N8TIVE NIGHTLIFE – TERMS & CONDITIONS

Last Revised: [May 15th 2024]

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and N8tive Nightlife LLC (“N8tive,” “we,” or “us”) with respect to your use of all N8tive-owned websites and domains, including https://www.n8tivenightlife.com/ (collectively, the “Site”), or use our mobile application (“Application”), and the services available on the Site and Application (collectively, the “Services”), including any Content (as defined in Section 2 below). BY ACCESSING OR USING THE SERVICES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICES.

THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR THE SERVICES, OR THESE TERMS OF USE, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 18 (ARBITRATION AGREEMENT) BELOW.

THESE TERMS OF USE ALSO INCLUDE A JURY TRIAL WAIVER.

  1. Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. All changes are effective 30 days after posting for current users and immediately for new users, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.  


  1. Scope of and Restrictions on Use. Subject to these Terms of Use, N8tive grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for legitimate business purposes, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”), and (b) download and install the Application on mobile devices owned or otherwise controlled by you (each, a “Mobile Device”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of N8tive. You agree not to:

  • collect information from the Services using an automated software tool or manually on a mass basis;

  • use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;

  • obtain, or attempt to obtain, access to areas of the Site or an Application or our systems that are not intended for access by you;

  • “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems; 

  • restrict or inhibit other users from accessing or using the Services;

  • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or an Application or in the Content; or

  • access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.


If you download the Application, you further agree not to: 

  • copy the Application (except to install it on your Mobile Devices);

  • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

  • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any features or functionality of the Application to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or

  • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.


  1. Ownership. The Services (including the Content) are owned by N8tive and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site and/or any Application are registered and unregistered marks of N8tive. The Application is licensed, not sold, to you. You acknowledge and agree that, as between you and N8tive, N8tive is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.  


  1. Account Registration and Security. Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify N8tive of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.


  1. User Content. 


  1. Types of Content. While using the Services, you will have access to: (i) content that you upload or provide while using our Services, even if suggested by our Services ("Your Content"); (ii) content that other users upload or provide while using our Services ("User Content"); and (iii) content that N8tive provides on and through our Services ("Content"). In this agreement, "content" includes, without limitation, all text, images, video, audio, or other material on the Services, including information on users' profiles and in direct messages between users.


  1. User Content and Restrictions. The Services may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) Your Content and interact with others through user comment areas, message boards, and similar user-to-user areas. If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online. Your Content may not contain any content that: 

  • is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;

  • constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

  • contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use;

  • infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;

  • encourages criminal conduct; 

  • contains false, misleading, fraudulent, or deceptive claims or content;

  • gives the impression that it emanates from or is endorsed by N8tive or any other person or entity, if this is not the case; 

  • contains any virus, malware, spyware, or other harmful content or code;

  • relates to commercial activities;

  • involves or facilitates the transmission of spam;

  • was not written by you; or

  • includes the image or likeness of another person without that person's consent.


  1. Rights You Grant to Us. You hereby grant to N8tive an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of Your Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in Your Content, even if Your Content is altered or changed in a manner not agreeable to you. If you you’re your Content, you represent and warrant to N8tive that you own or control all rights in and to Your Content and have the right to grant the rights above to us.


Your individual profile will be visible to other users, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. 


  1. No Responsibility. You agree that you are solely responsible for Your Content, and you acknowledge and agree that N8tive is not responsible for, and does not endorse, any of Your Content.


  1. User Content. While you will have access to User Content, it is not yours and you may not copy or use User Content for any purpose except as contemplated by these Terms. Other users will also share content on our Services. User Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. You should always carefully review and independently verify User Content for accuracy. Other users may use tools to generate or enhance content based on the User Content they provide.  User Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their User Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of User Content. You do not have any rights in relation to User Content, and, unless expressly authorized by N8tive, you may only use User Content to the extent that your use is consistent with our Services' purpose of allowing us to communicate with and meet one another. You may not copy the User Content or use User Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse User Content.


  1. No Obligation to Prescreen, Monitor or Use. N8tive does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove Your Content or any User Content posted on or through the Services. However, N8tive retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.


  1. Submitted Ideas. While we appreciate your interest in the Services and our business, N8tive does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of N8tive might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials.  Except with respect to your personal information, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Services or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary.


  1. Electronic Communications. The communications between you and N8tive via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


  1. Changes to the Services. N8tive reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that N8tive will not be liable to you or to any third party for any such change, suspension, or discontinuance.


  1. Suspension/Termination of Access. N8tive has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use.  In the event that we suspend or terminate your access to the Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.


  1. Fees. 


  1. Subscriptions. If you purchase an auto-renewing periodic subscription through the Services, your account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your account through the Services and follow instructions to terminate or change your subscription.


  1. Virtual Items. From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features ("Virtual Item(s)") from N8tive. You may only purchase Virtual Items from us or our authorized partners through the Services. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, or when your account is otherwise earlier closed or terminated. N8tive, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. We may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. N8tive shall have no liability to you or any third party in the event that N8tive exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT N8TIVE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.


  1. Billing Authorization. You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to use the Services, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method in line with your subscription cycle, in advance, for your subscription and/or to place a hold on your payment method with respect to any unpaid charges for your subscription. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms of Use shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You acknowledge and agree that we will have no liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.


  1. Payment Processing. All financial transactions made in connection with the Services will be processed by a third party in accordance with their respective terms of use, privacy policy, and applicable payment terms and conditions. In no event will N8tive be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.


  1. Charges; Taxes. All fees are payable in US dollars. You shall be responsible for all taxes associated with the Services other than taxes based on N8tive’s net income. We reserve the right, at any time, to change any fees or charges for using any services provided on the Services (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change. We reserve the right to change the timing of our billing if your payment method has not successfully settled. 


  1. Application Updates. N8tive may, from time to time in its sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that N8tive has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either (a) an Application will automatically download and install all available Updates, or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and will be subject to these Terms of Use.


  1. Disclaimers; Limitation of Liability. 


  1. Disclaimer of Warranties. THE SERVICES, THE APPLICATION AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND N8TIVE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER N8TIVE NOR ANY PERSON ASSOCIATED WITH N8TIVE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, THE APPLICATION, OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER N8TIVE NOR ANYONE ASSOCIATED WITH N8TIVE REPRESENTS OR WARRANTS THAT THE SERVICES, THE APPLICATION, OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, APPLICATION, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, APPLICATION, OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.


  1. No Verification. N8tive does not conduct criminal background or identity verification checks on its users. N8tive is not responsible for the conduct of any user on the Site or Application. Use your best judgment when interacting with others. N8TIVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. N8TIVE RESERVES THE RIGHT TO CONDUCT - AND YOU AUTHORIZE N8TIVE TO CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY N8TIVE, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.


  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL N8TIVE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, THE APPLICATION, OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 11.3, N8TIVE IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL N8TIVE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO N8TIVE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR U.S. $100.00, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES AND THE APPLICATION IS AT YOUR SOLE RISK.


FURTHER, N8TIVE SHALL NOT BE LIABLE IN ANY WAY FOR ANY THIRD-PARTY SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE. 


  1. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 11 may not apply to you.


  1. Indemnification. You agree to indemnify, defend, and hold N8tive and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services, the Application and/or any Content, or any violation of these Terms of Use or applicable law. 


  1. Copyright Infringement. N8tive take claims of copyright infringement seriously.  We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site or the Application infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following: 

  • your physical or electronic signature; 

  • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site or the Application, a representative list of such works; 

  • identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content; 

  • adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address); 

  • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; 

  • a statement that the information in your written notice is accurate; and 

  • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 


Our designated agent to receive DMCA notices can be reached at the following:


N8tive Nightlife LLC

Attn: DMCA Designated Agent

1178 Broadway, 3rd Floor #3386

New York, NY 10001


*NOTE: This contact information is for inquiries regarding potential copyright infringement only.  


If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.


  1. Third Party Materials. The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that N8tive is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. N8tive does not assume and will not have any liability to you or any other person or entity for any Third Party Materials.  Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.


  1. Third Party Platforms. N8tive may provide the Services to you through third-party websites, operating systems, platforms, and portals (collectively, “Third Party Platforms”). Additional terms and conditions may apply to you with respect to your use of Third Party Platforms, which are not under N8tive’s control. N8tive does not assume any responsibility or liability for your use of such Third Party Platforms.


  1. Linking to the Site. You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.


  1. U.S. Export Controls. The Application may be subject to United States export laws, including the including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the United States.


  1. ARBITRATION AGREEMENT.  PLEASE READ THIS SECTION CAREFULLY.  IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND WE BRING CLAIMS AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED.


  1.   Dispute Resolution.  YOU AND WE AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS OF USE OR YOUR USE OF THE SERVICES AND/OR CONTENT WILL BE RESOLVED EXCLUSIVELY THOUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.  THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED AND INCLUDES ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND N8TIVE REGARDING ANY ASPECT OF YOUR RELATIONSHIP WITH US OR ANY CONDUCT OR FAILURE TO ACT ON OUR PART, INCLUDING CLAIMS BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE CLAIM), VIOLATION OF LAW OR ANY CLAIMS BASED ON ANY OTHER THEORY, AND INCLUDING THOSE BASED ON EVENTS THAT OCCURRED PRIOR TO THE DATE OF THIS AGREEMENT, WITH THE FOLLOWING EXCEPTIONS:


  • You may assert claims in your local small claims court if its rules permit it;

  • Any claim regarding the validity, protection or enforcement of a party’s intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) must be brought in court; and

  • In the event this agreement to arbitrate is for any reason held to be unenforceable, any dispute or claim against us (except for small-claims court actions) may be commenced only in a federal or state court located in Seattle, Washington, and we both consent to the jurisdiction of and venue in those courts for such purposes.  We both also consent to the jurisdiction of and venue in those courts for purposes of any claim regarding the validity, protection or enforcement of a party’s intellectual property rights (excluding its privacy or publicity rights). You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.


  1. Prohibition of Class Actions and Non-Individualized Relief.  ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). If this specific provision is found to be unenforceable, then all of Section 18, other than subsection 18.8, will be null and void and neither of us will be entitled to arbitrate our dispute.


  1. Arbitration Rules.  The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this Agreement.  The AAA Rules may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in this Agreement as a court would.  The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or N8tive requests one.  The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.


  1. Demand for Arbitration.  A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”).   The Demand must:  (1) briefly explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address (for N8tive, see below); (3) specify the amount of money in dispute, if applicable; (4) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (5) include a statement of what the Claimant wants.  The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it (see Section 18.7) and the then current filing fee required by the AAA.  The Demand must be sent to the AAA at the following address:


American Arbitration Association

Case Filing Services

1101 Laurel Oak Road, Suite 100

Voorhees, NJ 08043


Alternatively, the Demand may be filed with the AAA online using :  AAA WebFile: https://www.adr.org.  Any Demand to N8tive should be addressed to:  N8tive Nightlife LLC, 1178 Broadway, 3rd Floor #3386, New York, NY 10001.


  1. Filing, Administration and Arbitrator Fees.  Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Section 18.  If the value of the relief sought is $5,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration, but not your attorneys’ fees.  Any request for payment of filing, administration, and arbitrator fees by N8tive should be submitted by mail to the AAA along with your Demand and N8tive will make arrangements to pay all such necessary fees directly to the AAA.  In the event that the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration paid by N8tive on your behalf that you otherwise would be obligated to pay under the AAA Rules.


  1. OPT-OUT PROCEDURE. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS IN THIS SECTION 18, YOU MUST NOTIFY N8TIVE IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME.  YOU MAY OPT OUT BY MAILING A WRITTEN NOTICE TO N8TIVE AT THE ADDRESS SET FORTH IN SUBSECTION 18.4. YOUR WRITTEN NOTIFICATION TO N8TIVE MUST INCLUDE YOUR NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND PHONE NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH N8TIVE THROUGH ARBITRATION.  IF YOU OPT OUT OF THE ARBITRATION PROVISIONS IN THIS SECTION 18, ALL OTHER PROVISIONS OF THIS AGREEMENT WILL CONTINUE TO APPLY, INCLUDING SECTION 18.8, BELOW.


  1. Amendment to Arbitration Provisions. Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the arbitration provisions in this Section 18 in the future (other than an amendment to any notice address or site link provided herein), that amendment shall not apply to any claim that was filed in a legal proceeding against N8tive prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims that have arisen or may arise between you and N8tive. We will notify you of amendments to the arbitration provisions of this Section 18 by posting the amended terms on the Site and/or by providing notice to you by email, at least 30 days before the effective date of the amendments. If you do not agree to the amended terms, you may close your account with N8tive within the 30-day period and you will not be bound by the amended terms.


  1.  JURY TRIAL AND CLASS ACTION WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND N8TIVE EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL.  THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.  FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.


  1. Miscellaneous.


  1. Geographic Restrictions. N8tive is based in the State of New York in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


  1. Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of New York.  


  1. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


  1. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect. 


  1. Entire Agreement. These Terms of Use constitute the sole and entire agreement between you and N8tive with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.


  1. Questions. If you have any questions about the Services or these Terms of Use, please email us at [contact@n8tivenightlife.com].