ARROW INDIANA ETABS TERMS AND CONDITIONS
UNLESS THERE IS A SEPARATE AGREEMENT THAT HAS BEEN AGREED TO IN WRITING, these Arrow Indiana ETABS Terms and Conditions constitute the Agreement (this “Agreement”) between Arrow International, Inc. (“Arrow”) and the Indiana charitable organization (“Charity”) reflected on the applicable invoice (“Invoice”) for Arrow’s electronic pull tabs devices and other related games, products and services as provided by Arrow from time to time (“Etabs”). IN THE ABSENCE OF A SIGNED AGREEMENT BETWEEN ARROW AND CHARITY, CHARITY AGREES TO BE FULLY BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT BY ACCEPTING DELIVERY OF THE ETABS.
1. Term.
This Agreement starts on the date of delivery of the Etabs and continues until terminated by either party with sixty (60) days written notice (“Term”).
2. Price and Taxes.
Arrow’s pricing will be determined on a price per ticket sold, per deal basis for each bet level and payout as reflected on Arrow’s invoice (“Price”). For example, the Price per $1 Etabs ticket with a 90% payout is $0.035 per ticket. The Price is due and payable within fifteen (15) days of each invoice date. Charity will be responsible for all taxes and fees related to the play of Etabs at Charity’s location, including excise taxes. In Arrow’s discretion, Charity’s Price may be adjusted to $0.00 per Etabs ticket sold (“Price Adjustments”) for certain weeks indicated for the applicable Invoice (“Price-Adjusted Weeks”). Price Adjustments will be applied and reflected on Charity’s invoices if Charity is in good standing at the time the invoice is issued.
3. Obligations
Arrow owns the Etabs and all related intellectual property. Charity will hold and maintain all licenses, permits and authorizations needed to play Etabs and conduct charitable gaming at the Charity’s location. Charity will ensure that the Etabs are operated during normal business hours and in compliance with law. Charity will maintain electricity and internet service to the Etabs. Charity is responsible for all prizes, including disputed prizes, and malfunctions void all plays and prizes. Charity will not move any Etabs to a different location without Arrow’s prior written approval. Charity will protect the Etabs while they are in Charity’s control. Charity will not allow a mortgage, claim, lien, or other charge to be placed on the Etabs. Charity will give Arrow access to the Etabs during normal operating hours for service and maintenance. Charity agrees to keep this Agreement and its terms confidential.
4. Termination:
In addition to the termination right in Section 1, Arrow may terminate or suspend this Agreement or disable or remove any of the Etabs at any time. If Charity breaches any of the provisions of this Agreement (including damaging, disabling or removing the Etabs) then Charity will pay for any damages caused by such breach, including (i) refunding all Price Adjustments received, (ii) covering reasonable attorney fees and any other damages, and (iii) paying the Price that Arrow would have earned for the remainder of the Term, as reasonably calculated by Arrow.
5. Miscellaneous.
In the absence of a signed agreement between Arrow and Charity, this Agreement constitutes the entire agreement between the parties with respect to Etabs. ARROW’S TOTAL LIABILITY UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, FOR ANY CAUSE OF ACTION, WILL NOT EXCEED THE PRICE PAID FOR THE LAST SIX (6) MONTHS, REGARDLESS OF ANYTHING ELSE CONTAINED IN THIS AGREEMENT. THE ETABS ARE PROVIDED “AS-IS”. IN NO EVENT WILL CHARITY BE ENTITLED TO ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR CONTINGENT DAMAGES RELATING TO THIS AGREEMENT. ANY CAUSE OF ACTION MUST BE BROUGHT WITHIN ONE (1) YEAR. Neither party is responsible for service interruptions arising from acts or omissions outside of their control, including acts of God, server failure or cyber events. All notices required by this Agreement should be sent to
legal@arrowinternational.com. This Agreement may be updated by Arrow from time to time, and a copy of the current Agreement can be found at
http://www.arrowinternational.com/IndianaEtabsTerms