UNLESS OTHERWISE NOTED IN WRITING, ALL SALES, PURCHASES, INSTALLMENTS, DEPOSITS, AND PARTIAL PURCHASES UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE.
- Transaction Information; Revocable License; Refusal of Admission
UNLESS OTHERWISE NOTED IN WRITING AT THE TIME OF PURCHASE, ALL SALES ARE FINAL, NON-TRANSFERABLE, AND NON-REFUNDABLE. 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 sale. OL shall not be obligated to provide you with your Purchase (or any element thereof) until OL receives the full and timely payment of the total fee owed as reflected in the sale. If your Purchase includes Tickets or other deliverables, they will be delivered to you in accordance with the policies established by OL or the Ticketing Website as disclosed to you at the time of your purchase. OL is not responsible for lost, stolen, or destroyed Tickets. Any changes requested by You to your Purchase after your Purchase is complete, to the extent permitted by OL in its sole discretion, shall result in additional costs. Confirm all details of your Purchase prior to completing the same.
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 or policies put in place for an Event, 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”). OL makes no representations or warranties concerning, without limitation, the condition of any venue where an Event is to take place 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 OL 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 OL’s consent, which may be withheld, conditioned or delayed. Any resale in violation of this Policy or applicable law will invalidate your Purchase and revoke any license granted (t)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 OL, which may be withheld, conditioned or delayed.
Before making a Purchase, carefully review your Event, the Event information 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, including seeking a chargeback. In connection with your Purchase you may be asked to supply certain information relevant to the transaction, including, without limitation, payment information. We accept several methods of payment to accommodate your needs, including most major credit cards. You represent and warrant that any credit card information that you submit to us is true, accurate and complete, and you agree to immediately notify us if any information is inaccurate. You represent and warrant that you have the legal right to use any credit card(s) or other payment methods used in connection with a transaction.
When making a Purchase using a credit card, you authorize us to charge your credit card at the time you make the reservation and in accordance with any future payment dates agreed upon at the time of sale. You are solely responsible for any and all fees charged to your credit card by the card issuer, bank or financial institution, including, without limitation any credit card membership, overdraft or over-the-credit-limit fees. Some banks and credit card companies impose fees for international transactions. If you are making a Purchase from outside of the United States on a U.S. credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee.
Upon completing your Purchase, and to the extent you have a credit card on file with us, 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 Policy will be deemed to be cancelled and all prior amounts will be forfeited and non-refundable. There are no additional fees or charges for a payment plan. Once your initial down payment is received the price of your Purchase (including the elements thereof) will not change. Your Purchase (including the elements thereof) 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 make your Purchase or any portion thereof. Should you do so, your Purchase (including the elements thereof) may be canceled, and we may, in our sole discretion, refuse to honor pending and future purchases. The price of your Purchase reflects not only the Ticket for the Event, if included, but also costs related to access to the other elements of the Purchase. As a result, please be aware that prices listed may be substantially higher than the original face value price of any Ticket included in your Purchase or on the face of the Ticket.
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. 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 your Purchase and your participation in the payment plan, and that OL 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 elements of your Purchase. 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 OL directly, all such taxes shall be immediately due and payable by you to and upon demand by OL. You shall reimburse OL for any fees, penalties or interest paid by OL with respect to such sales or use taxes.
Though Ticket prices constantly fluctuate on the open market based on demand, OL’s prices are deemed final for you once your order is confirmed. Once your order has been confirmed, if the price of any Ticket(s) included in your Purchase increases prior to the Event, you will not be charged for the difference. Alternatively, if the price of the Ticket(s) included in your Purchase decreases prior to the Event, no refunds or upgrades will be given. If your order has not been confirmed in writing, your order may be subject to cancellation. All prices are listed in U.S. dollars unless otherwise noted. Occasionally, Ticket prices are inadvertently listed incorrectly on the website. In these rare instances, if your order has not been confirmed, we may cancel your order and your card will not be charged. If your order has been confirmed, you will be refunded in full and may purchase a Ticket at the correct price if available. In both of these scenarios you may receive an email or phone call advising you of your options or that your order has been canceled.
All times listed are local for the Event. Event dates, times, and venue are printed on the face of the Tickets and website, but are always subject to change. This information should be verified by you prior to the event. It is important to consult your local media or the Event’s official website to ensure that you arrive at the event on the correct date, time, and at the correct venue. OL is not responsible for notifying you of date, time, or venue changes. In the event that you were not able to gain admission to the Event with the Tickets that were delivered, you must obtain documentation from the venue stating that the Tickets were unusable in order for us to be able to process a refund.
- Refunds and Exchanges
UNLESS OTHERWISE NOTED IN WRITING, ALL SALES, PURCHASES, INSTALLMENTS, DEPOSITS, 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 AND ANY OTHER NECESSARY TRAVEL DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, VISAS OR VACCINATIONS, 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 YOUR PURCHASE TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTIONS, 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, your Purchase is not refundable (unless otherwise agreed to in writing) and OL’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 OL. Employees of OL 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.
- Cancelled or Postponed Events (Non-Refundable unless otherwise noted by OL)
The location, date and time of an Event and any other elements of your Purchase are subject to change (including, but not limited to, cancellation, postponement or relocation) by OL, the Event organizer, venue owner or other third party responsible for the staging of an Event or other elements of your Purchase (collectively, the “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 unless agreed to in writing by OL. Any element of your Purchase may be cancelled, postponed, delayed, altered, relocated or rescheduled at any time with or without notice in the Organizers’ 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, epidemic, pandemic (including COVID-19) or any other cause or condition, whether known or unknown, or similar or dissimilar to any of the foregoing, beyond the reasonably foreseeable control of the Organizers (“Force Majeure”). Delay in the performance of this Policy or the failure of OL to perform or provide the Purchase (or any element thereof) caused by any Force Majeure shall not constitute a breach of this Policy 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, unless otherwise agreed to in writing by OL. If an event is cancelled for any other reason, refunds for Tickets will be made at the sole discretion of OL or in accordance with the applicable law. Your Purchase is considered as a “rain or shine” final Purchase. If an Event is canceled, postponed or rescheduled 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, elements of the original Purchase and any Ticket(s) will be honored for the new Event date and a new Ticket(s) will not need to be reissued. Refunds or exchanges will not be made for postponed, relocated or rescheduled Events and you shall only be entitled to attend the rescheduled Event. It is your responsibility to verify information regarding rescheduled Event dates and times prior to attending. Schedules, performers, participants, teams, 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 Purchase, or a Ticket individually, due to a canceled Event, we will issue a refund of the Ticket’s face value and a refund will be limited only to the portion of the Purchase that was unable to be consumed due to such cancellation. In no event will delivery charges or any other amounts be refunded.
- Virtual Experiences
All or part of your Purchase may include access to certain live stream events, virtual meet and greets, and/or other virtual experiences which you may access from an OL platform (including On Location Live) or a platform provided by a third party (“Third Party Platform”). If such experiences and events occur on a Third Party Platform you will be re-directed from an OL website or will be directed to access the Third Party Platform via instructions provided at the time of sale, or shortly thereafter. In addition to the terms of this Policy, you acknowledge that Third Party Platform(s) may have their own terms and conditions which may limit or exclude such Third Party Platform’s liability to you. You understand that any violation of any Third Party Platform’s terms and conditions may result in cancellation of your Purchase (or any element thereof), in your being denied access to the applicable aspect of the virtual event/ experience, in your forfeiting any monies paid for the same, 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 provided by third parties or otherwise included on a Third Party Platform. Your interaction with any Third Party Platform 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 Platform or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any Third Party Platform. In connection with your Purchase hereunder, you may be allowed to interact, engage, upload, live stream, submit, or publish content such as videos, recordings, images, and text all of which must comply with the policies of OL and/or a Third Party Platform, as applicable. If your behavior or any content provided while using an OL platform or a Third Party Platform is found to violate any of the Policy, policies of a Third Party Platform, or any applicable law, your access to the platform, experience, or event may be revoked without notice and without any refund. You understand and acknowledge that any interactions, engagements, recordings, images or any similar purchaser provided content may be made publicly available and purchaser should not contribute any of the same unless purchaser wants it to be made public. Some live stream events, meet and greets, and/or other virtual experiences may have age requirements to participate, please do not purchase or participate in any of the same if you do not meet such requirements. While using an OL platform, any Third Party Platform, or in connection with a Personal Recording under Section 5: do not impersonate others, harass others, insight others to violate the law or this Policy, or make defamatory remarks; do not do anything or provide content which is unlawful, illegal, misleading, obscene, sexually explicit, offensive, discriminatory or fraudulent; do not provide confidential or private information which may infringe on yours or someone else’s rights, including, but not limited to, intellectual property, trademarks, trade secrets, or copyrights; engaging in any of the foregoing may lead to OL restricting or revoking your access to the platform, experience, or event may be revoked without notice and without any refund. You expressly acknowledge that OL and each of its designees, shall have the unlimited, exclusive, non-revocable, royalty-free, perpetual, worldwide, right to film, videotape, photograph, record, digitize or otherwise reproduce any content You provide hereunder or create while using an OL platform or Third Party Platform, by any means or medium now known or hereafter devised (“Production Rights”) and to exhibit, exploit, edit, publish, broadcast, display, distribute and otherwise use the results and proceeds of such Production Rights, in whole or in part, including, without limitation, in audio only or audiovisual works (“Materials”), in all media now known or hereafter devised, including digital online media, social media or any analogue (including print) or industrial or out of home media, on-line streaming, over-the-air, cable and satellite and other means of radio and television broadcasting, any other means of wireline and wireless transmission during the term hereof. As between You and OL, OL is and shall be the sole and exclusive owner of all right, title and interest in and to the Materials, including, but not limited to, any rights of intellectual property, including copyright, and of all negatives, prints, tapes and reproductions thereof.
- Pre-Recorded Videos
As a part or all of your Purchase, you may obtain certain pre-recorded videos/recordings (each a “Personal Recording”) from musical artists, athletes, actors, performers, influencers, comedians and other talent and/or celebrities (each, a “Talent”) based on, in whole or in part, certain requests You submitted in connection with your Purchase (each a “Request”). You acknowledge and agree that Talent may fulfill your Request(s) and include such content as it deems fit in any Personal Recording, subject to Talent’s sole discretion, and that portions of your Request may not be entirely fulfilled. OL and Talent each reserves the right to reject any Request in either party’s sole discretion, and OL’s sole liability for such rejection shall be a refund of the amount paid solely in connection with the rejected Request. All Personal Recordings you receive pursuant to this Section are licensed, not sold – you are buying the right/ license to use the Personal Recording, not the actual ownership of the Personal Recording itself.
Subject to your payment in full and your ongoing compliance with this Policy, Talent hereby grants to you the limited, non-exclusive, royalty-free, fully paid, worldwide, sublicensable (only in connection with Your use of the video/recording), revocable license to use the Personal Recording solely for your own personal, non-commercial, and non-promotional purposes and to reproduce, distribute, and publicly display that such video/recording, in any and all media whether now known or hereafter invented or devised.
You shall not sell, re-sell, or encumber your rights in any Personal Recording. You may use the Personal Recording only in accordance with this Policy. If your behavior in connection with, or your use of, a Personal Recording is found to violate this Policy, disparage or discredit the applicable Talent, or any applicable law, your license to, or rights in, the Personal Recording may be revoked without notice and without any refund. We may terminate all or part of the foregoing licenses at any time for any reason.
- Mobile Application
- FAN2FAN Exchange on PrimeSport.com
Should you (“Seller”) list Tickets for sale on the PrimeSport.com or its affiliates websites using the FAN2FAN Exchange, you agree that the Tickets are physically in your possession at the time of listing or that you have documentation for the Tickets you are listing for sale. Tickets determined to be speculative can be removed by PrimeSport at any time. See table below for purchasing rules based on the amount of Tickets listed.
Buyer Can Purchase
1, 2, 3, 4, or 6
1, 2, 3, or 5
2 or 4
1 or 3
*Please note, if the Seller has more than six Tickets listed, the buyer can purchase any amount so long that it does not leave the Seller with a single ticket.
There will be a set Seller fee for every ticket sold. The Seller fee differs depending on the Event you are listing tickets for and will only be charged if your Tickets sell. Please take a look at the Event’s selling rules to determine the corresponding fee. Typically, the fees range from 5-15%. For example, if the Seller Fee is 10%, and you list your Ticket for $100 and it sells, you will receive $90.
You can modify the listing price of your Tickets or delete your Ticket listings at any time by logging into your account on the website. You can log into your account via the Log In button in the upper right hand corner of PrimeSport.com. From there, you can access your account information via your welcome greeting and visiting the section titled “Tickets I’m Selling”.
Please note, for some Events there may be a price floor. Typically it is the face value of the Ticket, meaning you will not be able to list your Ticket below face value. In some cases, exceptions are made and the price floor can be lifted. This information will be in the selling rules. If your Tickets are sold, you will receive a sold notification email. When shipping your Tickets to the buyer the only items included in the FedEx envelope should be the Tickets sealed in a plain white mailing envelope. You must ship your tickets within 48 hours of the in hand date you selected when listing your Tickets in order to avoid possible order cancellation.
By creating a listing, you agree to ship the exact Tickets in your listing in accordance with the shipping instructions provided by PrimeSport. Please note, there is no option to confirm or deny a sale on our site. Once your Tickets sell, you are obligated to send the respective Tickets within 48 hours of receiving your shipping instructions. Failure to fulfill your order can result in (a.) PrimeSport reissuing the Tickets you listed for our buyer and invalidating your seats, or (b.) charging your credit card to cover the cost of replacement Tickets that will be provided to the buyer. If you sell your Tickets elsewhere, you must remove your listing from PrimeSport immediately in order to avoid a double sale.
PrimeSport is not responsible for any errors made in the listing or pricing of the Tickets by users of this site or liable for any errors of this kind. PrimeSport reserves the right to cancel any order deemed to be mapped incorrectly or mispriced.
There will be a selling cutoff date for every event, this date will be listed in the selling rules section. Please note this date can be changed at any time at PrimeSport’s discretion.
All Sellers will be paid upon completion of the applicable Event by the method they chose during the listing process (company check or PayPal). Company checks are typically sent within 10 days of completion of the Event and PayPal is generally paid within 48 hours after completion of the Event. If the Event is cancelled you (seller) will not be paid and PrimeSport will return Tickets to you. Please feel free to contact PrimeSport at 800-591-9198 Monday – Friday from 9AM-7PM EST, Saturday – Sunday 10AM-5PM EST or by email at firstname.lastname@example.org.
- Inventory and Category Orders
Inventory orders are made for tickets which are generally in stock at the time of purchase. Since our online ordering function is not in real time occasionally Tickets that were ordered may no longer be available. Placement of an order through our website does not guarantee your Tickets. Your order will be filled on a first come first served basis.
Category orders are made for Tickets for some events which are not obtainable until closer to the date of the event. Category orders or pre-orders involve Tickets that are purchased in advance of that particular Event and are not physically in stock yet. These orders are taken for general seating locations. All quantities are guaranteed in pairs unless otherwise noted. Tickets will be delivered as soon as we receive them. In some cases deliveries are not made until the week of the Event and occasionally as late as the day of the Event. There is no guarantee as to the date and time Tickets will be delivered to you other than prior to the Event. Please refer to individual Event pages or your order confirmation. Once an order has been confirmed, a confirmation will be sent via email.
- Third Party Aspects of the Event; Travel
In connection with your Purchase and/or the Event or the use of our Mobile Application(s) (including the On Location mobile app) we might display information about travel locations, travel operators, transportation providers, tours, services, packages, transportation, dining options, 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, airlines, cruise lines, tour companies, 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 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, including any cancellation charges or fees that might be assessed by such third parties. You understand that any violation of any third party’s terms and conditions may result in cancellation of your reservation or purchase, in your being denied access to the applicable aspect of your Purchase or 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 or any cancellations that result in a fee, without refund from OL. 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 OL 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/dining 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.
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 made purchases. 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 OL 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.
It is your responsibility to make yourself aware of any/all regulations and/or requirements imposed by transportation providers, service providers and/or countries of entrance/exit, and 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.
When you receive any and all travel documents, it is your sole responsibility to review and verify all information. Contact OL 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. OL 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.
Check the USA State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States visit www.tsa.gov, www.dot.gov, www.faa.gov.us, www.ustreas.gov, www.cbp.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States especially your embassy and http://www.uscis.gov/ for non-USA citizens. (Customer is responsible to make OL aware when traveling on a passport from a country other than the USA.) OL neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, OL is not responsible for lost payments made toward the contemplated trip. Please note that USA rules regarding entry and exit change on a daily basis. 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 found http://www.tsa.gov/traveler-information/acceptable-ids. Examples: DHS-designated enhanced driver’s license, USA Passport, a foreign government passport.
Travel to certain destinations may involve greater risk than others. OL 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, OL 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. UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS. YOU WILL NOT BE ENTITLED TO A REFUND IF YOU ARE UNABLE TO UTILIZE YOUR PURCHASE DUE TO ANY FAILURE TO PROCURE AIRLINE TRANSPORTATION. NO REFUND FOR UNUSED ARRANGEMENTS AND MINIMUM PASSENGER REQUIREMENTS.
- Additional Documents
Depending on what you purchase from OL, you (and your guests or other members of your party) may be required to read and sign additional documents, for example, without limitation, agreements in connection with a rental property or other documents in connection with a hotel or other accommodations. You hereby agree to execute and deliver to OL or its designees any and all such documents consistent herewith or otherwise reasonably necessary for your purchase to be fulfilled or to effectuate the purposes of this Policy when and as directed by OL or applicable authority. In case of your refusal or failure to so execute or deliver, or cause to be so executed and delivered, any document or other instrument herein provided for within three (3) days (unless OL reasonably requires a response in less time due to exigencies), then in such event, you hereby nominate, constitute and appoint OL and OL shall therefore be deemed to be your true and lawful attorney-in-fact irrevocably, to, at OL’s election, execute and deliver all of such documents and instruments in your name and on your behalf. If you fail or refuse to execute such documents and OL elects not to execute such documents on your behalf, then OL reserves 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 applicable facility or event, and/or withdraw or refuse to begin applicable services or provide applicable goods.
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 OL 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 or our Mobile Applications interferes with your ability to access information, please contact us at email@example.com. 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.
- Publicity Release; Information Sharing
By making a purchase, attending the Event, participating in a virtual experience, or using our Mobile Applications, you (on behalf of yourself and your guests/ invitees) hereby irrevocably grant to OL 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 OL or any of OL’s affiliates and hereby release OL and each of their respective designees, successors, assigns, licensees and affiliates from any liability with respect thereto. Except as expressly authorized by OL or a third party authorized by OL, you (on behalf of yourself and your guests/ invitees) may not film, photograph, broadcast, stream, publish, transmit, and/or otherwise offer to the public (or assist any third party in offering to the public), on a live or on a delayed basis, in whole or in part, and whether on a free basis or subject to payment, any sound recording, photograph, video footage, motion picture, film, and/or other audio and/or visual content captured by any means whatsoever in or around the Event site or while engaging in a virtual experience on an OL platform or Third Party Platform.
- Registered Seller of Travel
CID Entertainment, CID Presents, North America Sports Media, Inc., Premiere Sports Travel, PrimeSport, Steve Furgal’s International Tennis Tours, and Valley Music Travel are Registered Sellers of Travel in CA under CST No. 2080540-50. Anthony Travel is a Registered Seller of Travel under CST No. 2015374. Registration as a seller of travel does not constitute approval by the State of California. (Bus. & Prof. Code, § 17550.24.).
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with OL by any means, including our Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of OL communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with OL is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by OL shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by OL and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in OL debiting your account for any costs OL incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by OL.
- USTA Disclosure
Steve Furgal’s International Tennis Tours is an independent contractor and is not an agent or employee of the United States Tennis Association or any of its affiliates (here and after, “USTA”). All coupons, receipts and tickets are issued subject to the terms and conditions specified by Steve Furgal’s International Tennis Tours and its suppliers. By utilizing the services of Steve Furgal’s International Tennis Tours and its suppliers, the tour participant agrees that neither the USTA nor any representative or agent of the USTA shall be liable for any act or error caused by the suppliers or contractors who are providing said transportation or other services, nor shall the USTA or any of its representatives or agents be liable for any accident, loss, injury or damage to the tour participant or those traveling with the tour participant in connection with any transportation or other services, or resulting directly or indirectly from any occurrences or conditions including, but not limited to, acts of God, defects in vehicles, breakdowns in equipment or machinery, acts of governments or other authorities, wars, hostilities, civil disturbances, strikes, thefts, quarantines, epidemics, delays or cancellations of, or changes in, schedules.
- COVID-19: Event Protocols, Assumption of Risk, and Release
OL has undertaken a number of measures to help mitigate the risk transmission of COVID-19 and other contagious illnesses, and the Event(s) may have enhanced health and safety measures in place due to the COVID-19 outbreak in order to prevent further spread of COVID-19. Purchaser (as well as any of Purchaser’s guests/ invitees) may be required to follow any policies or protocols put in place by OL, the venue owner and/or operator, or any Event organizer in order to attend the Event (collectively, the “Protocols”). Additionally, Purchaser and its guests should refrain from attending the Event if they believe they have come into contact with COVID-19 or are not feeling well. Purchaser, on behalf of itself and its guests/ invitees (including minors accompanying Purchaser or its guests/ invitees) acknowledge that COVID-19 is extremely contagious and that despite the measures OL, the venue owner and/or operator, or any Event organizer have implemented to help mitigate the risk of transmission, the elimination of risk of exposure and infection to COVID-19 is not currently possible, in connection thereto it shall be the sole responsibility of Purchaser, as well as any of Purchaser’s guests/ invitees, including on behalf of any minors accompanying any of the forgoing, to utilize their best efforts to avoid any action or omission which may jeopardize their own safety or the safety of others.
IN FULL KNOWLEDGE AND COMPLETE ASSUMPTION OF ALL OF THE RISKS, PURCHASER, FOR ITSELF AND ON BEHALF OF ITS GUESTS/ INVITEES (INCLUDING MINORS ACCOMPANYING PURCHASER OR ITS GUESTS/ INVITEES) (COLLECTIVELY, THE “RELEASING PARTIES”), HEREBY IRREVOCABLY AGREES THAT THE RELEASING PARTIES WILL NOT SUE OR CLAIM AGAINST THE RELEASEES (AS DEFINED BELOW) FOR ANY INJURY, ILLNESS, DAMAGE, LOSS OR HARM TO ANY RELEASING PARTY OR SUCH RELEASING PARTY’S PROPERTY OR THE RELEASING PARTY’S DEATH OR DISABILITY, WHETHER IN CONNECTION WITH THE ILLNESS(ES), HARM(S), OR OTHERWISE, RESULTING OR ARISING OUT OF OR IN ANY WAY RELATED TO PREPARATION FOR, TRAVEL FOR, ATTENDANCE AT, AND PARTICIPATION IN THE EVENT AND USING THE BENEFITS AND ELEMENTS OF THE PURCHASE INCLUDING, WITHOUT LIMITATION, INCLUDED SERVICES AND THIRD-PARTY PROVIDED SERVICES PURCHASED HEREUNDER.
- Search, Background Check, 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. From time to time in relation to an event involving up-close interactions with celebrities, officials, or other VIPs, you and your guests may be subject to a criminal background check prior to such event. You (on your behalf and their behalf) consent to such background checks and waive any related claims that may arise. If you and/or your guests elect not to consent to such background checks, we may cancel your purchase in our discretion. Breach of this Policy, the Protocols, or any of OL’s or any applicable third party’s terms, conditions, rules or policies will terminate your license to attend the Event without refund or other compensation.
- 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 (including a Virtual Experience), a Personal Recording, and/or activities corresponding to your transactions with OL and/or via the Ticketing Website; (b) you are of sufficient legal age and authority to enter into any transaction with OL 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 OL 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 OL 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 OL and/or via the Ticketing Website; and (f) you will not attempt to charge back your purchase with your bank or credit card company.
ALL PRODUCTS (INCLUDING PERSONAL RECORDING(S)), MOBILE APPLICATIONS, GOODS AND SERVICES IN CONNECTION WITH A PURCHASE OR THE EVENT, OR YOUR USE OF A MOBILE APPLICATION, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OL 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 OL. THE OL 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 OL 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.
- Release and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN WHOLE OR IN PART, OL, 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, ENDEAVOR, INC, NOR ANY OF THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, 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 YOUR PURCHASE, THE USE OF OR INABILITY TO USE A PERSONAL RECORDING OR MOBILE APPLICATION, THE MATERIALS AND/OR FACILITIES OR PRODUCTS, GOODS AND/OR SERVICES OFFERED AT OR IN CONNECTION WITH THE EVENT, INCLUDING, BUT NOT LIMITED TO, INDIRECT, PUNITIVE, 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 OL 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 OL FOR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES. UNLESS OTHERWISE PERMITTED BY LAW, NO ACTION ARISING OUT OF OR RELATING TO THIS PURCHASE POLICY OR THE TRANSACTIONS IT CONTEMPLATES MAY BE COMMENCED AGAINST EXPERIENCES MORE THAN 12 MONTHS AFTER THE BASIS FOR SUCH CLAIM COULD REASONABLY HAVE BEEN DISCOVERED.
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 OL and/or use of the Ticketing Website; (b) your violation or breach, or alleged violation or breach, of this Policy or other applicable policies, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein; (c) your attendance at or in connection with the Event (including a Virtual Experience), including, without limitation, any Removal Behavior or other actions or omissions by you; and/or (d) your use of a Personal Recording or Mobile Application. 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.
- Governing Law, Disputes, Including Mandatory Arbitration and Class Action Waiver
Subject to the provisions of applicable law, this Policy is governed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. You and OL hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the Borough of Manhattan, New York, United States of America for the adjudication or disposition of any claim, action or dispute arising out of this Policy. Notwithstanding anything to the contrary contained in this Policy, You and OL hereby waive any and all rights to a judicial determination of any dispute or claims related to this Policy, including the right to trial by jury, and any and all disputes, claims, or causes of action between the parties arising out of or concerning this Policy or any alleged breach thereof by either party, and agree to resolve any disputes or claims through binding arbitration. 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 Policy, including, but not limited to any claim that all or any part of this Policy 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, 3575 Piedmont Road, Suite 950, Atlanta, GA 30305, 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 Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this 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. OL 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 OL 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 OL. Any waiver of any provision of these terms must be in writing signed by OL 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.
Updated January 12, 2021