHALL SURVIVE ANY TERMINATION OR THE EXPIRATION OF THE TERM OF THIS AGREEMENT.
Governing law
This agreement shall in all respects be interpreted, enforced and governed under the laws of the State of Texas, without regard to any rules of conflict of laws that would require the application of the laws of a State other than Texas.
Dispute Resolution
If there is any dispute, claim, question or disagreement concerning or relating to this Agreement or your use of the Platforms (a “Dispute”), you (and your parent or legal guardian if you are a minor) shall notify RoLo in writing to attempt to resolve such Dispute in good faith negotiations. For a period of 30 days following such notification, the parties shall use their best efforts to settle any such Dispute in these good faith negotiations, which shall be a condition precedent to either party initiating arbitration. You (and your parent or legal guardian if you are a minor) agree that any Dispute must be filed within one year after such Dispute first arises or it is forever barred. All Disputes, regardless of the grounds upon which such Dispute is brought, shall be settled by binding arbitration conducted by a single, independent arbitrator and administered by the American Arbitration Association Commercial Arbitration Rules and procedures then in effect, but excluding any rules or procedures governing or permitting class actions. By agreeing to arbitrate all Disputes, each party waives all rights to a trial by jury in any action or proceeding involving any Disputes. The arbitration shall take place in Travis County, Texas. You (and your parent or legal guardian if you are a minor) agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and you (and your parent or legal guardian if you are a minor) waive any argument that such forum does not have personal jurisdiction, is not appropriate or is inconvenient. You (and your parent or legal guardian if you are a minor) further agree that all Disputes and causes of action arising out of or in connection with the Event, or any prizes awarded, shall be resolved individually without resort to any form of class action and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Dispute of any other party – the arbitrator shall have no authority to arbitrate any Dispute as a class action or in any other form other than on an individual basis. Judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
MISCELLANEOUS
Nothing in this User Agreement shall create a partnership, agency, joint venture, employment, or other legal relationship of any kind between us and you. This Agreement constitutes the entire agreement between the you and RoLo relating to the Platforms and this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter, including any separate agreements you enter with event organizers.