Terms of Website Service
Last updated: 1/30/2023

Please read these Terms of Service ("Terms", "Agreement") carefully before using the tickets.monstertruckz.com website (the "Website") operated by Official Monster Truckz Tour! ("us", "we", or "our"). We provide this Website and the data, information, tools, software, updates and similar materials or services (altogether, the “Services”), subject to your agreement to and compliance with these Terms. Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree and consent to these Terms, please do not use the Website and/or the Services.

1. IMPORTANT NOTICES

A. We are a Florida LLC. Our address is PO BOX 25777 Sarasota, FL 34277. To contact us, please email fun@monstertruckz.com or write to us at PO BOX 25777 Sarasota, FL 34277.

B. By using and/or visiting the Website, you represent that you have read, understand, and agree to all the terms and conditions of this Agreement, including our privacy policy published at tickets.monstertruckz.com (“Privacy Policy”), incorporated herein by reference.

C. We reserve the right to change, modify, add to, or otherwise alter this Agreement at any time, or to change or discontinue any aspect or feature of the Website or Services without notice to you. Such changes, modifications, additions or deletions shall be effective immediately upon their posting on the Website. If you disagree with any changes to the Website or Services, you must stop using the Website and Services. You agree to review this Agreement periodically to be aware of such revisions. Your use of the Website and/or Services after we post of such changes, modifications, additions or deletions constitutes your acceptance of such changes, modifications, additions or deletions.

2. LICENSE

A. As long as you are in compliance with all the terms and conditions of this Agreement (and all incorporated documents) and have paid any applicable Fees (as defined below), we hereby grant to you during the Term (as defined below) a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Website, and to access and receive the Services thereon that are intended for public display or access. Any rights not explicitly granted in this Agreement are strictly withheld and reserved by us.

B. You agree that (i) except in your normal use of the Website, you will not copy or distribute any part of the Website or Services in any medium without our prior written authorization; (ii) you will not alter or modify any part of the Website or Services other than as is necessary to use the Website or Services for their intended purposes; and (iii) you will otherwise comply with this Agreement.

3. RESTRICTIONS

A. You agree that you will not violate any applicable law or regulation in connection with your use of the Website or Services.

B. You agree that you will not distribute, upload, make available or otherwise publish through the Website or Services any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or similar materials (“Submissions”) or graphics, text, information, links, profiles, personal information, name, likeness, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:

· are unlawful or encourage another to engage in anything unlawful;

· contain a virus or any other similar programs or software that may damage the operation of our or another’s computer and/or IT system;

· violate the rights of any party or infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party;

· are false, inaccurate, fraudulent or misleading; or

· are libelous, defamatory, obscene, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.

C. You further agree that you will not do any of the following:

· modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website or Services;

· interfere with or disrupt the operation of the Website or Services, including restricting or inhibiting any other person from using the Website or Services by means of hacking or defacing;

· transmit to or make available in connection with the Website or Services any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;

· attempt to probe, scan or test the vulnerability of a system or network of the Website or Services or to breach security or authentication measures without proper authorization;

· take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

· harvest or collect the information (which includes any email address or other contact information) of other users of the Website or Services;

· scrape or collect content from the Website or Services via automated or large group means;

· submit, post or make available false, incomplete or misleading information to the Website or Services, or otherwise provide such information to us;

· register for more than one user account; or,

· impersonate any other person or business.

D. In addition, although we reserve the right to review, remove or edit any Submissions or Content, we may not routinely screen, monitor, or review Submissions and Content on the Website or Services, including representation made by users of the Website and Service. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY SUCH INFORMATION. YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.

E. You agree that you are not licensed to access any portion of the Website or Services that is not public or made accessible for registered users, and you may not attempt to override any security measures in place on the Website or Services.

F. Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Website or Service shall not be limited to violations of this Restrictions section.

4. ELIGIBILITY

A. Some parts or all of the Website or Services may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend these eligibility requirements at any time. You are not eligible to use the Website or Services if:

1. doing so would violate any law or regulation (expressly including any US laws or regulations), including but not limited to export controls or restrictions; or

2. you have been prohibited or suspended from using our Services and/or the Website, for any reason.

B. You must be over the age of 18 to register an account on the Website or use the Services. By registering an account or by using the Services, you represent that you meet this minimum age requirement. In any case, you affirm that you are over the age of 13, as the Website and the Services are not intended for use by children under 13. If you are under 13 years of age, then please do not use the Website without the consent of your parent or guardian. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet service provider for more information.

5. FEES, TRANSACTIONS AND PAYMENTS

A. As more fully described on the Website, access to certain features of the Website or Services may require your payment of fees (“Fees”).

B. If you wish to purchase Services through the Website (each a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, and your email and/or physical address. We will treat any such information provided through the Website in accordance with this Agreement and the Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used for purposes of any Transaction.

C. You may be required to register your personal and/or financial information with us in order to use certain areas of the Website or the Services, for example, to access/provide Content or to initiate Transactions. In doing so, you agree that you will provide accurate and complete information. We may refuse to process your information or requested Transactions if we believe that you may be: i) impersonating another person; ii) violating the intellectual property or other rights of any entity; iii) posting content that is offensive; iv) providing information that we otherwise reject for any or no reason in our sole discretion; or v) in breach of this Agreement or any applicable laws.

D. We use a third-party payment processor (the “Payment Processor”) to charge Fees to you through your registered account for use of the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors made by the Payment Processor. You agree to pay us, through the Payment Processor, all charges for purchases made by you, and you authorize us, through the Payment Processor, to charge your chosen payment provider (e.g., credit card) (your “Payment Method”).

E. We will automatically charge your Payment Method when payments are due, as more fully identified on the Website.

F. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THE AUTHORIZATION TO CHARGE OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.

G. Your account will be considered delinquent if payment in full is not successful when a charge is initiated. Please note that you are responsible for payment of all applicable taxes, levies, or duties, and any other fees identified on the page on which you place your order for goods or services. For any issues not covered by our refund policy, such as your belief that a specific charge under this Agreement is incorrect, you must contact us in writing within thirty (30) days after the payment processing date, and set forth the nature and amount of the requested correction or credit; otherwise charges are final.

H. In addition to other applicable remedies, we reserve the right to suspend and/or terminate your access to the Services and/or terminate this Agreement if your Payment Method is declined or fails, and your account therefore is delinquent. Charges to delinquent accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees and court costs.

6. CREDENTIALS SECURITY

A. You understand and agree that in order to use certain functions of the Website or Services, you may be asked by us to provide certain credentials or other login information (“Credentials”). You are under no obligation to provide Credentials to us; however, if you do, you represent and warrant that you are authorized to provide these Credentials to us for use in connection with the Services, and that the Credentials are and will be true and accurate throughout the Term of this Agreement. By providing your Credentials, you agree that we may store and use the Credentials in accordance with our Privacy Policy.

B. If you are registered with a user account on the Website, you agree to keep your user name and password and/or any other Credentials needed to login to the Website or Services confidential and secure. You are responsible for controlling the access to and use of your account. You understand and agree that we may assume that instructions from an individual associated with your account are authoritative and should be acted upon by us. We are not responsible for any unauthorized access to your account or profile, and any ramifications of such access, and we are not required to take action to disable any account. You agree that you will not bring any action against us arising out of or related to any claimed unauthorized access using your account Credentials.

C. Notwithstanding the foregoing, if we believe that there has been an unauthorized access to your account, we may take reasonable efforts with reasonable speed, to disable or lock your account, or otherwise address your situation. In the event that you would like to report a breach, please contact fun@monstertruckz.com with the term “Account Breach Notice” in the subject line.

7. CONTENT SUBMITTED OR MADE AVAILABLE TO US

A. You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of your Content or Submissions. In order for us to provide the Services to you and for promotion of our Services, however, we require your permission to process, display, reproduce and otherwise use Content or Submissions you make available to us. Therefore, if you choose to submit any Content or Submissions (including your name, likeness and other personal information) to the Website or Services, or otherwise make any Content or Submissions available through the Services, you hereby grant to us a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Content or Submissions, including without limitation distributing part or all of the Content or Submissions in any media format through any media channels.

B. Notwithstanding the foregoing grant, information that you upload or make available for the purpose of using the Services (such as information about you or other persons, addresses, financial information, and similar related data) will only be used by us for the purpose of providing the Website and Services to you.

C. By submitting any Content or Submissions to us you hereby agree, warrant and represent that: (a) the Content and Submissions do not contain proprietary or confidential information, and the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) we are not under any confidentiality obligation relating to the Content or Submissions; (d) we shall be entitled to use or disclose the Content or Submissions in any way; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.

D. You acknowledge that we are under no obligation to maintain any information, materials, Content or Submissions that you submit, post or make available to or on the Website or Services. We reserve the right to withhold, remove and or discard any such materials at any time.

8. CONTENT SHARED THROUGH THE SERVICES

You understand that by sharing information on the Website or Services, and requesting information to be sent through the Services, you may be revealing information about yourself and/or your business that you may include and that may be generated by the Services. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.

9. LINKS TO THIRD PARTY WEBSITES

For your convenience, the Website contains links to the websites of third parties on which you may be able to obtain information or use services. For example, we may provide links to social media sites (e.g., Facebook, Twitter, LinkedIn, etc.). Except as otherwise noted, such third party websites, and such information and services are provided by organizations that are independent of us. We do not make any representations or warranties concerning such websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we cannot censor or edit the content of any third-party site. Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers. Your linking to or from any off-site pages or other websites is at your own risk. By using the Website, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and privacy policy of each other website that you visit.

10. OUR INTELLECTUAL PROPERTY

A. Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Website or Services (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.

B. You acknowledge that the software used to provide the Services and the Website, and all enhancements, updates, upgrades, corrections and modifications to the software (the “Software”), all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of us and/or our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited use rights set forth herein.

C. To the extent that you gain access to or receive any copies of such Software, you agree that you will delete such copies of the Software upon any termination of this Agreement, termination of your use of the Services, or at our request.

11. TERM AND TERMINATION

A. Before entering into this Agreement, we advise that you review and save a copy of this Agreement for your records.

B. The “Term” of this Agreement will continue until the Agreement is terminated as provided herein. We may suspend or terminate your account and cease doing business with you, if:

1. you have provided false or misleading information;

2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our Services to you; or

3. you have failed to comply with any terms of this Agreement.

We may also terminate the Agreement at any time, if we withdraw our Website or Services or cease to offer the ability to use an account.

C. Without limiting the foregoing or assuming any additional legal obligations, we reserve the right to terminate violators of the U.S. Copyright Act, in accordance with applicable law.

D. All rights that you grant to us herein related to Submissions and Content shall survive any termination of this Agreement. Further, to the degree permitted by law your representations, warranties and indemnification obligations herein shall survive any termination of this Agreement.

E. You may terminate this Agreement at any time (including if we have told you about an upcoming change to the functionality of your account or if there is a change to this Agreement which you do not accept ) by ceasing use of the Website or Services, and by closing your account.

F. Once this Agreement is terminated, you will no longer have access to your account. We may also delete the content you have uploaded, posted or created. Please note however that if you wish for us to delete your account, it may still exist for a while in our logs and backups.

12. DISCLAIMERS AND LIMITATION ON LIABILITY

A. We do not represent or warrant that access to the Services will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Services, or their features, at all times. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice.

B. Certain data displayed by the Services relies on the receipt of underlying data from third-party sources. Such data sources may not be real time or accurate, which may result in delays or inaccuracies in the displayed information.

C. The Website or Services may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.

D. Although we have the right to review, edit, remove or modify information from or on the Website or Services, we may not screen this material or control the sources of this information, and we do not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information.

E. Circular 230 Disclosure: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in the Website or Services, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

F. BY USING THE WEBSITE AND/OR SERVICES YOU AGREE AND ACKNOWLEDGE THAT WE PROVIDE THE WEBSITE AND SERVICES “AS IS”, TO THE DEGREE PERMITTED UNDER APPLICABLE LAWS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

G. USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER HARMFUL COMPONENTS.

H. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE AND/OR SERVICES, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

I. Notwithstanding the foregoing, in the event that a court shall find that any of the above disclaimers are not enforceable, then you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of the greater of the Fees you have paid to us during the most recent twelve (12) month period or$100.00, or (2) any indirect, incidental, punitive, special, exemplary or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website or Services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

J. SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED. ALL SUCH DISCLAIMERS OR LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LOCAL LAW.

13. INDEMNIFICATION

To the degree permitted under applicable law, you agree to defend, indemnify and hold harmless us, our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Website or Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of your Content or Submissions caused damage to a third party; or (v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Website or Services. This defense and indemnification obligation will survive this Agreement and your use of the Website and/or Services.

14. DISPUTES, GOVERNING LAW AND JURISDICTION

A. Where permitted under applicable laws, you agree that any claim or dispute arising out of or relating in any way to your use of the Website, Services or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The laws of the State of Delaware shall govern this Agreement, and shall be used in any arbitration proceeding.

B. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

C. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: PO BOX 25777 Sarasota, FL 34277.

D. Arbitration under this Agreement will be conducted by the American Arbitration Association (“AAA”) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

E. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both agree that we have each waived any right to a jury trial.

F. Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

G. To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Website, Services or us, may only be brought by you in a state or federal court located in Delaware. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN DELAWARE.

H. Nothing in the foregoing shall exclude or restrict rights you have under local law that cannot be excluded or restricted. You may be entitled under law to bring claims against us in the courts and pursuant to the governing law of your state or country of residence.

15. GENERAL

A. Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

B. Revisions. This Agreement may only be revised in a writing signed by us or posted by us to the Website or Services. In the event that we update this Agreement and you are made aware of the update, your continued use of the Website or Services after the update shall constitute your assent to the updated Agreement.

C. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website or Services.

D. Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without our prior written consent. Any unauthorized assignment shall be null and void.

E. No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

F. Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: PO BOX 25777 Sarasota, FL 34277.

G. Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of irreparable harm or other damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

H. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire Terms between you and us with respect to the Website or Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.

I. Survival. Any provision of this Agreement that may reasonably be interpreted as being intended by the parties to survive termination or expiration of the Agreement, shall survive any such termination or expiration.

J. No Third Party Rights. This Agreement does not give rise to any rights of third parties or third party beneficiaries, including to enforce any provision of this Agreement, and we have no obligation to any third party by virtue of this Agreement.

PRIVACY POLICY

Effective Date: 1/30/2023

Welcome to the Monster Truckz (hereinafter “we” or “us”) website at tickets.monstertruckz.com (including all content under the monstertruckz.com domain name, and referred to herein as the “Website”). This notice (“Privacy Policy”) is included with and supplements our Website Terms of Service. Our services such as ticket orders and deliveries that may be provided to you via the Website are referred to herein and in the Terms of Service document as the “Services.” This Privacy Policy explains our online information collection and use practices, and the choices you can make about the way we use such information. It is important that you take the time to read and understand this Privacy Policy so that you can appreciate how we use your personal information. REMEMBER IF YOU USE OR ACCESS THE WEBSITE, YOU AGREE TO THIS PRIVACY POLICY. AS WE UPDATE THE WEBSITE OR EXPAND OUR SERVICES, WE MAY CHANGE THIS PRIVACY POLICY UPON NOTICE TO YOU, HOWEVER, PLEASE REVIEW IT FROM TIME TO TIME.

This Privacy Policy is subject to the provisions of applicable data protection and privacy laws.

For EEA / UK residents:

If you are resident in the European Economic Area (“EEA”) / United Kingdom (“UK”), we will comply with the EU and UK General Data Protection Regulations (“GDPR”, as applicable) and/or other applicable data protection and privacy laws in the EEA or UK. For the purposes of the GDPR on the Website, we are the “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.”

“Personal Data” in this Privacy Policy means any information relating to you as a natural person that can be directly or indirectly related to you. Personal Data includes name, email address, ID number, location, household information, online ID, and factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity. Your Personal Data may identify you as a person, and thus is often referred to as Personally Identifiable Information (“PII”) or Personal Information (“PI”). Both PII and PI are included in the term “Personal Data” as used in this Privacy Policy.

1. Who Collects Your Information On Our Website?

We do. We collect information from you on the Website, and we are responsible for protection of your information.

2. What Information Do We Collect?

A. Requested Information. On various pages on the Website, we may request specific Personal Data about you in order to register you for an account to use our Services, add you to our email list, facilitate your payments for Services, or fulfill your requests for information. You may choose not to provide your Personal Data, but then you might not be able to take advantage of some of the features of our Website and Services. We do not collect any Special Category Data (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data) as defined in the GDPR. Nor do we collect any information about criminal convictions and offenses. The types of Personal Data we collect and save include:

· Contact and account registration information such as name, email address, physical address, phone number,

· Financial information such as credit card number, name, CVV code, or date of expiration;

· Information that you provide in using our Services, such as information about the people who you buy tickets for, which may include their addresses, email or phone number, or other contact information.

· Information you provide such as feedback, comments or other messages; and

· Technical information collected in our logs. Such information may include standard web log entries that contain your IP address, page URL, device information and identifier, operating system information, and timestamp.

· Marketing and Communications Data including your email address, your preferences in receiving marketing from us and our third parties and your communication preferences.

Aggregate Information. We may also collect and use anonymous, non-identifying and aggregate information such as the type of browser you are using, device type, the operating system you are using, and the domain name of your Internet service provider. Aggregated data may be derived from your Personal Data but is not itself Personal Data and it cannot be used, either on its own or together with other data, to directly or indirectly reveal your identity. For example, we may aggregate your technical information to calculate the percentage of visitors accessing a specific Website feature. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.

3. Why and How Is My Information Being Collected?

We need to collect your Personal Data so that we can respond to your requests for information and tickets or to be added to our emailing lists, and to process your requests for access to and payment for our Services. We also collect aggregate information to help us better design the Website. We collect log information for monitoring purposes to help us to diagnose problems with our servers, administer the Website, calculate usage levels, and otherwise provide services to you. Further details on why your Personal Data is being collected and our legal basis for doing so under the GDPR (for EEA/UK residents) are provided in Section 13, below.

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Personal Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide when you use our Services.
Automated technologies or interactions. As you interact with our Website, we will automatically collect technical information about your equipment, browsing actions and patterns. We collect this Personal Data by using cookies and other similar technologies. Please see Section 9, below for further details about the cookies we use.
[Third parties or publicly available sources. We will receive Personal Data about you from various third parties as set out below:

4. How Do We Use the Information We Collect?

A. We use the Personal Data you provide for the purposes for which you have submitted it including:

[INSERT ANY OTHER REASONS WHY PERSONAL DATA IS BEING COLLECTED AND AMEND THE BELOW AS NEEDED. We assume these are not used for subscriptions but are one-off ticket sales.]

· Responding To Your Inquiries and Fulfilling Your Requests. We may use your Personal Data to respond to your inquiries and to fulfill your requests for information and tickets.

· Creating and Maintaining Your User Account. We use your Personal Data to create and maintain an account for you to allow you to purchase and use the Services we make available on the Website.

· Purchasing Tickets or Admission to an Event or Venue.

· Participate in Special Promotions or Receive Additional Merchandise.

· Communicating With You About Our Services. We may use your Personal Data to send you information about new Services and other items that may be of interest to you.

· Sending Administrative Emails. We may use your Personal Data to send you emails to: (a) confirm your account and your other Personal Data, (b) process your transactions to purchase our Services, (c) provide you with information regarding the Website, or (d) inform you of changes to this Privacy Policy, our Terms of Service, or our other policies.

B. We may use anonymous information that we collect to improve the design and content of our Website, and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze how our Website is used, analyze industry trends, as well as to offer you programs or services.

5. Do We Share Your Personal Data?

A. In general, we will not share your Personal Data except: (a) for the purposes for which you provided it; (b) with your consent; (c) as may be required by law or as we think necessary to protect our organization or others from injury (e.g., in response to a court order or subpoena, in response to a law enforcement agency request, or when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another); (d) on a confidential basis with persons or organizations with whom we contract to carry out Website operations or as necessary to render the Services, including but not limited to TicketSocket, Inc. and Ice Cream Social, Inc., for processing and business purposes; or (e) with our other business partners for processing and business purposes. We may also share aggregate information with others, including affiliated and non-affiliated organizations. Finally, we may transfer your Personal Data to our successor-in-interest in the event of an acquisition, sale, merger or bankruptcy.

B. [A list of the categories of Personal Data have disclosed about consumers in the preceding 12 months by reference to the enumerated category or categories of information under the CCPA that most closely describe the Personal Data disclosed, or if the business has not disclosed consumers’ Personal Data in the preceding 12 months, the business shall disclose that fact.]

6. Are There Other Ways My Personal Data Could Be Shared?

You may elect to share certain Personal Data with individuals or with the public via your use of the Website. In this case, you will control such sharing via settings that we provide. For example, the Website may make it possible for you to publicly share information via social media. Be aware that when you choose to share information with friends, public officials, or with the public at large, you may be disclosing sensitive information, or information from which sensitive information can be inferred. Always use caution when sharing information through the Website. You understand and agree that we are not responsible for any consequences of your sharing of information through and beyond the Website.

[A list of the categories of Personal Data have sold about consumers in the preceding 12 months by reference to the enumerated category or categories of information under the CCPA that most closely describe the Personal Data sold, or if the business has not sold consumers’ Personal Data in the preceding 12 months, the business shall disclose that fact.]

7. How Can You Access and Control Your Information?

After registering for an account on the Website, you may log-in to the account and edit your Personal Data in your profile. For instructions on how you can further access your Personal Data that we have collected, or how to correct errors in such information, please send an e-mail to fun@monstertruckz.com. We will also promptly stop using your information and remove it from our servers and database at any time upon your e-mail request. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access, making corrections or removing your information.

8. How Do We Store and Protect Your Information?

A. After receiving your Personal Data, we will store it on our Website systems for future use. We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect. Unfortunately, no data transmission over the Internet or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your information (e.g., strong encryption), we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service providers' systems.

B. If you are visiting the Website from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be securely stored in our web servers and internal systems located within the USA.

C. For EEA/UK citizens: Whenever we transfer your Personal Data outside of the EEA or UK, we ensure a degree of protection is afforded to it that is similar to that of the EEA or UK by ensuring at least one of the following safeguards is implemented:

· We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data under EEA or UK laws.

· Where we use certain service providers, we may use specific contracts approved under EEA or UK laws which give Personal Data the same protection it has in EEA or UK.

D. We will only retain your Personal Data for as long as is reasonably necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

E. We store our logs and other technical records indefinitely (or where they contain personal data, for as long as we have a legitimate reason to keep that information in light of the purpose for which it was provided).

9. How Do We Use Cookies And Other Network Technologies?

A. To enhance your online experience with us, our web pages may presently or in the future use "cookies." Cookies are text files that our web server may place on your hard disk to store your preferences. We may use session, persistent, first-party and third-party cookies.

B. We or our service providers may also use "pixel tags," "web beacons," "clear GIFs" embedded links, and other commonly used information-gathering tools in connection with some Website pages and HTML-formatted email messages for such purposes as compiling aggregate statistics about Website usage and response rates. A pixel tag is an electronic image (often a single pixel), that is ordinarily not visible to website visitors, and may be associated with cookies on visitors’ hard drives. Pixel tags allow us and our service providers to count users who have visited certain pages of the Website, to deliver customized services, to help determine the effectiveness of our Website and Services, to track the effectiveness of advertising and promotional activities, and to credit the source of a referral. When used in HTML-formatted email messages, pixel tags can inform the sender of the email whether and when the email has been opened.

C. As you use the Internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as "Visitor Data”, can be collected and stored by a website's server. Visitor Data can reveal the type of computer and browsing software you use and the address of the website from which you linked to the Website. We may use Visitor Data as a form of non-personally identifiable information to determine how much time visitors spend on each page of our Website, how visitors navigate through the Website, and how we may tailor our web pages to better meet the needs of visitors. We will only use this information to improve our Website.

D. Types of Cookies. The types of cookies that we may use on our Website include the following:

Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. These cookies allow us to recognize and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by assisting users in easily finding what they are looking for.
Functionality cookies. These cookies are used to recognize you when you return to our Website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed. We may use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

E. Our Use of Cookies. You can find more information about the individual cookies we use on our Website and the purposes for which we use them in the table below:

*Cookie* *Name*	*Purpose and Duration*
[INSERT COOKIE NAME]	[INSERT PURPOSE AND DURATION OF COOKIE]
[INSERT COOKIE NAME]	[INSERT PURPOSE AND DURATION OF COOKIE]
[INSERT COOKIE NAME]	[INSERT PURPOSE AND DURATION OF COOKIE]
[INSERT COOKIE NAME]	[INSERT PURPOSE AND DURATION OF COOKIE]
[INSERT COOKIE NAME]	[INSERT PURPOSE AND DURATION OF COOKIE]
SAMPLE BELOW
__adroll __adroll_fpc __adroll_shared	These cookies are used to identify visitors across visits and devices. They are used by AdRoll.com to allow us to engage in real-time bidding for our advertisements so that we can present relevant advertising on third party sites.
__ar_v4	This cookie is associated with the DoubleClick advertising service from Google, and helps tracking conversion rates for ads.
_fbp	This cookie is used by Meta/Facebook to connect us to their advertisement products such as real time bidding for our advertisements so that we can present relevant advertising on Facebook.com.
cli_user_preference	The cookie is used to store the yes/no selection the consent given for cookie usage. It does not store any personal data.
viewed_cookie_policy	The viewed_cookie_policy cookie is set to “yes” when the Cookie law info bar has been viewed and accepted. The cookie is used to store whether or not you have consented to the use of cookies. It does not store any personal data.

F. [Third Party Cookies and Tools. [Please note that the following third parties may also use cookies, over which we have no control. These named third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These third party cookies are likely to be analytical cookies or performance cookies or targeting cookies:

[INSERT DETAILS OF THIRD PARTY COOKIES IF APPLICABLE]]

G. How To Manage Cookies

You may manage, disable and remove cookies from your computer using the following methods:

(1) Modify your browser settings:

Please follow the instructions provided by your browser to manage, disable or remove cookies.
Please be careful in making your choices. By blocking the receipt of all cookies indiscriminately, including the technical ones, without providing a specific exception for the Website, you may no longer able to surf the Website or to benefit, in whole or in part, from its functionalities. Furthermore, removing the technical cookies could remove the preferences set up by using the Website so that you could no longer find products or services you expect to see.

[(2) Use our interactive banner:

In order to disable first party profiling cookies and/or identifiers (i.e., those cookies that we directly install), you can simply edit your preferences using the interactive banner that is displayed on our Website homepage. Your choice to disable the use of these cookies will not have any consequences on your ability to surf the Website or use its functionalities. You may reinstate cookie functionality at any time.]

10. Collection of Information by Others

Our Terms of Service document identifies certain third party websites to which we may provide links that you may click on our Website. Please check the privacy policies of these other websites to learn how they collect, use, store and share information that you may submit to them or that they collect.

11. Children and Young People’s Information

We do not knowingly collect any information from any minors, and we comply with all applicable privacy laws including the GDPR, USA Children's Online Privacy Protection Act (“COPPA”) and associated Federal Trade Commission (“FTC”) rules for collecting Personal Data from minors. Please see the FTC's website (www.ftc.gov) for more information. If you have concerns about this Website or its Services, wish to find out if your child has accessed our Services, or wish to remove your child's Personal Data from our servers, please contact us at fun@monstertruckz.com. Our Website will not knowingly accept Personal Data from anyone under 13 years old in violation of applicable laws, without consent of a parent or guardian. In the event that we discover that a child under the age of 13 has provided Personal Data to us, we will make efforts to delete the child’s information in accordance with the COPPA. If you believe that your child under 13 has gained access to our Website without your permission, please contact us at fun@monstertruckz.com.

12. California Privacy Rights

California law generally allows California residents to request information regarding our disclosures in the prior calendar year, if any, of their Personal Data to third parties. The CCPA also provides several specific rights to consumers residing in California including, but not limited to, the rights of: disclosure, access, deletion, non-discrimination, and the right to opt out of the sale of information (or in the case of children between the ages of 13-16, to opt into sale, or their parent/guardian opts into the sale if the child is under the age of 13), if applicable.

To make such a request, please contact us at fun@monstertruckz.com with "Request for Privacy Information" in the subject line. California consumers exercising their rights under the CCPA may submit their requests by using the email address above and indicating “CCPA Request” in the subject line. Please include enough detail for us to locate your file; at a minimum, your name, email, and username, if any, in order to enable us to verify your identity. We will attempt to comply with your request within thirty (30) days of verifying your identity after receipt of the request. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice, and in cases of CCPA requests, not more than twice in a calendar year. Please note that this law does not cover all information sharing. Our disclosure only includes information covered by the law. If you wish to opt out of the sale of your Personal Data pursuant to the CCPA, please follow this link: [insert link to “DO NOT SELL MY INFORMATION” link on your website].

13. For EEA/UK Residents

A. Your Legal Rights

If you are an EEA/UK resident, under the data protection laws that apply to you, you may contact us using the details set out in Section 15 to exercise your rights to:

Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
Request corrections of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of any new data you provide to us.
Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons of which we will notify you, if applicable, at the time of your request.
Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party), and you object to this processing as you feel it impacts your fundamental rights and freedoms. You may also object to our processing of your Personal Data for direct marketing purposes. In some cases, we may deny your objection if we can demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your Personal Data. You may request us to suspend the processing your Personal Data in the following scenarios:

· If you want us to establish the data’s accuracy.

· Where our use of the data is unlawful but you do not want us to erase it.

· Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

· You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your Personal Data to you or to a third party. Upon request, we will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially consented for us to use, or that we used in performing our obligations under a contract with you.
Withdraw consent at any time where we are relying on consent to process your Personal Data. This withdrawal will not, however, affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Make a complaint to a regulator. You have the right to make a complaint at any time to your local supervisory authority with regard to data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach any supervisory authority, so please contact us in the first instance.

B. No Fee Usually Required. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

C. What We May Need From You. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

D. Time Limit To Respond. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

E. Purposes / Legal Basis For Which We Will Use Your Personal Data

For EEA/UK residents, data protection laws require us to explain to you our legal basis for using your Personal Data. Most commonly, we will use your Personal Data under the following legal bases:

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;

Where we need to perform our obligations under a contract we are about to enter into, or have entered into with you; and

Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your Personal Data although we will get your consent before sending direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us.

The table below sets out a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

[PLEASE AMEND THE BELOW TABLE AS REQUIRED TO REFLECT OPERATIONS AND COMPLY WITH EEA AND UK LAW]

Purpose/Activity	Type of Personal Data	Lawful basis for processing
To process your payment to purchase tickets from us	Credit/debit card details	Performance of a contract with you
To register you as a new customer and to create and maintain your account	Name, email address, address, username, password, and phone number	Performance of a contract with you
To process and deliver your order for our Services including: (a) Manage payments, fees and charges; and (b) Collect and recover money owed to us	Name, email address, address, phone number, credit/debit card details and transaction history	Performance of a contract with you Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or Privacy Policy (b) Asking you to provide feedback	Name, username, email address and transaction history	Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To deal with any enquiries, correspondence, concerns or complaints you have raised	Name, username, email address, and information about the issue raised	Legitimate interests – to allow us to respond and deal with any queries, correspondence, concerns or complaints raised by you
To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	Name, username, email address, standard web log entries that contain your IP address, page URL, browser plug-in types and versions, device information and identifier, operating system information, and timestamp	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	Name, username, email address, standard web log entries that contain your IP address, page URL, browser plug-in types and versions, device information and identifier, operating system information, and timestamp	Consent, when required Necessary for our legitimate interests in providing our website and promoting our business
To use data analytics to improve our Website, products/Services, marketing, customer relationships and experiences	Name, username, email address, standard web log entries that contain your IP address, page URL, browser plug-in types and versions, device information and identifier, operating system information, and timestamp	Necessary for our legitimate interests (to define types of customers for our products and Services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about products or Services that may be of interest to you	Your name and email address	Consent, when required Necessary for our legitimate interests in providing our website and promoting our business

F. Change of Purpose

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

14. Changes to this Policy

Because our business needs may change over time, we reserve the right to modify this Privacy Policy. If at any time in the future we plan to use your Personal Data in a way that differs from this Privacy Policy, we will revise this Privacy Policy as appropriate. In the event of a change to our Privacy Policy, we will email the updated policy to the email address that you provided to us. Your continued use of the Website following our notice of changes to this Privacy Policy means you accept such changes.

15. Our Contact Information

If you have any questions or concerns about this Privacy Policy, please contact us via e-mail at fun@monstertruckz.com or by postal mail at PO BOX 25777 Sarasota, FL 34277.