NITEHARTS TERMS OF USE
Effective Date: July 31, 2025
Last Updated: July 31, 2025
Welcome to Niteharts ("Niteharts," "Website," "we," "us," or "our"). Our website is provided and operated by Radial Group LLC.
By accessing or using our Website, you are agreeing to these Terms of Use (these "Terms"). Please read them carefully.
IMPORTANT NOTICE: SECTION 13 OF THESE TERMS OF SERVICE INCLUDES A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT COULD IMPACT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 13 CLOSELY.
1. Using Our Website
You must follow any policies made available to you within the Website. You may use our Website only as permitted by law. We may suspend or stop providing you access to our Website if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Website does not give you ownership of any intellectual property rights in our Website or the Website content you access. You may not use content from our Website unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used on our Website. Don't remove, obscure, or alter any legal notices displayed on our Website.
In connection with your use of the Website, we may send messages or contact you. You may opt out of some of those communications.
By using our Website, you represent that you are at least 13 years old (or the minimum age required in your jurisdiction to enter into a binding agreement), or that you have the consent of a parent or guardian.
2. Prohibited Uses
You may use our Website only for lawful purposes and in accordance with these Terms. You agree not to use our Website:
In any way that violates any applicable federal, state, local, or international law or regulation
To transmit, access, download, display, or otherwise interact with any material in a manner that violates these Terms
To transmit, or attempt to transmit, any unsolicited advertising, promotional content, junk mail, spam, chain letters, or other forms of solicitation through or in connection with the Website
To impersonate or attempt to impersonate Niteharts, any Niteharts employee, or any other individual or entity, including by using a false name, email address, or other identifying information
To engage in any conduct that, in our sole discretion, restricts or inhibits any other person’s use or enjoyment of the Website, or that could harm Niteharts, other users, or expose them to legal or reputational liability
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent
Use any device, software, or routine that interferes with the proper working of the Website
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack
Otherwise, attempt to interfere with the proper working of the Website
If you encounter any Website content or a Website user that you believe violates the above policies, please report it to us by emailing us at contact@niteharts.com.
3. Comments and Feedback
If you voluntarily send us any feedback, testimonials, or comments by email or other means, you grant Niteharts a non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, and display such materials in any media for promotional, operational, or other business purposes. You represent and warrant that your submission does not infringe the rights of any third party. Niteharts assumes no obligation or liability for any unsolicited submissions.
4. Comments and Feedback
If you voluntarily send us any feedback, testimonials, or comments by email or other means, you grant Niteharts a non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, and display such materials in any media for promotional, operational, or other business purposes. You represent and warrant that your submission does not infringe the rights of any third party. Niteharts assumes no obligation or liability for any unsolicited submissions.
5. Our Website
We are constantly changing, updating, and improving our Website. We may add or remove functionalities or features, and we may suspend or stop a service altogether.
You can stop using our Website at any time. We may also stop providing services to you or add or create new limits to our Website at any time.
6. Third-Party Links
Our Website includes links and integrations to third-party websites, platforms, and services that are essential to the operation of our business, including but not limited to ticketing providers, hotel booking partners, merchandise retailers, and social media platforms. These external services are not operated or controlled by Niteharts, and we are not responsible for the availability, content, security, or practices of such third parties. Your interactions with any third-party site or service are solely between you and the applicable third party and are governed by their respective terms and privacy policies. We do not endorse, and expressly disclaim any responsibility or liability for, any third-party content, goods, services, or conduct..
7. Disclaimer of Warranties
THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NITEHARTS EXPRESSLY DISCLAIMS ALL WARRANTIES—WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE—INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
NITEHARTS MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; OPERATE WITHOUT INTERRUPTION; BE ERROR-FREE, SECURE, OR RELIABLE; OR BE COMPATIBLE WITH ANY SOFTWARE, DEVICE, OR SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONSUMER RIGHTS, SO SOME DISCLAIMERS ABOVE MAY NOT APPLY TO YOU.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NITEHARTS, RADIAL GROUP LLC, AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION INCLUDES, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
9. Indemnification
You agree to defend, indemnify, and hold harmless Niteharts, Radial Group LLC, and their respective officers, directors, employees, agents, contractors, licensors, and affiliates from and against any and all claims, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
Your access to or use of the Website;
Your violation of these Terms or any applicable law;
Any material you submit, post, or transmit to or through the Website (if applicable); or
Your violation of any rights of another person or entity.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.
10. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any legal action, suit, or proceeding arising out of or related to these Terms or your use of the Website shall be instituted exclusively in the state or federal courts located in San Diego County, California.
You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts, including any claim based on forum non convenience.
10. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any legal action, suit, or proceeding arising out of or related to these Terms or your use of the Website shall be instituted exclusively in the state or federal courts located in San Diego County, California.
You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts, including any claim based on forum non convenience.
11 Limitation of Time to Bring Claims
You agree that any claim or cause of action arising out of or related to these Terms or your use of our Website must be commenced within one (1) year after the claim or cause of action accrues. Otherwise, such claim or cause of action is permanently barred.
12. BINDING ARBITRATION AND CLASS ACTION WAIVER
IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE WEBSITE WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED (EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED BELOW), OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court.
12.1 Customer Support
Contact us first if you have an issue with our Website.
You agree that if you have a question or concern about the Website, you will contact us first by phone, prior to initiating any legal proceeding. Our customer support team will try to answer your question or resolve your concern.
12.2 Arbitration Process
If a dispute can't be resolved between us, it must be resolved through arbitration.
In the unlikely event that our customer support team is unable to resolve your concerns, you and we each agree to resolve all disputes and claims between you and us, including any arising under or relating to these Terms, your use of the Website, or your and our relationship, through binding arbitration or (to the extent the claim qualifies) in small claims court, instead of in courts of general jurisdiction. As explained below, the appointed arbitrator will have the authority to enter all relief that would be available in court, to the extent warranted by the claims. All arbitrations and small claims proceedings will proceed only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding, except as provided for in Section 13.9 below. Binding arbitration is subject to very limited review. Only the appointed arbitrator – and not any court – will have the authority to resolve any dispute relating to this Section, including any dispute regarding the scope, enforceability, and arbitrability of these Terms. This arbitration provision will survive the termination of these Terms and any other agreement between you and us. These Terms evidence a transaction in interstate commerce, and the interpretation and enforcement of this Section 13 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 11 above.
12.3 Applicability
Our agreement to arbitrate applies to almost all claims.
This agreement to arbitrate applies to all legal disputes between you and us. It includes, but is not limited to: (i) all claims relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) all claims that arose before this or any prior agreement (including claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Website.
Notwithstanding this agreement to arbitrate, you or we may choose to bring: A. an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or B. enforcement actions, validity determinations or claims relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent or Trademark Office to protect your or our Intellectual Property Rights. "Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights.
12.4 Selection of Arbitrator
How the arbitrator will be selected.
We each agree to use the "rank and strike" process for selecting an arbitrator. In this process, the American Arbitration Association ("AAA") will propose at least ten candidates to potentially serve as the arbitrator. We will each respond directly to AAA (without copying one another) in a writing that (i) "strikes" up to three of those candidates, that is, removes them from further consideration, and (ii) ranks the remaining candidates in order of preference. AAA will average each of our rankings for each arbitrator and select the arbitrator with the highest ranking.
12.5 No Class Actions
We both agree not to bring a class action.
YOU AND NITEHARTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. EXCEPT AS PROVIDED FOR IN SECTION 13.9 BELOW, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY (IF WARRANTED) ISSUE ALL OF THE SAME RELIEF THAT WOULD BE AVAILABLE IN COURT, INCLUDING PUBLIC INJUNCTIVE RELIEF, IN FAVOR OF THE PARTY SEEKING SUCH RELIEF, BUT ONLY TO THE EXTENT AUTHORIZED BY LAW AND WARRANTED BY THE PARTY'S CLAIMS.
You and Niteharts each acknowledge that different arbitrations may present overlapping factual or legal issues. As such, to the fullest allowable extent, and subject to Section 13.9 below, you and we each agree that in the event one of you or us initiates an arbitration against the other and we determine, in our sole discretion, that such arbitration presents one or more questions of fact or law that are also at issue in a pending arbitration between us and a third party (a "Similar Arbitration"), the arbitration involving you will, at our request, be assigned to the same arbitrator presiding over the Similar Arbitration and/or be paused until the Similar Arbitration is resolved. Any rulings in any Similar Arbitration will not be binding in the arbitration involving you.
12.6 Dispute Notice
Notice must be given when one of us intends to seek arbitration.
A party that intends to seek arbitration must first send to the other a written Notice of Dispute ("Dispute Notice"). The Dispute Notice to Niteharts must be addressed to contact@niteharts.com and must be sent by certified mail or email. Dispute Notices to you will be addressed to a mailing, home, or payment address currently on record with Niteharts and must be sent by certified mail. If we have no records of a physical address, our Dispute Notice may be delivered to your email address. The Dispute Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Niteharts and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Dispute Notice is sent, you or Niteharts may commence an arbitration proceeding.
12.7 Arbitration Rules
These are the rules that will govern any arbitration proceedings.
The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal use of the Website the Consumer Arbitration Rules (in each case, the "AAA Rules") of the AAA, as modified by this Section 13, and will be administered by the AAA and settled by a single arbitrator. (The AAA Rules are also available by calling the AAA at 1-800-778-7879.) All issues in dispute between the parties are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Section 13.
12.8 Arbitration Location
This is where the arbitration will take place.
Any arbitration hearings will take place (at your option) either in the county of your residence or by phone, except that (1) if your residence is outside of the United States, the hearing will take place either in California or by phone or videoconference, at your option and as permitted by the AAA Rules; and (2) in the case of Batch arbitration per Section 13.9 below, the hearing will take place either in California or by phone or videoconference, at the option of AAA. If your use of the Website is or was for commercial use, then unless Niteharts and you agree otherwise, any arbitration hearings will take place in the United States in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, or in the case of Batch arbitration per Section 13.9 below, AAA will determine the location. If your claim is for ten thousand dollars ($10,000) or less, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding, and judgment on the award rendered may be entered in any court having jurisdiction.
12.9 Similar Claims
Similar claims brought by the same or coordinated counsel will be batched together for efficient resolution.
To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Dispute Notices or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 50 claimants each ("Batch"). Specifically, upon notice from either side, AAA must group the arbitrations into: (1) a single Batch (if there are 25-50 claimants), or (2) Batches of 50 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 50 claimants). AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by AAA, one set of arbitration fees, and one hearing (if any) per Batch, to be held in California, or by phone or videoconference at the option of the arbitrator. We both agree to cooperate in good faith to implement this process and minimize the time and costs of arbitration. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this Section 13.9 is deemed unenforceable as to a particular claimant or Batch, then it will be severed as to that claimant or Batch, and those parties must arbitrate in individual proceedings.
12.10 Arbitration Costs
This is how we decide who's responsible for the costs of arbitration and legal fees.
Payment of Costs and Expenses. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA Rules, provided that if you are initiating an arbitration against Niteharts and the value of the relief sought is ten thousand dollars ($10,000) or less, then Niteharts will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). Further, if you are initiating an arbitration against Niteharts and your claim arises from your use of the Website as a consumer, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be more expensive than a court proceeding, then Niteharts will pay the amount of any such costs and expenses. In the event that the arbitrator determines that all of the claims you assert in arbitration were frivolous at the time they were filed or that you continued to press those claims even after receiving information demonstrating that such claims were frivolous, you agree to reimburse Niteharts for all of the costs and expenses that Niteharts paid and that you would have been obligated to pay under the AAA Rules.
Payment of Legal Fees. To the maximum extent allowed under applicable law, each party will bear its own attorneys' fees and expenses in connection with any arbitration proceeding. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys' fees and expenses upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
12.11 Non-Qualifying Disputes
Disputes that can't be arbitrated in accordance with this Section 13 will be governed by Section 11.
In the event that any provisions of this Section 13 are found to be invalid or unenforceable for any claim or issue, then the entirety of this Section 13 will be null and void only with respect to such claim or issue and Section 11 "Governing Law and Jurisdiction" will apply to such claim or issue in lieu of this Section 13. For the avoidance of doubt, for all claims and/or issues as to which this Section 13 is not found to be invalid or unenforceable: (a) this Section 13 shall apply in full to all such claims and/or issues, and (b) arbitration of all such claims and/or issues shall commence and be completed prior to any litigation on any non-arbitrable claims, including in the event that arbitrable and non-arbitrable claims or issues present overlapping factual and/or legal questions.
12.12 Your Right to Opt Out
If you want to opt out of our agreement to arbitrate, you must notify us in time.
YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE ARBITRATION OR CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE IN THIS SECTION 16 BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT TO CONTACT@NITEHARTS.COM. PLEASE INCLUDE THE FOLLOWING IN THE SUBJECT LINE: "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." THE NOTICE MUST BE SENT WITHIN THIRTY (30) DAYS OF YOUR FIRST USE OF THE WEBSITE OR YOUR AGREEMENT TO THESE TERMS (WHICHEVER IS LATER); OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THESE PROVISIONS. NOTE THAT IF YOU OPT OUT OF THESE ARBITRATION PROVISIONS, NITEHARTS ALSO WILL NOT BE BOUND BY THEM.
13. Waiver and Severability
If you do not comply with these Terms and we do not take action right away, this does not mean that we are giving up any rights that we may have. If it turns out that a particular term is not enforceable, this will not affect any other terms.
14. Entire Agreement
These Terms constitute the sole and entire agreement between you and Niteharts regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
15. Modifications
We reserve the right to update or modify these Terms at any time without prior notice by updating the "Last Updated" date at the top of this page. Changes will become effective as soon as the updated Terms are posted. Continued use of the Website constitutes your acceptance of the revised Terms.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Email: contact@niteharts.com
All feedback, comments, requests for technical support, and other communications relating to our Website should be directed to the above contact information.