The following are the terms of use (“Terms”) that govern your use of EventStar365’s sites and mobile applications – including without limitation www.eventstar365.com – (collectively, the “Site”), and your purchase, possession, or use of any EventStar365 tickets, products or services.
Our Privacy Policy, Purchase Policy, and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into the Terms. By visiting or using the Site, you expressly agree to the Terms, as updated from time to time.
Please note that while some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor their children’s Internet use. If you use the Site, you affirm you are at least 13 years old.
We may make changes to the Terms at any time. Any changes we make will be effective immediately when we post a revised version of the Terms on the Site. The “Last Updated” date above will tell you when the Terms were last revised. By continuing to use this Site after that date, you agree to the changes.
To the extent that these Terms differ from a prior version of the Terms which you previously agreed to, this version of the Terms supersedes and governs.
The Terms contain an arbitration agreement and class action waiver Mandatory Arbitration Agreement and Class Action Waiver. Specifically, you and we agree that any dispute or claim relating in any way to the Terms, your use of the Site, or products or services sold, distributed, issued, or serviced by us or through us, will be resolved by binding, individual arbitration, rather than in court. By agreeing to individual arbitration, you and we each waive any right to participate in a class action lawsuit or class-wide arbitration. This agreement and waiver – along with some limited exceptions – is explained in Mandatory Arbitration Agreement and Class Action Waiver, below.
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness – including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted – and you hereby waive any and all claims and potential claims against EventStar365, and the Event Organizer (as defined in our Purchase Policy) – and against any companies affiliated with EventStar365 or the Event Organizer – relating to such risks, hazards and dangers.
You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Site, such as reserving or purchasing a ticket. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar, or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username and password. You may not use another user’s account without the user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change you username and/or password if we believe your account is no longer secure, or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account, or deny access to the Site for any reason.
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
- Restrict or inhibit any other person from using the Site
- Use the Site for any unlawful purpose
- Express or imply that any statements you make are endorsed by us, without our prior written consent
- Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company
- Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities, or other unsolicited commercial communication.
- Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, including any posting that includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous, or desirable, or contains any personal contact information or other personal information identifying any third party.
- Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Engage in spamming or flooding
- Harvest or collect information about Site users
- Order, or attempt to order, a number of tickets for an event that exceeds the stated limit for that event
- Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us, or if you violate the terms of the presale or offer.
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site (collectively, the “Content”), are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content as permitted by the Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
- Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit.
- Link to any portion of the Site other than the URL assigned to the homepage of the Site.
- “Frame” or “mirror” any part of the Site.
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content.
- Remove any copyright, trademark, or other proprietary rights notices contained on the Site.
- Use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operations of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past.
- Use any automated software or computer system to search for, reserve, buy, or otherwise obtain tickets, discount codes, promotional codes, vouchers, credits, gift cards, or any other items available on the Site, including sending information from your computer to another computer where such software or system is active.
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
- Access, reload, or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval.
- Request more than 1,000 pages of the site in any 24-hour period, whether alone or with a group of individuals.
- Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals.
- Reproduce, modify, display, publicly perform, distribute, or create derivative works of the Site or the Content.
- Reproduce or scan tickets in a format or medium different from that provided by the Site.
- Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site.
- Use the Site or the Content in an attempt to, or in conjunction with, any device, program, or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
- Use ticket bot technology to search for, reverse, or purchase tickets through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents, and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
The registered and unregistered trademarks, logos, and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos, and service marks in any way without our prior written permission. You may inquire about obtaining permission by contacting us at support@eventstar365.com.
Please review our Purchase Policy, which (in addition to the Terms) will govern your purchase of any tickets or other products through the Site, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code, credit, or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards, or vouchers that belong to you or to people who expressly authorize you to use such payment methods.
You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site.
You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.
If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment, or remittance process, or if we are no longer able to verify or authorize your credit card or bank account information, you tickets may be cancelled, we may refuse to honor all pending future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.
You will not use ticket bot technology to search for, reserve, or purchase tickets through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you form circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.
We may host fan reviews, message boards, blog fees, social media feeds, and other forums found on the Site (collectively, Forums), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork, or other materials to the Forums or other areas of the Site (User Content).
By submitting User Content, you certify that you are at least 18 years old, or that you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit User Content.
You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive, and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with the Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.
Statements, opinions, and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening, or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting of your reliance on information obtained through the postings.
You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (a) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (b) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and the Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian.
We will have the right (but not the obligation) to monitor the Site, the Forums, and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors, and our users, or to comply with legal obligations or governmental requests.
If we are notified that your User Content does not comply with the Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
Under the Digital Millennium Copyright Act of 1998 (the DMCA), if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number, and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at www.copyright.gov.
Notices and counter-notices should be sent to EventStar365 by emailing support@eventstar365.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
It is our policy to terminate, in appropriate circumstances, repeat infringers’ access rights to the Site.
The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk, and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.
We cannot prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software, or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at www.onguardonline.gov. We do not endorse the products or services listed at that website.
The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
In addition to the Terms, sweepstakes, contests, games, or other promotions (collectively, "Promotions") made available through the Site may have specific rules that are different from the Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with the Terms, except in all instances the arbitration agreement and class action waiver set forth in Mandatory Arbitration Agreement and Class Action Waiver below, will control and apply.
If you install or use our mobile application, software, and services, including any accompanying documentation (collectively, the "App"), we grant you a limited right to install and use the App on a single authorized device located in the United States and its territories, or in another country where we may offer the App. You may use the App for your personal, non-commercial, and entertainment purposes only. We do not grant you any rights to any related documentation, support, upgrades, maintenance, or other enhancements to the App. We will not provide you with any device, internet access, or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).
We may investigate any violation of the Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action (consistent with Mandatory Arbitration Agreement and Class Action Waiver below) that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy, and that we may pursue injunctive or other relief for your violation of the Terms. If we determine that you have violated the Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content, and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under the Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any ticket or merchandise order, and tickets or merchandise acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel a ticket or ticket order associated with any person we believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to us.
You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales, and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine, and that if you, or others acting with you, request more than 1,000 pages of the Site or make more than 800 reserve requests on the Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) for each page request or reserve request made during that 24-hour period which exceeds those limits.
WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
IN NO EVENT WILL WE OR OUR EVENT ORGANIZERS, SUPPLIERS, ADVERTISERS, AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN, OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES, OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (a) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (b) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (c) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
If anyone brings a claim against us related to your use of the Site, the Content, your User Content, or your violation of the Terms, you agree to indemnify, defend, and hold us and our affiliated companies, Event Organizers, suppliers, advertisers, and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses, and expenses of any kind (including reasonable legal fees and costs). 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.
YOU AND WE EACH AGREE THAT, EXCEPT AS
PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY RELATING IN ANY WAY TO THE
TERMS, YOUR USE OF THE SITE, OR PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED,
OR SERVICED BY OR THROUGH US—IRRESPECTIVE OF WHEN THAT DISPUTE, CLAIM, OR
CONTROVERSY AROSE—WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AS
SET FORTH IN THE TERMS, RATHER THAN IN COURT. YOU AND WE THEREBY EACH AGREE TO
WAIVE ANY RIGHT TO A JURY TRIAL, AND AGREE THAT YOU AND WE MAY BRING CLAIMS
AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Exceptions. The arbitration agreement and class action waiver set
forth in this Mandatory Arbitration Agreement and Class Action Waiver shall be
subject to these limited exceptions:
You may assert claims in small claims court if your claims apply.
· If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Davis County, Utah, and we both consent to the jurisdiction of those courts for such purposes.
· In the event that the arbitration agreement in the Terms 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 Davis County, Utah, and you and we each consent to the jurisdiction of those courts for such purposes.
· You and we each retain the right to participate in class-wide settlement of claims.
Informal Dispute Resolution. You and we each recognize and agree that good faith, informal efforts to resolve disputes often result in prompt, low-cost, and mutually beneficial outcomes. Therefore, you and we each agree that, before either of us may commence an arbitration or assert a claim in small claims court, you and we will engage in the following informal dispute resolution process:
· The party seeking to initiate a claim in arbitration or small claims court (“claimant”) must give written notice to the other party (“respondent”). To notify us that you intend to initiate informal dispute resolution, you must send an email to EventStar365 at support@eventstar365.com, providing: your full name; the email address and mailing address associated with your EventStar365 account; your counsel’s name and contact information, if you are represented by counsel; and a brief description of your claim(s) and the relief sought. To notify you that we intend to initiate informal dispute resolution, we will email you at the email address associated with your EventStar365 account and provide a brief description of our claim(s) and the relief sought, and our counsel’s name and contact information.
· You and we will then personally meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this mutual arbitration agreement. If either you or us is represented by counsel, that counsel may participate in the informal dispute resolution conference.
· All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process.
· The informal dispute resolution conference shall occur within sixty (60) days of receipt of the written notice described above, unless an extension is mutually agreed upon by you and us. If, after participating in that conference, you and we have been unable to resolve the dispute, the claimant may commence an arbitration or assert a claim in small claims court in accordance with this arbitration agreement.
· Any statute of limitations will be tolled while you and we engage in the informal dispute resolution process described in this section.
Governing Law; Interpretation and
Enforcement. The
arbitration agreement in the Terms is governed by the Federal Arbitration Act
(9 U.S.C. § 1 et seq.) (“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. State
arbitration laws do not govern in any respect. Further, you and we each agree
that the Terms evidence a transaction involving interstate commerce, and will
be governed by and construed in accordance with federal law to the fullest
extent possible.
Arbitration Generally; Relief Available. There is no judge or jury in
arbitration, and court review of an arbitration award is limited pursuant to
the FAA. 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 the Terms as a court
would. For the avoidance of doubt, the arbitrator can award public injunctive
relief if authorized by law and warranted by the individual claim(s).
Arbitration Proceedings and Rules. The following rules and
procedures shall apply:
· Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the Terms. New Era ADR’s Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/.
· The arbitrator shall be selected pursuant to New Era ADR’s standard rank and strike process, as set forth in New Era ADR’s General Rules and Procedures.
· To increase the efficiency of administration and resolution of arbitrations: in the event of a claim seeking equitable relief (including injunctive relief), the arbitrator shall bifurcate the proceeding and rule on liability first, before conducting any proceedings (including discovery) related to the appropriate relief.
· Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
In the event that New Era ADR is unable to conduct
the arbitration for any reason, the arbitration will be conducted by FairClaims pursuant to its FastTrack Rules &
Procedures, and/or any applicable rules for consumer arbitrations, available
at www.fairclaims.com. In the event that FairClaims
is unable to conduct the arbitration for any reason, you and we will mutually
select an alternative arbitration provider, and the arbitration will be
conducted pursuant to that provider’s applicable rules. If, pursuant to this
paragraph, the arbitration is conducted by an arbitration provider other than
New Era ADR, references to New Era ADR and its rules in the Terms shall be
construed as references to that arbitration provider and its applicable rules.
Commencing an Arbitration. A party who has complied with the
informal dispute resolution provisions described above, and who wishes to start
arbitration, must submit a Demand for Arbitration and a copy of the Terms to
New Era ADR at app.neweraadr.com, and must also give notice to the other
party. If the notice is being sent to us, it must be emailed to EventStar365.
at support@eventstar365.com. If the notice is being sent to you, it
will be sent to the email address associated with your EventStar365 account.
Arbitration Fees and Costs. If you commence an arbitration in
accordance with the Terms, you will be required to pay New Era ADR’s $300
filing fee. You will not be responsible for paying any other fees for the
arbitration, other than the filing fee; all other fees or expenses charged by
New Era ADR will be paid by us (unless the arbitrator finds that either the
substance of your claim or the relief sought is frivolous or brought for an
improper purpose). Further, if New Era ADR determines that you are unable to
pay any part of the filing fee, we will pay that part too.
In the event that the arbitration is conducted by a different arbitration
provider in accordance with the Terms, payment of any filing, administration,
or arbitrator fees shall be governed by that provider’s rules.
You and we each agree that New Era ADR, FairClaims,
JAMS, and any other arbitration provider selected pursuant to the Terms has
discretion to modify the amount or timing of any fees due under any applicable
rules or fee schedules, and further agree not to oppose any modifications to
the timing or amount of any fees due—provided that such modifications do not
increase the fees to either you or us.
Attorneys’ Fees. You are responsible for your own attorneys’ fees;
we will not pay any attorneys’ fees unless ordered to do so by the arbitrator.
For the avoidance of doubt, in cases where a statute gives you the right to
recover attorneys’ fees if you prevail, the arbitrator may award attorneys’
fees pursuant to that statute.
Delegation; Interpretation. 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; however, in the event of a dispute about which particular
version of this Agreement you agreed to, a court will decide that specific
question. This arbitration agreement is intended to be broadly interpreted and
will survive termination of the Terms.
Limited Right to Appeal. As explained above, court review of the
arbitrator’s decision is limited pursuant to the FAA; however, the Terms
provide a limited right to appeal the arbitrator’s decision to a panel of JAMS
arbitrators, as set forth in this sub-section. Specifically, in the event that
the arbitrator awards injunctive relief against either you or us, the party
against whom injunctive relief was awarded may—within 21 days of the
arbitrator’s final decision—appeal that decision to JAMS, in accordance with
the following procedure:
· Except as otherwise provided by the Terms, the appeal will be conducted pursuant to the JAMS Optional Arbitration Appeal Procedure, available at www.jamsadr.com.
· To commence an appeal, a party must submit the Demand for Arbitration Form available at www.jamsadr.com, and must also provide notice to the other party in the manner described above in this section.
· The JAMS appeal panel will consist of arbitrators who are either (a) retired state or federal judges or (b) licensed attorneys with at least 20 years of active litigation experience and substantial expertise in the substantive laws applicable to the subject matter of the dispute.
· The JAMS appeal panel will conduct a de novo review of the arbitrator’s decision.
· Except as provided in the FAA, there will be no right of appeal from the JAMS appeal panel’s decision.
Special Provision Regarding Resale Tickets for Events Located in Illinois. Solely for the purpose of complying with the Illinois Ticket Sale and Resale Act, 815 ILCS 414/1.5 et seq., if your dispute regards the resale of a ticket for any event located in the State of Illinois, then the following applies: You may submit any complaint you may have to New Era ADR as an arbitration demand, in accordance with the rules and procedures outlined in this section, and any such claims shall be decided by an independent arbitrator in accordance with the Terms. Without waiving the agreement to arbitrate or any other terms in this Mandatory Arbitration Agreement and Class Action Waiver, you also agree to submit to the jurisdiction of the State of Illinois for any complaints involving a ticketed event held in Illinois. For the sake of clarity, your agreement to submit to the jurisdiction of the State of Illinois for any complaint involving a ticketed event held in Illinois does not in any way waive your and our agreement to arbitrate, or the scope of arbitration, but simply means that—for any court proceeding that may take place in conjunction with an arbitration (e.g., a motion to enforce an arbitration award), or in the event the arbitration agreement is held unenforceable—you agree to submit to jurisdiction in Illinois. If you have an inquiry regarding a ticket resale transaction made for any event located in Illinois, please contact us at 550 W. Van Buren Street, 13th Floor, Chicago, Illinois 60607 or (877) 446-9450.
The information contained on the Site may not be current and should not be used or relied on for any investment decision regarding our securities or for any similar purpose.
Statements on the Site regarding our financial condition, results of operations and business, and our expectations or beliefs concerning future events that are not historical facts are “Forward-Looking Statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Use of the words “believes,” “expects,” “anticipates,” “plans,” “estimates,” or words of similar meaning are intended to identify Forward-Looking Statements but are not the exclusive means of identifying such statements. We caution you that there are some known and unknown factors that could cause actual results to differ materially from any future results, performance, or achievements expressed or implied by such Forward-Looking Statements, including but not limited to economic, competitive, governmental, and technological factors affecting our operations, markets, products, services, and prices, as well as the risks and uncertainties set forth in the documents we file with the SEC, specifically the section titled “Item 1A. Risk Factors” of our most recent Annual Report on Form 10-K and Quarterly Reports on Form 10-Q and Current Reports on Form 8-K. We do not undertake any obligation to publicly update or revise any Forward-Looking Statements because of new information, future events, or otherwise.
It is our belief that the Terms do not contain any provision contrary to law. However, if any part of the Terms is determined to be illegal, invalid, or unenforceable, you agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the Terms, and (b) the remaining parts shall be deemed valid and enforceable.
If you have any questions, comments, or complaints
regarding the Terms or the Site, please contact us at:
EventStar365
Attn: General Counsel
711 Parkway Drive
North Salt Lake, UT 84054
support@eventstar365.com