- Transaction Information; Revocable License; Refusal of Admission.
ALL SALES ARE ABSOLUTELY FINAL AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. Without limiting the foregoing, any and all documents issued to you are non–transferable, and may NOT be used for advertising, promotions, contests, sweepstakes or any commercial purpose, without the express written permission of FB. Such documents may include but are not limited to, concert tickets, VIP passes, Shuttle Passes, airline tickets, hotel vouchers, tour vouchers, or any other document used to confirm an arrangement with us or a Third Party. Such documents may also be subject to conditions such as, but not limited to, being non–refundable, non–date–changeable and subject to cancellation or amendment fees. It is your responsibility to familiarize yourself with these terms and conditions. Resale and/or transfer of such documents is prohibited and any such resale and/or transfer is void to the maximum extent allowed by applicable laws. Any such unauthorized resale and/or transfer may result in cancellation of the document and/or refusal of entry to the holder hereof without refund. Tickets/documents not obtained directly from the primary seller (i.e., management of the event and/or FB) may be lost, stolen, counterfeit or invalid and will be void and holder assumes all risks of purchasing a ticket other than directly from the primary seller (i.e., management of the event and/or FB), including being excluded from the event without refund. In the event that prohibition on resale and/or transfer of the ticket is prohibited by applicable laws, maximum resale restrictions may apply. Reproduction or counterfeiting of this ticket is prohibited.
The details of the prices, hotels, packages, tours, concerts, artists, events and other information displayed on the FB Website or a Third Party’s website are subject to change without notice. If the correct price of an item sold by us is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The goods, products and services described on the FB Website are subject to availability. Any package, ticket or other good, product or service purchased from FB and/or via the FB Website is a revocable license for the applicable period. Once you have commenced use of any FB product and/or service, or any portion thereof, FB 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 services or provide goods to any person, who fails to comply with this Policy, the rules of an applicable Third Party, and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by FB 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”). Notwithstanding the foregoing, if FB determines, in its sole and absolute discretion, that prior to your use and/or purchase of any FB product and/or service, you engage in or are reasonably likely to engage in any Removal Behavior, FB shall have the right to refund to you any monies paid from you to FB related to the product and/or service in question and, without any other compensation to you, cancel all of your purchases made from FB and/or via the FB Website (including purchases made for others) and/or refuse to begin any applicable services or provide any applicable goods. In addition, FB reserves the right to refuse to complete a transaction, refuse service, and/or cancel an order for reasons such as suspected credit card fraud, violation of the terms of the Purchase Policy, ticket limits, or any other reason deemed necessary by FB.
2. Refunds and Exchanges
ALL SALES, PURCHASES, AND PARTIAL PURCHASES UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. IF YOU FAIL, FOR ANY REASON, TO MAKE A PAYMENT, YOU MAY VOID YOUR TICKET AND YOU WILL NOT RECEIVE A REFUND.
Before purchasing tickets, carefully review your event and your selections. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Upon purchase, you agree that the credit card that you have on file with us will be charged. If you have made a purchase as part of a Payment Plan, 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 our ticketing vendor will give you notice to the email you provided and a period of 10 days to effect the payment. If we do not receive payment within such period, this Agreement will be deemed to be cancelled and all prior amounts will be forfeited. There are no additional fees or charges for a Payment Plan. Once your Initial Down Payment is received the price of the Purchased Items will not change. The Purchased Items will be set aside and held until the Final Payment made. You may pay the remaining balance at any time prior to the Final Payment. Without limiting the generality of the foregoing, you will not seek a “chargeback” from the company whose credit card you used to purchase tickets. Should you do so, your tickets may be canceled, and we may, in our sole discretion, refuse to honor pending and future ticket purchases.
- Third Parties.
The FB Website and other FB documents display information about events, concerts, artists, travel locations, dates, tours, rates, services, packages, transportation, hotel accommodations, currency, schedules, travel companies, various forms of entertainment and many other things and amenities. Much of this information is supplied to us by Third Parties and we cannot check the accuracy of such information. Many of the goods and/or services which make up your purchase are provided by Third Parties in accordance with their own terms and conditions which may limit or exclude such Third Party’s liability to you. You understand that any violation of any Third Party’s terms and conditions may result in cancellation of your reservation, in your being denied access to the applicable travel/event product or services, in your forfeiting any monies paid for such reservation/event, and/or in our debiting your account for any costs we incur as a result of such violation. FB’s display of product options offered by Third Parties does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of such Third Party or its goods or services by FB. You agree that FB is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Third Parties. YOUR INTERACTION WITH ANY THIRD PARTY ACCESSED THROUGH THE FB WEBSITE OR OTHERWISE IN CONNECTION WITH A FB OFFERING IS AT YOUR OWN RISK, AND FB WILL HAVE NO LIABILITY WITH RESPECT TO THE ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE, GOODS, SERVICES, PERSONNEL AND/OR FACILITIES 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. WE ACCEPT NO RESPONSIBILITY FOR INFORMATION SUPPLIED TO US BY THIRD PARTIES AND WE RECOMMEND YOU CONFIRM ALL INFORMATION CONTAINED ON OR LINKED FROM THE FB WEBSITE WITH THE APPLICABLE THIRD PARTY. IF APPLICABLE, HOTEL INFORMATION PROVIDED VIA FB (INCLUDING, WITHOUT LIMITATION, RATINGS, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, AND DESCRIPTIONS OF PROPERTY) ARE PROVIDED BY THE RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS. THIS HOTEL INFORMATION ARE GENERAL GUIDELINES AND WE CANNOT GUARANTEE THEIR ACCURACY. THEY ARE TO BE USED AS A GENERAL GUIDE AND THE RATINGS AND HOTEL INFORMATION MAY BE AMENDED PERIODICALLY BY THE RESPECTIVE SUPPLIERS TO KEEP CURRENT. If for any reason, any Third Party cancels or is otherwise unable to provide the goods and/or services that are included in a FB offering that you have purchased, in whole or in part, your remedy, if any, lies against that Third Party, and not against FB. In the event we received payment by credit or debit card, you agree that you will not seek to chargeback or recover your payment or any other losses from us.
- Third Party Rules and Restrictions; Age Limits.
ADDITIONAL THIRD PARTY TERMS AND CONDITIONS MAY APPLY TO YOUR PURCHASE, TRANSACTION, OR RESERVATION. Please read these additional terms and conditions carefully. In connection your purchase, we might display information about services, packages, transportation, hotel accommodations, and many other things and amenities. Much of this information is supplied to us by third parties (e.g., hotels, resorts, transportation companies, artists, concessionaries). 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. 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.
IF APPLICABLE, HOTEL/RESORT INFORMATION PROVIDED BY US (INCLUDING, WITHOUT LIMITATION, RATINGS, PHOTOGRAPHS, LIST OF HOTEL/RESORT AMENITIES, AND DESCRIPTIONS OF PROPERTY) ARE PROVIDED BY THE RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS. THIS HOTEL/RESORT INFORMATION ARE GENERAL GUIDELINES AND WE CANNOT GUARANTEE THEIR ACCURACY. THEY ARE TO BE USED AS A GENERAL GUIDE AND THE RATINGS AND HOTEL INFORMATION MAY BE AMENDED PERIODICALLY BY THE RESPECTIVE SUPPLIERS TO KEEP CURRENT.
Some hotels 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 FB 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. You understand that any violation of any such Third Party’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable event, product or service, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
PLEASE BE AWARE THAT CERTAIN EVENTS AND/OR OFFERINGS HAVE AGE LIMITS. PLEASE PAY ATTENTION TO ALL DETAILS OF THE RESPECTIVE GOOD AND/OR SERVICE YOU ARE PURCHASING, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLY PURCHASED ITEMS.
- Third Party Items; Cancellations, Postponements and Refunds.
FB’s packages and other goods, products and services often include tickets, passes, amenities, merchandise, reservations, experiences and other goods, products, services and items offered, controlled and provided by Third Parties (collectively, “Third Party Items”). For all Third Party Items, FB acts solely as a third party intermediary between you and various Third Parties who are promoting, producing or otherwise providing or making available the events, amenities, or other goods, products or services for which you purchase tickets, passes, reservations or other means of entry and/or access. FB provides such Third Party Items on behalf of such Third Parties, which means FB does not usually set the base room rates or other prices or determine details like times and seating locations, except under certain expressly provided circumstances. Such Third Party Items may be subject to a per-item convenience charge and a non-refundable per order processing fee. In many cases, delivery prices, facility fees and/or ticketing charges will also be owed by you in connection with such Third Party Items.
UNFORTUNATELY, ON OCCASION CONCERTS OR OTHER EVENTS ARE CANCELLED, IN WHOLE OR IN PART, RAINED OUT, POSTPONED OR RESCHEDULED OR CERTAIN AMENITIES, ARTISTS, PERFORMERS OR OTHER PARTIES OR ASPECTS OF WHATEVER GOOD, PRODUCT AND/OR SERVICE APPLICABLE TO YOUR TRANSACTION MAY BE CANCELLED OR ALTERED FOR ANY OR NO REASON. SHOULD THIS OCCUR, WE MAY ATTEMPT TO CONTACT YOU REGARDING APPLICABLE PROCEDURES, BUT IT IS ULTIMATELY YOUR RESPONSIBILITY TO CONTACT THE APPROPRIATE THIRD PARTY FOR EXACT INSTRUCTIONS, AND FB SHALL NOT BE LIABLE FOR ANY SUCH CANCELLATIONS, RAIN OUTS, POSTPONEMENTS, RESCHEDULES OR ANY OTHER CHANGES TO THE GOOD, PRODUCT AND/OR SERVICE IN CONNECTION WITH YOUR TRANSACTION, AND YOUR SOLE REMEDY SHALL BE WITH THE APPLICABLE THIRD PARTY. WITHOUT LIMITING THE FOREGOING, IF A THIRD PARTY EVENT IS CANCELLED, IN WHOLE OR IN PART, RAINED OUT, POSTPONED OR RESCHEDULED, AND TICKETS/PASSES TO SUCH EVENT WERE INCLUDED IN A TRAVEL PACKAGE OR OTHER GOOD/SERVICE PURCHASED BY YOU FROM FB, THEN FB WILL MAKE REASONABLE EFFORTS TO CAUSE THE APPLICABLE THIRD PARTY TO ISSUE A REFUND FOR THE VALUE OF SUCH TICKETS/PASSES IF POSSIBLE, HOWEVER, NEITHER FB NOR ANY APPLICABLE THIRD PARTY HOTEL, RESORT OR OTHER FACILITY WILL BE OBLIGATED TO ISSUE YOU A REFUND FOR THE HOTEL/RESORT/ACCOMMODATION/TRAVEL PORTION, OR ANY OTHER ASPECT, OF YOUR PURCHASE. WITHOUT LIMITING ANYTHING SET FORTH HEREIN OR ANY OTHER RIGHTS OF FB, IF THE ELEMENT, AMENITY OR OFFERING IS CONTROLLED SOLELY AND DIRECTLY BY FB, THEN, EXCEPT AS REQUIRED OR SUGGESTED BY APPLICABLE AUTHORITY OR LAW, WE HAVE THE SOLE AND ABSOLUTE DISCRETION IN MAKING THE FINAL DETERMINATION OF CANCELLATION, DISCONTINUATION, POSTPONEMENT, RESCHEDULING AND/OR REFUND AVAILABILITY.
- Order Confirmation.
If you do not receive a confirmation number (in the form of a confirmation web page or e-mail) after submitting payment information, or if you receive an error message or service interruption after submitting payment information, it is your responsibility to confirm with FB, the ticketing company or other appropriate Third Party whether or not your order has been placed and transaction was a success. Most likely, you will be the only one aware of any problems that occur during the purchase process, so it is on you to solve them. FB will not be responsible or liable for any losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
- Additional Representations and Warranties.
YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE. IF YOU ARE NOT AT LEAST THIRTEEN (13) YEARS OF AGE, PLEASE DO NOT PROVIDE US WITH ANY INFORMATION ABOUT YOURSELF, DO NOT PURCHASE ANY FB-RELATED GOOD, EVENT AND/OR SERVICE, AND DO NOT ENTER INTO ANY FB-RELATED TRANSACTION.
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(s) and/or activities corresponding to your transactions with FB, a Third Party and/or via the FB Website; (b) you are of sufficient legal age and authority to enter into any transaction with FB, the applicable Third Party and/or via the FB Website, as well as to participate in the corresponding event or activity, and 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 FB and/or via the FB Website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by 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 via FB and/or the FB Website; and (f) you will not attempt to charge back your purchase with your bank or credit card company or any other applicable third party.
ALL THIRD PARTY ITEMS AND FB PRODUCTS, GOODS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FB EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, HABITABILITY, 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 FB product, good and/or service and/or attending a corresponding event and/or using any corresponding Third Party Item or other 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 and spectators at a corresponding event; (b) conditions of any premises or equipment used; (c) temperature and/or weather; (d) condition of other participants or guests; (e) vehicular traffic; and (f) other risks that are not known or foreseeable at this time.
LOUD MUSIC AND SPECIAL EFFECTS WARNING: Attendees of the FB-related or other Third Party events may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, 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 any 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 FB. FB 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. FB HAS NO LIABILITY AND WILL MAKE NO REFUND 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, NEITHER FB NOR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) WILL BE LIABLE FOR, AND YOU HEREBY RELEASE THE RELEASEES FROM AND AGREE NOT TO SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS, PACKAGES, AMENITIES, EVENT EXPERIENCES, FACILITIES OR OTHER PRODUCTS, GOODS AND/OR SERVICES OFFERED BY FB, A THIRD PARTY AND/OR THROUGH THE FB WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF FB 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 FB FOR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES.
- Suitability of Products and Services.
We do not represent that any products and/or services offered by FB or any Third Party will be suitable for you. Without limiting anything else set forth in this Policy, you release FB from any claims in relation to the products and/or services described on the FB Website, including, but not limited to, claims that the products and/or services, including Third Party Items, are not suitable. Third Parties are independent parties over which we have no control. The information and description given about the Third Parties and their products and/or services are based on our inquiries and are believed to be accurate, but we cannot guarantee in respect thereof.
- Publicity Release.
By making any FB-affiliated transaction contemplated by this Policy and/or attending any FB-related event, you (and your parent or legal guardian, if you are a minor) hereby irrevocably grant to FB and its 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 future FB-affiliated events, and hereby release FB and its designees, successors, assigns and licensees from any liability with respect thereto.
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, related to or in connection with (a) your use of the FB Websites, (b) any of your actions and omissions, including, without limitation, your negligence and intentional misconduct, in connection with your attendance at any FB-affiliated event, your use or misuse of any FB or Third Party good and/or service, and/or any other relationship of yours or interaction with FB and/or any applicable Third Party, and/or (c) your violation or breach, or alleged violation or breach, of this Policy, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein.
- Search, Ejection and Termination.
You and your belongings may be searched upon entry to, or otherwise in connection with your attendance at, any event or premises in connection with your transaction with FB, a Third Party and/or via the FB Website. 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 the corresponding good, product and/or service 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, cameras, recording devices, laser pointers, strobe lights, irritants, and various forms of containers. Breach of this Policy or any applicable Third Party’s terms, conditions, rules or policies will terminate your license to attend the corresponding event or activity or otherwise enjoy the applicable good, product and/or service, without refund or other compensation.
Many of the problems for which FB cannot be held responsible for can be insured against. FB recommends that you take out insurance to provide adequate cover for medical expenses, personal accident, and curtailment or cancellation of your trip. Please note that there are exclusions to coverage of insurance. It is your responsibility to be familiar with the insurance coverage you purchase and ensure that the coverage meets your needs.
- Additional Documents.
Depending on what you purchase from FB, you (and your guests or other members of your party) may be required to read and sign additional documents, for example, without limitation, a sublessee agreement 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 FB 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 FB 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 FB reasonably requires a response in less time due to exigencies), then in such event, you hereby nominate, constitute and appoint FB and FB shall therefore be deemed to be your true and lawful attorney-in-fact irrevocably, to, at FB’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 FB elects not to execute such documents on your behalf, then FB 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.
- Governing Law, Disputes, Including Mandatory Arbitration and Class Action Waiver
Any dispute or claim relating in any way to the products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply;
- In the event that the arbitration agreement in this Policy is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within New York City, New York, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in this Policy is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of this Policy. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow this Policy as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Future Beat, LLC, 805 Third Avenue, 31st Floor, New York, NY, 10022, Attn: Legal. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in New York City, New York. In the event that the location of the Arbitration (New York City, 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.
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. BY MAKING YOUR PURCHASE, 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 our dispute. If any provision of this Purchase Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Purchase Policy and shall not affect the validity and enforceability of any remaining provisions.
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. FB 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 FB 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 FB. Any waiver of any provision of these terms must be in writing signed by FB 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: February 13, 2020