Valley Music Travel Purchase Policy (effective as of February 13, 2018)
Welcome to the Valley Music Travel (“VMT”, “we”, “us”, “our”) Purchase Policy (this “Policy”). Please read this Policy carefully prior to purchasing any package, ticket, or other good or service from VMT, a “Third Party” (as defined below), and/or via www.valleymusictravel.com (the “VMT Website”). This Policy is a legally binding contract between you and CID Entertainment, LLC d/b/a VMT, and is designed to ensure your satisfaction and understanding of the VMT purchase process. If you are making a purchase on behalf of someone else, the Terms contained in this Policy shall also apply to that person(s) and it is your duty to inform such person(s) of this Policy. This Policy is subject to, and incorporates by reference, the VMT Terms of Use and the VMT Privacy Policy, and are in addition to any other information posted by VMT and the terms of use or purchase policies set forth by any of VMT’s affiliates or third party partners affiliated with any VMT offerings (each, a “Third Party” and collectively, the “Third Parties”), including, without limitation, travel partners, event producers and promoters, hotel/bus/travel suppliers, artists, venues, tours, festivals, sporting events and ticket companies. By making any transaction, including, without limitation, the purchase, enjoyment, attendance or other use of any package, ticket, admission, or other good and/or service, with/from VMT, a Third Party and/or from the VMT Website, you (and your parent or legal guardian, if you are a minor) acknowledge and agree to be bound by the terms and conditions set forth in this Policy and that you are at least thirteen (13) years of age. If you do not agree to this Policy, in whole or any part thereof, please do not purchase, enjoy, attend or otherwise use any VMT-related good, event and/or service, or enter into any VMT-related transaction. Be sure to return to this Policy periodically to review the most current version of the Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Policy without prior notice.
1. 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. Such documents may include but are not limited to, concert tickets, VIP passes, airline tickets, hotel vouchers, tour vouchers, or any other document used to confirm an arrangement 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. The details of the prices, hotels, packages, tours, concerts, artists, events and other information displayed on the VMT Website or a Third Party’s website are subject to change without notice. The goods, products and services described on the VMT Website are subject to availability. The resale or attempted resale of any good, product or service at a price higher than that it was sold for is prohibited and if discovered will result in such good, product or service being cancelled. 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. Any transaction or proposed transaction via VMT and/or the VMT Website may not be used for advertising, promotion (including sweepstakes, contests and giveaways), or other trade or commercial purposes without the express written consent of VMT.
VMT endeavors to publish and maintain accurate prices and information for its services. In the event, however, that a service is listed or provided at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from our affiliates and providers, VMT retains the right to refuse or cancel any purchases for such Services. VMT shall have the right to refuse or cancel any such purchase whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your purchase is canceled because of incorrect information, VMT will promptly issue a credit to your credit card account in the amount of the charge.
If VMT needs to make any changes to your purchase, we will advise of such changes as soon as possible. If VMT needs to make any significant changes to your purchase prior to commencement or use of any Services, we will notify you with the details of the changes and the revised prices. At that point, you can: (1) accept the changes and new prices; (2) if available, accept a substitute Service that is equivalent to or greater in value (which may include additional fees) to the original Service under your purchase; or (3) if available, accept a substitute Service that is lower in value or quality to the one in your Reservation; or (4) cancel your purchase for a full refund.
Any package, ticket or other good, product or service purchased from VMT and/or via the VMT Website is a revocable license for the applicable period. Once you have commenced use of any VMT product and/or service, or any portion thereof, VMT 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 VMT 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 VMT determines, in its sole and absolute discretion, that prior to your use of any VMT product and/or service, you engage in or are reasonably likely to engage in any Removal Behavior, VMT shall have the right to refund to you any monies paid from you to VMT related to the product and/or service in question and, without any other compensation to you, cancel all of your purchases made from VMT and/or via the VMT Website (including purchases made for others) and/or refuse to begin any applicable services or provide any applicable goods.
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, your order will be filled, and 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.
3. Third Parties
The VMT Website and other VMT 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. VMT’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 VMT. You agree that VMT 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 VMT WEBSITE OR OTHERWISE IN CONNECTION WITH A VMT OFFERING IS AT YOUR OWN RISK, AND VMT 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 VMT WEBSITE WITH THE APPLICABLE THIRD PARTY. IF APPLICABLE, HOTEL INFORMATION PROVIDED VIA VMT (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 VMT offering that you have purchased, in whole or in part, your remedy, if any, lies against that Third Party, and not against VMT. 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.
4. 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 VMT 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.
5. Third Party Items; Cancellations, Postponements and Refunds.
VMT’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, VMT 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. VMT provides such Third Party Items on behalf of such Third Parties, which means VMT 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 VMT 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 VMT, THEN VMT 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 VMT 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 VMT, IF THE ELEMENT, AMENITY OR OFFERING IS CONTROLLED SOLELY AND DIRECTLY BY VMT, 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.
6. 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 VMT, 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. VMT 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.
7. 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 VMT-RELATED GOOD, EVENT AND/OR SERVICE, AND DO NOT ENTER INTO ANY VMT-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 VMT, a Third Party and/or via the VMT Website; (b) you are of sufficient legal age and authority to enter into any transaction with VMT, the applicable Third Party and/or via the VMT 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 VMT and/or via the VMT 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 VMT and/or the VMT 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
8. Disclaimers.
ALL THIRD PARTY ITEMS AND VMT PRODUCTS, GOODS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VMT 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 VMT 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 VMT-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 VMT. VMT 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. VMT 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.
9. Release and Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER VMT 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 VMT, A THIRD PARTY AND/OR THROUGH THE VMT 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 VMT 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 VMT FOR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES.
10. Suitability of Products and Services.
We do not represent that any products and/or services offered by VMT or any Third Party will be suitable for you. Without limiting anything else set forth in this Policy, you release VMT from any claims in relation to the products and/or services described on the VMT 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.
11. Publicity Release.
By making any VMT-affiliated transaction contemplated by this Policy and/or attending any VMT-related event, you (and your parent or legal guardian, if you are a minor) hereby irrevocably grant to VMT 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 VMT-affiliated events, and hereby release VMT and its designees, successors, assigns and licensees from any liability with respect thereto.
Without limiting anything set forth herein, by making any VMT-affiliated transaction contemplated by this Policy and/or attending any VMT-related event, you acknowledge and agree to be bound by the terms and conditions set forth in the VMT Privacy Policy. Without limiting anything set forth in the VMT Privacy Policy, you acknowledge and agree the VMT may share your personally identifiable information (including, without limitation, your name, address and email address) with its parent, subsidiary, member and other affiliated companies and with other third parties in connection with the operation of our and/or their business. Examples include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product and service customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution for various events, (g) website evaluation, (h) data collection, storage, management, and analysis, (i) internet-based, targeted and/or online behavioral advertising, (j) VMT’s and its affiliates’ partners and clients (e.g., events, artists, tours, festivals, sporting events, production companies, etc.), and/or (k) any other services designed to assist us and/or our affiliates in maximizing our and/or their business potential and profits.
12. Indemnification.
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 VMT Websites, (b) any of your actions and omissions, including, without limitation, your negligence and intentional misconduct, in connection with your attendance at any VMT-affiliated event, your use or misuse of any VMT or Third Party good and/or service, and/or any other relationship of yours or interaction with VMT 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.
13. 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 VMT, a Third Party and/or via the VMT 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.
14. Insurance.
Many of the problems for which VMT cannot be held responsible for can be insured against. VMT 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.
15. Additional Documents.
Depending on what you purchase from VMT, 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 VMT 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 VMT 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 VMT reasonably requires a response in less time due to exigencies), then in such event, you hereby nominate, constitute and appoint VMT and VMT shall therefore be deemed to be your true and lawful attorney-in-fact irrevocably, to, at VMT’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 VMT elects not to execute such documents on your behalf, then VMT 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.
16. 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 Philadelphia County, Pennsylvania, 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: Valley Music Travel, 1 South Broad St, Ste. 1710, Philadelphia, PA, 19107, 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 Philadelphia County, Pennsylvania. In the event that the location of the Arbitration (Philadelphia County, PA) 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.
17. Miscellaneous.
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. VMT 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 VMT 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 VMT. Any waiver of any provision of these terms must be in writing signed by VMT 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.
