YOU REPRESENT AND WARRANT THAT YOU PRESENTLY COMPLY WITH, AND WILL ALWAYS COMPLY WITH, ALL APPLICABLE RULES, LAWS, AND REGULATIONS. SPECIFICALLY, YOU REPRESENT THAT YOU DO NOT EMPLOY TICKET BOTS WHEN PURCHASING TICKETS. TICKETMASTER HAS ITS OWN TERMS OF SERVICE AND YOU AGREE TO ALWAYS COMPLY WITH THOSE TERMS OF SERVICE. YOU ARE REGISTERING WITH US ONLY FOR YOU, AND YOU AGREE THAT YOU WILL NOT IMPERSONATE ANOTHER PERSON AND/OR COMPANY OF ANY KIND. YOU WILL HAVE NO OWNERSHIP IN YOUR ACCOUNT OR YOUR USERNAME. BILLING IS ON A MONTHLY BASIS. WE MAY REFUSE REGISTRATION, CANCEL YOUR ACCOUNT, OR DENY ACCESS TO OUR SITE FOR ANY REASON. YOU AGREE THAT WE MAY USE YOUR EMAIL AND TELEPHONE NUMBERS FOR THE PURPOSE OF MARKETING TO YOU AND TO OTHERS.
THESE TERMS ARE SUBJECT TO CHANGE AT ANY TIME, WITHOUT NOTICE, AND YOU AGREE THAT YOU WILL BE BOUND BY THOSE CHANGES. VIOLATION OF ANY RULES WILL BE GROUNDS FOR TERMINATION OF SERVICES. TIXINTEL HAS THE RIGHT TO TERMINATE ANY ACCOUNT AND/OR REFUSE SERVICE TO ANYONE WITHOUT CAUSE AT ANY TIME.
DISCLAIMER OF WARRANTIES
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. YOU UNDERSTAND AND AGREE THAT YOU USE OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM INCLUDING BUT NOT LIMITED TO HARDWARE AND SOFTWARE, OR OTHER HARM OF ANY KIND THAT MAY RESULT. TIXFAN MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE SERVICE. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR INFORMATION ON THIS SITE. TIXINTEL DOES NOT PROMISE OR GUARANTEE YOU WILL BE ABLE TO OBTAIN INFORMATION REGARDING ANY EVENT OR BUY ANY TICKETS USING THE SERVICE. YOUR MEMBERSHIP WITH TIXFAN DOES NOT GUARANTEE THAT YOU WILL GET TICKETS TO EVENTS LISTED ON OUR SITE AND DOES NOT GUARANTEE THAT YOU WILL ACHIEVE A CERTAIN RESULT FROM ITS USE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, 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. THIS LIMITATION OF LIABILITY PROVISION IS INTENDED TO BE INTERPRETED AS BROADLY AS POSSIBLE UNDER ALL RELEVANT LAW. SHOULD ANY PORTION OF THE LIMITATION OF LIABILITY BE DEEMED UNENFORCEABLE UNDER APPLICABLE LAW, THE REMAINING LIMITATIONS SHOULD CONTINUE TO APPLY.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100). 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.
INDEMNIFICATION
IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO YOUR USE OF THE SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR AFFILIATED COMPANIES, 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.
DISPUTES, INCLUDING MANDATORY ARBITRATION AND CLASS ACTION WAIVER
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF OUR SITE, OR TO PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY US OR THROUGH US, WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. VENUE SHALL BE IN SHERIDAN, WYOMING, UTILIZING THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION CLAUSE IS INTENDED TO BE BROADLY INTERPRETED AND WILL SURVIVE TERMINATION OF THESE TERMS. THE RELATIONSHIP BETWEEN US, THE NATURE OF OUR BUSINESS AND THIS ARBITRATION PROVISION ARE INTENDED TO BE AND SHOULD BE INTERPRETED PURSUANT TO THE FEDERAL ARBITRATION ACT. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS 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 THE DISPUTE. TIXINTEL IS IN NO WAY, SHAPE, OR FORM CONNECTED OR PARTNERING WITH TICKETMASTER, NOR PRETENDING TO BE THE OFFICIAL SITE OF TICKETMASTER.
NON COMPETE AND INTELLECTUAL PROPERTY. USERS OF ANY TIXINTEL PRODUCTS OR SERVICES ARE DISALLOWED FROM COMPETING IN THE SAME CATEGORY OR SECTOR OF THE TICKETING BUSINESS. SPECIFICALLY, THE SALES OF INTELLIGENCE. ALL USERS AGREE NOT TO ARBITRAGE OR RESELL ANY OF OUR SERVICES OR PRODUCTS AND AGREE NOT TO COPY, DISTRIBUTE OR IN ANY WAY SHAPE OR FORM SHARE TIXINTEL PROPRIETARY INTELLIGENCE OR KNOWLEDGE.
USERS AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS. SPECIFICALLY THAT USING TICKET BOTS OR ANY AUTOMATION OF PURCHASING IS PROHIBITED BY TIXINTEL AND MULTIPLE LAWS BOTH STATE AND FEDERAL.
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