Terms of Service

Updated: September 25th 2018

This Terms of Service document (“Terms”) is a legal agreement between you and FastBar Technologies, Inc. (the “Company” “we” or “us”), and governs how you may use and manage the FastBar website and mobile applications (collectively “FastBar” or “Service”) BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you choose not to agree with any of these terms, you may not use FastBar. For all questions about how we use the information we obtain through your use of the Service, please visit our Privacy Policy.

We reserve the right to take any action we deem appropriate if we determine, in our sole and absolute discretion, that you have engaged in any of the prohibited activity described herein, or otherwise violated these Terms. Such action may include cancelling your account, terminating your license to use the Service, or initiating civil or criminal legal proceedings. Any rights not expressly granted herein are reserved by FastBar.

1. Service Description

For the purposes of these Terms, the Service offered by the Company means all functionality associated with the FastBar website and mobile application, which enables FastBar users (“Users”): (a) to automatically charge purchases made at events that use FastBar (“Events”) to a credit or debit card account (“Payment Card”) or a cash balance; (b) to receive and share information about Event attendees using the FastBar Event Registration app; (c) to process payments at Events using the Event POS app; and (d) to track purchases and view receipts using the FastBar Event Attendee app or the FastBar website, together with any future modifications and enhancements that may be provided by us. The Company reserves the right to modify or change the Service, or any portion thereof, and any applicable policies or terms at any time, without notice. We may also modify, suspend, interrupt or terminate operation of or access to the Service or any portion thereof, for any reason at any time, without notice.

2. End User License Agreement (EULA)

The Company hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Service. The term of your license shall commence when you start using FastBar and will end if your license is terminated by either you or us. We reserve the right to immediately terminate your license if you use the Service in breach of the terms set forth herein. The Company retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from the Company.

3. License Prohibitions

You may not do any of the following:

  1. Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service;

  2. Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Service;

  3. Interfere with or disrupt the Service, or servers and networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Service;

  4. Register using a Payment Card that you are not authorized to use, or access and use accounts other than your own, without the express consent of the account owner;

  5. Utilize the Service in any manner or for any purpose other than that for which it is intended;

  6. Reproduce, print, cache, store or distribute any information or content belonging to FastBar without our prior written permission;

  7. Use the Service to violate any law (whether local, state, national, or international).

  8. Use the Service to post any images or written content that are unlawful, threatening, abusive, defamatory, vulgar, or otherwise objectionable in any way as determined by FastBar in its sole discretion.

  9. Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or upload software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

  10. Facilitate violations of these Terms or the Privacy Policy.

4. Using the Service

FastBar can be used by three different categories of users: (i) Event organizers (“Organizers”); (ii) Event workers (“Workers”); and (ii) Event attendees (“Attendees”).

  1. Organizers: Organizers may utilize FastBar to enable their Event to accept cashless payments and to monitor transactions in real time;

  2. Workers: Workers may utilize FastBar to register Attendees at the Event, and to process payments by scanning Attendee wristbands using the Worker mobile applications provided by FastBar. When you download the appropriate App, you will be prompted to enable location tracking, and then enter the email and PIN provided by your employer. You will then utilize the App in accordance with your employer’s instructions.

  3. Attendees: As an Attendee, you may utilize FastBar to pay for food and drink purchased at an Event. When you register to use FastBar, you will provide us with a Payment Card or cash. That information is then tied to a microchip that utilizes Near Field Communication (NFC) technology. The chip is embedded in a wristband, badge, card, or other item chosen by the Event Organizer (“Wristband or Other Item”), which you will then present at the Event to make purchases. An Event Worker, using the appropriate FastBar App, will scan the Wristband or Other Item with a mobile device, and your purchase is automatically charged to your Payment Card or deducted from your cash balance. You can register to use FastBar in two different ways:

    1. You can pre-register on the FastBar website: If you pre-register on the FastBar or Organizer/ticketing website, we will ask you for your name, phone number, and the information for the Payment Card you will be using to purchase items at the Event. If you provide us with your phone number, you are providing us with consent to send you text messages confirming your purchases at the Event. When you go to the Event, you will be given a Wristband or Other Item tied to your FastBar account that you will use to make purchases.

    2. You can register at the Event: If you register at the Event, you will be asked to provide a Payment Card, which will be scanned at the Event, and you will be given a Wristband or Other Item to use for charging items to the Payment Card you provided. You may also load cash onto the Wristband or Other Item, in which case the terms set forth in Section (f) will apply.

  4. Using the FastBar App: The Company has created an Attendee App which will track your purchases in real time, and provide you with a running tab. At the end of the evening, you can use the App to close out your tab. You are not required to download the App in order to use FastBar as an Attendee.

  5. The FastBar NFC Chip: When you use FastBar as an Attendee, you will be paying for items using a Wristband or Other Item that incorporates the NFC chip that is tied to your Payment Card or cash balance. The Wristband or Other Item must be handled with the same precautions as those taken when using a credit card or cash. Under no circumstance shall the Company be held liable for any unauthorized charges that take place using the Wristband or Other Item.

  6. Using Cash: If you register at the Event and fund your Wristband or Other Item using cash, any unused amount remaining at the conclusion of the Event will not be refunded.

  7. Preauthorized Charges: If you use a Payment Card for your FastBar charges, you are agreeing to pay for all items purchased at the Event using the card you provided. In addition, Event Organizers have the option of preauthorizing on or more charges to your card, of a certain amount, to ensure that the card has at least that amount of credit available. If an Event Organizer has configured this option, you are agreeing to permit the Event Organizer to process on or more pre-authorizations.

5. Privacy

Our use of your personal information is governed by the terms of our general Privacy Policy, which is made a part of these Terms by this reference. Except as set forth in the Privacy Policy, we will not sell, exchange, or release your personal information to a third party without your express permission, unless required by law or court or governmental order.

6. Copyright

We respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

FastBar Technologies, Inc.
Attention: Copyright Agent
605 1st Avenue, Suite 220
Seattle, WA 98104

Or via email: support@getfastbar.com

We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.

7. Advertisers and Links

Our Service may feature links to third party websites. Any correspondence or business dealings with, or the participation in any promotions of, third-party advertisers are and shall be solely between you and any such third party. Moreover, you herein agree that we shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our Service.

8. Assumption of Risk & Limitation of Liability

You expressly agree to assume any and all risks that may be associated with using our Service, including (but not limited to) your use of the Wristband or Other Item to pay for items at Events. In no event shall the Company be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the Service, including without limitation to losses incurred due to: (a) any monetary loss resulting from your use of the Service; (b) software glitches, server failures, power outages, or any other issue beyond the Company’s control; (c) any delays in or failure of the Service to operate as described; or (d) any unauthorized disclosure of account information that may occur through the actions of any third party, such as hackers.

9. Indemnification

You agree to defend, indemnify and hold the Company, together with its officers, directors, employees and agents, harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Service caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

10. No Warranty

The Company makes no representation or warranty that: (a) the Service will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the System are free of viruses or other malicious code; and (c) your use of the Service is in compliance with the Terms of Service of any third party, including, without limitation, third party social media services. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.

11. Arbitration Agreement and Class Action Waiver

You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.

This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the Service. Any such dispute shall be determined by arbitration to be held in Seattle, Washington before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

12. Choice of Law; Forum

This document shall be governed in all respects by the laws of the State of Washington, USA. You agree that the Service shall be deemed based in Seattle, Washington, and is housed on a passive server that does not give rise to personal jurisdiction over the Company, either specific or general, in any jurisdiction other than Seattle, Washington. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Seattle, Washington. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all such claims or disputes.

All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.

13. Limitation of Actions

Any claim or cause of action arising out of your use of the Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by the Company to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.

14. Modification and Notice of Changes

We reserve the right to change, modify, add, or remove any element of the Service and portions of these Terms, without advance notice to you. We will notify you of any changes to these Terms by posting the effective date of the change at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.

15. Entire Agreement and Severability

These Terms and any document incorporated by reference herein, together with the Privacy Policy, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us. If any provision of these Terms is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms shall continue in full force and effect.

16. For Residents of Certain States

If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you are a New Jersey resident, certain sections of this Terms of Use may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act. Additional states may not allow an exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.

17. For Certain Device Users

The Service may be available via the Apple App Store platform (for Apple devices) or the Google Play Store (for Android devices). Apple and Google shall be referred to collectively as “Platform Providers.” Regardless of whether you are using the IOS or Google version of the Service, the following additional terms apply:

  1. These Terms are between you and us, and not with the Platform Provider. The Platform Provider is not responsible for the Service or its functions, and has no obligation whatsoever to furnish any maintenance or support services with respect thereto. All maintenance and support are the sole responsibility of the Company.

  2. In unlikely event of any failure of the Service to operate in accordance with any applicable warranty, you may notify the Platform Provider, it will refund the purchase price; and to the maximum extent permitted by applicable law, the Platform Provider will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.

  3. The Platform Provider is not responsible for addressing claims brought by you or any third party that relate to the Service, or your possession or use thereof, including (but not limited to): (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Company is solely responsible for addressing any such claims.

  4. In the event of any third-party claim that the Service or your possession or use thereof infringes that third party’s intellectual property rights, the Company, and not the Platform Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  5. You expressly represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

  6. The Platform Provider and its subsidiaries are third party beneficiaries of these Terms, and the Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

 

If you have any additional questions or concerns about these Terms, please contact us.

FastBar Technologies, Inc.

562 1st Ave S, Suite 400

Seattle, WA 98104

Or via email: support@getfastbar.com