Last Updated: August 13, 2020
We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.
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 COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the event, however caused or contracted, and voluntarily waive all claims and potential claims against Ticketmaster, Live Nation, Event Providers, and their affiliated companies relating to such risks.
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 the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.
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 exposure to COVID-19, a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), whether occurring before, during, or after the event, however caused or contracted, and hereby waives all claims and potential claims against Ticketmaster, Live Nation, and Event Providers relating to such risks.
You will be required to register for an account to use the Site. 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 or password. You may not use another user’s account without that 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 your 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.
Code of Conduct
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, 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;
Ownership of Content and Grant of Conditional License
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 reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the “Content”) are owned by us, Dallas Mavericks 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-sublicensable license to view this Site and its Content as permitted by these Terms 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 home page 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 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 navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators 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 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;
- 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.
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, Dallas Mavericks or our licensors. You may not use our or Dallas Mavericks trademarks, logos and service marks in any way without our prior written permission.
Access from Outside the United States
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.
The Advanced Services offer you the ability to purchase tickets from individuals and businesses that hold tickets purchased from Dallas Mavericks. These individuals and businesses are the sellers of the tickets, not us or Dallas Mavericks. Although we or Dallas Mavericks may process your payment, or may be the name that you see on your credit card statement, neither we nor Dallas Mavericks is the seller of the ticket. When you purchase a ticket from a third party via the Advanced Services, the original ticket will automatically be cancelled and invalidated, your credit card will be charged the ticket price and all applicable fees, and you will be issued a new ticket. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law or otherwise permitted by Dallas Mavericks.
Dallas Mavericks may require you to pay a fee, to be a season ticket holder, to be on the waiting list to be a season ticket holder or to comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. We and Dallas Mavericks make no warranty or guarantee about the quantity or quality of tickets that will be available for purchase if you pay such a fee, are a season ticket holder, are on the waiting list to be a season ticket holder or comply with registration or other requirements. Please see Dallas Mavericks website for further restrictions.
Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, we will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your tickets to another customer without further notice.
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Seat views displayed on the Site may not be an exact representation.
Opening acts or guests may sometimes tour with headlining performers. We are not always made aware of opening acts or the length of their performances. Opening acts, as well as festival performers, are subject to change or cancellation at any time without notice. No refund will be owed if an opening act or festival performer is changed or canceled.
You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by its clients, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets may be canceled, and we may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
If we issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the ticket price paid and all service fees. In no event will delivery charges or any other amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.
Dallas Mavericks reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Dallas Mavericks rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.
You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us and the Event Provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
We are not responsible for providing transportation or reimbursement of travel-related expenses under any circumstances unless those items are specifically included as part of a package. We are not responsible for any delay causing you to arrive late or miss your event for any reason. If our actions result in you missing your event, we will not be liable for more than your total purchase price. We are not responsible for the conditions or the actions of the crowd at any event or for any changes made at the venue including without limitation seating arrangements, stage set-up or venue conditions.
Balls, pucks, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change.
You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws.
Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.
Posting Tickets for Sale
If you use the Advanced Services to sell a ticket, you will be the ticket’s seller, not us or Dallas Mavericks. We and Dallas Mavericks are only providing certain services that will facilitate your sale. Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws, rules and regulations when listing your tickets on any resale platform owned or controlled by us.
Before posting a ticket for sale via the Advanced Services, please consult the website through which you will be posting your ticket for sale, which detail the prices at which you may post tickets for sale via the Advanced Services, the amounts that will be deducted, retained or charged from or over the sale price, the amounts that will be credited or remitted to you, the method by which you will receive such credit or remission and other terms applicable to the posting, sale and funds collection, retention, deduction and payment or crediting processes. Once a ticket has been ordered by a potential purchaser, you will not be able to modify or cancel your posting of that ticket, or to stop that ticket’s sale, even though title to that ticket may not pass to the purchaser until a later time. We or Dallas Mavericks will collect funds from the purchaser, and Dallas Mavericks will transmit to you a credit or payment as described elsewhere in these Terms.
By posting a ticket using the Advanced Services, you authorize us and Dallas Mavericks, upon purchase of the ticket by another person through the Advanced Services, to cancel and invalidate your right to use or convey the ticket, and you acknowledge that the posted ticket will thereafter be invalid for entry to the applicable event by you or anyone other than the person who acquires that ticket via the Advanced Services (or any person lawfully receiving the ticket from such acquirer). Dallas Mavericks will be responsible for all payments and credits to you, you will solely hold Dallas Mavericks responsible for such payment or credit and neither we nor any other person or organization will be liable therefor.
Please note that not all members of the public may be able to purchase, or view listings for, tickets that you post for sale, as Dallas Mavericks may require potential purchasers to pay a fee, be a season ticket holder, be on the waiting list to be a season ticket holder or comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. You will not be entitled to receive any part of any payment made in connection with having access to ticket listings or ticket purchase capabilities, or in connection with wait list or season ticket holder status.
You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use or take any action that directly or indirectly allows to be cancelled or invalidated: (a) any ticket before or during any time that it is posted for sale via the Advanced Services, (b) any sold, forwarded or otherwise cancelled or invalidated tickets, or (c) any ticket that you have already sold, conveyed, forwarded or otherwise distributed to another.
If an event for which you sell a ticket via the Advanced Services is cancelled, then you will be obligated to return, within five days of notice by Dallas Mavericks, the difference between the amount of payments you collected in connection with such sale and the amount of money that Dallas Mavericks would have refunded to you had you still been the holder of (i.e., as if you had not yet sold) such ticket when the event was cancelled. In such a case, if you did not receive a payment from Dallas Mavericks but instead received a credit, then the credit will be reduced so that it instead equals the amount of money that Dallas Mavericks would have refunded to you had you still been the holder of such ticket when the event was cancelled. If an event for which you sell a ticket via the Advanced Services is postponed and the purchaser of such ticket is given a refund of the amount that that purchaser has paid, then you will be obligated to return, within five days of notice by Dallas Mavericks, all of the payments you collected in connection with such sale, but Dallas Mavericks will return the ticket to you that you sold so that you can then use it to attend the event. In such a case, if you did not receive a payment from Dallas Mavericks but instead received a credit, then the credit will be entirely reversed (so that you will no longer have a credit), but Dallas Mavericks will return the ticket to you that you sold so that you can then use it to attend the event. Any failure by you to pay any amounts owed under this paragraph within such five days will constitute a material breach of these Terms.
The following applies only to resale tickets to Illinois events: If you purchase resale tickets to an event located in Illinois, you will receive a refund of the amount you paid for that resale ticket if (a) the ticketed event is canceled (in which case you will not receive a refund of any delivery fees), (b) that ticket does not allow you to enter the ticketed event for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been canceled by the issuer due to non-payment, unless the ticket is canceled due to an act or omission by you, (c) that ticket fails to conform to its listing description, or (d) you failed to receive that ticket.
The following applies only to resale tickets to New York events: If you purchase a resale ticket to an event located in New York, you will receive a refund of the amount you paid for that resale ticket if: (a) the ticketed event is canceled (in which case you will not receive a refund of any order processing and delivery fees); (b) that ticket does not allow you to enter the ticketed event, unless the ticket is canceled due to an act or omission by you; or (c) that ticket fails to conform to its listing description unless you have pre-approved a substitution of tickets.
Other Purchases and Services
You may be able to access Advanced Services to:
- purchase or renew season tickets
- register for season ticket waiting lists
- purchase rights of refusal for post season event tickets
- purchase additional suite seats
- purchase parking
- purchase ticket packages or single event tickets
- pay ticket or waiting list deposits
- engage in other activities
If you elect to engage in any such transaction, then additional terms may apply. Please consult Dallas Mavericks for additional terms and requirements.
Dallas Mavericks may allow a designated person (“Group Manager”) to distribute group tickets. If you are in the group ticket distribution, the Group Manager will send you an email to retrieve print-at-home tickets. You will be responsible for printing out and using your tickets. Either you or the Group Manager will be responsible for paying for the tickets, as applicable. If the Group Manager pays for a ticket, then the Group Manager may cancel ticket distribution at any time, even after you have already retreived your ticket, in which case you will not be able to use it to attend the event. If you are responsible for paying for a ticket, then the Group Manager may only cancel ticket distribution before you pay for the ticket; once you pay for a ticket the Group Manager will not be able to cancel it. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law or otherwise permitted by Dallas Mavericks.
Season Ticket Forwarding
The Advanced Services may permit you to forward your season tickets to another person. You can send an email invitation with a link to transfer your tickets and if the recipient accepts your offer, the tickets will be placed into the recipient’s Ticketmaster account. Once the recipient accepts your offer, you will not be able to cancel the tickets.
Tickets forwarded using the Advanced Services are subject to the ticket authentication and delivery fees as disclosed to you by us or Dallas Mavericks. You may be required to provide your credit card number and other information in order to pay such fees, which will be processed or collected by us or Dallas Mavericks. Such fees are not refundable under any circumstances.
If Dallas Mavericks offers a program that allows you to forward your tickets to a charity, you should read the rules posted relating to such program on Dallas Mavericks website. You should not assume that you will receive a tax deduction for forwarding tickets to a charity or any documents that can be used to support a tax deduction.
Violation of these Terms
We may investigate any violation of these 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 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 these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account 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 these 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. If you violate these Terms, your transactions, distributions, deliveries, credit authorizations, payments, payment receipts, registrations, log-ins, ticket forwards, ticket postings, ticket sales, ticket purchases, ticket forwarding receptions, ticket orders, group management or participating or ticket management (any of the foregoing, or any other activities or transactions for which you use the Advanced Services, each an “Activity”), or season, package, group or other tickets, may be cancelled, set-offs and debits may be taken against your accounts and credits and payments that would otherwise be owed to you, and we may exercise any other remedy available to us.
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. 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 Dallas Mavericks, 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 OTHER THAN OUT OF POCKET EXPENSES, 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 THESE 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 or the content, or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, the Event Provider Name, 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.
Disputes, Including Mandatory Arbitration and Class Action Waiver
Any dispute or claim relating in any way to your use of the Site, or to 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;
- 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 Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes; and
- In the event that the arbitration agreement in these 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 Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in these Terms 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 these Terms. 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 these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Live Nation Entertainment, Inc., 9348 Civic Center Drive, Beverly Hills, CA 90210, Attn: Legal. You may download the forms located at https://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 https://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, 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 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. 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.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. However, if your dispute is regarding the re-sale of a ticket for any event located in Illinois, then these Terms will be governed and construed in accordance with the laws of Illinois, without regard to conflict or choice of law rules, and you consent to personal jurisdiction, and agree to bring all actions, exclusively in Chicago, Illinois. If you have an inquiry regarding a ticket re-sale transaction for any event located in Illinois, please contact us at 550 W. Van Buren Street, 13th Floor, Chicago, Illinois 60607 or (877) 446-9450 or email@example.com.
If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:
Live Nation Entertainment, Inc.
9348 Civic Center Drive
Beverly Hills, CA 90210
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
DALLAS MAVERICKS TERMS AND CONDITIONS
1. PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.
2. This ticket is a revocable license, and the holder of this ticket, on behalf of the holder and any accompanying minor, including a minor holding a separate ticket (individually and collectively, the "Holder"), agrees to all of its terms. The Holder agrees that this ticket license is subject to these terms and conditions, as well as any additional terms and conditions established by the Dallas Mavericks and/or its affiliates (the “Team”), the National Basketball Association and/or its affiliates (the "NBA"), and any operator of the arena or related arena grounds (including, without limitation, parking areas and entry gates) (the “Arena”) at which the event or any surrounding activities (in whole or in part) for which this ticket is issued (the “Event”) is held (collectively, all such additional terms, “Supplemental Terms”). Full terms and conditions for this ticket and any Supplemental Terms are set forth at the following URL: https://www.mavs.com/ticketterms. By acceptance and/or use of this ticket and/or entering (or seeking entry into) the Arena, the Holder is deemed to have read all such terms and agreed to be bound by them.
3. Due to the uncertainty related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, collectively, “COVID-19”), this ticket and the Holder’s admission to the Arena are subject to all safety and health requirements and policies put in place by the Team, NBA, and Arena, including any requirements relating to facemasks and/or enhanced health screenings (which may include a requirement that the Holder, and any person for whom the Holder obtains a ticket or is in the Holder’s party, be tested for and/or vaccinated for COVID-19 prior to the Event) and those policies and requirements described in the Supplemental Terms. Such policies and requirements as they may be updated from time to time (in the sole determination of the Team, NBA and/or Arena) and as they may be communicated to the Holder prior to or during the Event (whether orally or in writing) by, for example, instruction provided by Team or Arena personnel or signage in or around the Arena, are collectively referred to below as the “Safety Requirements”. The Holder acknowledges and agrees to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the Event), and acknowledges and agrees that attendance at the Event is conditioned on such compliance.
4. The Holder agrees, on behalf of the Holder and Holder’s Related Persons (defined below), that the Holder and each such individual will not attend the Event if, within the prior 14 days, any such individual has tested positive for COVID-19, or, unless fully-vaccinated for COVID-19 (as defined by the Centers for Disease Control and Prevention (“CDC”)), any one or more of the following is true on the day of such Event:
- Within the prior 14 days, any such individual was exposed to someone who has tested positive for COVID-19;
- Within the prior 48 hours, any such individual has experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, new loss of taste or smell, nasal congestion, runny nose, vomiting, nausea, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC (“COVID-19 Symptoms”)); anyone who is fully vaccinated but experiences any of the COVID-19 Symptoms identified above within the 48 hours prior to the Event should nevertheless consult a healthcare provider and receive a negative test result for COVID-19 before attending; or
- Within the prior 14 days, any such individual has travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.
5. To ensure that all Event patrons agree to, and comply with, all Safety Requirements and all other NBA, Team and Arena rules, this ticket may not be resold or offered for resale on any platform other than a platform expressly authorized by the Team or the NBA. Without limiting the foregoing, any transfer of this ticket to any person who fails to satisfy any Safety Requirement (including pre-Event requirements established by the Team or Arena) may be voided by the Team and this ticket cancelled.
6. ALL TICKET SALES ARE FINAL. NO REFUNDS, CREDITS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) if admission is refused or revoked, or the Event is cancelled and not RESCHEDULED, is a refund of up to the ticket’s face value set by the Team (the “Face Value”). IN NO EVENT SHALL THE TEAM, NBA, OR ARENA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET.
7. The Holder agrees not to transmit, distribute, misappropriate or sell (or aid in transmitting, distributing, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including (without limitation) play-by-play data), picture, video, audio or other form of exploitation or reproduction of the Event. This ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the Team and NBA.
8. Breach of any of these terms, failure to comply with Safety Requirements or NBA, Team and/or Arena rules, or the refunding to the Holder of the Face Value, shall automatically terminate any rights that the Holder may have hereunder; shall render illegal and unauthorized the Holder’s use of the ticket for any purpose; and shall authorize the Team and/or the NBA to withdraw the ticket, refuse admission to the Arena, or eject the Holder from the Arena, without refund or credit in each case, and subject the Holder to all legal remedies available to the NBA, Team and/or Arena.
9. The Holder expressly acknowledges an inherent risk of exposure to COVID-19 exists in any place where people gather and that no precautions (including the Safety Requirements described ABOVE) can eliminate the risk of exposure to COVID-19. COVID-19 is an extremely contagious disease that can lead to severe illness and death. While people of all ages and health conditions have been adversely affected by COVID-19, certain CATEGORIES OF people have been identified by public health authorities as having greater risk based on age and underlying medical conditions. THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDING ILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), LOST, STOLEN, DAMAGED OR CONFISCATED PROPERTY, AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE EVENT (INCLUDING COMPLYING WITH THE SAFETY REQUIREMENTS), WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER BY NEGLIGENCE OR OTHERWISE.
10. On behalf of the Holder and the Holder’s Related Persons (defined below), the Holder further hereby releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that the Holder or any of the Holder’s Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Arena or the Event (including all risks related thereto) or compliance with any protocols or Safety Requirements applicable to the Event; or (iii) any interaction between the Holder and the Holder’s Related Persons, on the one hand, and any personnel of any of the Released Parties present at the Event, on the other hand, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.
As used herein:
- “Related Persons” means the Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with the Holder or for whom Holder has obtained an Event ticket (which persons the Holder represents have authorized the Holder to act on their behalf for purposes of these terms), and other persons acting or purporting to act on the Holder’s or their behalf.
- “Released Parties” means: (i) the National Basketball Association and its member teams (including the Team), and each of their respective direct and indirect owners, affiliates, players and coaches, administrators, designees, licensees, and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Arena; (iii) all third parties performing services at the Arena; (iv) any parents, subsidiaries, affiliated and related companies of each of the entities described in clauses (i)-(iii); and (v) the officers, directors, owners, members, managers, partners, employers, employees, agents, contractors and sub-contractors (and employees of such contractors and sub-contractors), insurers, representatives, other personnel, successors and/or assigns of each of the foregoing entities and persons described in clauses (i) – (iv), whether past, present or future and whether in their institutional or personal capacities.
11. The Holder and the Holder's belongings may be searched upon entry into the Arena and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the NBA, Team and/or Arena, and the Holder hereby consents to the foregoing and waives any related claims that might arise against the NBA, Team or Arena. If the Holder elects not to consent, the Holder will be denied entry into the Arena without refund or credit.
12. The Holder grants permission to the NBA and Team (and their respective designees and agents) to utilize the Holder’s image, likeness, actions and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation. In addition, the Holder grants to the NBA and Team permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.
13. Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between the Holder and the Team, NBA, or Arena, the Holder shall send a written notice describing the issue (a “Dispute Notice”) to Dallas Mavericks, General Counsel, 1333 N. Stemmons Fwy., Ste 105, Dallas, TX 75204. The Holder and the Team, NBA, and/or Arena agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice. If the parties cannot resolve the dispute within the Negotiation Period, the dispute shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator in Dallas conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective June 1, 2021, subject to the U.S. Federal Arbitration Act and federal arbitration law (which is applicable because the Team and NBA are engaged in transactions involving interstate commerce with respect to the Event). The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to the Holder. Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated exclusively to the arbitrator selected pursuant to this provision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. THE HOLDER, ARENA, TEAM AND NBA AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE ARENA.
14. Without limiting the foregoing, the Holder agrees not to give or offer this ticket in a manner that would constitute a violation of the U.S. Foreign Corrupt Practices Act, any other anti-bribery law or regulation, or any conflicts of interest law, regulation, or policy.
15. If any provision or part of these terms or the Supplemental Terms is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these terms and the Supplemental Terms remain valid and binding.
16. In the event of a conflict between the Ticketmaster terms and these terms and conditions, these terms and conditions will apply.
ADDITIONAL TERMS AND CONDITIONS FOR CLUB MAVERICK MEMBERS
In consideration for the tickets being purchased, You agree to the following terms and conditions (hereinafter referred to as the “Agreement”): This Agreement shall apply to all ticket purchases and payment plans, including any other account with which You are associated. Team may amend this Agreement, from time to time without notice, and shall binding on You. By joining, You are indicating that You understand the terms and conditions below.
- “Arena” shall mean American Airlines Center, located at 2500 Victory Avenue, Dallas Texas.
- “Event” shall mean a non-Game event held by Team or Team partner, (e.g., concerts and family shows).
- “Game” shall mean an NBA pre-season, regular and/or playoff home game played at the Arena.
- “Game Ticket” shall mean Your Game ticket(s) to a regular season game.
- “NBA” shall mean the National Basketball Association or any successor or affiliate entity.
- “Club Maverick Membership” shall mean a person or entity who has purchased a season ticket package (as defined by the Mavericks).
- “Membership Benefits” shall mean the option to (i) purchase play-off game tickets, (ii) purchase tickets to other certain Events, (iii) receive certain discounts (including membership renewal discounts “Loyalty Pricing”), (iv) invitation to Mavs Relocation Event and (v) any other benefits that may come with the Club Maverick Membership.
- “Team” shall mean Dallas Basketball Limited, holder of the Dallas Mavericks franchise, a professional NBA basketball team.
- “You” or “Your” shall mean the person or entity that is entering into this Agreement as the registered Game Ticket holder, and, with respect to sections 2, 4, 5, 6, and 8 – 20, any other account holder associated with Your account. If a Game Ticket is registered in the name of a legal business entity, a contact person must be identified, and the Team shall have the right to rely on the actions of such contact on the entity’s behalf. Only the first listed name on any account shall be recognized as the season-ticket holder. Team’s acceptance of payment for a Game Ticket or Membership Benefits from any person or entity other than You, does not grant any Game Tickets or Membership Benefits, any account access or any future account or credit rights, nor constitute an assignment or transfer thereof, to such person or entity. Any intentional misrepresentation of You in connection with your purchase of a Game Ticket will be deemed a breach of this Agreement.
2. Revocable License. Each ticket represents a separate, limited and revocable license that only permits the holder, the right to attend the Game identified on such ticket. No property rights and no renewal (except the 10-Month Auto-Renewal Plan), or expectancy rights are conveyed under this Agreement, any ticket, or any other item the Team may deliver to You. This Agreement and/or Your Game Tickets, or Membership Benefits are revocable at any time by the Team, in its sole and absolute discretion. Upon any revocation of a Game Ticket , in whole or in part, the Team may, in its sole discretion, but shall not be limited to: (i) cancel, inactivate and revoke any or all remaining Game Tickets (and deny the holder admission to the Arena for such Games); and (ii) revoke any or all Membership Benefits. Upon revocation of a Game Ticket with cause, the Team shall have the right to retain any payments made subject to Section 13. Upon a revocation of a Game Ticket without cause, the Team shall refund You prepaid payments made subject to Section 13. If the team revokes any Game Tickets, with cause, but does not revoke Your Club Maverick Membership, no refund will be paid to You.
3. Payments. In consideration for a Game Ticket and Membership Benefits, You shall timely pay to Team the required fee via Account Manager provided by Ticketmaster (“Fee”). All payments by You in connection with Your Game Tickets shall be made without offset, deduction or counterclaim. You agree and acknowledge that any deposit or other consideration that the Team receives from You in connection with Your Game Tickets and/or Membership Benefits shall be non-refundable, and not used towards an exchange except where allowed herein.
4. No Assignment. Except as stated in Section 5, You shall not assign, sell, sublicense or otherwise transfer any of Your rights and obligations here under. Game or Event tickets may not be used for advertising or promotion (including contests or sweepstakes) or other trade purposes without Team’s prior written consent.
5. Resale. Tickets may be resold through Mavs.com Ticket Resale Program, NBATickets.com Resale Marketplace or TicketMaster.com via Account Manager. Any sale, assignment or transfer of tickets must comply with this Agreement, applicable law and relevant policies. Sale or resale of any game tickets by unauthorized means is prohibited. Team reserves the right to cancel or revoke tickets without refund that are resold by unauthorized means. If You sell a majority of Your tickets, at any time, Your Game Tickets may be subject to cancellation at Team’s sole discretion. If You transfer Your mobile tickets by sending screen grabs of tickets, Your Membership is subject to cancellation. You represent and warrant that Your intent to purchase a Game Ticket is for Your personal amusement and not for any commercial purpose. You agree not to circumvent, avoid, bypass or obviate, directly or indirectly the intent of this Agreement.
6. Cancellation/Renewal. Your opportunity to purchase or renew any Game Tickets, is a privilege granted by Team and may be withdrawn by Team at any time in Team’s sole discretion. Team may cancel Your Game Ticket at any time for any or no reason whatsoever, including Your failure to remit payment in accordance with this Agreement and in such event, where applicable, the Team may at its sole discretion immediately cancel and inactivate Your Club Maverick Membership and/or Membership Benefits, with no further obligations owed to You. In such case, You agree to immediately return all Game tickets to Team (if any ticket has been issued) upon Team’s request. If You are on the 10-Month Auto-Renewal Plan, in February of the applicable year, You will receive a statement indicating the price of Your Game Tickets for the upcoming season. You must notify Team in writing on or before March 15 of the applicable year that You wish to opt-out of Your Game Tickets and/or opt-out of play-off tickets for the current season. Absent such written notification, Your credit card will be charged a non-refundable amount on March 15 for the upcoming season accordingly. NO REFUNDS OR CANCELLATIONS ARE ALLOWED ONCE A PAYMENT IS MADE FOR A RESPECTIVE SEASON, EXCEPT WHERE EXPLICTLY PROVIDED HEREIN.
7. 10-Month Auto Renewal Plan. This plan is a convenient way for You to spread out Your Club Maverick Membership payments. This option is specific to Club Maverick members and does not change Your rights to Game Tickets or Membership Benefits. In order to participate a valid credit card or bank routing number must be on file for each respective account. The first installment payment is due May 14, 2021. Once the Team has received Your first installment payment You are locked-in for the 2021-22 Season and Your Club Maverick Membership will automatically renew each prospective season at our discounted Club Maverick Membership Loyalty Pricing. The proceeding eleven (9) monthly installment payments will be processed each month starting June 2021, on either the 15th or the first business date thereafter. Each payment is approximately equal to 1/10th of Your overall payment. When applicable You will receive playoff tickets for each respective season consistent with standard play-off ticket polices in place at the time. If You do not want play-off tickets, You may opt-out accordingly (See Section 6). Accounts thirty (30) days delinquent will lose discounted Loyalty Pricing and proceeding payments will be adjusted accordingly to the standard season ticket price; renewal rebates will be forfeited; access to transfer and sell tickets will be blocked; and tickets will be denied admittance at Arena. Team reserves the right to demand that the account be paid in full prior to reinstating the use of tickets. Accounts forty-five (45) days delinquent will be terminated. NO REFUNDS OR CANCELLATIONS ONCE PAYMENT IS MADE, and any Games missed as a result of a delinquent account are at Your sole expense. If You become habitually delinquent on the monthly installment payments, Team reserves the right to remove You from the 10-Month Auto-Renewal Plan
8. Improper Conduct. You shall, and shall cause all Your guest using Game tickets or other Membership Benefits to observe and comply with this Agreement and all other rules, regulations, policies and procedures, which may be adopted by Team, Arena, or NBA from time to time including without limitation: (i) all policies with respect to the cancellation, postponement or rescheduling of a Game and/or Event; (ii) all announcements issued over Arena public address system; and (iii) the NBA Fan Code of conduct and all other NBA rules related to fan conduct or otherwise; and (iv) all applicable federal, state and local laws, rules, regulations, decrees and orders from government agencies. You are held responsible for all acts of Your guests. Team and Arena reserve the right, in their sole discretion, to refuse admission or eject any person whose conduct is deemed inappropriate, disorderly, or otherwise in violation of any rules, regulations policies or laws referenced above. No failure by Team to exercise any right or remedy in connection with a breach by any person or entity of any provision hereunder, including this Section 8, shall operate as a waiver of such right or remedy with respect to a breach by any other person or entity, including You, of any provision herein and specifically this Section 8. Team, Arena, and the NBA reserve the right to modify from time to time any of its respective policies and procedures, including but not limited to, those relating to the licensing of season tickets.
9. Consent/Use of Image. In consideration of the benefits of a Game Ticket You hereby grant to the Team and the NBA and their designees and agents the absolute right and permission to utilize Your image, likeness, voice, actions and statements (“Materials”) in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproductions made in connection with an Event in any medium, whether now known or hereinafter created, for any purpose, including commercials or promotional purposes, without further authorization or compensation. You hereby waive and release any and all claims You may have against the Team, and/or the NBA with respect to the Materials.
10. Consent/Use of Personal Information. You consent that Team is permitted to collect, hold, store, process, modify, transfer, or delete certain personal (and sensitive) data in any medium about You for marketing purposes and Team may disclose such information to its third party partners for such purposes.
11. Game-data. All game attendees are reminded that the unauthorized collection or distribution of game data, including statistics or play-by-play information for any commercial purpose is strictly prohibited. Violators are subject to ejection, in addition to all penalties and remedies provided by law, and in this Agreement.
12. Non-Occurrence. Team’s issuance of tickets shall not operate as or constitute any warranty, representation, covenant, or guarantee by Team that any number of Games or Events shall occur at the Arena. You acknowledge and agree that Team and/or the NBA may cancel, postpone, reschedule, or relocate Games for any reason (e.g. move a Game from Arena to an alternative venue or force majeure event) as determined in its/their sole discretion, as well as to modify, or discontinue any aspect of the rules, operations and presentations of Games and Events. In the event any Game for which tickets have been purchased under this Agreement is not played or presented in the Arena for any reason (“Lost Game”), including, without, limitation, an event of Force Majeure, a work stoppage or labor dispute by and among the NBA and/or their respective players or any other cause, such event shall in no way be deemed, argued or construed to be a breach by Team of this Agreement or any other terms, conditions, agreement or other duties or obligations in connection with the sale and use of tickets and You hereby waive and release any and all claims You may have against Team, and/or the NBA and their designees and agents with respect to such Lost Game. For purposes of this Agreement, an Event of Force Majeure shall include fire, earthquake, pandemic, epidemic, explosion, casualty, war riot, civil disturbance, act of public enemy, embargo, act of God, strikes or lockouts that are not work stoppages, market shortages of labor or materials, accidents, or any other event or circumstance beyond the reasonable control of Team, NBA or Arena. Except as otherwise specifically provided herein, You will not be entitled to any reductions, credit, or refund resulting from a Lost Game regardless of the cause.
13. Default/Termination. Upon a breach of this Agreement, and in addition to any other remedies, Team at its sole option may, do any one or more of the following: (i), immediately cancel, revoke and inactivate all or a portion of Your Game Tickets (including restriction of entry into the Arena), (ii) apply any amounts previously paid (regardless of how such amounts are attributed) towards any Damages (as defined in this Section 13) with no obligation to return or refund such amounts, (iii) revoke any rights You may have been granted in connection with purchasing tickets to play-off games, (iv) suspend all or any portion of Your rights hereunder and (v) terminate this Agreement in part or in whole for cause, in each case Team shall have no liabilities or obligations of any kind, provided that Team shall refund to You any amount previously paid by You in excess of the damages caused by all defaults of You or Your guests, licensees or affiliates, including without limitation costs of collection of any amounts due, allowable costs of attorney fees and other costs and expenses incurred in connection with enforcement of remedies for such default (collectively, “Damages”).
14. Limitation of Liability. The AGGREGATE liability of the team, its designees, agents and owners, for damages of any kind arising out of the purchase, possession or use of a GAME ticket, including breach of contract, is limited to a refund of the purchase price of the unused tickets. This remedy is exclusive. In no event shall the team or its designees, agents, and owners be liable for any indirect punitive, special, incidental or consequential damages.
15. Waiver of Liability for Personal Injury. The holder of any ticket issued by team voluntarily assumes all risks and danger of loss or damage to property, personal injury (including death) and all other hazards arising from or related in any way to the event OR GAME for which the ticket is issued, however so caused and whether by negligence or otherwise, whether occurring prior to, during or after a game or event.
16. Taxes. If any taxes or fees are levied, assessed, imposed or payable on any payments made by You hereunder, You shall pay or reimburse Team for such taxes or fees within thirty (30) days after receiving Team’s statement thereof. For the purpose of this Section, taxes or fees payable or reimbursable by You shall include, without limitation, all federal, state, or local gross receipts or proceeds taxes, and all privilege, sales, rent, admission, seat, amusement, entertainment, ticket, or other taxes now known or hereafter levied, assessed or imposed upon any payments made by You hereunder, or which Team or any affiliate or successor thereof will be required to pay as a result of the receipt of the payments made by You hereunder, and shall include any penalties and interest due on any delinquent payments by You; provided, however, You shall not be obligated to pay any amount on account of any real estate, franchise, or net income tax paid or required to be paid by Team. Your obligations hereunder shall survive the expiration or termination of this Agreement.
17. Change of Seat. Team reserves the right to change the location of Your seats, for any playoff game (if You are expressly granted the right to purchase play-off tickets), or in the event of a change of design or physical alteration to the Arena (a “Seat Modification”). Such seat changes shall not be deemed to be a breach of this Agreement. In the event of a Seat Modification, Team will make reasonable efforts to change the location of Your seats. In the event You request to change Your seat, and Team allows for such change, Your payments will be adjusted accordingly.
18. Change of Address. As necessary and in any event no later than the end of each Team season, You shall provide Team with written notification of all changes of address and such notification shall include Your name, account number, daytime phone number and accompanied by Your signature.
19. Miscellaneous. All rights and remedies of Team shall be cumulative. Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) shall be settled by confidential arbitration in Dallas, Texas and administered by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court in the State of Texas. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Team from seeking any injunctive relief in State or Federal courts. In the event a dispute goes to court You agree that this Agreement shall be interpreted according to the laws of the State of Texas without giving effect to its choice of law or conflicts of law provisions and that federal and state courts in the State of Texas shall have personal jurisdiction over the parties hereto, and that venue and forum shall be proper in such courts. All terms and conditions are independent of each other. If any terms and conditions are incapable or unenforceable, the balance of the terms and conditions shall remain unaffected and in full force and effect. All parties agree that the Club Maverick/Renewal Application may be executed electronically. You agree to keep the terms and conditions of this Agreement confidential. This Agreement constitutes the entire agreement between You and Team and supersedes all prior agreements, understandings and representations relating to the subject matter hereof.
20. Mobile Messaging. You may choose to receive mobile alerts by opting in. If You do, You authorize Team to use automated technology to send messages to the mobile phone number You supply when You sign up. You may receive up to 8 messages per month. Message and data rates may apply, according to Your rate plan provided by Your wireless carrier. Team will not be responsible for any text messaging or other wireless charges incurred by You or by a person who has access to Your wireless device or telephone number. You may not receive Team alerts if Your carrier does not permit text alerts. Your carrier may not allow You to use pre-paid phones or calling plans to receive alerts. The Team may send You a bounce back message for every message You send to us. Service may not be compatible with all wireless carriers or devices. You may opt out of any alerts by replying to an alert with the text message "STOP" or by sending the text message "STOP" to the shortcode provided. If You opt out by sending us a text message, the Team will send You a text to confirm Your request. It may take us up to 10 days to remove Your mobile device number from our database. For additional help, text "HELP" to the shortcode provided. Team is not responsible for the accuracy of any information displayed in the mobile messaging, for any misdelivery or untimely delivery of any mobile messaging, or Your deletion or failure to store any mobile messaging from us