I. Introduction and Eligibility
THESE TERMS INCLUDE A JURY TRIAL AND CLASS ACTION WAIVER. MORE INFORMATION ABOUT THIS WAIVER CAN BE FOUND IN SECTION XVI, BELOW.
Binding Agreement. These Terms constitute a binding agreement between you and the RTC and its affiliates and subsidiaries (“RTC,” “Company,” “we,” “us”). “You” and “users” shall mean all users of the Service. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, transmitting, sharing, uploading, publishing, displaying, or similar action on the Service.
II. The Service
The “Service” means any website, mobile application, or Internet service under the RTC’s control, whether partial or otherwise, in connection with providing the RTC’s online platform that connects users with vehicle-sharing transportation providers in Southern Nevada. Each reservation a user makes with such vehicle-sharing transportation providers on the Service is a “Reservation,” and each ride taken through a Reservation is a “Ride.”
THE RTC DOES NOT PROVIDE TRANSPORTATION SERVICES AS PART OF THE SERVICES AND IS NOT A TRANSPORTATION CARRIER, COMMON CARRIER, OR PUBLIC CARRIER IN RELATION TO THE PERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS. IT IS UP TO THE THIRD-PARTY TRANSPORTATION PROVIDER, DRIVER, OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH THE SERVICE. THROUGH THE SERVICE, THE RTC OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER IN CONNECTION WITH THE SERVICE, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
By using the Service to make a Reservation for a Ride, you are electing to use a ridesharing transportation service.
The Service is currently being offered as a beta test, and as such is limited in its capacity, geographic region, and hours of operation. The geographic region and hours of operation were selected based on the Service’s limited capacity during the beta test and our anticipation of demand for the Service and have no discriminatory rationale or intention. We anticipate expanding the Service to a broader geographic area and/or additional hours of operation in the future.
III. Eligibility to Use the Service
Children. No one under the age of 18 is allowed to register with or use the Service without the consent of a parent or guardian. If you are under the age of 18, by registering for and using the Service, you warrant and represent that you have consent to do so from a parent or guardian. If you are a parent or guardian of a minor who has registered for or used the Service without your consent, please contact us at TriptoStrip@rtcsnv.com.
Minors traveling must have a person at least 18 years of age or older traveling along with them for the entire trip.
Agent of a Company, Entity, or Organization. If you are using the Service on behalf of a company, entity, or organization (collectively “Organization“), then you represent and warrant that you:
1. are an authorized representative of that Organization;
2. have the authority to bind that Organization to these Terms; and
3. agree to be bound by these Terms on behalf of that Organization.
IV. Your Account
Your Log-In Credentials. To use the Service, you may need to log-in by providing a username, password, and cellular phone number. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behavior of any other people that travel in your party), you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify the Company by e-mail to TriptoStrip@rtcsnv.com. You will be solely responsible for the losses incurred by the Company and others due to any unauthorized use of your account.
V. Payments and Billing
The RTC charges a fee (the “Fee“) for use of the Service. You will be charged when your Ride is complete, provided that we may pre-authorize and hold an estimated amount of the Fee on your card before the Ride begins. All Fees are non-refundable. Fees are exclusive of taxes and other government surcharges.
Tips. You may choose to provide your driver with a tip through the Service. This is completely voluntary, and any tips will be provided entirely to the applicable driver.
Cancellation Policy. If you cancel a Reservation, we may charge you a Fee. Repeated cancellations may result in the suspension of your account, in the RTC’s sole discretion.
No-Show Policy. If you are not present at the time and place designated in your Reservation, we may charge you a Fee. Repeated “no-show” instances may result in the suspension of your account, in the RTC’s sole discretion.
Cleaning/Damage Fees. If the interior or exterior of your driver’s vehicle is damaged or dirtied as a result of intentional or negligent acts such as aggressive slamming of doors, vomiting, or pet accidents, an additional cleaning or damage Fee may be assessed and charged.
RTC Promotional Codes. The RTC may offer promotional codes with varying features and rates that are redeemable for credit on the Service. Any such promotional code is valid until its stated expiration date and is not transferable or redeemable for cash except as may be required by law.
VI. Additional Guests
If you make a Reservation and multiple people are traveling in your party, you, as the account associated with the Reservation, are responsible for the conduct of everybody traveling in your party.
When you make a Reservation, you must indicate how many people are travelling in your party. If you do not, we reserve the right to refuse service to additional guests or charge an additional Fee.
Electronic Notices. By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at TriptoStrip@rtcsnv.com.
SMS Text Messages. We may send you an SMS text message to the phone number you provide upon registering with the Service (i) when you register with the Service, (ii) when you make a Reservation, (iii) when your vehicle is approaching the designated pick-up location, (iv) when your vehicle is at the designated pick-up location, and (v) when you reset your password with the Service. Text message and data rates, as determined by your wireless carrier, may apply. By registering with the Service, you consent to receive these SMS text messages.
VIII. RTC’s Content Ownership and Use
The term “content” or “contents” as used generally in these Terms shall mean any text, graphics, images, music, software (excluding the Service), audio, video, information or other materials.
The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other RTC content (collectively, “RTC Content“). All RTC Content and the compilation (meaning the collection, arrangement, and assembly) of all RTC Content are the property of the RTC or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Service and the RTC Content solely to make Reservations. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the RTC Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original RTC Content on any copy you make of the RTC Content.
RTC Marks. RTC, the RTC logo, and other RTC logos and product and service names are or may be trademarks of the RTC (the “RTC Marks“). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the RTC Marks.
IX. Intellectual Property Rights and Your License to Use
a. RTC Claims No Ownership. The Service may provide Users with the ability to post content (“User Content“). RTC claims no ownership or control over User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Service. You are responsible for protecting those rights.
c. You Acquire No Ownership in the Content of the RTC or Others. You understand and agree that you will not obtain as a result of your use of the Service, any right, title or interest in or to such content delivered via the Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets or other rights) in the content. The RTC alone (and its licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the Service. The Company name, the Company logo, and the product names associated with the Service are trademarks of the RTC or third parties, and no right or license is granted to use them.
d. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity, and (iii) the posting of User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of content you post on or through the Service. You also acknowledge and agree that your User Content is non-confidential and non-proprietary.
e. Additional Licenses. Certain materials made available for download from or through the Service may be subject to additional or different license terms and conditions. The Service contains content from Users and other RTC licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service.
X. Suggestions and Submissions
We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, enhancement requests, feedback, recommendations or materials (“Creative Ideas“), we shall:
1. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
2. have the perpetual, sublicensable, transferable, royalty-free, and unrestricted right to use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
XI. Third-Party Content Disclaimers, Limitations, and Prohibitions
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties (“Third-Party Content“). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. The RTC does not endorse any, nor is it responsible for, Third-Party Content on the Service.
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not:
1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;
2. frame, mirror or link to the Service without permission;
3. use data mining, robots, web spiders, viruses or worms or other data gathering devices on or through the Service, including any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the Service;
4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
5. disclose personal information about another person, or post, send or store infringing, obscene, threatening, libelous or otherwise tortious material, including material that is harmful to children, violates the rights of third parties, or is intended to harass, abuse, or degrade another person;
6. sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
7. post advertising or marketing links or content, including spam or otherwise duplicative and unsolicited messages, except as specifically allowed by these Terms;
8. use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to the RTC or others;
9. access the Service from a jurisdiction where it is illegal or unauthorized;
10. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; or
11. cause any third party to engage in the restricted activities above.
XII. Consequences of Violating These Terms
We will have the right to investigate and prosecute violations of the above to the fullest extent of the law. The RTC reserves the right to involve and cooperate with federal, state and local law enforcement authorities in prosecuting users to violate these Terms in a criminal manner.
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future.
The RTC may, but has no obligation to, review and remove any Third-Party Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
XIII. RTC’s Liability
Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
User Interactions. RTC is not responsible for the conduct, whether online or offline, of any user of the Service. You are solely responsible for your interactions with other users. Any decision by a user to offer or accept a Ride is a decision made in such user’s sole discretion
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release the RTC of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Location data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use the Service at your own risk.
Third-Party Websites and Promotions. The Service may include links to third-party websites and applications, including opportunities to purchase goods and services from, or participate in special contests, sweepstakes, and other promotions (“Promotions”) of our business partners, charities, sponsors or other third parties (“Third-Party Partners”). You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the Service.
Released Parties Defined. “Released Parties” include the RTC and its affiliates, officers, directors, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. THE RTC MAKES NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES OBTAINED FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE AND ANY THIRD-PARTY SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
B. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RELATING TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. THE RTC AND/OR ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED ANY LOSS, DAMAGE, OR INJURY RESULTING FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER.
THE RTC MAY INTRODUCE YOU TO THIRD-PARTY TRANSPORTATION PROVIDERS TO PROVIDE YOU TRANSPORTATION, BUT THE RTC DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT THE RTC DOES NOT MONITOR ANY THIRD-PARTY TRANSPORTATION PROVIDER’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND THE RTC WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION PROVIDER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. THE RTC WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE RTC’S SERVICES RESTS SOLELY WITH YOU. THE RTC WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE.
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE, OR OTHERWISE OBJECTIONABLE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any Third-Party Content, (ii) your use of or reliance on any RTC Content, (iii) your violation of any laws or rights of any third party, including transportation service providers booked through the Service; (iv) any allegation that any materials that you submit to us or transmit through the Service or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; or (v) your breach of these Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
XIV. General Terms
These Terms constitute the entire agreement between you and the RTC concerning your use of the Service. The relationship between the parties under these Terms is solely that of independent contracting parties, and no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by these Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. Except as explicitly stated otherwise, any notices to the RTC shall be given by certified mail, postage prepaid and return receipt requested to the address set forth below.
XV. Apple Disclosure
This paragraph applies to any version of the Service that you acquire from the Apple App Store. These Terms is entered into between you and the RTC. Apple, Inc. (“Apple”) is not a party to these Terms and shall have no obligations with respect to the Service. The RTC, not Apple, is solely responsible for the Service and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms shall control.
XVI. Governing Law, Waiver of Jury Trial and Class Actions
These Terms and the relationship between you and the RTC shall be governed by the laws of the state of Nevada without regard to its conflict of law provisions. You and the RTC hereby irrevocably submit to the personal and exclusive jurisdiction of the State of Nevada. Any litigation, to the extent necessary, shall be conducted in Clark County in the state of Nevada. You covenant not to sue the RTC in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
XVII. Contact Information
If you have any questions about the Service or these Terms, please email us at TriptoStrip@rtcsnv.com, or write to us at: