Empire Entertainment & Travel, Inc. Terms and Conditions of Sale / Purchase Policy
Welcome to the Empire Entertainment & Travel, Inc. Terms and Conditions of Sale / Purchase Policy (this “Policy”). By using this website and/or making a purchase from Empire Entertainment & Travel, Inc., or any one or more of its affiliates, including but not limited to Empire Tickets, Club Magnolia Hospitality Resort, Oktoberfest Tickets Munich, and Club Dawgwood (collectively, “EET”, “we”, “us”, “our”), you (“you”, “your”) agree to abide by the terms, conditions, rules, and policies (collectively, the “Terms”) contained in this Policy, which are intended to facilitate your understanding of, and satisfaction with, our purchasing process and the policies and procedures governing any such purchase. If you do not agree to be bound by the Terms of this Policy, please do not use any Ticketing Website or enter into any transaction with EET. If you make a purchase on behalf of someone else, the Terms of this Policy shall also apply to that person(s), and it is your duty to inform such person(s) of this Policy. Please read this Policy carefully prior to making any purchase with us over the phone, in person, or on this website or any affiliated third-party ticketing website you may be directed to (each such website, a “Ticketing Website”). This Policy is in addition to any other information provided to you or otherwise posted by EET and/or a Ticketing Website.
1. COMPLETE EVENT TERMS
By making a purchase from EET (each, a “Purchase”) to gain access to a specific event (each, an “Event”), you agree to be bound by the Terms set forth in this Policy, as well as any additional terms, conditions, rules, and policies: (a) contained on the back of any applicable ticket or credential (collectively, a “Ticket”); (b) included with any Ticket or other deliverable purchased by you from EET (each such deliverable, including any Tickets, a “Deliverable”); or (c) otherwise provided by the Event organizer, the venue, a Ticketing Website, and any applicable third-party service provider (hotel, transportation, etc.). Certain Events require supplemental and/or additional terms and conditions (“Additional Terms”). EET will provide any applicable Additional Terms in its possession related to such Event; however, you are responsible for performing your own due diligence in reviewing all terms, conditions, rules, and policies related to the Event, and EET shall not be liable for your failure to abide by any Additional Terms. In the event of a conflict between this Policy and the Additional Terms, the Additional Terms shall control. We reserve the right at any time, in our sole discretion, to change or otherwise modify this Policy without prior notice. Be sure to return periodically to review the most current version of this Policy.
2. ALL SALES ARE FINAL
UNLESS OTHERWISE NOTED HEREIN OR IN WRITING AT THE TIME OF CONFIRMATION, ALL CONFIRMED PURCHASES, INSTALLMENTS, DEPOSITS, AND PAYMENTS MADE PURSUANT TO A PAYMENT SCHEDULE ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. NO EXCHANGES, REFUNDS, OR RESALE OF DELIVERABLES ALLOWED. NOT REDEEMABLE FOR CASH. ANY VIOLATION OF THIS POLICY BY YOU OR THE USER OF ANY DELIVERABLES WILL RESULT IN YOUR PURCHASE BEING CANCELLED WITHOUT REFUND OR OTHER COMPENSATION.
3. GENERAL INFORMATION
3.1 The price of your Purchase reflects not only the Ticket price for the Event, but also costs related to the acquisition or provision of such Ticket and any additional elements of your Purchase. As a result, listed prices may be substantially higher than the original face value price of any Ticket or other Deliverable included in your Purchase. All prices quoted to you are in United States Dollars.
3.2 You acknowledge that EET acts only as an agent between you and the original holder of the Deliverables. EET is not affiliated nor licensed with any box office, promoter, venue, stadium, theatre, sport team, or sporting association. We do not act on the authority or with the official permission of such entities.
3.3 Any and all copyrights, trademarks, or trade names used on a Ticketing Website, marketing materials, or other documents which are not owned by EET are used for descriptive and informational purposes only.
3.4 You agree not to use your Deliverables (or any other element of your Purchase) for advertising, marketing, promotions, or any other commercial purposes without the express written consent of EET, which may be withheld, conditioned, or delayed, in EET’s sole discretion.
4. ALTERED, POSTPONED, OR CANCELLED EVENTS; REFUND POLICY
4.1 All times listed are local for the Event. Event dates, times, and venue are subject to change in the sole discretion of EET, the Event organizer, venue owner, or other third party responsible for the staging of the Event or any other elements of your Purchase, as applicable. In some cases, Events may be held with restrictions or limitations on the maximum number of spectators allowable at such Event or held without spectators at all. It is your responsibility to verify such information prior to attending the Event. EET shall not be responsible for notifying you of Event date, time, or venue changes, or of spectator capacity restrictions. While no changes to the date, time, venue, or spectator capacity of the Event, or any other element of your Purchase, shall entitle you to a refund or any other remedy, please contact EET using the contact information provided in Section 21 herein in the event that you cannot attend the applicable Event due to spectator capacity restrictions.
4.2 Any element of your Purchase is subject to being cancelled, postponed, delayed, relocated, rescheduled, or otherwise altered at any time with or without notice by EET, the Event organizer, the venue, or other third parties responsible for the staging the Event or other elements of your Purchase, as applicable, in their sole discretion. No such cancellation, postponement, delay, relocation, rescheduling, or other alterations shall entitle you to a refund or any other remedy.
4.3 If an Event related to your Purchase is cancelled, postponed, delayed, relocated, rescheduled, or otherwise altered, EET will not refund expenses you have incurred incidental to your plans to attend such Event including, but not limited to, transportation expenses, hotel reservations, or other similar expenses. EET is not responsible for the actions of any third-party Event organizers when an event is cancelled, postponed, delayed, relocated, rescheduled, or otherwise altered.
4.4 If applicable, you agree not to seek a “chargeback” from the credit card company used to make your Purchase. Should you do so, your Purchase may be canceled, and we may, in our sole discretion, refuse to honor pending and future Purchases.
5. TICKET INFORMATION
5.1 All Tickets constitute revocable licenses, are considered one-of-a-kind items, and are not replaceable.
5.2 If necessary, in the sole discretion of EET or the venue, you may be relocated to a seating location other than the location identified on your Ticket. No such relocation shall entitle you to any refund or other remedy so long as you are relocated to a comparable seating location in the venue, in EET’s sole reasonable discretion.
5.3 Tickets to certain Events shall remain the property of the original Ticket holder, and shall require you to return such Tickets to EET, in their original condition, after the Event. If the Event related to your Purchase requires the return of your Tickets, EET shall inform you of such requirement, and you will be required to provide a security deposit and execute an additional agreement obligating you to return the Tickets on or before the time, and at the location, specified in such additional agreement. In the event you fail to return the Tickets pursuant to the terms of such additional agreement, you understand that your security deposit will be forfeited.
5.4 If an Event is rescheduled, please retain your Tickets. Applicable Tickets will be honored for the rescheduled date, and new Tickets generally will not need to be issued. In the event new Tickets are needed, you will be contacted by EET.
6. PURCHASING AND PAYMENT PROCESS
UNLESS OTHERWISE NOTED HEREIN, ALL CONFIRMED PURCHASES, INSTALLMENTS, DEPOSITS, AND PAYMENTS MADE PURSUANT TO A PAYMENT SCHEDULE ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. NO EXCHANGES, REFUNDS, OR RESALE OF DELIVERABLES ALLOWED.
6.1 Inventory Purchases - Tickets for some Events sold by EET have been purchased by, or are on consignment with, EET (or have been listed as owned or consigned to a trusted seller on a trusted exchange used by EET) at the time of your Purchase. In most cases, the exact seat location is known. Since certain trusted exchanges do not operate in real time, occasionally Tickets that you ordered may no longer be available.
6.2 Category Purchases - Tickets for some Events are not obtainable until close to the date of the Event. "Category Purchases" involve Tickets that are purchased in advance of a particular Event and are not physically in stock yet, or their exact location is undetermined. Category purchases are made only for general seating locations. All Ticket quantities are guaranteed in pairs, unless otherwise noted.
6.3 Ticket Insurance - EET DOES NOT SELL TICKET INSURANCE. EET IS AT ALL TIMES INDEPENDENT FROM, AND NOT AFFILIATED WITH, ANY THIRD-PARTY INSURANCE PROVIDER. If ticket insurance is available to you, it is recommended that you consider purchasing ticket insurance to protect against certain losses and financial risks related to your ability to attend the Event. Ticket insurance is not included in the cost of your Purchase, unless specifically noted otherwise. However, if available, you are entitled and encouraged to purchase ticket insurance through a reputable third-party provider at your sole additional cost. Employees of EET are not authorized to answer questions about benefits, exclusions, or conditions of any insurance offered, nor evaluate the adequacy of the prospective insured’s existing coverage.
6.4 Upon making a Purchase, you agree that the credit card you have on file with us, or other payment method agreed to by EET, will be charged or otherwise processed for the total cost of your Purchase. Notwithstanding the foregoing, if you made a Purchase as part of a payment schedule, you agree that the credit card you have on file with us will be charged for the amounts and on the dates set forth in the payment schedule.
6.5 Unless otherwise agreed in writing by EET, the total cost of your Purchase shall be paid in full no later than sixty (60) days prior to the date of the Event. In the event you make a Purchase within the sixty (60) days preceding the date of the Event, then the total cost of your Purchase shall be paid in full within five (5) days of your receipt of confirmation of sale from EET, unless otherwise agreed in writing by EET.
6.6 A Purchase through any Ticketing Website alone does not secure your Tickets. Your first post-purchase communication from EET will notify you that your Purchase has been received and is in processing. You will receive a confirmation of sale once we have confirmed availably of the Tickets. Purchases will be filled on a first come first served basis. EET’s prices to you are final once your Purchase has been confirmed, and subsequent market fluctuations will neither result in a modification, whether upward or downward, to the cost of your Purchase, nor entitle you to upgraded Tickets.
6.7 You may be required to provide additional proof of your identity at the time of Purchase, including, but not limited to, providing a signed credit card authorization and/or photocopies of documents such as a state driver’s license or federal passport.
6.8 Unless otherwise noted, the total cost of your Purchase is inclusive of all applicable sales or use taxes. Notwithstanding the foregoing, you shall be responsible for paying any additional taxes not included in the total cost of your Purchase, as applicable, and EET shall not be liable for such additional taxes or any fees, penalties, or interest related thereto. Any fees, penalties, or interest incurred by EET shall immediately be due and payable upon notice by EET of same.
6.9 Unless otherwise noted, there are no additional fees or charges associated with the use of a payment schedule. The applicable Deliverables will be set aside and held until the payment schedule is completed. You may prepay some or all of the remaining payments at any time prior to the payment dates identified in the payment schedule.
6.10 Occasionally, Ticket prices are listed incorrectly on the Ticketing Website. In these rare instances, if your Purchase has not been confirmed, we may cancel your Purchase and your credit card will not be charged. If your Purchase has been confirmed, you will be refunded in full. In both scenarios you may be contacted by EET to notify you that your order has been canceled, and any available options you may have.
6.11 We will notify you, using the contact information provided, if your credit card expires, is declined, or is otherwise not capable of effecting payment, or if alternative payment is not received. If we do not receive updated credit card or other payment information, as applicable, within ten (10) days after notice to you, your Purchase will be deemed cancelled and any prior payments will be forfeited and you shall pay any and all costs and expenses incurred by EET in enforcing any term of, or collecting under, this Policy, including reasonable attorney fees, collection fees, and related expenses. On all amounts not paid when due, you shall also be charged interest thereon, which shall accrue at the maximum rate allowable by Law and be payable to EET.
7.1 EET shall not be obligated to provide you with your Deliverables (or any element thereof) until EET receives the full and timely payment of the total cost owed for your Purchase. EET is not responsible for lost, stolen, or destroyed Deliverables.
7.2 Ticket type and delivery are determined by the venue or Event organizer and are not under the control of EET. Ticket formats include but are not limited to physical paper or badge, wrist band, electronic print-at-home PDF, electronic mobile only (which may require the installation of an app), or associated with a credit, debit, or gift card, etc. You agree to accept the Ticket type issued, and you agree that it is your sole responsibility to ensure that you are able to use the Ticket to gain entry into the Event. EET shall not be responsible for assisting you in locating, accessing, or using your Ticket after such Ticket has been transferred to you. Tickets are typically delivered to you as soon as possible. In some cases, deliveries are not made until the week of the Event and, occasionally, as late as the day of the Event. While EET agrees make its best reasonable efforts to deliver the Tickets to you prior to the start of the Event, EET does not guarantee that it will be able to do so. In the event you do not receive the Tickets before the start of the Event, please contact EET using the contact information provided in Section 21 herein.
8. EET EVENT PARKING
In the event that any element of your Purchase includes either: (a) the right to park your automobile on EET property; or (b) a valet service related to any EET sponsored Event, EET shall not be held liable for any loss, damage, or theft of your vehicle and/or any personal belongings located therein. While EET agrees to take all reasonable care with regard to your vehicle, EET shall not be held liable for any claim by you or any other person, whether for loss or damage to you or any other person or to your vehicle or any other vehicle. EET shall also not be liable for any loss or damage to any article left in our custody or control. EET employees are not authorized to accept any of your possessions for safe keeping except for the keys to your vehicle, where possession is taken at our request.
9. SEARCH AND EJECTION
We reserve the right to refuse admission or to eject any person from any Event, hotel, or other element of your Purchase under the control of EET, and/or to withdraw or refuse to begin services or provide Deliverables, to any person who fails to comply with this Policy, the rules of an applicable third party, any applicable local, state, or federal law, ordinance, statute or regulation (collectively “Laws”), or whose conduct is deemed by us or an applicable third party to be disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, intoxicated, or out of compliance with this Policy or the applicable third party’s terms, conditions, rules, or policies.
Should you or your party be ejected from an Event and the ejection results in the loss of the original holder’s right to purchase or use any future Tickets at the Event or venue, you shall be held liable for all reasonable costs and expenses associated with such original holder’s loss, including but not limited to all direct, indirect, vicarious, consequential, exemplary, incidental, special, punitive, or other damages.
You understand that you may be searched upon entry to, or otherwise in connection with your attendance at, any Event. You hereby consent to and waive any claim based on such searches. If you do not consent to such searches, you may be denied access to, or removed from, the Event without refund.
10. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
ALL PURCHASES, DELIVERABLES, AND/OR SERVICES PROVIDED BY EET ARE PROVIDED “AS IS”, RAIN OR SHINE, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS OTHERWISE STATED HEREIN. EXCEPT AS STATED HEREIN, EET EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR 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.
10.1 You hereby represent and warrant that you: (a) will not violate any applicable Laws in connection with the Event and/or activities corresponding to your Purchase; (b) are of sufficient legal age and authority to make a Purchase, 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) are an authorized user of the payment method used to make your Purchase; (d) shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by EET and/or any applicable third party; and (e) will not attempt to charge back your Purchase with your bank or credit card company, if applicable.
10.2 Attendees of the Event may be subjected to extremely loud music and sounds or other special effects, including, without limitation, flashing lights, rapidly changing or alternating images, the use of smoke machines, laser projections, and fireworks. You acknowledge and agree that by purchasing a Ticket to an Event, attending the Event, and/or using any corresponding aspect of your Purchase, you may be engaging in activities that may involve risk of serious injury, including hearing loss, seizures, permanent disability, death, as well as other losses. Women who are pregnant and/or individuals who suffer from certain health conditions, including seizures, light or sound sensitivity, or any other health condition that could be aggravated by these activities, should reconsider attending the Event, as such special effects may cause serious health conditions.
IF AN EVENT LOCATION IS OUTSIDE OF THE UNITED STATES, PLEASE ENSURE YOU HAVE A VALID PASSPORT PRIOR TO MAKING A PURCHASE, AS NO REFUNDS WILL BE AVAILABLE IF YOU ARE UNABLE TO TRAVEL.
11.1 EET DOES NOT SELL TRAVEL INSURANCE. EET IS AT ALL TIMES INDEPENDENT FROM, AND NOT AFFILIATED WITH, ANY THIRD-PARTY INSURANCE PROVIDER. If travel insurance is available to you, it is recommended that you consider purchasing travel insurance to protect against certain losses and financial risks that can occur while travelling. Travel insurance is not included in the cost of your Purchase, unless specifically noted otherwise. However, if available, you are entitled and encouraged to purchase travel insurance through a reputable third-party provider at your sole additional cost. Employees of EET are not authorized to answer questions about benefits, exclusions, or conditions of any insurance offered, nor evaluate the adequacy of the prospective insured’s existing coverage
11.2 Travel to certain destinations may involve certain risks and may require additional documentation prior to your arrival. BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, EET DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS ARE ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. YOUR PARTICIPATION CONSTITUTES YOUR ACCEPTANCE OF SUCH RISK.
EET urges customers to stay informed with current events, as well as to review travel requirements, prohibitions, warnings, announcements, and advisories issued by the United States Government and the government of your international destination prior to booking travel to such international destination. The Smart Traveler Enrollment Program is a free service provided by the United States Government to its citizens who are traveling to, or living in, a foreign country so that the Department of State can better assist you in the event of an emergency. Registration is recommended and available by going to https://step.state.gov/step/
11.3 Unless otherwise identified at the time of Purchase, complete payment is due prior to departure according to each applicable third-party provider’s (such as airlines, hotels, cruise lines, transfer companies, sightseeing operators, and other travel service vendors) terms and conditions related your travel. If complete payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. If you cancel your Purchase, EET’s and any third-party supplier’s cancellation policies will apply. Any applicable cancellation fees will be charged to the credit card you authorized for your Purchase.
11.4 It is your responsibility to review and verify the accuracy and completeness of all travel information received from EET. Unless specifically stated, airline reservations are not included in your Purchase. If you are purchasing hotel accommodations, certain hotels have minimum age requirements; please pay attention to such requirements prior to making your Purchase, as no refunds will be available for failing to comply therewith.
It is your responsibility to make appropriate transportation arrangements to and from the destination where the travel booking originates and returns. EET shall not be responsible for any such transportation or any schedule changes thereto.
If you wish to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings are not able to be changed. Administrative charges of $25 or more per change/per person may be assessed depending upon the circumstances of the request. All changes must be requested in writing to EET at the address provided in Section 21 herein.
12. THIRD PARTIES
ALL THIRD PARTIES ARE NEITHER AGENTS NOR EMPLOYEES OF EET. EET IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, BREACHES, OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
In connection with an Event, we may provide additional information about travel locations, tours, services, transportation, hotel accommodations, currency, schedules, or additional entertainment, amenities, or items of potential interest. Much of this information is supplied to us by third parties (e.g., hotels, resorts, transportation companies, artists, etc.), and we are not responsible for verifying the accuracy or completeness of such information. Some aspects of your Purchase may be provided by third parties, subject to their own terms and conditions which may limit their liability to you. You understand that violating any such terms and conditions may result in cancellation of your reservation, you being denied access to such aspect of your Purchase, in your forfeiting any monies paid for such amenity, and/or in repayment of any costs we incur as a result. Your interaction with any third party is solely between you and such third party and at your own risk.
Some hotels, resorts, or other third parties may require you to present a credit card or a cash deposit upon check-in. Such deposit is unrelated to any payment received by EET for your hotel booking or other transaction. 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.
13. CLAIMS PROCESS
EXCEPT AS PROVIDED BELOW OR OTHERWISE HEREIN, THERE ARE NO EXCHANGES OR REFUNDS OF DELIVERABLES ALLOWED.
In the event you are denied entry into an Event due to errors with any Tickets purchased from EET, you must attempt to contact EET immediately at 404-467-0227, in the presence of a venue representative who can detail the circumstances of such denial. If you are unable to reach EET by phone you must make a claim within five (5) business days after the Event by submitting to EET written documentation, together with contact information for a representative of the venue, indicating that the Tickets were unusable before EET will investigate the claim. EET may take up to thirty (30) days to adjudicate to your claim. While no refunds are guaranteed, a refund will only be considered if the Tickets are confirmed to be invalid by EET, and not due to any failure on the part of the venue, or due to your acts or omissions.
14. PUBLICITY RELEASE; INFORMATION SHARING
15. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER EET NOR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, LICENSORS, PARTNERS, SUBSIDIARIES, ASSIGNS, ADVERTISERS, SERVICE PROVIDERS, SPONSORS, SUPPLIERS, AGENTS, OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (WHETHER DIRECT OR INDIRECT, AND WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE) ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (A) YOUR USE OR INABILITY TO USE THE EET TICKETING WEBSITE OR ANY SERVICES OFFERED; (B) THE USE OF ANY SERVICES WE PROVIDE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATED TO YOUR PURCHASE; OR (D) ANY OTHER MATTER RELATING TO THE EET TICKETING WEBSITE OR ANY SERVICES OFFERED. IF THIS SECTION IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO APPLICABLE LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID FOR YOUR PURCHASE, LESS ANY APPLICABLE TAXES OR FEES THEREON.
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 Purchase with EET and/or use of any Ticketing Website; (b) your violation or breach, or alleged violation or breach, of this Policy, including any representations, warranties, terms, conditions, covenants, acknowledgments, and agreements herein; and/or (c) your attendance at or in connection with the Event, including any actions or omissions by you. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
17. DISPUTES; ARBITRATION; CLASS ACTION WAIVER
EET, on the one hand, and you on the other hand, agree that any and all disputes, controversies, or claims arising out of or relating to: (a) this Policy; or (b) any Purchases made through EET (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration in Atlanta, Georgia, rather than in court. SPECIFICALLY, YOU HEREBY AGREE TO WAIVE ALL RIGHTS AND CLAIMS TO A TRIAL BY JURY. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. Prior to commencing any arbitration pursuant to this arbitration provision, you agree that if you have a Dispute with EET, you must first contact us at the phone number identified in Section 21 herein. If we are unable to achieve a satisfactory resolution, then you must notify us about your Dispute in writing, which notice should include a sufficient description of the Dispute and be sent by certified mail to the address identified in Section 21 herein. It is important that you provide as much information about your Dispute as possible. One of our representatives will respond within sixty (60) days of receiving such written notice. If the Dispute is not resolved to your satisfaction within ninety (90) days of sending your written notice of a Dispute, then you agree to arbitration pursuant to the rules of JAMS. The JAMS rules are available at www.jamsadr.com.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute including, but not limited to, any claim that all or any part of this arbitration provision, or this Policy, are void or voidable. The arbitrator will decide the substance of all Disputes in accordance with the laws of the State of Georgia. The arbitrator’s award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in a court having jurisdiction thereof.
EET, ON THE ONE HAND, AND YOU ON THE OTHER HAND, AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, UNLESS BOTH PARTIES ACKNOWLEDGE AND AGREE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON SEVERABLE FROM THIS ARBITRATION PROVISION. IF SUCH WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN THIS ARBITRATION PROVISION SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, OR DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S CLAIMS.
Payment of all filing, administration, and arbitrator fees will be governed by JAMS rules, unless otherwise stated in this arbitration provision. UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA LICENSEES 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.
18. GOVERNING LAW
This Policy, and any Purchases from EET will be governed by the laws of the State of Georgia, without reference to its conflict of law provisions.
19. FORCE MAJEURE
We shall not be held liable to you or any other third party under this Policy due to our inability to perform our obligations by reason of any fire, earthquake, rain, flood, substantial snowstorm or other weather event, epidemic, pandemic, accident, explosion, casualty, strike, lockout, work stoppage, labor controversy, riot, civil disturbance, travel restrictions, act of public enemy, terrorism, cyber-terrorism, embargo, war, act of God, or any applicable Laws, or any executive, administrative, or judicial orders, or any failure or delay of any transportation, power, or communications system, or any other similar causes or conditions beyond the reasonably foreseeable control of EET (each, a “Force Majeure”). Delay in our performance of any obligations relating to your Purchase due to the occurrence of a Force Majeure shall not constitute a breach of this Policy or grounds for cancellation or termination of your Purchase. For the avoidance of doubt, EET shall not issue any refunds or exchanges for any Events due to the postponement, relocation, restriction, or limitation of access to such Event due to the occurrence of a Force Majeure. Notwithstanding the foregoing, we shall be permitted to cancel your Purchase, with or without notice to you, in the event that either party is unable to complete performance hereunder prior to the Event due to the occurrence of a Force Majeure.
Due to uncertainty related to the COVID-19 pandemic, your Tickets and admission to the Event are subject to all applicable safety and health policies of the venue, Event organizer, or other applicable third party. You acknowledge that due to the evolving nature of the pandemic, the venue, Event organizer, or other applicable third party may continue to develop and update their policies up until the time of the Event. By using the Tickets, you understand that your attendance at the Event is conditioned on your compliance with such policies, and you agree to comply with such policies. You agree EET is not liable for the injury or death of you or any user of the Deliverables for entering a venue or attending the Event if such injury or death results from the inherent risks of contracting COVID-19. You assume all such risk by entering the venue and attending the Event.
Any notice or any other communication to EET pursuant to this Policy, or any other applicable documents or information, shall be delivered or contacted as follows:
Empire Entertainment and Travel, Inc.
3 West Paces Ferry Road, NW, STE 203
Atlanta, Georgia 30319
The headings and titles of the sections of this Policy are not part of this Policy but are set forth for convenience only and are not intended to define, limit, or construe the content of the various sections herein. 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 ventures or partners for any purpose. This Policy constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and communications, whether oral or written, with respect thereto. You may not assign, delegate or transfer your rights, if any, or obligations under this Policy. EET 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 of this Policy represent the entire understanding and agreement between you and EET relating to the 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 EET. In the event that any provision of this Policy shall be held invalid or unenforceable by a court of competent jurisdiction or by any future legislative or administrative action, such holding, or action shall not negate the validity or enforceability of any other provision hereof. Any waiver of any provision of this Policy must be in writing signed by EET 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.