U.S. LawShield® Ticketing and Event Terms and Conditions
The following are terms and conditions (“Terms and Conditions”) that govern: ticketing, including acquisition of a ticket; the use of a ticket; and the participation in, or attendance of, an event or any related or surrounding activities that are arranged, promoted, and/or sponsored (in whole or in part) by U.S. LawShield (individually and collectively, “Event”).
Event is a Members (defined below)-appreciation event. To obtain tickets: Member must be the age of eighteen (18) years or older; be a current member of the Legal Defense for Self Defense® membership-based Program operated by U.S. LawShield; in good standing under the terms of his or her applicable U.S. LawShield Legal Services Contract; and whose membership payments are current (collectively, “Member”).
All Members are required to present a valid ticket at time of entry. Unless otherwise authorized by U.S. LawShield, ticket acquisition is limited to Members for one Event per Member identification number (“MemberID”) and may be further limited or prohibited by state law and regulations. Tickets are distributed on a first come, first served basis, limited by Venue (defined below) capacity limits. Member must follow all prompts and instructions regarding how to register and complete ticket acquisition. Ticket distribution is conducted through electronic means, and may include delivery via the email address of a primary Member or via mobile application or messaging. No tickets will be available via will-call or otherwise through Venue box office. It is Member’s responsibility to ensure that his or her contact information is up-to-date, and promptly inform U.S. LawShield of any desired changes thereto, including, without limitation, changes to any email address. U.S. LawShield is not responsible, and shall not be liable, for: any inaccurate or incomplete contact information related to Member, including, without limitation, any email address; and any undelivered, delayed, misdirected, faulty, or failed electronic data transmissions, including, without limitation, those related to any email communications.
The U.S. LawShield Privacy Policy and Mobile Messaging Terms & Conditions and Mobile Messaging Privacy Policy are each a subset of these Terms and Conditions and are available at https://www.uslawshield.com/privacy-policy/ and https://www.uslawshield.com/sms/mobile-messaging-terms-and-conditions.pdf, respectively. Any use of website pages, subdomains, and mobile applications associated with U.S. LawShield or any of its affiliates are also subject to the terms and conditions available at www.uslawshield.com/terms-and-conditions. In the event there is any inconsistency between those terms and conditions and these Terms and Conditions, these Terms and Conditions shall control.
Pursuant to the terms herein, a ticket is a revocable license to attend a specific Event. By acquisition of a ticket, the ticket holder (individually and collectively, “Holder” or “you”), agrees to the following:
(a) Holder represents and warrants that he or she is the age of majority, being of the age of eighteen (18) years or older, and his or her ticket was obtained via issuance by U.S. LawShield. Availability is limited per MemberID. Tickets issued to Members must correspond to a valid MemberID through which the ticket was acquired, and must be valid at the time of ticket registration and attendance. Without waiving, limiting, or otherwise affecting the enforceability of any provisions of these Terms and Conditions, a failure to abide by any requirements will result in cancellation or invalidation of Holder’s registration, and affected seating will be returned to the pool of available seating.
(b) Holder may not record, copy, publicly exhibit, transmit, or distribute any recording of Event.
(c) Holder acknowledges and agrees to comply with all relevant policies and protocols issued by U.S. Law Shield, LLC, Texas Law Shield, LLC, U.S. Law Shield of Georgia, LLC, and/or affiliated entities and divisions or their officers, directors, managers, shareholders, employees, representatives, and agents (collectively, “USLS” or “us”) the venue owner/operator and its officers, directors, managers, shareholders, employees, vendors, agents, and representatives at which Event is held (collectively, “Venue”), and/or any
artist and any associated production company, managers, agents, vendor, crew, and staff (collectively, “Performer”), including, without limitation, any policies and protocols regarding security, bags and purses (including size thereof), admission, personal conduct of Event attendees, and health and safety. Holder consents to security screenings, including but not limited to pat-downs, walk-through metal detection, handheld metal detection, and/or Holder and Holder’s belongings being subject to search upon entry into Event, and waives any related claims that might arise against USLS, Venue, or Performers of Event. Policies and protocols, including, but not limited to, admission requirements, are subject to change without notice to Holder for any reason, including, but not limited to, in response to applicable laws and policies of federal, state, city, and/or local authorities and/or current guidance of the Centers for Disease Control and Prevention. By acquiring a ticket to Event, you agree to abide by the policies and protocols in effect at the time of Event. Holder is encouraged to check the website of Venue prior to Event for the latest Venue policies and protocols.
(d) Holder acknowledges that there is no expectation of privacy at the Event, and agrees that USLS, Venue, and any Performers of Event shall have the unrestricted right and license to use, reproduce, modify, display, and/or publish Holder’s name, image, likeness, actions, and/or statements taken at Event, as applicable and as included in any recorded audio or video, photograph, publication, or in any other medium whether now known or hereafter devised, without further authorization or compensation.
(e) Holder shall not transfer, sell, or otherwise attempt to transfer or sell a ticket to Event without express authorization of USLS. Unauthorized transfer, sale, or attempted transfer or sale of a ticket to Event is strictly prohibited. Any unauthorized transfer, sale, or attempted transfer or sale of a ticket to Event is grounds for seizure of Holder’s ticket and/or cancellation of Holder’s license, without refund, compensation, or other reimbursement. Except as otherwise specifically provided for by USLS, it is unlawful to copy or otherwise reproduce a ticket to Event. USLS reserves the right to seek damages and diligently pursue all remedies, including, without limitation, criminal prosecution, against any individual engaging in such activity.
(f) Holder bears all risks of Force Majeure events. Force Majeure events include, without limitation: acts of God; war; fire; severe weather abnormalities; power outages; strikes or labor disputes; any pandemic or endemic or effects arising therefrom; and any action of any governmental authority.
(g) Holder bears all risks of inclement weather. Pending unforeseen circumstances, Event will be held, rain or shine. Event may be held at an outdoor venue, however, with portions, or none, of the seating area under cover. Holder is encouraged to check weather conditions ahead of time and plan accordingly. Weather conditions will also be monitored and, if determined to be unsafe, USLS and Venue may elect to cancel Event, or delay Event in cases where certain weather conditions are anticipated to be temporary. Evaluation of weather conditions is made at the site of Event, despite any inclement weather that may exist in other parts of the city and/or surrounding area.
EVENT DATE AND TIME ARE SUBJECT TO CHANGE OR CANCELLATION WITHOUT ADVANCE NOTICE. FURTHER, TICKET AVAILABILITY, TICKETING OR EVENT AMENITIES, EVENT LOCATION, ADMISSION REQUIREMENTS, PERSONAL CONDUCT REQUIREMENTS, SECURITY REQUIREMENTS, AND PERFORMERS OF THE EVENT ARE ALSO SUBJECT TO CHANGE WITHOUT ADVANCE NOTICE. As official local health guidelines evolve regarding COVID-19 safety protocols, Venue may shift seating configurations and/or increase or decrease capacity of Event. If Event is rescheduled, this ticket may only be exchanged by Holder and/or a new ticket issued to Holder pursuant to procedures established by USLS at such time. As tickets are not being sold for Event, refunds are not applicable and Holder will not be entitled to any refund, compensation, or other reimbursement in connection with any change to, or cancellation of, Event.
No smoking is permitted at Event, except in expressly designated areas, if applicable. Outside food, beverages, and weapons, including firearms, are strictly prohibited at Event, unless specifically authorized
by Venue. Can and/or glass bottles at or around Event are subject to governing laws, applicable local ordinances, and/or restrictions of Venue. If applicable, please refer to the policies and protocols of Venue for information about or restrictions regarding other items, including lawn chairs and umbrellas. Any re-entry to Event upon exit therefrom is prohibited, unless specifically authorized by Venue and thereby subject to the re-entry policies of Venue. USLS is not responsible, and shall not be liable, for the specific policies and protocols of Venue or any Performer of Event, which are established by Venue or Performer. USLS encourages Holder, and it is Holder’s responsibility, to review the respective policies, protocols, and terms and conditions of Venue in advance, either through locating such policies, protocols, and terms and conditions on the website(s) of Venue or through contacting Venue directly. More information may be obtained by visiting: Dos Equis Pavilion: https://www.livenation.com/venue/KovZpZAEAFeA/dos-equis-pavilion-events#know-before-you-go; PNC Music Pavilion: https://www.livenation.com/venue/KovZpZAEkeJA/pnc-music-pavilion-events#know-before-you-go; Toyota Center: https://www.toyotacenter.com/plan-your-visit. USLS IS NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY WEBSITES, INCLUDING THAT OF VENUE. HOLDER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST USLS WITH RESPECT TO SUCH WEBSITES AND THIRD-PARTY CONTENT.
Any merchandise purchases are final, and Holder will not be entitled to any return, refund, exchange, or other reimbursement, unless specifically authorized by applicable Performer or Venue. USLS is not responsible, and shall not be liable, for any expense, claim, or loss related in any way to merchandise, including, without limitation, any alleged defect in product.
ASSUMPTION OF RISK RELATED TO PERSONAL INJURY AND/OR PROPERTY DAMAGE:
THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING SICKNESS AND DEATH), PROPERTY DAMAGE, AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, EVENT, WHETHER OCCURRING PRIOR TO, DURING, OR AFTER EVENT, REGARDLESS OF CAUSATION, INCLUDING THROUGH NEGLIGENCE OR OTHERWISE. HOLDER AGREES THAT USLS, VENUE, AND ANY PERFORMER OF EVENT ARE NOT LIABLE FOR ANY DAMAGES OR INJURIES RESULTING FROM SUCH CAUSES, AND HOLDER RELEASES, HOLDS HARMLESS, AND AGREES TO FULLY INDEMNIFY USLS, VENUE, AND/OR PERFORMER(S) OF EVENT, AND WAIVES ANY AND ALL CLAIMS AGAINST USLS, VENUE, AND/OR PERFORMER(S) OF EVENT.
ASSUMPTION OF RISK RELATED TO COVID-19, AND OTHER COMMUNICABLE AND/OR INFECTIOUS VIRUSES, DISEASES, BACTERIA, OR ILLNESSES (“COMMUNICABLE DISEASES”):
HOLDER SPECIFICALLY ACKNOWLEDGES THAT THE COVID-19 PANDEMIC REMAINS AN ONGOING THREAT TO PUBLIC HEALTH, COVID-19 IS A CONTAGIOUS DISEASE, AND IT IS POSSIBLE THAT HOLDER MAY CONTRACT COVID-19 WHILE AT EVENT. HOLDER FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT ANY INTERACTION WITH THE GENERAL PUBLIC POSES AN ELEVATED, INHERENT RISK OF BEING EXPOSED TO AND CONTRACTING OTHER COMMUNICABLE DISEASES NOT LIMITED TO COVID-19, INCLUDING, BUT NOT LIMITED TO, THE VIRUS COMMONLY REFERRED TO AS “MONKEYPOX.” HOLDER ACKNOWLEDGES AND EXPRESSLY ASSUMES ALL RISKS THAT ARE IN ANY WAY RELATED TO OR ARISING FROM BEING EXPOSED TO OR CONTRACTING COVID-19 OR OTHER COMMUNICABLE DISEASES, INCLUDING THE ASSOCIATED DANGERS, MEDICAL COMPLICATIONS, AND PHYSICAL AND MENTAL INJURIES, BOTH FORESEEN AND UNFORESEEN, THAT MAY RESULT FROM CONTRACTING COVID-19 OR OTHER COMMUNICABLE DISEASES AT EVENT. HOLDER AGREES THAT USLS, VENUE, AND ANY PERFORMER OF EVENT ARE NOT LIABLE FOR ANY DAMAGES OR INJURIES RESULTING
FROM SUCH CAUSES, AND HOLDER RELEASES, HOLDS HARMLESS, AND FULLY INDEMNIFIES USLS, VENUE, AND/OR PERFORMER(S) OF EVENT, AND WAIVES ANY AND ALL CLAIMS AGAINST USLS, VENUE, AND/OR PERFORMER(S) OF EVENT.
Breach of any of the terms of this license, failure to comply with the policies and protocols of USLS, Venue, and/or any Performer of Event, or the unauthorized transfer by Holder to any other individual shall automatically terminate any rights that Holder may have hereunder; shall render unauthorized Holder’s use of a ticket for any purpose; and shall authorize USLS or Venue to withdraw any issued ticket, refuse admission to Event, relocate Holder to another seat/area, or eject the Holder from Event. USLS or Venue may refuse admission to, relocate, or eject any Holder, without refund or compensation, who is deemed: to be disorderly, intoxicated, in use of vulgar or abusive language, or otherwise engaging in conduct determined by USLS, Venue, and/or any Performer of Event to be improper; and/or to have failed to comply with the terms of this license, any and all security measures, or any other applicable policies and protocols. Breach of any of the terms of this license shall also subject Holder to all legal remedies available to USLS, Venue, and/or any Performer of Event.
ACKNOWLEDGMENTS, WAIVERS OF CLAIMS, RELEASES OF LIABILITY:
IN NO EVENT WILL USLS, VENUE, OR ANY PERFORMER OF EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY TYPE ARISING OUT OF OR IN CONNECTION WITH TICKETING OR EVENT. YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE USLS, VENUE, AND/OR ANY PERFORMER OF EVENT WITH RESPECT TO ANY CLAIM, LIABILITY, OR DEMAND OF WHATEVER KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, SEEKING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO: (A) TICKETING; (B) USE OF THIS TICKET; (C) PRESENCE AT EVENT; OR (D) PARTICIPATION IN OR ATTENDANCE OF EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED, AND/OR SPONSORED BY USLS, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) SOLE, JOINT, OR COMPARATIVE NEGLIGENCE OR STRICT LIABILITY OF USLS, VENUE, AND/OR ANY PERFORMER OF EVENT (IN WHOLE OR IN PART); AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH TRAVELING TO/FROM AND BEING PRESENT AT EVENT, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH, AND/OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASES.
WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USLS, VENUE, AND ALL PERFORMERS OF EVENT WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (A) ANY LOST, STOLEN, OR DAMAGED TICKETS; (B) THE FAILURE OF VENUE TO HONOR A TICKET; (C) ANY CHANGE IN THE TIME OF EVENT OR PEFORMANCE OF ANY PERFORMER, INCLUDING, BUT NOT LIMITED TO, RESCHEDULING OR CANCELLATION OF EVENT, OR ANY APPEARANCE BY ANY PERFORMER OF EVENT; (D) INCORRECT CONTACT INFORMATION PROVIDED BY HOLDER, INCLUDING, BUT NOT LIMITED TO, ANY EMAIL ADDRESS; (E) LOST, LATE, STOLEN, UNDELIVERED, INACCURATE, INCOMPLETE, DELAYED, MISDIRECTED, DAMAGED, OR GARBLED REGISTRATIONS OR EMAILS RELATING TO OR IN CONNECTION WITH TICKETING, USE OF A TICKET, AND/OR EVENT; (F) ANY INCORRECT OR INACCURATE REGISTRATION INFORMATION OR FOR ANY FAULTY OR FAILED ELECTRONIC DATA TRANSMISSIONS RELATING TO OR IN CONNECTION WITH TICKETING, USE OF A TICKET, AND/OR EVENT; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF USLS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (H) ANY TECHNICAL MALFUNCTION, FAILURE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, OR COMMUNICATIONS LINE FAILURE, REGARDLESS OF CAUSE, WITH REGARD TO ANY EQUIPMENT, SYSTEMS, NETWORKS, LINES, CABLE, SATELLITES, SERVERS, COMPUTERS, OR PROVIDERS UTILIZED IN ANY ASPECT OF THE OPERATION OF TICKETING, USE OF TICKET, AND/OR EVENT; (I) INACCESSIBILITY OR UNAVAILABILITY OF THE INTERNET, WEBSITE, MOBILE APPLICATION, OR ANY COMBINATION THEREOF OR FOR HARDWARE OR SOFTWARE MALFUNCTIONS, FAILURES, OR DIFFICULTIES, OR OTHER ERRORS OR DIFFICULTIES OF ANY KIND, WHETHER HUMAN, MECHANICAL, ELECTRONIC, COMPUTER, NETWORK, TYPOGRAPHICAL, PRINTING, OR OTHERWISE RELATING TO OR IN CONNECTION WITH TICKETING, USE OF TICKET, AND/OR EVENT; (J) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT RELATING TO OR IN CONNECTION WITH TICKETING, USE OF A TICKET, AND/OR EVENT; OR (K) ANY EXPENSES OR LOSSES INCURRED BY YOU DUE TO A CHANGE IN THE DATE, TIME, TICKET AVAILABILITY, TICKETING OR EVENT AMENITIES, EVENT LOCATION, ADMISSION REQUIREMENTS, PERSONAL CONDUCT REQUIREMENTS, SECURITY REQUIREMENTS, OR PERFORMER(S) OF EVENT. IN NO EVENT SHALL HOLDER BE ENTITLED TO THE AWARD OR RECOVERY OF ATTORNEYS’ FEES. SHOULD ANY SUIT OR ACTION BE INSTITUTED BY HOLDER AGAINST USLS, VENUE, AND/OR ANY PERFORMER OF EVENT, CONTRARY TO THE TERMS OF THIS AGREEMENT, USLS, VENUE, AND/OR ANY PERFORMER OF EVENT RESERVE THE RIGHT, AND ARE ENTITLED, TO RECOVER REASONABLE ATTORNEYS’ FEES INCURRED IN CONNECTION WITH THE SUIT OR ACTION, INCLUDING IN PREPARATION FOR SUCH SUIT OR ACTION.
THESE ACKNOWLEDGEMENTS AND EXPRESS ASSUMPTIONS OF RISK, WAIVERS OF CLAIMS, AND RELEASES OF LIABILITY ARE BINDING AND FULL WAIVERS OF CLAIMS AND RELEASES OF LIABILITY, AND ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW. IF ANY PART OF THIS SECTION, OR ANY OTHER PROVISION HEREIN, IS HELD TO BE INVALID OR LEGALLY UNENFORCEABLE FOR ANY REASON, THE REMAINDER OF THIS SECTION, OR ANY OTHER SUCH PROVISIONS, SHALL NOT BE AFFECTED THEREBY AND SHALL REMAIN VALID AND FULLY ENFORCEABLE.
GOVERNING LAW AND ARBITRATION:
THESE TERMS AND CONDITIONS AND ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING THEREFROM, OR OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, TICKETING, USE OF A TICKET, AND/OR EVENT, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS.
INFORMAL DISPUTE RESOLUTION: MOST CONCERNS CAN BE RESOLVED QUICKLY AND SATISFACTORILY BY CALLING OUR MEMBER SERVICES DEPARTMENT AT (877) 448-6839. HOWEVER, SHOULD ANY DISPUTE, CONTROVERSY, OR CLAIM ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THESE TERMS AND CONDITIONS, TICKETING, USE OF A TICKET, AND/OR EVENT THAT CANNOT BE RESOLVED BY CALLING OUR MEMBER SERVICES DEPARTMENT, HOLDER SHALL SEND A WRITTEN NOTICE TO USLS NO LATER THAN TEN (10) DAYS AFTER HOLDER BECAME AWARE OF, SHOULD HAVE KNOWN, OR SHOULD HAVE BECOME AWARE OF THE DISPUTE (I.E., WHEN THE “DISPUTE ARISES”). THIS WRITTEN NOTICE WILL PROVIDE A REASONABLE DESCRIPTION OF THE DISPUTE, ALONG WITH A PROPOSED RESOLUTION OF IT. HOLDER’S NOTICE MUST BE SENT TO: U.S. LAWSHIELD, ATTN: LEGAL DEPARTMENT, 1020 BAY AREA BOULEVARD, SUITE 220, HOUSTON, TEXAS 77058. FOR A PERIOD OF SIXTY (60) DAYS FROM THE DATE OF RECEIPT OF NOTICE FROM HOLDER, USLS AND HOLDER WILL ENGAGE IN A DIALOGUE IN ORDER TO ATTEMPT TO RESOLVE THE DISPUTE, THOUGH NOTHING WILL REQUIRE EITHER HOLDER OR USLS TO RESOLVE THE DISPUTE ON TERMS WITH RESPECT TO WHICH EITHER PARTY IS NOT COMFORTABLE.
BINDING ARBITRATION: SHOULD ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THESE TERMS AND CONDITIONS, TICKETING, USE OF A TICKET, AND/OR EVENT BE UNABLE TO FIRST BE RESOLVED THROUGH INFORMAL METHODS (AS DESCRIBED IN THE “INFORMAL DISPUTE RESOLUTION” PROVISION ABOVE), SUCH DISPUTE, CONTROVERSY, OR CLAIM SHALL BE SUBMITTED TO BINDING ARBITRATION IN HARRIS COUNTY, TEXAS, IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). BY AGREEING TO ARBITRATE, EACH PARTY IS WAIVING ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. THE ARBITRATOR WILL APPLY AND BE BOUND BY THESE TERMS AND CONDITIONS AND WILL DETERMINE ANY DISPUTE ACCORDING TO APPLICABLE LAW AND FACTS BASED UPON THE RECORD AND NO OTHER BASIS. ANY DECISION RENDERED IN SUCH ARBITRATION PROCEEDINGS WILL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT MAY BE ENTERED THEREON IN ANY COURT OF COMPETENT JURISDICTION. AAA PROCEDURES, RULES, AND FEE INFORMATION MAY BE OBTAINED BY CONTACTING AAA OR VISITING ITS WEBSITE: 800.778.7879; HTTP://WWW.ADR.ORG.
NO CLASS ACTION MATTERS: HOLDER AGREES THAT ANY CLAIM OTHERWISE BROUGHT AGAINST USLS REGARDING ANY DISPUTE OR CONTROVERSY HEREUNDER MAY BE DONE IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, OR AS AN ASSOCIATION. DISPUTES BROUGHT BY HOLDER HEREUNDER WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATIONS OR OTHER PROCEEDINGS THAT INVOLVE ANY DISPUTE, CONTROVERSY, OR CLAIM OF ANY OTHER PARTY. THERE IS NO RIGHT OR AUTHORITY OF HOLDER FOR ANY DISPUTE, CONTROVERSY, OR CLAIM TO BE ARBITRATED ON A CLASS-ACTION BASIS OR ON ANY BASIS INVOLVING ANY DISPUTES, CONTROVERSIES, OR CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OR OTHER PERSONS OR ENTITIES SIMILARLY SITUATED. BUT IF, FOR ANY REASON, ANY COURT WITH COMPETENT JURISDICTION HOLDS THAT THIS RESTRICTION REGARDING ARBITRATION OR ARBITRATION ON A CLASS-ACTION BASIS IS UNENFORCEABLE, THEN THE DISPUTE, CONTROVERSY, OR CLAIM MUST BE BROUGHT EXCLUSIVELY IN A STATE OR FEDERAL COURT LOCATED IN HARRIS COUNTY, TEXAS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS “GOVERNING LAW AND ARBITRATION” SECTION, ANY AND ALL ISSUES RELATING TO THE SCOPE, INTERPRETATION, AND ENFORCEABILITY OF THE CLASS ACTION WAIVER PROVISIONS CONTAINED HEREIN ARE TO BE DECIDED ONLY BY A FEDERAL OR STATE COURT LOCATED IN HARRIS COUNTY, TEXAS, AND NOT BY THE ARBITRATOR. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THIS CLASS ACTION WAIVER PROVISION.
THE SCOPE, INTERPRETATION, AND ENFORCEABILITY OF THIS “GOVERNING LAW AND ARBITRATION” SECTION, INCLUDING WITHOUT LIMITATION THE “NO CLASS ACTION MATTERS” PROVISION, ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW. HOLDER CONSENTS TO THE “GOVERNING LAW AND ARBITRATION” SECTION, INCLUDING WITHOUT LIMITATION THE “NO CLASS ACTION MATTERS” PROVISION, NOTED HEREIN AND AGREES TO NOT CONTEST THIS SECTION OR THESE PROVISIONS IN ANY FUTURE SETTING OR PROCEEDING. IF ANY PART OF THIS SECTION, OR ANY OTHER PROVISION HEREIN, IS HELD TO BE INVALID OR LEGALLY UNENFORCEABLE FOR ANY REASON, THE REMAINDER OF THIS SECTION, OR ANY OTHER SUCH PROVISIONS, SHALL NOT BE AFFECTED THEREBY AND SHALL REMAIN VALID AND FULLY ENFORCEABLE.
Use of this website, mobile application, and/or ticket signifies Holder’s agreement with these Terms and Conditions. These Terms and Conditions are subject to change without advance notice, and USLS reserves the right to amend or supplement these Terms and Conditions without notice or liability. Any change to these Terms and Conditions will be effective as soon as they are displayed. Holder’s use of ticket or continued use of website or mobile application shall be deemed acceptance of any such changes. USLS therefore encourages you, and it is Holder’s responsibility, to check these Terms and Conditions periodically for any changes.
The failure of any party hereunder to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable.
