Terms & Conditions
Effective: June 25, 2015
These Terms and Conditions of Use ("Terms of Use") govern any access to and/or use of the website provided by Entelliment LLC (“Entelliment,” “us,” or “we”), Entelliment’s related websites (including this website), and Entelliment’s mobile applications on which any such websites appear (the websites and applications are collectively referred to as the "Site"). Please read them carefully.
Acknowledgement and Acceptance of Terms of Use. By visiting or using the Site, you expressly agree to comply with, and be bound by, these Terms of Use, as updated from time to time. If you do not wish to comply with and be bound by these Terms of Use, please exit the Site now.
Your agreement with us regarding your compliance with these Terms of Use is effectively immediately upon your use of the Site.
Our Privacy Policy [INCLUDE HYPERLINK] and any other policies, terms of sale, rules or guidelines posted on the Site that may be applicable to certain content or particular offers or information on the Site are also incorporated by reference into these Terms of Use.
Permitted Use. The Site is provided to you subject to your compliance with these Terms of Use, including the following provisions regarding permitted use:
You agree to use the Site only for lawful purposes and in compliance with all applicable laws and these Terms of Use;
You will use this Site for your personal use only and not for any commercial purpose or in any manner not permitted by these Terms of Use;
You will not restrict or inhibit any other person’s access to or use of the Site;
You will not interfere with or disrupt the Site or any servers or networks connected to or operated with the Site;
You will not attempt to hack the Site, or to defeat or overcome any encryption technology or security measures implemented with respect to the Site and/or data collected, transmitted, processed, or stored by us;
You will not modify, adapt, reverse engineer, decompile or disassemble any portion of the Site; and
You will not remove or modify any content on the Site and will not remove any copyright, trademark or other proprietary rights notices contained on the Site;
Intellectual Property. You will not acquire any ownership rights in any intellectual property by accessing or using the Site. All material and content on the Site (including, for example, software, logos, text, graphics, sounds, images, photos, video, data compilations and other information and materials) are the sole property of Entelliment or its content providers, suppliers, or other parties and protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may only use the content on the Site as expressly authorized by Entelliment or the applicable content provider or owner. Except for copies made for your personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content or materials from the Site in any form or by any means, commercial or otherwise, without prior written permission from Entelliment or the specific content provider or owner. Unauthorized use of any content or materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. We do not warrant or represent that your use of content, information, or other materials displayed on, or obtained through, the Site will not infringe the rights of third parties.
Links. The Site may contain links to other websites that we do not own or operate. We have no control over those websites and use of those websites is at your own risk. While links to other websites may be provided for your convenience, they do not imply our endorsement of those websites, or content or information on those websites. You acknowledge and agree that we are not responsible for the content of those websites, or the accuracy, legality, privacy practices, or any other aspect of those websites. We disclaim any and all liability with regard to your access to and use of linked websites.
Privacy. Our Privacy Policy is incorporated by reference into these Terms of Use. Please review our Privacy Policy here. [ADD HYPERLINK]
International Access. The Site is operated by Entelliment in the United States and is directed at people residing in the United States. If you access the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with applicable local laws. Any offer of any product, service, and/or information made on or in connection with the Site is void where prohibited.
Minors. The Site is not directed toward children under 13 and no one younger than 13 years of age may use the Site. If you are under 13, please exit the Site now - do not use the Site and do not submit any personally identifiable information through the Site or to Entelliment through any other means. Entelliment does not knowingly collect information from children under 13.
Disclaimer of Warranties. ENTELLIMENT PROVIDES THE SITE AND ITS CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, MATERIALS, OR INFORMATION ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USEAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE ACCURACY, CONTENT, MATERIALS, OR AVAILABILITY OF INFORMATION FOUND ON THE SITE OR ON WEBSITES THAT LINK FROM THE SITE. WE DO NOT GUARANTEE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM THE SITE. FOR ANY EVENT FOR WHICH YOU PURCHASE TICKETS ON THE SITE, WE DO NOT GUARANTEE THAT YOU WILL BE SATISFIED WITH THE EVENT OR WITH SEAT LOCATIONS OR VENUES. WE DO NOT WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability. IN NO EVENT WILL ENTELLIMENT OR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, OTHER BUSINESS PARTNERS, OR EVENT PROVIDERS OR PROMOTERS, BE RESPONSIBLE OR LIABLE FOR ANY (1) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR (2) ANY LOSS OF PROFITS OR LOSS OF GOODWILL OR REPUTATION OR OTHER INTANGIBLE LOSSES, OR (3) ANY OTHER LOSS ARISING OUT OF, OR IN CONNECTION WITH, OR RELATING TO (a) YOUR ACCESS TO OR USE OF THE SITE, INCLUDING YOUR INABILITY TO ACCESS OR USE THE SITE, (b) ANY CONTENT OR MATERIALS ON THE SITE, INCLUDING ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR MATERIAL ON THE SITE, (c) ANY TICKET OR OTHER PRODUCT OR ANY SERVICE OFFERED OR PURCHASED THROUGH THE SITE, (d) ANY EVENT OR PERFORMANCE, (e) ANY LOST, STOLEN, UNDELIVERED, OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET OR TO ALLOW ENTRY OR RE-ENTRY INTO AN EVENT, or (f) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY.
THE PROVISIONS OF THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SOME PROVISIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Violation of the Terms of Use. At our discretion and to the extent permitted by law, we reserve the right to restrict, terminate, or refuse access to and use of the Site and our products and services to anyone for any reason. If we believe you are violating applicable law and/or these Terms of Use, or otherwise misusing or abusing the Site or any services or products offered through the Site, we may take any action that we deem appropriate in our sole discretion to investigate. We reserve the right to report any suspected illegal activity and we will respond to inquiries from government agencies or as otherwise legally required regarding or relating to your access to and use of the Site.
Governing Law. The Site is controlled by us from our offices in the State of Florida. Except as otherwise stated, and unless prohibited by law, these Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law or choice of law provisions.
Mandatory Arbitration and Class Action Waiver. Except for small claims within the jurisdiction of small claims court, we agree to arbitrate all disputes. Arbitration uses a neutral arbitrator instead of a judge or jury in a court and is less formal than a lawsuit in court. Court review of an arbitration award is very limited; however, the same remedies available to each of us under applicable laws remain available in arbitration.
Except as otherwise stated, any controversy or claim arising out of or relating to these Terms of Use or the breach thereof, the Site, your access to or use of the Site, any ticket or other product or service offered or purchased on the Site, or any event, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, as applicable and as modified by this agreement. The American Arbitration Association’s rules are available at www.adr.org. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $100,000, in which case the dispute shall be heard by a panel of three arbitrators. The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party's actual monetary damages, except as may be required by statute. In no event will we pay for attorney’s fees. You may elect to have the arbitration conducted by telephone, based on written submissions, or in person in the hometown area where you live. Otherwise, the place of arbitration shall be Miami, Florida. To initiate arbitration, you must send a letter requesting arbitration and describing your claim to Entelliment LLC, 201 South Biscayne Blvd, Suite #2800, Miami, FL, 33131, Attn: Legal.
If, for any reason, claims cannot be arbitrated because this arbitration agreement is held to be unenforceable, you agree to bring claims only in federal or state court in Miami, Florida, and we both consent to the jurisdiction of such courts in such cases. Notwithstanding the provisions of this Section, you are not prohibited from seeking relief in a small claims court for disputes or claims within the scope of its jurisdiction.
You agree to waive any right to a jury trial or to participate in a class action. WE EACH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
Ticketed Events Held in Illinois. For ticketed events held in the State of Illinois, these Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law or choice of law provisions, and you consent to personal jurisdiction of the State of Illinois and agree to bring all actions exclusively in Chicago, Illinois.
Indemnification. You agree to defend, indemnify and hold Entelliment, its suppliers, advertisers and sponsors, and event providers and promoters, and each of their affiliates, officers, employees, shareholders, agents and other partners, harmless from any and all losses, damages, judgments, settlements, liabilities, claims, demands, suits, proceedings, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) relating to or arising out of your access to and/or use of the Site, your violation of these Terms of Use, or your violation of any rights of another. We reserve the right to take exclusive control and defense of any matter otherwise subject to indemnification by you, and you will cooperate fully with us in asserting any available defenses.
Changes to Terms of Use. These Terms of Use are effective as of the effective date listed above. We reserve the right to modify these Terms of Use at any time without notice to you and we will post any modifications on the Site. You acknowledge and agree that it is your responsibility to review the Terms of Use and to be aware of any modifications. By using this Site after modifications are made and posted on the Site, you acknowledge the modified Terms of Use and you agree to abide by and be bound by the modified Terms of Use.
Miscellaneous
Notices. All notices given by you or required under these Terms of Use shall be in writing and addressed to: Entelliment LLC, 201 South Biscayne Blvd, Suite #2800, Miami, FL, 33131 ATTN: PRESIDENT.
Assignment. You may not assign your rights or obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may assign our rights and obligations under these Terms of Use to any party without notice to you or consent from you.
No Partnership. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms of Use or your access or use of the Site.
Severability. If any part of these Terms of Use is determined to be invalid or unenforceable, then that portion shall be severed and the remainder of these Terms of Use shall remain in full force and effect.
No Waiver. Any failure to enforce any part of these Terms of Use shall not constitute a waiver of that or any other part of these Terms of Use.
Entire Agreement. These Terms of Use constitute the entire agreement between you and Entelliment relating to your access to and use of the Site and supersede all prior agreements and understandings of the parties with respect thereto. These Terms of Use may not be altered, supplemented, or amended by the use of any other document.
Contact Us. Contact us with questions, comments, or feedback at [email protected] or Entelliment LLC, 201 South Biscayne Blvd, Suite #2800, Miami, FL, 33131.