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Last updated and effective as of June 4, 2018
Nederlander (“Us”, “We”, “Our”) knows that your personal information is very important to you, and We respect your privacy. This Privacy Policy explains how your personal information is collected, used, and protected and the choices available to you with respect to Our handling of your data. This Policy applies to all visitors to Nederlander.com, Our mobile services, services available via telephone, and those transactions that take place in person, by postal or electronic mail. (Collectively, the “Site”), including ticket sales, comments on articles, and any information provided to Us..
By visiting this website, you consent and agree to the terms of this Privacy Policy and to the collection, use and storage of your information by Us. From time to time, We may change this Privacy Policy. When We do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing this Privacy Policy. Your continued use of this Site following the posting of a changed Privacy Policy indicates your acceptance of the changes. Unless We provide you with specific notice, no changes to Our Privacy Policy will apply retroactively. Please also refer to our Terms of Use ..
If you require any more information or have any questions about Our privacy policy, please feel free to contact Us by email at privacy@nederlander.com.
Information we collect directly from you: Your provision of your personal information to Us is completely voluntary; it is not a statutory or contractual requirement. Personally Identifiable Information (“PII”) is information that is uniquely identifiable to you, such as your name, address, email address, phone number, credit card number and other personal information that is not otherwise publicly available. Certain features of Our website may require that you provide Us with your personal information, including:
To use these features, We may require you to provide your email address, mobile number, name and/or address and certain demographic information. When you give Us PII to use the features above, you expressly consent to Our collection, storage, use and disclosure of this information as described in this Privacy Policy.
We may use your personal information to communicate with you about:
We may use your demographic information for in house statistics, advertising and marketing target information. Our processing of your personal information is necessary for the performance and fulfillment of the contract between us and to provide you with Our services. We will also process, transfer, disclose and preserve personal information when We have a good faith belief that doing so is necessary, to resolve disputes, enforce our agreements and otherwise required by law.
You can always opt-out of receiving future promotional communications from Us; see the Choice/Opt-out section below.
Information We Collect Automatically: Even if you don’t use any of the features above, when you visit Our website, We may collect certain information about you.
You may occasionally get cookies from third parties with links on Our website. We do not control these cookies, and these cookies are not subject to Our Privacy Policy.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. Please note, if you chose to remove or reject cookies, this could affect the availability and functionality of Our Site. If you need help with this, contact Us at privacy@nederlander.com. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.
We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers.
The personal information We collect allows Us to keep you posted on updates to Nederlander. It also helps Us to improve Our services, content, and advertising. If you don’t want to be on Our email list, you can opt out anytime by clicking the “unsubscribe” button or sending an unsubscribe email to privacy@nederlander.com.
From time to time, We may use your personal information to send transactional emails, such as communications about purchases and changes to Our terms, conditions, and policies. Because this information is important to your interaction with Nederlander, you may not opt out of receiving these communications.
We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Nederlander’s services, and customer communications.
If you enter into a sweepstakes, contest, or similar promotion We may use the information you provide to administer those programs.
Other than as provided in this Privacy Policy, we do not share your personal information with third parties.
Please be aware that when you disclose PII through the comment feature or message board on the Site, the information may become public and accessible to all or a part of the Site community, so it is important for you to exercise discretion and appropriate caution when deciding to reveal PII in these areas. In addition, when you choose to make a posting, certain PII may be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose your PII, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE SITE VIA THESE FORUMS AND OTHER INTERACTIVE FEATURES. Please note that We reserve the right, but have no obligation, to republish content posted (including any PII contained therein) as further set forth in Our Terms of Use.
We may enter into relationships with “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity. There may be a specific privacy policy on any such co-branded page. Any personal information that you provide when signing up at any co-branded page may be collected by, or shared with, our third party partner. We have no control over, and are not responsible for, our third party partners’ use of your personal information. If you want to learn more about other entities’ privacy practices, please review the websites of those third parties.
When you provide personal information to one of Our Site’s third party e-commerce partners, vendors or advertisers (i.e. Ticketmaster.com, Telecharge.com), this transaction will occur in connection with the site of the e-commerce partner, vendor or advertiser, not on the Site, and, as such, the personal information you provide is collected pursuant to and controlled by the privacy policy of such e-commerce partner, vendor or advertiser. Nederlander is not responsible for such parties’ privacy policies and We encourage you to familiarize yourself with the applicable privacy policy of the e-commerce site with which you transact business or to contact the operator of such site for more information.
In addition to ads and content that We may serve you directly, We use third-party advertising companies and marketing services companies to serve ads and other content when you visit Nederlander and elsewhere on the internet and in other media. Both We and these companies may use information about your visits to Nederlander and elsewhere to serve ads and other content to you. In the course of doing so, a unique third-party cookie may be placed or recognized on your browser by such companies. In addition, We and these companies may use Web beacons to help manage Our online advertising and content. These Web beacons enable Us and the third-party companies to recognize a browser’s cookie when a browser visits this Site and to learn which banner ads bring users to our website and to serve you ads that you may find of interest elsewhere on the internet and in other media. Both Nederlander and these companies may use information obtained from your visits to Nederlander or other websites, and information received from you offline in order to provide advertisements about goods and services and other content of interest to you across the internet and in other media. If you would like more information about this practice and to know your choices about not having this information used in this manner by Our third party advertising companies, please visit http://www.networkadvertising.org/optout_nonppii.asp and/or www.aboutads.info/choices. European users may opt out of receiving targeted advertising by visiting http://www.youronlinechoices.eu/.
In addition, we may provide PII and Anonymous Information to marketing services companies. This may include information we received from you offline or online. These companies may combine information we provide (including PII and Anonymous Information) with personal and anonymous information they may have about you, using cookies they place or that We place on their behalf, as described in the section regarding “Cookies and Tracking Tags”. We require these companies to delete the PII we provide them. These companies may use the resulting non-personal information and such cookies for their own marketing purposes, and they may provide the same to their customers for their customer’s marketing purposes.
Some of Our emails may contain tags that allow Us and Our advertisers and other partners to determine the types of content that may be of interest to you. Those tags may contain PII and may be shared with others to the same extent indicated in the section regarding “Cookies and Tracking Tags”. Those tags may not be deleted but you can opt out of receiving the emails.
The Site is not directed to individuals under the age of thirteen (13), and We request that such individuals do not provide personal information through the Site. If a parent or guardian becomes aware that his or her child has provided Us with PII without the parent or guardian’s consent by, for example, misrepresenting his or her age, that parent or guardian should contact us at privacy@nederlander.com. If Nederlander determines that it has collected personal information of children under the age of 13, Nederlander will immediately delete such information and any accounts believed to be held by children under 13.
In addition, we may not collect or process information from a citizen of an EU member state under the age of sixteen (16) without such person’s parental consent. If you are a citizen of an EU member state under the age of 16, please tell your parents that you are using the Site and have your parents email Us at privacy@nederlander.com so that We may delete any information We may have collected about you.
California Civil Code § 1798.83 permits California residents to request information about whether we have disclosed personal information to any third parties for the third parties’ direct marketing purposes. California residents have the right to request in writing: (a) a list of the categories of Personal Information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To make a request, please contact Us at the following email address: privacy@nederlander.com.
If you are located within the European Union, you should be aware that your personal information will be transferred to the United States, the laws of which may be deemed by the European Union to have inadequate data protection. If you are located in a country outside the United States and voluntarily submit personal information to Us, you thereby consent to the general use of such information as provided in this privacy policy and to the transfer of that information to, and/or storage of that information in, the United States. We transfer Personal Information from the European Economic Area and Switzerland to the USA and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. Personal Information of EU residents will be transferred in compliance with the requirements of the General Data Protection Regulation (“GDPR”).
If you are a resident of the European Union, under the GDPR, European Union residents, as data subjects, have the following rights:
An EU resident has the right to access his or her personal data that We hold and to ask that their personal data be corrected or erased and to port their data. An EU resident may also have the right to object to, or request that We restrict certain processing or to withdraw consent previously provided. If you would like to exercise your rights under the GDPR, please contact us at privacy@nederlander.com.
If you are an EU resident and have a concern about our processing of your personal data that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. For contact details of your relevant local Data Protection Authority, please see
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080
Nederlander employs reasonable security measures consistent with standard industry practice, for personal information collected through this Site, including physical, electronic and operational measures to maintain security and prevent unauthorized access. While Nederlander takes all appropriate steps to safeguard personal information under Our control, unfortunately, no data transmission over the Internet or method of storing data can be guaranteed to be 100% secure. As such, We cannot guarantee that personal information supplied by users will not be accessed on Our servers, or intercepted while being transmitted to Us over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information during such transfers.
We will retain your information for as long as your account or inquiry is active and for a reasonable time thereafter in accordance with Our standard procedures or as necessary to comply with Our legal obligations, to resolve disputes, and to enforce Our agreements. Even if We delete some or all of your Personal Information, We may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your Personal Information. Please note that We will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
This Site provides users the opportunity to opt-out of receiving communications from Us, at any time, by email at privacy@nederlander.com, or by clicking the unsubscribe link in any email communication.
The Site gives users the following options for removing their information from our database, to not receive future communications or to no longer receive our service, at any time.
Users can opt-out of receiving future newsletter emails from Us by selecting the “unsubscribe” link at the bottom of our email.
However, We are not responsible for removing your information from the lists of any third party who has previously been provided with your information or is collecting your information through their cookies.
You have the right to withdraw your consent for Our processing for your personal information by contacting us at privacy@nederlander.com.
This website gives users the following options for changing and modifying information previously provided, at any time.
In the event that We are, or any component of our operations is, merged with, or is acquired by, another entity, then any such successor or acquiring entity may become the successor to Our obligations with respect to the personal information that you have provided to Us, which would be necessary for the entity to effectively continue our business. By using this website, you consent to any transfer and use of such personal information by an entity assuming control of Our operations as a result of a merger, purchase of assets, or liquidation in bankruptcy or insolvency.
If you have any questions about this Privacy Policy, the practices of this website, or your dealings with this website, you can send an email to privacy@nederlander.com. Our data protection officer can also be contacted at privacy@nederlander.com.
Last updated and effective as of June 4, 2018
Nederlander (“Us”, “We”, “Our”) sets forth the following terms of use (“Terms”) that govern your use of all Nederlander websites, mobile services, services available via telephone, and those transactions that take place in person, by postal or electronic mail. (collectively, the “Site”).
By visiting or using the Site, you expressly agree to these Terms. Please also consult Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site.
We may make changes to these Terms at any time. Any changes We make will be effective immediately when We post a revised version of these Terms on the Site. The “Last Updated” date at the top of this page will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.
These Terms apply to transactions that transpire on the Site that occur within the United States of America (“USA”). These Terms apply to laws and regulations of the USA. We make no representation or warranty that the Site or services operate in accordance with the laws of any other nation, or that they or any part thereof, is appropriate for use in any particular nation or political subdivision (collectively referred to as “Nation”). Those who access and use the Site from another Nation do so at their own initiative and risk and are responsible for complying with all local laws, rules and regulations of the Nation from which the Site is accessed. Your use of the Site is your acknowledgement that the sites and the products and services rendered by Us are subject to the laws and regulations of the USA, and you specifically waive any right to pursue claims that may arise under the laws of your home Nation or the Nation from which you access this Site.
While some of the Content listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.
You may browse and purchase tickets on the Site without registering for an account. If you create an account, your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. We will never ask for your password. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify Us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if We believe your account is no longer secure or if We receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason. To understand how We use information collected from you, including information collected via social media connectivity, please read Our Privacy Policy.
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the “Content”) are owned by Us. We own a copyright and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes Our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by Us or Our affiliates or licensors. You may not use Our trademarks, logos and service marks in any way without Our prior written permission. You may inquire about obtaining permission by contacting Us at customerservice@nederlander.com.
Please review Our Purchase Policy, which will govern your purchase of any tickets or other products through the Site, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes.
You may only use credit or debit cards that belong to you or to people who expressly authorize you to use such payment methods.
You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to conduct transactions on the Site. You will not hold Us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to Us related to your transactions to assist in any investigation or prosecution of you. If We are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if We are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, We may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.
We may host reviews, message boards, blog feeds, social media feeds, forms, and other forums found on the Site or on Our social media channels (collectively, “Forums”), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site (“User Content”).
By submitting User Content, you certify that you are at least 18 years old.
You own all rights to your User Content. If you submit User Content to the Site, you grant Us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in Our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against Us that Our use of your User Content infringes any of your rights.
Statements, opinions and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.
You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to Us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to Us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian.
We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, Our sponsors and Our users, or to comply with legal obligations or governmental requests.
If We are notified that your User Content does not comply with these Terms, We may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse Us for any amounts We believe are necessary to resolve any complaint.
The Site contains links to other websites that may not be owned or operated by Us. The fact that We may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, “Promotions”) made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will prevail over any conflict with these Terms.
We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to Us related to your transactions to assist in any investigation. We may revoke access to the Site and take legal action that We feel is appropriate. You agree that monetary damages may not provide Us a sufficient remedy and that We may pursue injunctive or other relief for your violation of these Terms. If We determine that you have violated these Terms or the law, or for any other reason or for no reason, We may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that We will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and We will not be required to make the Site or your account or any related information available to you. We may also cancel any ticket or merchandise order, and tickets or merchandise acquired through your order. We may refuse to honor pending and future purchases made from all accounts We believe may be associated with you, or cancel a ticket or ticket order associated with any person We believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to Us.
WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
If anyone brings a claim against Us related to your use of the Site, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold Us and Our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of Our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with Us in asserting any available defenses.
Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by Us or through Us, will be resolved by binding arbitration rather than in court, with the following exceptions:
Any arbitration shall take place in the State of New York, New York County, and shall be administered by, and pursuant to the rules of, the American Arbitration Association (“AAA”). Your use of Our Sites is your consent to the sole and exclusive personal jurisdiction of the AAA sitting in New York County, New York.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
California Residents
Pursuant to California Civil Code § 1798.83-1798.84, California users have the right to request information about how We share certain categories of personal information with third parties. California law gives you the right to send Us a request at privacy@nederlander.com to receive the following information:
If you have any questions, comments or complaints regarding these Terms or the Site, please contact Us at:
Nederlander
1501 Broadway, 14th floor
New York, NY 10036
customerservice@nederlander.com
For information on our London theatres, please visit: