TERMS AND CONDITIONS

FOR CONSUMERS

1. INTRODUCTION

   Welcome to the consumer services offered by ADASTRABOOKING LLC, a Delaware Limited Liability Company with its principal office located at 3 Germay Dr, Unit 4 #1099, Wilmington, DE 19804, USA. Other services offered by the Company may be subject to separate terms.

2. IMPORTANT LEGAL NOTICES.
   1. AGREEMENT, BINDING EFFECT. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY BECAUSE THEY ARE LEGALLY BINDING AND THEY CONTAIN TERMS, RESTRICTIONS, LIMITATIONS, AND CONDITIONS THAT MAY WAIVE, LIMIT, OR RESTRICT CERTAIN IMPORTANT LEGAL RIGHTS. FOR EXAMPLE, THESE TERMS AND CONDITIONS LIMIT OUR LIABILITY IN SEVERAL WAYS (WHICH MEANS THAT WE MAY NOT BE RESPONSIBLE FOR CERTAIN THINGS), THEY RESTRICT YOUR ENTITLEMENT TO REFUNDS AND/OR CHARGEBACKS, AND THEY WAIVE YOUR RIGHT TO GO TO COURT TO RESOLVE A DISPUTE BETWEEN YOU AND US, AMONG OTHER THINGS.
   2. IMPORTANT LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT AGREE TO ASSUME THE RISKS ASSOCIATED WITH EITHER YOUR USE OF THIS SITE AND/OR WITH YOUR PURCHASE OF THE PRODUCTS OR SERVICES FEATURED ON THE SITE, OR IF YOU DO NOT INTEND TO BE BOUND BY THESE TERMS, DO NOT PURCHASE, REGISTER FOR, PARTICIPATE IN, OR SUBSCRIBE TO, DOWNLOAD, VIEW, OR UTLIZE ANY PRODUCTS AND/OR SERVICES OFFERED OR ADVERTISED ON THIS SITE, INCLUDING TICKETS, SERVICES, MERCHANDISE, MEMBERSHIPS, SUBSCRIPTIONS, OFFERINGS, CONTESTS, GIVEAWAYS, OR OTHERWISE. BY PROCEEDING, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FREELY AND VOLUNTARILY GIVING UP IMPORTANT LEGAL RIGHTS.
3. Definitions. The following definitions apply:
   1. «Bearer» shall refer to either an Event attendee, participant, subscriber, registrant, or an individual who received, used, presented for entry, registration, and/or participation a Product (including actual or electronic tickets (E-tickets)) or Service (s). Bearer is sometimes collectively referred to in this Agreement with Purchaser as «you» or «yours.»
   2. «Company» is ADASTRABOOKING LLC, a Delaware Limited Liability Company with its principal office located at 3 Germay Dr, Unit 4 #1099, Wilmington, DE 19804, USA and its Indemnitees, designees, successors, and assigns. Company is sometimes referred to herein as «we, ” „our, ” and/or „us.“
   3. „Dispute“ shall have the meaning ascribed to it in Paragraph 9.a. of these terms and conditions.
   4. „Event“ shall include a live, digital, live streaming or rebroadcast event, or other engagement, production, or conference including cultural, educational, theatrical, performing art, business, sporting, or other concert, event, or engagement promoted, advertised, or offered on the Site.
   5. „Indemnitees“ shall have the meaning ascribed to it in Paragraph 11 of these terms and conditions.
   6. „Organizer“ or „Event Organizer“ shall include and refer to the person (s) responsible for producing, staging, marketing, organizing, and promoting the Event and which person may be a third party.
   7. „Product (s)“ shall refer to offerings, goods, and/or services including Event Tickets, merchandise, subscriptions, memberships, or other items that are offered or promoted on the Site and which are provided to or received by you in exchange for payment by Purchaser.
   8. „Purchaser“ shall refer to the credit card obligor (when credit card transactions are used to acquire Products or Services) and shall also refer to persons who either actually ordered or authorized the ordering or acquisition of a Product or Service from the Site. Purchaser is sometimes collectively referred to in this Agreement with Bearer as „you“ or „yours.“
   9. „Service (s)“ shall refer to subscriptions, memberships, offerings, experiences, viewings, digital experiences, or interactions that are offered or advertised on the Site to Purchasers, Bearers, or registrants and includes undertakings by the Company to share or store information or to process payments an any actions ancillary or incidental thereto and whether now existing or hereinafter created.
   10. „Service Fees“ shall have the meaning (s) set forth in Paragraph 6 of these terms and conditions.
   11. „Site“ shall refer to https://www.adastrabooking.com/
4. License.
   1. Grant of Rights. In exchange for purchasing or utilizing a Product or Service including an Event ticket or Trip ticket, Company hereby grants to you a revocable license to either enter, attend, or access an Event or a Trip, or to otherwise exploit or download the Services or Products to which the purchase relates. Company may, at its option, elect to revoke this License for cause, including, but not limited to, breach of this License by you, without advanced notification to, or consent from, you. IF YOU DO NOT INTEND TO BE BOUND BY THESE TERMS, YOU SHOULD NOT PURCHASE, UTILIZE, REGISTER FOR, SUBSCRIBE TO, ENTER, DOWNLOAD, ACCESS, ATTEND, OR IN ANY WAY EXPLOIT SUCH PRODUCT OR SERVICE.
   2. LEGAL DISCLAIMERS. COMPANY GRANTS A LICENSE TO USE THE PRODUCTS AND/OR SERVICES ON AN „AS IS“ BASIS AND GRANTS THIS LICENSE TO PURCHASE PRODUCTS AND/OR SERVICES ON AN „AS AVAILABLE“ BASIS, AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE AVAILABILITY OF TICKETS, THE PURCHASE OF TICKETS, ANY EVENT VENUE, OR THE ARTISTS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES RESPECTING THE AVAILABILITY OF POTENTIAL SEATING, SITE CONFIGURATIONS, FOOD, BEVERAGE, AND/OR MERCHANDISE CHOICES, VIEWING CAPACITY, FORMAT, PRODUCTION QUALITY, AND/OR OVERALL PRODUCTION EXPERIENCE. TO THE EXTENT THAT COMPANY PUBLISHES PROMOTIONAL, MARKETING, AND/OR ADVERTISING STATEMENTS THAT APPEAR TO BE INCONSISTENT WITH THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT ONLY THESE TERMS CONTROL
   3. Ownership of Materials. The Services are owned and operated by Company. Unless otherwise indicated, all content, information, and other materials on the Services including, without limitation, Company’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the „Materials“) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Company or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Company, by agreeing to these terms and conditions, you are granted a limited, non-sublicensable License to access and use the Services for personal use only.
   4. Restrictions and Prohibited Conduct. Company reserves all rights not expressly granted in these terms and conditions. This License is subject to these terms and conditions and does not permit you to engage in any of the following: (a) resale, commercial use, or any other unauthorized use of the Services or the Materials; (b) distribution, public performance, or public display of any Materials; © modifying or otherwise making any derivative uses of the Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading of any portion of the Services, the Materials, or any information contained in them, except as expressly permitted in the Services; or (f) any use of the Services or the Materials except for their specified purposes. Any use of the Services or the Materials, except as specifically authorized in these terms and conditions without the prior written permission of Company, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these terms and conditions, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Company can revoke this License in accordance with the terms specified in this Agreement.
   5. Termination. To the fullest extent permitted by applicable law, Company reserves the right, without notice and in our sole discretion, to terminate your License to use the Services and to block or prevent your future access to and use of the Services, including where Company reasonably considers that (a) your use of the Services violates these terms and conditions or applicable law; (b) you fraudulently use or misuse the Services; or © we are unable to continue providing the Services to you due to technical or legitimate business reasons. Company’s right to terminate your License includes the ability to terminate or to suspend your access to any Products or Services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these terms and conditions, or (iii) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.
5. Refund Policy.
   1. No Refunds. ALL PRODUCTS AND SERVICES ARE NONREFUNDABLE EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY ON THE SITE. TO THE EXTENT THAT PURCHASER IS ELIGIBLE TO RECEIVE REFUNDS, THE AMOUNTS TO BE REFUNDED (1) SHALL BE LIMITED ONLY TO THE FACE VALUE OF THE PRODUCT OR SERVICE AND (2) COMPANY MAY FURTHER APPLY (DEDUCT) A FEE FROM THE FACE VALUE OF THE PRODUCT OR SERVICE AS A FEE RELATING TO THE PROCESSING OF PURCHASER’S REFUND REQUEST.
   2. Event Cancellation; Recourse. IN CASE OF AN EVENT CANCELLATION (WHETHER IN WHOLE OR IN PART), PURCHASER SHALL ONLY BE ENTITLED TO A FUTURE CREDIT. PURCHASER SHALL NOT BE ENTITLED TO A REFUND. In the event that Organizer elects, in its sole and absolute discretion, to issue a refund, which shall at all times remain subject to the terms and limitations otherwise set forth herein, Purchaser shall only be entitled to recover the face value of a Product or Service. PURCHASER ACKNOWLEDGES AND AGREES THAT COMPANY IS A TICKETING INTERMEDIARY AND MAY NOT BE THE EVENT ORGANIZER, AND, IN CASES WHERE COMPANY IS NOT THE EVENT ORGANIZER, PURCHASER AGREES THAT PURCHASER’S ONLY LEGAL RECOURSE SHALL BE AGAINST EVENT ORGANIZER, AND TO THAT END, YOU HEREBY RELEASE, ACQUIT, SATISFY, AND FOREVER DISCHARGE COMPANY AND ALL OF ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, PRINCIPALS, OFFICERS, LICENSEES, EMPLOYEES, AND AGENTS, WHETHER NOW EXISTING OR HEREINAFTER CREATED, OF AND FROM ALL CAUSE (S) OF ACTION, SUITS, DEBTS, SUMS OF MONEY, ACCOUNTS, RECKONINGS, BONDS, BILLS, SPECIALTIES, COVENANTS, CONTRACTS, CONTROVERSIES, AGREEMENTS, OBLIGATIONS, PROMISES, VARIANCES, DAMAGES, JUDGMENTS, EXECUTIONS, CLAIMS, WHETHER IN LAW OR EQUITY, WHICH YOU HAD, NOW HAVE, OR WHICH ANY PERSONAL REPRESENTATIVE, SUCCESSOR, HEIR, OR ASSIGN OF YOU, SHALL OR MAY HAVE, AGAINST COMPANY, BY REASON OF ANY MATTER, CAUSE, OR THING WHATSOEVER.
   3. Trip Cancellation; Recourse. IN CASE OF A TRIP CANCELLATION (WHETHER IN WHOLE OR IN PART), PURCHASER SHALL ONLY BE ENTITLED TO AN AMOUNT RECOVERED FROM TRIP PROVIDERS, SUCH AS HOTELS, AIRLINES, ACTIVITY ORGANIZERS LISTED IN TRIP ITINERARY.
   4. Force Majeure. In case of an Event or Trip cancellation (whether in whole or in part) due to governmental action, or for any reason or cause other than Organizer Cancellation, including, but not limited to, public health issues, pandemic, epidemic, acts of God, war, civil unrest, riots, production delays, strikes, natural disasters, inclement weather (regardless of severity), or inaccessibility or unavailability of any venue („Force Majeure“), PURCHASER SHALL NOT BE ENTITLED TO RECEIVE A REFUND, rebate, or credit; instead, at the option of the Event Organizer, Purchaser shall be entitled to a future benefit equal to the face value of the Product or Service purchased, or Event Organizer shall reschedule the Event and honor Purchaser’s prior purchase. Notwithstanding the foregoing, Organizer of the respective Event shall, at its sole option, elect to issue a full or partial refund to Purchaser in lieu of a future credit.
   5. Delayed Venue Opening or Delayed Performance. Delayed venue openings or delayed performances and/or your inability to access specific parts of the venue or Event due to governmental action, Force Majeure, or technical difficulties SHALL NOT ENTITLE PURCHASER TO RECEIVE A REFUND as a matter of right. Instead, Purchaser shall only be entitled to a future credit equivalent to the face value of the original Product or Service purchased, unless otherwise determined by Event Organizer.
   6. Rescheduling of Event. Upon rescheduling (whether in whole or in part) of an Event by Organizer or due to governmental action or Force Majeure, PURCHASER SHALL NOT BE ENTITLED TO RECEIVE A REFUND. Instead, Purchaser shall only be entitled to a future credit equivalent to the face value of the original Product or Service purchased, unless otherwise determined by Event Organizer
6. Service Fees. Purchaser acknowledges and agrees that the price of a Product or Service is comprised of several components including (a) the face value and (b) various other fees, surcharges, taxes, and other assessments collectively, some of which may relate to third-party or related-party arrangements („Service Fees“). UNDER NO CIRCUMSTANCES SHALL PURCHASER BE ENTITLED TO A REFUND, REBATE, OR CREDIT OF ANY SHIPPING, HANDLING, OR OTHER PROCESSING AND SERVICE FEES.
   1. Upon purchasing or ordering a Product or Service, Purchaser agrees and shall be obligated to pay to Company the face value of the Product or Service, plus all applicable Service Fees including, but not limited to, shipping and handling charges, processing fees, customer service fees, fees associated with administration of the E-ticket program, as well as all applicable taxes and other assessments and surcharges. SERVICE FEES, AS THAT TERM IS DEFINED, ARE NOT REFUNDABLE.
   2. Waiver and Release. PURCHASER AGREES TO WAIVE, RELEASE, AND FOREVER DISCHARGE COMPANY AND COVENANTS NOT TO SUE COMPANY TO RECOVER UNPAID SERVICE FEES OR FOR ANY REASON, including, but not limited to, reasons relating to postponements, cancellations, delays, refunds, and/or disputes between the Parties. By proceeding to purchase a Ticket under these terms, you are, among other things, KNOWINGLY AND VOLUNTARILY WAIVING your legal rights and/or entitlements to recover such Service Fees.
7. Chargebacks. WITH THE INTENTION OF BEING FULLY BOUND BY THESE TERMS, PURCHASER ACKNOWLEDGES AND AGREES to strictly comply with the provisions of the Fair Credit Billing Act and agrees to only initiate credit or debit card disputes or chargebacks based on legitimate computational errors only, and only after Purchaser has first made a good faith attempt to obtain satisfactory resolution of a disagreement or problem relative to the transaction from the Company by emailing admin@adastrabooking.com
   1. Purchaser agrees not to initiate credit or debit card disputes or chargebacks and also agrees that Purchaser shall not be entitled to a credit or debit charge reversal once Products or Services were delivered to either a physical or email address.
   2. Purchaser shall not be entitled to initiate credit or debit card disputes or chargebacks and also agrees that Purchaser shall not be entitled to receive a credit or debit charge reversal if Company delivers the Product or Service, but Purchaser fails or refuses to attend, access, or exploit the Event or Service.
   3. Purchaser shall not be entitled to initiate credit or debit card disputes or chargebacks and also agrees that Purchaser shall not be entitled to receive a credit or debit charge reversal if (i) the Event or any Products or Services are delayed or cancelled, whether in whole or in part; (ii) if inclement weather impacted the Event, Product or Service; or (iii) Products or Services were deemed to be undesirable, unsatisfactory, or disappointing in any way to Purchaser.
   4. Purchaser acknowledges and agrees that Purchaser shall only be entitled to initiate a debit or credit card dispute or chargeback if such claim was a computational error as defined or contemplated under applicable laws including under Part D of the Fair Billing Act, 15 USC 41, SubChapter 1 or if the Product or Service was never delivered. In cases of Event Cancellation, the terms of Paragraph 5 shall apply.
   5. Purchaser also agrees not to initiate a debit or credit card dispute or chargeback or undertake any other or similar action (s) that operate, in any way, to dispute, cancel, or reverse any portion of a validly purchased Product or Service, and if such action is in contravention of either these terms and conditions or of the spirit of this Agreement, or if the basis for such action relates to an Event being delayed, cancelled, rescheduled (whether in whole or in part) and/or for any reason, including reasons relating to a Force Majeure, governmental action, unforeseen events, production issues, or otherwise.
   6. PURCHASER ACKNOWLEDGES AND AGREES THAT BY ENTERING INTO THIS AGREEMENT, PURCHASER IS VOLUNTARILY AND KNOWINGLY WAIVING CERTAIN OF PURCHASER’S LEGAL RIGHTS RELATING TO PURCHASER’S ENTITLEMENT TO CHARGEBACKS OR TO CHARGEBACK PROTECTIONS under the Fair Credit Billing Act.
   7. The foregoing terms shall apply even if Purchaser’s chargeback protection periods have not expired and/or even if Purchaser has other legal rights available to Purchaser respecting chargebacks.
8. Assumption of Risk; Mitigation.
   1. Potential Risk. By entering into this Agreement, PURCHASER KNOWINGLY AND VOLUNTARILY ASSUMES THE RISK of not being able to recover, reverse, or recoup charges relating to Products or Services based on any Event being delayed, cancelled, or rescheduled (whether in whole or in part) for any reason, your inability or unwillingness to attend, enter, download, access, or exploit the Product or Service, including reasons related to governmental action, Force Majeure, unforeseen events, production issues, or otherwise.
   2. Lost, Stolen, or Destroyed Products. Company assumes no legal, financial, or other liability whatsoever for any lost, stolen or destroyed Products. Upon delivery of your Products, Company and Event Organizer shall have no further responsibility or legal liability relating thereto. YOU ASSUME 100% OF THE RISK OF LOSS RELATING TO THE TICKETING PRODUCTS. If you obtain Products (s) from any unauthorized source (s), you assume all risks associated with such Products (s), including that such Ticket (s) may have been reported lost or stolen or that such Products (s) may be counterfeit, and in all cases, SUCH PRODUCTS (S) MAY BE VOID AND DISHONORED BY ORGANIZER WITHOUT FURTHER LIABILITY TO YOU. You acknowledge and agree that the unlawful or unauthorized resale or attempted resale of Ticketing Products is grounds for forfeiture of such Products and immediate revocation of Bearer’s License without compensation to you and without liability to Company.
   3. Purchase of Tickets; Loss or Damage to Stolen Property; Personal Injury. YOU HEREBY ASSUME ANY AND ALL RISKS, WHETHER OR NOT EXPRESSLY SET FORTH IN THIS AGREEMENT, AS WELL AS ANY RISKS OR DANGERS INCIDENTAL TO, OR IN ANY WAY RELATING TO, ANY EVENT, THE PURCHASE OF PRODUCTS OR SERVICES HEREUNDER, OR USE OF THE SITE, INCLUDING THOSE ARISING FROM, OR RELATING TO, THE ACTS OR OMISSIONS OF THIRD PARTIES (including: artists; Event attendees; Venue owners, operators, staff, employees, or agents; Event Organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents, or designees), INCLUDING RISK OF LOSS OR DAMAGE TO BEARER’S PERSONAL PROPERTY AND RISKS OF PERSONAL INJURY. Company and its respective Indemnitees, designees, successors, or assigns shall not be held responsible, legally, financially, or otherwise, for (i) any personal property that is left, lost, stolen, destroyed, confiscated, damaged, or misplaced anywhere in any Event venue or at any Event venue access/entry points or (ii) personal injuries sustained by Bearer arising from, or relating to, the following non-exhaustive list: extremely loud sounds and special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections, strobe lights, and fireworks; whether such injuries or manifestation of such injuries occur during or subsequent to any Event. YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMPANY SHALL HAVE NO OBLIGATION TO MITIGATE ANY OF BEARER’S POTENTIAL OR ACTUAL LOSSES OR DAMAGES SUSTAINED HEREUNDER.
   4. Public Health Waiver. You acknowledge that there is an inherent risk of exposure to COVID-19 in any public place where people are present. According to the World Health Organization, COVID-19 is a pandemic affecting many countries globally and spreads primarily from person to person through small droplets from the nose or mouth, which are expelled when a person with COVID-19 coughs, sneezes or speaks. Organizer may, in its sole and absolute discretion, subject to applicable governmental regulations, put in place preventive measures to reduce the spread of COVID-19. Company cannot guarantee (and does not guarantee) that Bearer will not become infected with COVID-19, any related mutation or variant, and/or any other communicable disease, whether now existing or hereinafter identified (collectively „Diseases“).
   5. Upon attending or entering an Event or entering or upon exploiting a Product or Service, you acknowledge the contagious nature of certain Diseases, and you nonetheless elect to voluntarily assume the risk that you may be exposed to or infected with the Diseases by attending, accessing, or entering such Event.
   6. Company and its respective Indemnitees, designees, successors, or assigns shall not be held responsible, legally, financially, or otherwise, for any exposure to or infection with COVID-19 or any other Disease that may cause personal injury, illness, permanent disability, and/or death.
   7. By entering any Event venue, you attest that (i) you are not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell; (ii) you have not been exposed to persons with a suspected and/or confirmed case of COVID-19 or other communicable disease that is known or suspected as being highly transmittable in the 14 DAYS prior to the Event; (iii) you have not been diagnosed with or tested positive for COVID-19, any mutation relating thereto, or with any other communicable disease that is known or suspected as being highly transmittable, or, if you were previously diagnosed with COVID-19, any mutation relating thereto, or with any other communicable disease that is known or suspected as being highly transmittable, you have since been cleared as non-contagious by public health authorities; (iv) you are not considered „high risk“ when taking into account all Centers for Disease Control recommended guidelines; and (v) you are following all Centers for Disease Control recommended guidelines.
   8. You hereby acknowledge and agree that upon discovery of any violation of any of the above conditions shall result in the Company’s or Organizer’s right to immediately revoke your License to an Event venue and to potentially deny you any future entry to an Event or venue without any legal or financial liability to Organizer or Company. You further acknowledge and agree that (i) Organizer or Company each reserves the right to implement public health requirements in order to enhance protections at any Event and (ii) you shall comply with such public health requirements at such Event.
9. Dispute Resolution.
   1. Arbitration. You acknowledge and agree that any disputes arising from or relating to your purchase of Products or Services hereunder (a „Dispute“) shall only be resolved subject to FINAL AND BINDING ARBITRATION and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Florida Arbitration Code. YOU ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY GIVING UP YOUR RIGHTS TO GO TO COURT in connection with any potential Dispute and further acknowledge and agree that such Dispute (s) shall only be determined by a NEUTRAL ARBITRATOR, AND NOT A JUDGE OR JURY.
   2. Mediation. As to Disputes, you also agree to participate in non-binding mediation at least 45 days before commencing any arbitration (or taking any other action if applicable). If the Parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules and such arbitration shall be conducted at the AAA office located in Miami, Florida. Any proceeding to enforce this arbitration agreement must be brought only in the Eleventh Circuit Court in and for Miami-Dade County, Florida, or, if jurisdiction permits, in the U.S. District Court for the Southern District of Florida, with venue lying in Miami-Dade County. You agree that arbitration is appropriate in the venue specified in this paragraph.
   3. Class Action Waiver. YOU AGREE THAT YOU SHALL NOT BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS OR MASS PROCEEDING, INCLUDING CLASS ARBITRATION, IN CONNECTION WITH ANY DISPUTE.
   4. Limitations Period. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE PARTIES AGREE THAT CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE BROUGHT WITHIN ONE YEAR OF ACCRUAL OF THE DISPUTE, AS ACCRUAL IS DEFINED BY GOVERNING LAW. If a claim is not filed within one year of the Dispute’s accrual, the Dispute shall be time-barred.
   5. Arbitration Costs. YOU ACKNOWLEDGE AND AGREE THAT ANY COSTS ASSOCIATED WITH A DISPUTE SHALL BE SHARED EQUALLY BETWEEN YOU AND COMPANY, NOTWITHSTANDING ANY RULES CONTAINED IN THE AAA CONSUMER ARBITRATION RULES, including, but not limited to, rules pertaining to filing fee limitations, mediation fees, case management fees, neutral arbitrator compensation, hearing fees, hearing room rental fees, abeyance fees, expenses, consumer clause review and registry fees, reallocation of arbitrator compensation, and AAA administrative fees, and you waive any fee limitations contained in the AAA Consumer Arbitration Rules.
   6. Damages.
      1. No Special Damages; Attorneys’ Fees. In the event of any Dispute (s) between you and Company in any tribunal of competent jurisdiction, (i) you acknowledge and agree that you shall not be entitled to apply for or recover punitive, consequential, or special damages of any kind, nor shall you be entitled to recover attorneys’ fees and costs filing fees, hotel, air, or travel fees, among others, and (ii) the Parties agree that each shall bear 100% of its respective costs, expert fees, attorneys’ fees, and other fees incurred in connection with this Agreement, notwithstanding any law to the contrary that potentially entitles you to recover fees and costs from Company. To the extent that an action is brought by a third party on behalf of you in contravention of the terms and spirit of this Agreement, you hereby expressly waive any claim to any form of monetary damages or other damages or any other form of recovery or relief in connection with any such third-party action.
      2. Liquidated Damages for Breach by You. You agree that, if you violate, breach, or threaten to breach any of your obligations under this Agreement, including initiating a chargeback or undertaking to receive a refund or rebate in contravention of the terms of this Agreement, damages will be extremely difficult or impossible to establish, ascertain or prove. Therefore, you knowingly and voluntarily agree that the limitations set forth in Paragraph 10 shall constitute an accurate measure of damages sustained by Company. You acknowledge and agree that the liquidated damages stipulated in this paragraph are not grossly disproportionate to any damage that might reasonably be expected to follow from such a breach by you. Company shall, in addition to its other rights and remedies, also have the right to elect to apply for or to seek, in arbitration, interim or non-monetary relief, specific performance, and/or injunctive relief in order to enforce, or prevent any violations of, any provisions of this Agreement (without the posting of a bond or other security), and you acknowledge and agree that such relief would be appropriate relief for any such breach and to prevent further breaches.
10. Limitation of Liability.
    1. No Special Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES, THE CONTENT, OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO COMPANY’S RECORDS, PROGRAMS, OR SERVICES.
    2. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL COMPANY OR ANY OF ITS SUBSIDIARIES, SPONSORS, INDEMNITEES, OR AFFILIATES, TOGETHER WITH THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ANY ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND. IN ADDITION TO THE FOREGOING, YOU AGREE THAT, IN THE EVENT OF DISPUTE UNDER THIS AGREEMENT AND BETWEEN THE PARTIES, INCLUDING DISPUTES RELATING TO INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, COMPANY’S AGGREGATE LIABILITY SHALL BE LIMITED, IN ALL INSTANCES TO THE LESSER OF ONE HALF OF THE FACE VALUE OF THE PRODUCT OR SERVICE OR FIFTY DOLLARS.
    3. Limitation on Legal Defenses. In the event of a Dispute between the Parties, you agree not to raise any claims or defenses on grounds including that the foregoing limitations are either unconscionable, illusory, or unenforceable because the Parties lacked equal bargaining power or otherwise. You further agree not to file any legal papers or undertake any legal actions that are contrary to or inconsistent with the terms or spirit of Paragraph 9 or this Paragraph 10 and/or which may prevent Company from receiving the full benefits and protections contemplated by the Parties under Paragraph 9 or this Paragraph 10. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THE SERVICES, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS AND CONDITIONS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
    4. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, COMPANY SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
11. Indemnification. You agree to defend, to covenant not to sue, to indemnify and hold harmless, and to forever release and discharge Company and Company’s subsidiaries, affiliates, officials, officers, directors, principals, members, employees, personnel, attorneys, authorized agents, predecessors, assigns, successors, licensees, insurers, and designees (collectively „Indemnitees“) from any and all injuries (whether personal injuries, property damage or otherwise), including those injuries set forth in Paragraph 8, demands, suits, costs, and/or claims relating in any way to any Event, the purchase of Ticket (s) hereunder, or use of the Site.
12. Data Collection.
    1. Third Party Data Collection. Company may permit you to register for and log on to the Site to access Products or Services operated by certain third-party services. Such third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. You agree that Company shall not be liable to you for any losses or claims sustained by you as a result of such third party’s use, storage, or exploitation. If applicable, information about the collection, use, and/or disclosure of your personal information when you link your Company account with your account on any third-party service can be found in our Privacy Notice.
    2. Upon accessing and using the Site, which includes logging in to existing accounts, registering, entering contests, subscribing for Services, purchasing Products, viewing or downloading content, and otherwise, you grant Company the right to automatically collect, store, and exploit your information, including, but not limited to, IP addresses, operating systems, referring web pages, locations, mobile carriers, devices used (i.e., cell phones, laptops, and tablets, among others), search terms, and Cookie information (collectively, the „Derivative Data“) to help Company diagnose problems and improve the Site for user experience, including to measure traffic and usage trends.
       1. In order to purchase a Ticket (s), you acknowledge and agree that you may be required to provide personal information including, but not limited to, name, email address, mailing address, zip code, telephone number, date of birth, financial information, age verification, and/or country of residence (collectively, „Personal Information“).
       2. You acknowledge and agree that Company may collect, store, and use the Personal Information for legitimate business purposes, such as, but not limited to, processing your payment, fulfilling your order, updating you with the order status, shipping and tracking information, responding to customer service requests, and providing updated information to Purchaser regarding any respective Event, among others.
       3. Additionally, you grant Company the right to share the foregoing data with third parties, including Event Organizers.
13. Assignment. Company shall, at all times, have the right to assign or delegate any or all of its rights, titles, interests, or duties under this Agreement without prior notification to, or consent from, you. You shall not have the right to assign any of your rights, title, privileges, and/or interests in and under this Agreement without the prior written consent of Company (which consent may be withheld, delayed, or conditioned by Company in its sole discretion), including any potential claims that you may assert in relation to any Disputes arising under this Agreement. Any attempt by you to assign any of your rights, title, privileges, and/or interest in and under this Agreement in contravention of the terms of this Agreement shall be void ab initio.
14. Governing Law. This Agreement and all claims relating to or arising out of this Agreement or the breach thereof shall be governed and construed in accordance with the laws of the State of Florida, notwithstanding any contrary choice-of-law principles. The Parties acknowledge that in the event of a Dispute between the Parties, venue shall lie exclusively in Miami-Dade County. You further agree not to raise any defenses on grounds of forum non-conveniens or lack of personal jurisdiction.
15. Entire Agreement. This Agreement, which represents the entire agreement between you and Company with respect to the subject matter of this Agreement, supersedes and replaces all prior terms and conditions and other governing documents between the Parties, which prior terms and conditions are acknowledged by the Parties to be of no further binding legal effect.
16. Modification of Terms. Company may amend any of the terms of these terms and conditions on the Site by posting the amended terms. Your continued use of the Site or your continued use of the Services after the effective date of the revised terms and conditions constitutes your acceptance of the terms.
17. Severability. If any term, condition, limitation, or other provision of this Agreement is found by a court or other tribunal of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the unenforceable provision shall not affect the otherwise valid terms, provisions, spirit of, or the whole of this Agreement. The applicable terms or provisions shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the Parties set forth in this Agreement.
18. Section Headings. The Section headings used in these terms and conditions are for convenience only and shall not be given any legal import.
19. Reasonableness; No Penalty. You acknowledge and agree that the restrictions specified in these terms and conditions are not burdensome and shall not be deemed to constitute a penalty or any other action contrary to public policy but instead are only intended to cause or induce you to perform or fully and strictly comply with the terms and conditions of this Agreement.
20. Adjudication of Suspicious Transactions. You acknowledge and agree that Company reserves the sole and exclusive right to investigate and adjudicate suspicious transactions and shall be the sole and final arbiter regarding actual, potential, threatened, or suspected violations of this Agreement, and Company shall have the right to revoke your License hereunder as a remedy.
21. Material Breach. You acknowledge and agree that any violation of provisions including, but not limited to, Paragraph 7, Paragraph 9, and Paragraph 10, by you shall constitute a material breach of this Agreement entitling Company and Event Organizer to the remedies available at law.