SEATDATA.COM TERMS OF USE AGREEMENT AND DISCLAIMER
Welcome to Seatdata.com. We provide this Web site as a service to our customers.
By using our site, you are agreeing to comply with and be bound by the following terms
of use. Please review the following terms carefully. If you do not agree to these
terms, you should not review information or obtain goods or products from this site.
1. Acceptance of Agreement.
You, the user of this site ("You" or "Your") agree to the terms and conditions
outlined in this Terms of Use Agreement ("Agreement") with respect to the
Seatdata.com Web site (the "Site", "Seatdata.com", "Seatdata", "We", or "Us").
This Agreement constitutes the entire and only agreement between Us and You, and
supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time from time to time by Us without specific
notice to You. The latest Agreement will be posted on the Site, and You
should review this Agreement prior to Using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution, use or publication
by You of any such matters or any part of the Site, except as allowed by Section 4,
is strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right in such information
and materials.
3. Trademarks. Seatdata and Seatdata.com are either trademarks or registered
trademarks of Our company or Seatdata.com. Other product and company names mentioned
on the Site may be trademarks of their respective owners.
4. Limited Right to Use. The viewing, printing or downloading of any content,
graphic, form or document from the Site grants You only a limited, nonexclusive
license for Use solely by You for Your own personal Use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative works or other
Use. No part of any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or mechanical, other
than for Your personal Use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole
discretion to edit or delete any documents, information or other content appearing
on the Site.
6. Indemnification. You agree to indemnify, defend and hold Us and our
partners, attorneys, staff, employees, officers, agents, and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss, claim
and expense, including reasonable attorneys' fees, related to Your violation of
this Agreement or Use of the Site.
7. Nontransferable. Your right to Use the Site is not transferable. Any
password or right given to You to obtain information or documents is not
transferable.
8. Disclaimer, Nonaffiliation, and Limits. THE INFORMATION FROM, ON, OR LOCATED
THROUGH, THIS SITE, IS NOT AFFILIATED IN ANY WAY WITH ANY SPORTS FRANCHISE, LEAGUE,
TEAM, PLAYER, INDIVIDUAL, OWNER, STADIUM, ADVERTISER, PROMOTER, PRODUCT, COMMERCIAL
ENTITY, OR OTHER ORGANIZATION, WHICH MAY BE MENTIONED, LISTED IN, OR OTHERWISE
SEEN IN THE DATA PROVIDED ON THIS SITE, UNLESS SPECIFICALLY STATED AS SUCH. THE
DATA PROVIDED MIGHT BE INACCURATE OR OUTDATED. THUS, THE INFORMATION FROM OR
THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND
OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A
FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND
THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM
LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU
PAY FOR ANY GOODS, SERVICES OR INFORMATION.
9. Use of Information. We reserve the right, and You authorize Us, to use
and assign all information regarding Site uses by You and all information
provided by You in any manner consistent with our Privacy Policy.
10. Third-Party Services. We allow access to or advertise third-party
merchant, commercial, or promotion sites ("Merchants") from which You may purchase
certain goods or services. You understand that we do not operate or control the
products or services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer service. We are not
a party to the transactions entered into between You and Merchants. You agree that
Use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND
BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR
ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
11. Third-Party Merchant Policies. All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to You while on such
sites. We are not responsible for information provided by You to Merchants. We and
the Merchants are independent contractors and neither party has authority to make
any representations or commitments on behalf of the other.
12. Privacy Policy. Our Privacy Policy, as it may change from time to time,
is a part of this Agreement.
13. Payments. You represent and warrant that if You are purchasing
something from Us or from Merchants that: (i) any credit information You supply
is true and complete; and (ii) charges incurred by You will be honored by Your
credit card company; and (iii) You will pay the charges incurred by You at the
posted prices, including any applicable taxes.
14. Securities Laws. This Site may, from time to time, include statements
concerning our operations, prospects, strategies, financial condition, future
economic performance and demand for our products or services, as well as our
intentions, plans and objectives, that are forward-looking statements. These
statements are based upon a number of assumptions and estimates which are subject
to significant uncertainties, many of which are beyond our control. When Used on
our Site, words like "anticipates," "expects," "believes," "estimates," "seeks,"
"plans," "intends" and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not constitute an
offer or a solicitation of an offer for the sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings or documents.
15. Links to Other Web Sites. The Site contains links to other Web sites. We
are not responsible for the content, accuracy or opinions expressed in such
Web sites, and such Web sites are not investigated, monitored or checked for
accuracy or completeness by Us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by Us. If You decide to
leave our Site and access these third-party sites, You do so at Your own risk.
16. Copyrights and Copyright Agents. We respect the intellectual property of
others, and we ask You to do the same. If You believe that Your work or someone
else's work has been copied or misused in a way that constitutes copyright
infringement, please provide Us with 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 e-mail 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.
17. Refund Policy. If a product purchased by You proves to be defective
or not to Your reasonable satisfaction, You can return the product within
twenty-one (21) days of receipt, to Us. In such event, we will provide You a
credit for other purchases on the Site (less shipping and handling charges
incurred). This Section 17 sets forth Your sole and exclusive right to refund
and return.
18. Information and Press Releases. The Site may contain information and
press releases about Us from time to time. While this information was believed
to be accurate as of the date prepared, we disclaim any duty or obligation to
update this information or any press releases. Information about companies other
than ours contained in the press release or otherwise, should not be relied upon
as being provided or endorsed by Us.
19. Miscellaneous. This Agreement shall be treated as though it were
executed and performed in California and shall be governed by and construed in
accordance with the laws of the State of California (without regard to conflict
of law principles). Any cause of action by You with respect to the Site
(and/or any information, products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set forth in Section 8
and Section 10. The language in this Agreement shall be interpreted as in
accordance with its fair meaning and not strictly for or against either party.
All legal proceedings arising out of or in connection with this Agreement shall
be brought solely in Stockton, California. You expressly submit to the exclusive
jurisdiction of said courts and consent to extraterritorial service of process.
Should any part of this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such provision.
Disclaimer: The information from, on, or located through this site is not affiliated in any way with any
sports franchise, league, team, player, individual, owner, stadium, advertiser, promoter, product,
commercial entity, or other organization, which may be mentioned, listed in, or otherwise seen in the
data provided on this site, unless specifically stated as such. Please see our full
Terms of Use Agreement and Disclaimer. Please also review our
Privacy Policy.
