Vers. 1.0
By installing the Rave Me Away (RMA) application software or utilizing any associated wearable device, You agree to abide by the terms and conditions outlined herein. Your access to and voluntary use of the RMA application software and its related systems are governed by these Terms and Conditions. (“Terms and Conditions”).
This agreement constitutes a contract between You and Rave Me Away LLC, a Texas limited liability company, located at 4510 Mandell Street, Houston, Texas 77006. These Terms and Conditions regulate Your usage of our wearable devices, of our software, our applications, our content, and and our functionality, collectively referred to as the "RMA Service."
“You” means any person using the RMA Service on from a device, whether a wearable device preinstalled with the RMA application software or a personally-owned device onto which the RMA application software has been installed, and used as intended in these Terms and Conditions. “Your” shall be construed accordingly.
The RMA Service is designed for individuals who are of legal age to consent to and engage in contracts. By utilizing the RMA Service, You confirm that You are at least eighteen (18) years old or meet any higher minimum age requirement in Your jurisdiction, and possess the legal capacity to agree to the terms outlined in these Terms and Conditions. If You have parental or guardianship rights over a person, You may affix one of our wearable devices to them or install the Rave Me Away application software on a phone owned by You and used by them, and enter into a contract on their behalf. Without such authorization from a parent or guardian, individuals lacking contractual capacity are not permitted to use the RMA Service.
The RMA Service is intended to support event providers ("Event Hosts") in managing events ("Events") for participants, including assisting in locating selected participants within the event vicinity. RMA does not administer or operate Events and bears no responsibility for implementing safety measures or protocols, including for or on behalf of any Event Hosts or at any Event. It is the Event Host's responsibility to implement and ensure compliance with safety guidelines, regulations, and best practices during the Event(s). RMA assumes no responsibility for such actions or compliance. Event Hosts may choose to utilize the RMA Service alongside other applications and protocols to enhance the experience at the Event.
The RMA Service is for informational purposes only and are not intended to, and cannot, diagnose, prevent or stop diseases, injuries, fatalities, or health conditions of any kind. The RMA Service is not and shall not be considered, or used as a substitute for, medical, or any other professional advice, diagnosis or treatment.
The RMA Service does not constitute the practice of medicine or any medical or professional health care advice, diagnosis or treatment. RMA is not responsible for any claims or injury of any kind arising out of or related to an Event Host’s or a Participant’s reliance on information, including but not limited to data regarding a Participant (“Participant Data”) contained within or transmitted through the RMA Service.
By utilizing the RMA Service, You acknowledge and accept that RMA does not provide any assurances concerning Your safety during, or in relation to, Your attendance or participation in any Event connected to the Service. Additionally, You recognize and acknowledge that an Event Host may grant or deny Your access to an Event based on Participant Data, and RMA bears no responsibility for the Event Host's decision to grant or deny access.
You recognize that RMA is not engaged in the preparation, operation, or management of Events, except for the limited purpose of attempting to identify the location data of Participants as deemed appropriate by RMA. Therefore, RMA bears no responsibility and assumes no liability for any damages You may suffer as a result of an Event or due to actions or omissions of an Event Host.
The RMA application software or wearable devices may contain links to or bear advertising of third party products or services, which may be posted or applied by advertisers, our affiliates, our partners, or other users (“Third Party Content”). Such Third Party Content is not within the control of RMA and therefore RMA makes no representations as to such products or services or the content of such marketing, and is not responsible for any of such products or services. Your use of Third Party Content is at Your own risk.
RMA is authorized to collect, retain, store, and use data as deemed appropriate by RMA in its sole discretion as Participant Data. Such Participant Data may include, but is not limited to, Your name, email, age, address, social media handles, emergency contracts, and other personal identifying data. By providing any Participant Data, You grant RMA and anyone authorized by RMA a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, assign, display, distribute, perform, reproduce in whole or in part, and modify the Participant Data in any medium or any manner in whole or part, without any restrictions to You. Participant Data may be used to aid in locating You at the Event and to identify and assess how Participants traveled through the Event, all of which may be shared by RMA with the Event Host. The Event Host may, as it deems necessary in its sole discretion, share some or all of the Participant Data to health and safety personnel, law enforcement, Event vendors, and others. Further, RMA may automatically collect certain information, including Your browser type, operating system, and other usage details. This information helps RMA enhance the functionality of the RMA Service and improve user experience.
You may use the RMA Service only for lawful purposes as an individual seeking a relationship in accordance with these Terms of Service. You agree NOT to use the RMA Service in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) and agree not to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the RMA Service, or which, as determined by us, may harm RMA or users of the RMA Service, or expose them to liability.
Additionally, You agree not to use the RMA Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the RMA Service, including their ability to engage in real time activities through the RMA Service or attempt to gain unauthorized access to, interfere with, damage, or disrupt the RMA Service, the associated computer systems, or the associated hardware.
Occasionally, and prior to an Event, RMA reserves the right to amend these Terms and Conditions at its discretion. In such cases, RMA will make reasonable efforts to inform You of these modifications, which may include requiring Your acceptance of the changes for continued usage, displaying prominent notices during login, and/or sending electronic communications via email, text, or other notification systems.
Use of the RMA Service after notice of the update is provided to You will constitute Your acceptance (“Acceptance”) of the updated terms as of the provided effective date.You agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. By using the RMA Service, You represent that You are not: (a) a citizen or resident of a geographic area in which access to or use of the RMA Service is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation.
You agree that if Your country of residence or other circumstances change such that the above representations are no longer accurate, that You will immediately cease using the RMA Service.
Any breach of these Terms and Conditions will result in immediate termination without prior notice. RMA reserves the right to suspend or terminate Your access to the RMA Service at any time, for any reason or without reason, at our sole discretion and without liability or notice. You acknowledge that any violation of these Terms and Conditions by You constitutes an unlawful and unfair business practice, causing irreparable harm to RMA. In such instances, You consent to RMA seeking injunctive or equitable relief deemed necessary or appropriate by RMA. These remedies are in addition to any other legal or equitable remedies available to us.
You may terminate these Terms at any time and for any reason by deleting the RMA application software and/or discarding any wearable devices and discontinuing Your use of the RMA Service.
The RMA Service, the software application, technology incorporated in the wearable devices, and the distinctive terms associated with the provision of the RMA Service are owned by the RMA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
RMA hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the RMA Service in accordance with these Terms and Conditions in connection with an Event. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the RMA Service except as permitted by these Terms and Conditiions.
The RAVE ME AWAY marks and marks associated with related goods and services are trademarks of RMA or its affiliates or licensors.
WE PROVIDE THE RMA SERVICE "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE RMA SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE RMA SERVICE AND THE SOFTTWARE APPLICATION ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE RMA SERVICE IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
IN NO EVENT WILL RMA BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON AND YOU EXPRESSLY AND UNCONDITINALLY RELEASE RMA FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF RMA SERVICE, INCLUDING ANY MOBILE APPLICATION, WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF RMA SERVICE, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THE RMA SERVICE. IN NO EVENT WILL RMA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TWENTY DOLLARS ($20).
YOU AGREE TO INDEMNIFY AND HOLD RMA, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ANY RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM HARMLESS, INCLUDING COSTS, LIABILITIES AND LEGAL FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (I) YOUR ACCESS TO OR USE OF THE RMA SERVICE, (II) ANY VIOLATION OF THESE TERMS OF SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU, (III) THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, (IV) ANY CONTENT, INCLUDING BUT NOT LIMITED TO PARTICIPANT DATA, THAT YOU SUBMIT, OR (V) ANY CLAIM THAT MEDICAL SERVICES WERE DELAYED OR NOT RENDERED DUE TO ANY MALFUNCTION OF THE RMA SERVICE.
IN STATES WHERE THE LAW DOES NOT RECOGNIZE A CAP ON LIABILITY AND/OR INDEMNITY OBLIGATIONS, YOU AGREE TO HOLD HARMLESS RMA AND BE FULLY RESPONSIBLE FOR ANY LOSS, LIABILITY AND/OR LEGAL FEES THAT ARISE FROM THE VIOLATION OF THE TERMS AND CONDITIONS HEREIN.
The RMA Service is not directed to individuals under the age of 13, and RMS does not knowingly collect personal information from children. If You are a parent or guardian and believe Your child has provided RMA with personal information, please contact RMA.
These Terms of Service, all related documents and any claim related to or arising from these Terms and Conditions will be governed by and construed in all respects by the laws of the United States of America and by the laws of the State of Texas without giving effect to any conflict of laws principles that require the application of the law of a different jurisdiction. You hereby consent to personal jurisdiction of, and venue in, the state and federal courts in Harris, County, Texas and agree that all actions relating to or arising from, directly or indirectly, this Agreement shall be brought exclusively in such courts.
Any reference in this Terms and Conditions to any statute or governmental administrative rule shall be construed as a reference to that statute or rule as amended, re-enacted or revised at the relevant date.
The hearings in this Terms and Conditions are for convenience only and shall not affect its interpretation.
Upon termination of these Terms and Conditions, clauses that explicitly or inherently require performance after termination or expiration will persist and remain fully effective. This includes provisions related to intellectual property protection, indemnification, fee payment, and limitations of liability, as they inherently necessitate action or compliance beyond termination. Termination of these Terms and Conditions for any reason does not absolve You of obligations incurred prior to termination or obligations arising from acts or omissions preceding termination.
Any lack enforce any term or condition by RMA in these Terms and Conditions does not constitute a waiver of that term or condition, nor does it imply a waiver of any other term or condition. Additionally, any lack of assertion by RMA of a right or provision under these Terms and Conditions does not waive that right or provision. If a court or other tribunal of competent jurisdiction deems any provision of these Terms and Conditions invalid, illegal, or unenforceable, such provision will be modified or limited to the minimum extent necessary, while the remaining provisions of the Terms and Conditions will remain in full force and effect.
You may not assign the Terms and Conditions, or any of its rights or obligations hereunder, without RMA’s prior written consent in the form of a written instrument signed by a duly authorized representative of RMA. RMA may freely assign this Terms and Conditions without Your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms and Conditions are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
