Effective Date: April 08, 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE BROADWAYSHOWS.COM WEB SITE (THE "SITE"). YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS AND CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, THEN YOU ARE NOT PERMITTED TO USE THIS SITE.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AND DISPUTE RESOLUTION PROVISION THAT REQUIRES YOU AND BROADWAYSHOWS.COM LLC (“BROADWAYSHOWS.COM”) TO RESOLVE DISPUTES (WITH CERTAIN EXCEPTIONS) BY BINDING AND EXCLUSIVE ARBITRATION INSTEAD OF IN COURT OR BEFORE A JURY, UNLESS YOU CHOOSE TO TIMELY OPT OUT. IN ARBITRATION, A CLASS REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING WILL NOT BE PERMITTED, AS SET FORTH BELOW.
The below full Terms and Conditions include, but are not limited to, these specific items:
- Ticket prices may be above "face value" listed on the ticket (they may also be below "face value").
- All sales are final; there are no cancellations, returns, or exchanges unless explicitly stated in the applicable event-specific supplemental terms.
- If an event is cancelled with no rescheduled date, you will receive a full refund of the purchase price (including delivery charges, less possible restocking fees), or a credit for use on a future purchase, as determined at our sole discretion (this may vary by jurisdiction, including California) (see California Business and Professions Code section 22507, under which BroadwayShows.com will facilitate a request for a refund from the ticket seller). If an event is postponed or rescheduled, and the original tickets are valid for entry at the time of the rescheduled event, your order will not qualify for a refund or other compensation, except in jurisdictions where it is required by law, including California (see California Business and Professions Code section 22507, under which BroadwayShows.com will facilitate the request for a refund from the ticket seller).
- Confirmed orders may be filled with comparable or upgraded tickets if the original tickets are no longer available.
1. OWNERSHIP. The Site is owned by BroadwayShows.com LLC. The Site is operated in part by BroadwayShows.com LLC and in part by a third party service provider (“Service Provider”) that provides a platform to BroadwayShows.com LLC that allows third-party ticket resellers to list tickets for sale through the platform. When you select a ticket listing on the Site, you will check out on a page that is hosted and operated by Service Provider. Service Provider also provides the following services to BroadwayShows.com LLC: processing orders, verifying order details and confirming validity of payment information, charging your credit or debit card, coordinating delivery, and customer service. These terms collectively refer to BroadwayShows.com LLC and Service Provider as “we” or “us”.
2. ACCESS TO THE SERVICES. Subject to the Terms and Conditions of this Agreement, BroadwayShows.com may offer to provide certain products and services, as described more fully on the Site, and which are selected by you through the process provided on the Site ("Services"), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services BroadwayShows.com provides you, as well as the offering of any content on the Site. BroadwayShows.com may change, suspend, or discontinue the Services at any time, including the availability of any feature, database, or content. BroadwayShows.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You certify to BroadwayShows.com that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site and take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
BroadwayShows.com cannot promise that access to the Site will be uninterrupted or available at all times. BroadwayShows.com assumes no liability or responsibility for any delay, interruption, or downtime.
3. MARKETPLACE. BroadwayShows.com acts as a ticket marketplace. This means that we are an intermediary between ticket buyers and ticket sellers, allowing ticket buyers to find tickets for all their favorite live events. It also means that BroadwayShows.com is not the ticket seller and the listed tickets are not listed by BroadwayShows.com on behalf of any venue, promoter, team, league or organizing group. BroadwayShows.com does not represent any official organizer of the events listed and is not suggesting any endorsement by or association with such official organizers or any venues, events, teams, leagues, performers or attractions. The BroadwayShows.com marketplace is open to the exchange of any tickets for which there is a market, and that do not violate BroadwayShows.com's policies.
4. TICKET LISTINGS. Buyers may search BroadwayShows.com for a specific artist or team, event date or other search category. Each listing contains the event name, date, seat location, and price per ticket. Please note, the ticket price may be higher than the “face value” that appears on the ticket (the price may also be lower than the “face value”). The “notes” section of the listing, if present, highlights special characteristics of the tickets contained in the listing. Because you will have an opportunity to look at the tickets available for a particular event and determine which tickets to purchase, it is your responsibility to confirm any relevant details by contacting BroadwayShows.com. BroadwayShows.com does not guarantee the accuracy of any information provided by sellers on the Site.
5. SELECTING AND PURCHASING TICKETS. Once you identify the tickets you would like to purchase, and select them, you will be directed through the checkout process where you will enter your name and address and provide payment information. You will also be able to review the ticket details and the total order price which will include service and delivery fees and any applicable taxes. The service and delivery fees are added by BroadwayShows.com to the price of the tickets set by the seller. The service and delivery fees cover the costs of company operations, including connecting buyers to sellers with premium inventory to listed events, premium customer service, website improvements, and safe and secure checkout and delivery of ordered tickets. By placing an order, you authorize BroadwayShows.com to charge your method of payment for the total order amount. Your order is then sent to the seller for confirmation. The seller will confirm the tickets are still available and you will receive notification that the tickets will be delivered. If you do not receive notification of ticket delivery, contact us at support@BroadwayShows.com for assistance. Upon seller confirmation, your method of payment will be charged.
6. ALL SALES ARE FINAL. All sales are final. No compensation will be given for any reason except as explicitly described in these Terms and Conditions or as explicitly permitted and stated in any event-specific supplemental terms. This policy is necessary because of BroadwayShows.com's status as a live marketplace. When a purchase is confirmed, the seller removes the associated tickets from the seller's inventory. The pricing in the market also changes frequently, and just as the seller is not permitted to decline to confirm an order in anticipation of the market going up, buyers are not permitted to return tickets or cancel an order due to the market price going down. A buyer may sell their tickets on the BroadwayShows.com marketplace if, after purchase, the buyer decides not to attend the event subject to certain restrictions, in which case a buyer may sell the tickets by alternative means.
If BroadwayShows.com fails to make an on-time delivery of any purchased ticket for an event, then BroadwayShows.com's sole obligation or liability shall be limited to compensating the buyer for any payments made to BroadwayShows.com under this Agreement. An “on-time delivery” for purposes of this paragraph means delivery prior to the actual start time of the performance, regardless of the performance start time previously posted by any party. BroadwayShows.com reserves the right to cancel and refund the buyer's order at any time for any reason.
7. CANCELLED AND POSTPONED EVENTS. For cancelled events, BroadwayShows.com will refund the purchase price (including delivery charges, less possible restocking fees), or will issue a credit for use on a future purchase, as determined in its sole discretion (this may vary by jurisdiction, including California (see California Business and Professions Code section 22507, under which BroadwayShows.com will facilitate the request for a refund from the ticket seller)). To qualify for compensation, the buyer must return their tickets to BroadwayShows.com within 2 weeks of notice from BroadwayShows.com that the event is deemed “Cancelled.” No refunds or other compensation will be given without the original tickets, unless otherwise determined by BroadwayShows.com, in its sole discretion. BroadwayShows.com will determine when an event is cancelled based upon the best information available. Postponed or rescheduled events will not be refunded or otherwise compensated by BroadwayShows.com except in jurisdictions where it is required by law, including California (see California Business and Professions Code section 22507, under which BroadwayShows.com will facilitate refund requests from the ticket seller).
Event date, times, venue and subject matter (collectively “Event Details”) may change. BroadwayShows.com is not always notified if a show is postponed, rescheduled or cancelled. It is the buyer's responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event. In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond BroadwayShows.com's control. BroadwayShows.com shall not be held responsible for any such seating relocations or other changes to the Event Details and will not be obligated to provide a refund or any other compensation.
If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, any other pandemic or epidemic, or any other health or safety concern, the entity putting on the event has announced a seating or attendee capacity reduction of greater than 15%, BroadwayShows.com, at its sole option, reserves the right to cancel tickets for seating locations eliminated by the venue or to deem such event cancelled in its entirety. In the event that BroadwayShows.com deems an event cancelled in its entirety based on a reduction in capacity: (i) all outstanding orders for such event will be cancelled; and (ii) the event will be reposted for sale with the adjusted capacity and known restrictions. Any buyers whose tickets have been cancelled pursuant to this paragraph shall receive compensation for such cancellation as described above.
8. INTELLECTUAL PROPERTY OWNERSHIP. The Site, including all Site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) ("BroadwayShows.com Property") is owned by BroadwayShows.com and/or Service Provider and will remain the property of BroadwayShows.com and/or Service Provider. Users of this Site acknowledge that they do not acquire any ownership rights by using the Site. Users may not use any BroadwayShows.com Property in connection with any product or service that is not offered by BroadwayShows.com, in any manner that is likely to cause confusion with BroadwayShows.com's business, or in any manner that disparages BroadwayShows.com. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any BroadwayShows.com Property without the express written permission of BroadwayShows.com.
The content, organization, graphics, design, compilation, "look and feel" and all BroadwayShows.com Property available on this Site, including, without limitation, images and written and other materials (the "Contents"), are intellectual property protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). You may not download, print, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any of the Content except in the course of viewing the Site online for lawful purposes, and in making single copies of selected pages of the Site for personal use and not for distribution or posting on any other Site. You also agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Contents. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying other than the foregoing license to possess for personal use.
9. NOTIFICATION OF COPYRIGHT INFRINGEMENT.. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please provide BroadwayShows.com with written notice containing the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement should be sent to: support@BroadwayShows.com. Such notice should be provided only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site.
10. RESTRICTIONS. You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any BroadwayShows.com user.
You are expressly prohibited from using the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site. You further agree to refrain from making any attempt to harvest or otherwise collect or compile information about others, including e-mail addresses or personal data, without their consent.
11. FEEDBACK. You are welcome to submit comments regarding the Site. However, by sending any comments, feedback, notes, messages, ideas, suggestions or other communications ("Feedback"), you hereby grant to BroadwayShows.com a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, publish, transmit, modify, edit, translate, and otherwise exploit such Feedback, in all media now known or hereafter developed. You hereby waive any claim against BroadwayShows.com for any alleged or actual infringement of any intellectual property rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such Feedback.
You agree to submit only Feedback that is proper, lawful, and related to the purposes of the Site. You agree that you will not, and will not permit others to, submit any Feedback that: (i) infringes any intellectual property, privacy, or publicity rights of a third party; (ii) is obscene, vulgar, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to a third party; (iii) constitutes, or encourages conduct that would constitute, a criminal office, give rise to civil liability, or otherwise violate law; (iv) contains a virus or other harmful component; (v) constitutes or contains false or misleading indications of origin, statements of fact, or impersonations of another person or entity; (vi) constitutes advertising or solicitation of business; (vii) disrupts the normal flow of activity on the Site; or (viii) constitutes chain letters, pyramid schemes, virus hoaxes, false alarm messages, "spam," or similar material.
12. PRIVACY. The terms of the Privacy Policy are incorporated herein. You have read BroadwayShows.com's Privacy Policy and agree that the terms of the Privacy Policy are reasonable. Your acceptance of these Terms and Conditions is also your consent to the information practices in the Privacy Policy.
13. WARRANTY DISCLAIMER. BroadwayShows.com has no special relationship with or fiduciary duty to you. You acknowledge that BroadwayShows.com has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release BroadwayShows.com from all liability to you pertaining to Content that is acquired or not acquired through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. BroadwayShows.com makes no representations concerning any Content contained in or accessed through the Site, and BroadwayShows.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BROADWAYSHOWS.COM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. BROADWAYSHOWS.COMDOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. BROADWAYSHOWS.COM IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. §§ 2701-2711). BroadwayShows.com makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any web site linked to the Site. BroadwayShows.com will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on BroadwayShows.com's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
15. INDEMNITY. You agree to defend, indemnify and hold harmless BroadwayShows.com, Service Provider, and their respective parents, affiliates, subsidiaries, investors, licensors, suppliers, advertisers, and sponsors, and their respective employees, consultants, agents, and other representatives (“Indemnified Parties”) harmless from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal and accounting fees, resulting from or arising out of: (a) your breach of the Terms and Conditions; (b) any allegation that any information you submit or transmit to the site infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; (c) and federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of BroadwayShows.com; and/or (d) your activities in connection with your use of the Site.
16. LIMITATION OF LIABILITY. Under no circumstances shall BroadwayShows.com, nor any of the Indemnified Parties, be responsible or liable to you or to any third party for any direct or indirect, incidental, consequential, special, exemplary, or punitive damages of any type (including, without limitation, damages for loss of business or lost profits) as well as for any multiplier on or increase to damages, under any contract, tort, negligence, strict liability, statutory, common law, equitable, or other theory arising out of or relating in any way to the Site, the materials on the Site, or any ticket or Service obtained through the Site. Without limiting the foregoing, you expressly acknowledge and agree that BroadwayShows.com and any other Indemnified Party shall have no liability or responsibility whatsoever for : (i) any action of another user on the Site; (ii) personal injury or property damage, of any nature whatsoever, whether arising in contract or tort, resulting from your access to or use of the Site, including any claim, cause of action, obligation, liability, right, or remedy whether or not arising from the negligence of BroadwayShows.com and/or any of the Indemnified Parties; (iii) any unauthorized access; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, worms, defects or other items of a destructive nature which may be transmitted to or through the Site by any third party; (vi) any error, mistake, inaccuracy or omission in any materials, or for any loss or damage of any kind incurred as a result of the use of any materials available through the Site; and/or (vii) any lost, stolen, or damaged tickets.
THE MAXIMUM LIABILITY OF BROADWAYSHOWS.COM, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OVER THE PAST TWELVE (12) MONTHS; OR (B) $200.00 (USD).
YOU ACKNOWLEDGE AND AGREE THAT NEITHER BROADWAYSHOWS.COM NOR ANY OF THE INDEMNIFIED PARTIES ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BROADWAYSHOWS.COM AND THE INDEMNIFIED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES, SITES, AND LOCATIONS RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS, INCLUDING BUT NOT LIMITED TO THE STATE OF NEW JERSEY, DO NOT ALLOW CERTAIN AGREEMENTS TO INCLUDE THE PROVISIONS OF THIS SECTION THAT (A) LIMIT OR EXCLUDE CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE; (B) LIMIT OR EXCLUDE THE USE OF ANY MULTIPLIER ON OR INCREASE TO DAMAGES; AND (C) LIMIT THE LIABILITY OF BROADWAYSHOWS.COM AND ANY OF THE INDEMNIFIED PARTIES, TO THE GREATER OF (1) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OVER THE PAST TWELVE (12) MONTHS; OR (2) $200.00 (USD). THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO THE EXTENT, AND ONLY TO THE EXTENT, NOT PERMITTED BY APPLICABLE LAW.
17. ARBITRATION AND DISPUTE RESOLUTION. You, on the one hand, and BroadwayShows.com and Service Provider, on the other hand, each agree that, except as provided in the Exceptions provision below, any and all disputes, controversies, or claims arising out of or relating in any way to: (i) these Terms and Conditions; (ii) your use of, or access to, the Site; (iii) the Services; (iv) any tickets or other items sold or purchased through the Site; or (iv) any marketing, advertising, statements, or representations regarding or related in any way to these Terms and Conditions, the Site (including access to and use thereof), the Services, and any tickets or other items sold or purchased through the Site shall be fully, finally, and exclusively resolved through final and binding arbitration rather than in court. YOU, BROADWAYSHOWS.COM, AND SERVICE PROVIDER EACH WAIVE ANY RIGHT TO A JURY TRIAL AS WELL AS ANY RIGHT TO BRING CLAIMS IN OR OTHERWISE PARTICIPATE IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING, AS SET FORTH BELOW.
Exceptions:Notwithstanding the remainder of this Arbitration and Dispute Resolution section, You, BroadwayShows.com, and Service Provider agree that the following types of disputes will be resolved in court, unless both you and BroadwayShows.com and/or Service Provider (whomever is the subject of the dispute) agree to submit the dispute to arbitration pursuant to this Arbitration and Dispute Resolution section:
(1) Disputes or claims within the jurisdiction of a small claims court; or
Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief).
For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the Class Action Waiver provision below does not prevent You from seeking public injunctive relief in an individual capacity to the extent otherwise permitted by law.
You and BroadwayShows.com (and/or Service Provider, as applicable) also agree that for disputes or claims where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, you and BroadwayShows.com (and/or Service Provider, as applicable) will first submit the dispute or claim for non-injunctive relief to arbitration pursuant to this Arbitration and Dispute Resolution section. The arbitrator will not be permitted to grant injunctive relief (unless the parties mutually agree otherwise). Once the arbitration of the dispute or claim for non-injunctive relief has concluded, you and/or BroadwayShows.com (and/or Service Provider, as applicable) may seek the injunctive relief (including the public injunctive relief) in court to the extent permitted by law.
Any litigation in court of the foregoing types of disputes (except for small claims court actions) may be commenced only in a federal or state court located within Cook County, Illinois, and you and BroadwayShows.com (and/or Service Provider, as applicable) each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and BroadwayShows.com (and/or Service Provider, as applicable) agree that the dispute is subject to the Class Action Waiver provision set forth below.
Delegation: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these Terms and Conditions, including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms and Conditions is void or voidable. If any party disagrees about whether the foregoing provision (or any portion of this agreement to arbitrate, including without limitation the provisions relating to arbitration, the waiver of class or representative proceedings, and opting out) can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that dispute.
Governing Law: The Federal Arbitration Act (“FAA”) governs this agreement to arbitrate in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of the parties' arbitration agreement and all of its provisions, including, without limitation, the Class Action Waiver. State arbitration laws do not govern in any respect. Further, you and BroadwayShows.com (and/or Service Provider, as applicable) each agree that the Terms and Conditions evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. To the extent state law applies, the parties' arbitration agreement and the parties' Class Action Waiver shall be governed by Illinois law, subject to conflict of law principles.
Informal Initial Dispute Mechanism: If either you or BroadwayShows.com (and/or Service Provider, as applicable) intend to bring a claim against the other, that party must first send to the other, by certified mail, a completed Intent to Arbitrate Notice ("Intent Notice"). The Intent Notice to BroadwayShows.com should be sent to BroadwayShows.com, 7150 S. Tenaya Way, Las Vegas, NV 89113. If you and BroadwayShows.com (and/or Service Provider, as applicable) are unable to resolve the dispute described in the Intent Notice within thirty (30) days after the Intent Notice is sent, you or BroadwayShows.com (and/or Service Provider, as applicable) may initiate an arbitration proceeding.
Initiating Arbitration Proceedings; Rules, Venue, and Jurisdiction: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, as modified by this agreement to arbitrate. In the case of face-to-face proceedings, the proceedings should be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by an Independent ADR Institution or by a Neutral pursuant to the Consumer Due Process Protocol (available at https://www.adr.org/consumer). The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings, Demand for Arbitration, is available on the AAA website. In addition to filing the Demand for Arbitration with the AAA, in accordance with its rules and procedures, you must send a copy of the completed form to BroadwayShows.com at the following address: 7150 S. Tenaya Way, Las Vegas, NV 89113. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, subject to conflict of law principles. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
In the event that the AAA is unable to conduct the arbitration for any reason, you and BroadwayShows.com (and/or Service Provider, as applicable) will mutually select an alternative arbitration provider, and the arbitration will be conducted pursuant to that provider's applicable rules.
If the agreement to arbitrate is held unenforceable or invalid for any reason, any litigation against BroadwayShows.com (and/or Service Provider, as applicable) (except for small claims court actions, as discussed above) may be commenced only in a federal or state court located within Cook County, Illinois, and you and we each consent to the jurisdiction of those courts for such purposes.
Selection of Arbitrator: The parties agree that there will be one arbitrator and that the process for appointing an arbitrator will be the following manner: The AAA shall send simultaneously to each party to the dispute an identical list of 10 names of persons chosen from the National Roster (unless the AAA decides that a different number is appropriate). For a dispute or claim relating to the intellectual property of you, BroadwayShows.com, or any of BroadwayShows.com's corporate family members (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents), the list from the National Roster shall be limited to individuals who either previously served as a federal judge or is an attorney who has specialized in intellectual property law for at least ten (10) years.
The parties will confer to attempt to agree to an arbitrator from the submitted list and to advise the AAA of their agreement. If the parties are unable to agree upon an arbitrator, each party to the dispute shall have 14 calendar days from the transmittal date in which to strike names objected to, number the remaining names in order of preference, and return the list to the AAA. The parties are not required to exchange selection lists. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable to that party. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the submitted lists, the AAA shall have the power to make the appointment from among other members of the National Roster without the submission of additional lists, except that for the appointment of an arbitrator for a dispute or claim relating to the intellectual property of you, BroadwayShows.com, or any of BroadwayShows.com's corporate family members (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents), the individual appointed shall either previously have served as a federal judge or be an attorney who has specialized in intellectual property law for at least ten (10) years.
Arbitration Fees and Costs; Attorneys' Fees and Expenses: Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, BroadwayShows.com will pay all filing, administrative and arbitrator fees associated with the arbitration. Any request for payment of fees by BroadwayShows.com should be submitted by mail to the AAA along with the Demand for Arbitration, and BroadwayShows.com will make arrangements to pay all necessary fees directly to the AAA.
Each party is responsible for his, her, or its own attorneys' fees and expenses, and BroadwayShows.com will not pay your attorneys'fees or expenses except to the extent ordered to do so by the arbitrator. If you prevail in arbitration, however, you will be entitled to an award of reasonable attorneys' fees and expenses to the extent allowed for under applicable law and ordered by the arbitrator. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse BroadwayShows.com for all fees associated with the arbitration paid by BroadwayShows.com that you otherwise would have been obligated to pay under the AAA rules. If the arbitrator, upon final disposition of the case, finds your dispute was not frivolous, BroadwayShows.com will reimburse any filing fees that you paid and were not otherwise reimbursed.
Opting Out: You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate and/or the Class Action Waiver, you must notify BroadwayShows.com in writing within thirty (30) days of the date that you first access the Site. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with BroadwayShows.com through arbitration. Written notification should be mailed by certified mail to: BroadwayShows.com, 7150 S. Tenaya Way, Las Vegas, NV 89113. If you do not opt out within thirty (30) days, then you accept all terms and conditions of the arbitration and dispute resolution procedures described above.CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BROADWAYSHOWS.COM (AND/OR SERVICE PROVIDER, AS APPLICABLE) EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND BROADWAYSHOWS.COM (AND/OR SERVICE PROVIDER, AS APPLICABLE) AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND BROADWAYSHOWS.COM EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND BROADWAYSHOWS.COM (AND/OR SERVICE PROVIDER, AS APPLICABLE) AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW, WARRANTED BY AN INDIVIDUAL CLAIM(S), AND CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION.
Confidentiality:Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
18. LINKS. This Site contains links to other web sites which are provided solely as a convenience to you and not as an endorsement by BroadwayShows.com, its third-party providers or distributors of the contents of such other web sites. Neither BroadwayShows.com nor any third-party provider or distributor shall be responsible for the Content of any other web sites. Neither the BroadwayShows.com nor any third-party provider or distributor make any representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
19. ATTORNEY'S FEES. If BroadwayShows.com or its affiliates take any action to enforce this Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
20. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of the Terms and Conditions will cause such damage to BroadwayShows.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that BroadwayShows.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms and Conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by BroadwayShows.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such an injunction.
21. NOTIFICATION AND CONTACT INFORMATION. To the extent that BroadwayShows.com may need to contact you, you agree that BroadwayShows.com may do so via any electronic means, included but not limited to communication posted on the Site or electronic mail. If you have any questions or concerns about these Terms and Conditions or if you need further assistance with respect to access to or use of the Site or the services offered by BroadwayShows.com, you may contact our Customer Service department as indicated below. BroadwayShows.com will attempt to respond to your questions or concerns promptly upon receipt.
Mailing Address: 7150 S. Tenaya Way, Las Vegas, NV 89113.
Email:support@BroadwayShows.com
Telephone: 1-877-579-6734
22. MODIFICATION. BroadwayShows.com has the right, in its sole discretion, to modify, suspend, or discontinue any part of this Site at any time, with or without notice.
23. CHANGES IN TERMS AND CONDITIONS. BroadwayShows.com reserves the right, in its sole discretion, to change these Terms and Conditions at any time. If BroadwayShows.com changes any term or condition, said modification, revision and additional information shall be posted here, automatically replace the existing terms and conditions, become effective immediately, and become binding on all users of this Site. Your continued use of the Site following BroadwayShows.com's posting of revised terms and conditions constitutes your acceptance of the revised agreement.
24. FORCE MAJEURE. BroadwayShows.com shall not be deemed in default or otherwise liable under these Terms and Conditions due to its inability to perform its obligations by reason of any act of God, fire, earthquake, blizzard, flood, epidemic, pandemic, danger to public health or safety, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, law, ordinance, regulation, legal order (unless caused by BroadwayShows.com's default hereunder), failure or delay of any transportation, power, or communications system or any other similar cause not under BroadwayShows.com's control.
25. ALLOCATION OF RISK. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk and that the pricing and other terms and conditions of this agreement reflect such allocation of risk.
26. ADDITIONAL PROVISIONS. No agency, partnership, joint venture or other relationship is intended or created by your use of the Site.
These Terms and Conditions, the use of BroadwayShows.com and its mobile application, and any purchases of tickets hereunder will be governed by the laws of the State of Illinois, subject to conflict of law principles.
These Terms and Conditions contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.
If any provision of these Terms and Conditions are held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
The heading at the beginning of each paragraph is for reference purposes and in no way defines the scope or extent of such paragraph.