1. Transaction Information; Revocable License; Refusal of Admission
ALL SALES ARE FINAL AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. For certain purchases you may be eligible to submit a name change for your purchase, which if applicable will be communicated to you at the time of purchase. OLE shall not be obligated to provide you with your purchased items (or any element thereof) until OLE receives the full and timely payment of the total fee owed as reflected in the sale. The resale or attempted resale of any good, product or service at a price higher than that it was sold for is prohibited and if discovered will result in such good, product or service being voided without refund or other compensation. If your purchase includes Tickets, credentials or other deliverables, they will be delivered to you in accordance with the policies established by OLE or the Ticketing Website as disclosed to you at the time of your purchase. OLE is not responsible for lost, stolen, or destroyed tickets or credentials.
Your purchase is a revocable license. We reserve the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from any Event, Hotels or other elements of your purchase, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with this Policy, the rules of an applicable third party, and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by us or the applicable third party as disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, or out of compliance with this Policy or the applicable third party’s terms, conditions, rules or policies (all of the above in this sentence, collectively, “Removal Behavior”). OLE makes no representations or warranties concerning, without limitation, the condition of any venue or such venue’s suitability for any particular purpose, and, you accept the venue 'as is.' You may be relocated to an alternative seating location in the sole discretion of the venue or OLE and no such relocation shall entitle you to a refund, make-good or other remedy if you are relocated to a comparable seating location in the venue.
Except to the extent permitted by applicable federal, state or local law, statute, regulation or ordinance, all the elements of your purchase may not be resold or offered for resale without OLE’s consent, which may be withheld, conditioned or delayed. Any resale in violation of applicable law will invalidate your purchase and revoke any License granted hereunder. Furthermore, you shall not use your purchase (or any element thereof) for advertising, marketing, promotions or any other commercial purposes, including, without limitation, contests, auctions, sweepstakes and giveaways, without the express written consent of OLE, which may be withheld, conditioned or delayed.
Before making a purchase, carefully review your event and your selections. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regards to tickets you purchased. Upon purchase, you agree that the credit card that you have on file with us will be charged. If you have made a purchase as part of a payment plan or schedule, you agree that the credit card that you have on file with us will be charged for the amounts and on the dates set forth in the Payment Schedule outlined during your purchase process. You agree that if such credit card expires, is invalid, is deleted or is otherwise not capable of effecting payment on the dates set forth in your Payment Schedule, we and/or a Ticketing Website will give you notice to the email you provided above and a period of 10 days to effect the payment. If we do not receive payment within such period, this Agreement will be deemed to be cancelled and all prior amounts will be forfeited. There are no additional fees or charges for a Payment Plan. Once your Initial Down Payment is received the price of the Purchased Items will not change. The Purchased Items will be set aside and held until the Final Payment made. You may pay the remaining balance at any time prior to the Final Payment. Without limiting the generality of the foregoing, you will not seek a "chargeback" from the company whose credit card you used to purchase tickets. Should you do so, your tickets may be canceled, and we may, in our sole discretion, refuse to honor pending and future ticket purchases. The price of your purchase reflects not only the ticket price for the event, but also costs related to access to and the costs of the package elements. As a result, please be aware that purchase prices listed may be substantially higher than the original face value price of any ticket included in your purchase.
If you participate in a Payment Plan, you understand and agree that the Payment Plan is subject to the terms of the Truth in Lending Act (“TILA”). You hereby acknowledge your awareness that: (i) You are not being assessed a finance charge for participating in the Payment Plan; (ii) The Balance is not subject to any assessed interest; (iii) You are not subject to any pre-payment penalty for paying the Balance in advance of the designated Payment Plan dates; and (iv) Late Payment Plan payments are subject to the terms herein. You hereby further acknowledge that you have been provided with all necessary information relating to the purchase of the Package and your participation in the Payment Plan, and that OLE has your express authorization to process payment of the Balance and the Payment Plan.
Unless otherwise noted, the total fee of your purchase is inclusive of all applicable sales or use taxes, except as specified on specific purchase elements. Accordingly, unless determined otherwise by a legitimate taxing authority, you shall not be liable for additional payment of sales or use taxes. Notwithstanding the foregoing, you shall pay and/or be responsible for paying any applicable taxes not included in the total fee regardless of when or upon whom such taxes may be levied, assessed or imposed by any such legitimate taxing authority. If such taxes are not collected directly from you by any such legitimate taxing authority and paid by OLE directly, all such taxes shall be immediately due and payable by you to and upon demand by OLE. You shall reimburse OLE for any fees, penalties or interest paid by OLE with respect to such sales or use taxes.
2. Refunds and Exchanges
UNLESS OTHERWISE NOTED AT THE TIME OF PURCHASE, ALL SALES, PURCHASES, AND PARTIAL PURCHASES UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. IF YOU FAIL, FOR ANY REASON, TO MAKE A PAYMENT, YOU MAY VOID YOUR PURCHASE AND YOU WILL NOT RECEIVE A REFUND. IF APPLICABLE, A VALID PASSPORT IS REQUIRED FOR TRAVEL OUTSIDE OF THE UNITED STATES OF AMERICA. IF AN EVENT IS OUTSIDE OF THE UNITED STATES OF AMERICA, PLEASE BE SURE THAT YOU HAVE A VALID PASSPORT PRIOR TO MAKING A PURCHASE, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE IF YOU ARE UNABLE TO TRAVEL FOR ANY REASON. THERE ARE NO REFUNDS OR EXCHANGES FOR ILLNESSES, EMERGENCIES, OR ANY OTHER UNEXPECTED CIRCUMSTANCES AFFECTING YOUR ATTENDANCE AT THE EVENT.
IT IS RECOMMENDED THAT YOU CONSIDER PURCHASING TRAVEL INSURANCE FROM A THIRD-PARTY. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF YHOUR PURCHASE TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, you understand and agree that if you cancel or interrupt your travel for any reason, portions of your purchase may not be refunded and OLE’s and any third party travel suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of your purchase and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by OLE. Employees of OLE are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for travel insurance selected.
3. Search, Ejection and Termination
You and your belongings may be searched upon entry to, or otherwise in connection with your attendance at any of the Events included in your purchase. You hereby consent to such searches and forever waive any and all related claims that could arise. If you elect to withdraw such consent to such searches, you may be denied access to an Event, or removed from an Event, without refund or other compensation. Under certain facility rules, certain items may not be brought into certain events or premises, including, without limitation, alcohol, drugs, controlled substances, weapons of any kind (including toy weapons), professional cameras and recording devices, laser pointers, strobe lights, irritants, various forms of containers, and any other item noted as prohibited or other information released by us. Breach of this Policy or any applicable third party’s terms, conditions, rules or policies will terminate your license to attend the Event without refund or other compensation.
4. Cancelled or Postpone
The location, date and time of an Event and any other elements of a purchase are subject to change by OLE, the Event organizer, venue owner or other third party responsible for the staging of an Event or other elements of your purchase (“Organizers”), respectively, in each of their sole discretion, and no such change shall entitle you to a refund or any other remedy in the event that you cannot attend for any reason due to such change. Any element of your purchase may be cancelled, postponed, delayed, altered, relocated or rescheduled at any time with or without notice in the Organizer’s sole discretion, as applicable, or due to the actions or events beyond the reasonably foreseeable control of the Organizers, the Organizers will not be liable to you or any other party because of any failure to perform hereunder due to fire, earthquake, rain, adverse weather conditions, flood, or any other acts of God, power failures, electrical or mechanical difficulties, strikes, lockout, work stoppages or other labor disturbances, governmental regulations or restrictions, terrorism, war, civil disturbances or any other cause or condition, whether similar or dissimilar to any of the foregoing, beyond the reasonably foreseeable control of the Organizers ("Force Majeure"). Delay in the performance of this Agreement caused by any Force Majeure shall not constitute a breach of this Agreement or a ground for cancellation, suspension or termination hereof. For the avoidance of doubt, postponement, relocation or cancellation of events due to weather conditions or Force Majeure events is beyond our control and we will not issue any refund or exchange for such events. If an event is cancelled for any other reason, refunds for tickets will be made at the sole discretion of OLE or in accordance with the applicable law. All purchases should be considered as "rain or shine" final purchases. If an event is canceled, we will not refund incidental expenses that you may have incurred as a result of your plans to attend the event including, but not limited to, transportation expenses, hotel reservations, or rental car costs. We are not responsible for the actions of any other Organizers when an event is canceled. If an event is postponed or rescheduled, please retain your ticket. In most cases, the original purchase and ticket will be honored for the new event date and new ticket will not need to be reissued. Refunds or exchanges will not be made for postponed, relocated or rescheduled events. It is your responsibility to verify information regarding rescheduled event dates and times prior to attending. Schedules, production elements, amenities, and all other aspects of your purchase are subject to change without notice and without grounds for refund. If we issue you a refund for a ticket due to a canceled event, we will issue a refund of the ticket's face value paid. In no event will delivery charges or any other amounts be refunded. We will not be liable for incidental expenses, including travel and lodging, or any other expenses that you or anyone else incurs in connection with a canceled, postponed or rescheduled event.
It is your responsibility to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations or third-party policies when traveling. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. IF PURCHASING HOTEL ACCOMMODATIONS, CERTAIN HOTELS MAY HAVE MINIMUM AGE REQUIREMENTS; PLEASE PAY ATTENTION TO ALL DETAILS OF EACH PACKAGE DESCRIPTION PRIOR TO PURCHASING, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLY PURCHASED PACKAGES.
When you receive any and all travel documents, it is your sole responsibility to review and verify all information. Contact OLE immediately if changes or corrections are required. You are responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. OLE shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by your health practitioner on a valid vaccination certificate, which you must carry for proof of inoculation where required.
Travel to certain destinations may involve greater risk than others. OLE urges customers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, OLE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.
UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS.
In such event, it is the Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. OLE shall not assume any responsibility for any air and/or ground schedule changes.
Unless otherwise defined during the purchase process, final payment is due prior to departure according to each third-party supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. If you cancel your purchase, OLE’s and any third-party supplier’s cancellation penalties will apply, which are detailed herein and in any relevant travel documentation or purchase confirmations. If you have any questions, or any penalties are unclear, please contact OLE. All cancellation fees will be charged to the credit card you authorized during your purchase.
If you decide to change any portion of your confirmed arrangements prior to departure or during a trip, we will attempt to assist you. Certain bookings may not be able to be changed. Administrative charges of $25 or more per change/per person are advised at time of booking, provided to you upon confirmation, and depend upon circumstances of the request. All desired changes must be made in writing to OLE.
We strive to provide an accessible environment for everyone. Wheelchair accessible and aisle-transfer (semi-ambulatory) seating locations are offered at various price points and locations for most Events, subject to availability. Enhanced accessibility for individuals with hearing loss or low vision and for those who are deaf or blind may also be available. In the event such a seating location is required, you must notify OLE at or before the time of purchase. Please select the location or price point that best fits your needs. For more details regarding wheelchair accessible and/or aisle-transfer seating locations, please call (800) 683-4846.
If you use assistive technology (such as a Braille reader, a screen reader, or TTY) and the format of any material on this Web site interferes with your ability to access information, please contact us at firstname.lastname@example.org. To enable us to respond in a manner most helpful to you, please indicate the nature of your accessibility problem, the preferred format in which to receive the material, the Web address of the requested material, and your contact information.
7. Publicity Release; Information Sharing
By attending the Event, you hereby irrevocably grant to OLE and its members, affiliates, designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with other events produced by OLE or any of OLE’s affiliates and hereby release OLE and each of their respective designees, successors, assigns, licensees and affiliates from any liability with respect thereto.
8. Representations and Warranties
Without limiting anything set forth in this Policy, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with the Event and/or activities corresponding to your transactions with OLE and/or via the Ticketing Website; (b) you are of sufficient legal age and authority to enter into any transaction with OLE and/or via the Ticketing Website, to attend the Event, and to create legal binding obligations for any liability you may incur as a result of entering into this Policy; (c) you are an authorized user of the credit or debit card used enter into any transaction with OLE and/or via the Ticketing Website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by OLE and/or any applicable third party; (e) you have obtained any and all passports, visas, health information and/or other permission necessary in connection with your transaction with OLE and/or via the Ticketing Website; and (f) you will not attempt to charge back your purchase with your bank or credit card company.
9. Third Party Aspects of the Event
In connection with the Event we might display information about travel locations, tours, services, packages, transportation, hotel accommodations, currency, schedules, various forms of entertainment and many other things and amenities. Much of this information is supplied to us by third parties (e.g., hotels, resorts, transportation companies, artists, concessionaries) and we cannot check the accuracy of such information. Some of the goods and/or services which make up your purchase in connection with the Event are provided by third parties in accordance with their own terms and conditions which may limit or exclude such third party’s liability to you. You understand that any violation of any third party’s terms and conditions may result in cancellation of your reservation, in your being denied access to the applicable aspect of the Event, in your forfeiting any monies paid for such amenity, and/or in our debiting your account for any costs we incur as a result of such violation. You agree that we are in no way responsible for the accuracy, timeliness or completeness of information we may obtain from third parties. Your interaction with any third party is at your own risk, and we will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any third party. You may be relocated to an alternative room in the sole discretion of a hotel, lodging provider or OLE and no such relocation shall entitle you to a refund, make-good or other remedy if you are relocated to a comparable room at a particular hotel or other form of lodging. IF APPLICABLE, HOTEL/LODGING/RESORT INFORMATION PROVIDED BY US (INCLUDING, WITHOUT LIMITATION, RATINGS, PHOTOGRAPHS, LIST OF HOTEL/LODGING/RESORT AMENITIES, AND DESCRIPTIONS OF PROPERTY AND ROOMS) ARE PROVIDED BY THE RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS. THIS HOTEL/LODGING/RESORT INFORMATION ARE GENERAL GUIDELINES AND WE CANNOT GUARANTEE THEIR ACCURACY. THEY ARE TO BE USED AS A GENERAL GUIDE AND THE RATINGS AND HOTEL/LODGING/RESORT INFORMATION MAY BE AMENDED PERIODICALLY BY THE RESPECTIVE SUPPLIERS TO KEEP CURRENT.
You agree to abide by the terms and conditions of purchase imposed by any third party with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the third party’s rules and restrictions regarding availability and use of goods, products and/or services. Some hotels and resorts or other third parties may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by OLE for your hotel booking or other transaction. Some hotels and resorts or other third parties may require you to present a valid driver’s license or Passport upon check in. You acknowledge that some third parties offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such third party’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the Event, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
ALL PRODUCTS, GOODS AND SERVICES IN CONNECTION WITH THE EVENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE OLE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
You acknowledge and agree that by purchasing a ticket to the Event and/or attending the Event and/or using any corresponding amenity, you may be engaging in activities that may involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions or negligence of a third party, and participants, volunteers, performers, guests and spectators at the Event; (b) conditions of any premises or equipment used; (c) temperature and/or weather; (d) condition of other participants or guests; (e) vehicular traffic; (f) offensive language or other vulgar or obscene material or actions; and (g) other risks that are not known or foreseeable at this time.
LOUD MUSIC AND SPECIAL EFFECTS WARNING: Attendees of the Event may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, fireworks, lighting and other special effects, including, without limitation, flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and/or individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before entering or remaining on the Event premises, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.
ALL THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF OLE. THE OLE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE OLE SHALL HAVE NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
11. Release and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN WHOLE OR IN PART, OLE, THE RELEVANT EVENT ORGANIZER/PRODUCER, THE National Football League, its Thirty-Two Member Professional Football clubs (the "Clubs"), NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC, NFL International LLC NOR ANY OF THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE THE RELEASEES FROM AND AGREE NOT TO SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR PRODUCTS, GOODS AND/OR SERVICES OFFERED AT OR IN CONNECTION WITH THE EVENT, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF OLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO OLE FOR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES.
You agree to defend, indemnify and hold harmless the Releasees from and against any and all liabilities, claims, damages, costs and expenses, including attorneys' fees, arising out of or in connection with (a) your transaction with OLE and/or use of the Ticketing Website; (b) your violation or breach, or alleged violation or breach, of this Policy, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein; and/or (c) your attendance at or in connection with the Event, including, without limitation, any Removal Behavior or other actions or omissions by you. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
13. Governing Law, Disputes, Including Mandatory Arbitration and Class Action Waiver
Any dispute or claim relating in any way to the products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply;
- In the event that the arbitration agreement in this Policy is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within New York, NY, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in this Policy is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of this Policy. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow this Policy as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: On Location Events, LLC, 805 Third Avenue, 31st Floor, New York, NY 10022, Attn: Legal. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in New York, NY. In the event that the location of the Arbitration (New York, NY) is for any reason held to be unenforceable, the Arbitration shall take place in person in the county where you live or at another mutually agreed location.
BY MAKING YOUR PURCHASE, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. If any provision of this Purchase Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Purchase Policy and shall not affect the validity and enforceability of any remaining provisions.
UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA LICENSEE’S ARE ENTITLED TO THE FOLLOWING SPECIFIC CONSUMER RIGHTS NOTICE: THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS MAY BE CONTACTED IN WRITING AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.
Nothing contained in this Policy will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights, if any, or obligations under this Policy. OLE may assign its rights and duties under this Policy without such assignment being considered a change to the Policy and without notice to you. The terms and conditions set forth in this Policy represent the entire understanding and agreement between you and OLE relating to the precise subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by OLE. Any waiver of any provision of these terms must be in writing signed by OLE to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.