June 10-13, 2021Myrtle Beach, SC
RESCHEDULED INFO

PURCHASE POLICY AND TICKET TERMS & CONDITIONS

WELCOME TO THE CAROLINA COUNTRY MUSIC FEST (THE “EVENT” OR “CCMF”), WHICH IS OWNED AND OPERATED BY CCMF, LLC (THE “COMPANY”, “WE”, “US”, “OUR”, “EVENT PRODUCER”). THIS PURCHASE POLICY AND TICKET TERMS & CONDITIONS (THIS “POLICY”) CONTAINS RULES, REGULATIONS AND OTHER DETAILS GOVERNING YOUR ATTENDANCE AT THE EVENT. PLEASE READ THIS POLICY CAREFULLY PRIOR TO PURCHASING ANY TICKET, WRISTBAND, OR PASS (COLLECTIVELY, “TICKET”) TO THE EVENT VIA [www.ccmf.eventbrite.com] (THE “WEBSITE”) OR ANY OTHER SOURCE. THIS POLICY IS SUBJECT TO, AND INCORPORATES BY THIS REFERENCE, THE CCMF TERMS OF USE AND CCMF PRIVACY POLICY, BOTH OF WHICH ARE AVAILABLE ON THE CCMF WEBSITE. BY PURCHASING A TICKET TO THE EVENT, INCLUDING, WITHOUT LIMITATION, VIA THE WEBSITE, AND/OR ATTENDING THE EVENT AND/OR ACCEPTING AN EVENT TICKET, YOU (“YOU”, “USER”) ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS POLICY, THE CCMF TERMS OF USE AND CCMF PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT PURCHASE ANYTHING, OR ENTER INTO ANY TRANSACTION WITH US AND/OR ATTEND THE EVENT. PLEASE BE SURE TO RETURN TO THIS POLICY PERIODICALLY TO REVIEW THE MOST CURRENT VERSION OF THE POLICY. WE RESERVE THE RIGHT AT ANY TIME, AT OUR SOLE DISCRETION, TO CHANGE OR OTHERWISE MODIFY THIS POLICY WITHOUT PRIOR NOTICE. TICKETS EVIDENCE A REVOCABLE LICENSE TO ENTER THE EVENT PROPERTY (“PREMISES”). VIOLATION OF THIS POLICY MAY RESULT IN REVOCATION OF THE LICENSE WITHOUT PRIOR NOTICE.

TRANSACTION INFORMATION; REVOCABLE LICENSE; REFUSAL OF ADMISSION

ALL SALES ARE FINAL AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. TEN (10) TICKET LIMIT PER CUSTOMER/ACCOUNT/EMAIL/ADDRESS/CREDIT CARD. ORDERS EXCEEDING THE TICKET LIMIT ARE SUBJECT TO CANCELLATION. ORDERS WILL BE REVIEWED FOR ADHERENCE TO THIS POLICY. ORDERS PLACED FOR SOLE PURPOSE OF RESALE ARE SUBJECT TO CANCELLATION. THE RESALE OR ATTEMPTED RESALE OF ANY GOOD, PRODUCT OR SERVICE AT A PRICE HIGHER THAN THAT IT WAS SOLD FOR IS PROHIBITED AND IF DISCOVERED WILL RESULT IN SUCH GOOD, PRODUCT OR SERVICE BEING VOIDED WITHOUT REFUND OR OTHER COMPENSATION. A TICKET TO THE EVENT OR ANY OTHER RELATED PERK MAY NOT BE USED FOR ADVERTISING, PROMOTION (INCLUDING SWEEPSTAKES, CONTESTS AND GIVEAWAYS), OR OTHER TRADE OR COMMERCIAL PURPOSES WITHOUT THE EXPRESS WRITTEN CONSENT OF US. A TICKET TO THE EVENT IS A REVOCABLE LICENSE. WE RESERVE THE RIGHT, WITHOUT REFUND OF ANY PORTION OF THE PRICE PAID OR OTHER COMPENSATION TO YOU, TO REFUSE ADMISSION OR TO EJECT ANY PERSON FROM THE EVENT, AND/OR WITHDRAW OR REFUSE TO BEGIN SERVICES OR PROVIDE GOODS TO ANY PERSON, WHO FAILS TO COMPLY WITH THIS POLICY, THE RULES OF AN APPLICABLE THIRD PARTY, AND/OR APPLICABLE LOCAL, STATE OR FEDERAL LAW OR ORDINANCE, IN WHOLE OR IN PART, OR WHOSE CONDUCT IS DEEMED BY US OR THE APPLICABLE THIRD PARTY AS DISORDERLY, ANNOYING, ILLEGAL, VULGAR, ABUSIVE, THREATENING, UNCOMFORTABLE, AGGRESSIVE, OR OUT OF COMPLIANCE WITH THIS POLICY OR THE APPLICABLE THIRD PARTY’S TERMS, CONDITIONS, RULES OR POLICIES (ALL OF THE ABOVE IN THIS SENTENCE, COLLECTIVELY, “REMOVAL BEHAVIOR”).
ALL PUBLICLY SOLD TICKETS ARE FOR USE BY THE ORIGINAL AUTHORIZED PURCHASER AND THEIR INVITED GUEST(S) ONLY (EACH AN “AUTHORIZED PURCHASER”), AND ARE NOT TRANSFERABLE BY THE AUTHORIZED PURCHASER, ANY OF THEIR INVITED GUESTS, OR ANY OTHER PERSON. LIKEWISE, ALL TICKETS PROVIDED TO PERFORMING ARTISTS, PRODUCTION PERSONNEL, VENDORS, SPONSORS, AND OTHER GUESTS OF THE EVENT PRODUCER (EACH AN “AUTHORIZED RECIPIENT”) ARE FOR USE BY THE AUTHORIZED RECIPIENT AND HIS OR HER INVITED GUEST(S) ONLY, AND ARE NOT TRANSFERABLE BY THE AUTHORIZED RECIPIENT, HIS OR HER INVITED GUEST(S), OR ANY OTHER PERSON. TICKETS OBTAINED FROM UNAUTHORIZED SOURCES MAY BE COUNTERFEIT AND ARE WORTHLESS.

MEDICAL CONSENT

USER CONSENTS TO HAVE MEDICAL TREATMENT THAT MAY BE DEEMED ADVISABLE IN THE EVENT OF AN INJURY, ACCIDENT, OR ILLNESS DURING THE EVENT AND AFFIRMATIVELY RELEASES THE EVENT PRODUCER AND ALL PERSONS PARTICIPATING IN SUCH MEDICAL TREATMENT FROM ALL RESPONSIBILITY FOR ANY SUCH ACTIONS.

SEARCH, EJECTION AND TERMINATION

YOU AND YOUR BELONGINGS MAY BE SEARCHED UPON ENTRY TO, OR OTHERWISE IN CONNECTION WITH YOUR ATTENDANCE AT THE EVENT. YOU HEREBY CONSENT TO SUCH SEARCHES AND FOREVER WAIVE ANY AND ALL RELATED CLAIMS THAT COULD ARISE. IF YOU ELECT TO WITHDRAW SUCH CONSENT TO SUCH SEARCHES, YOU MAY BE DENIED ACCESS TO THE EVENT, OR REMOVED FROM THE EVENT, WITHOUT REFUND OR OTHER COMPENSATION. UNDER CERTAIN FACILITY RULES, CERTAIN ITEMS MAY NOT BE BROUGHT INTO CERTAIN EVENTS OR PREMISES, INCLUDING, WITHOUT LIMITATION, ALCOHOL, DRUGS, CONTROLLED SUBSTANCES, WEAPONS OF ANY KIND (INCLUDING TOY WEAPONS), PROFESSIONAL CAMERAS AND RECORDING DEVICES, LASER POINTERS, STROBE LIGHTS, IRRITANTS, VARIOUS FORMS OF CONTAINERS, AND ANY OTHER ITEM NOTED AS PROHIBITED ON THE EVENT FAQS OR OTHER INFORMATION RELEASED BY US. BREACH OF THIS POLICY OR ANY APPLICABLE THIRD PARTY’S TERMS, CONDITIONS, RULES OR POLICIES WILL TERMINATE YOUR LICENSE TO ATTEND THE EVENT WITHOUT REFUND OR OTHER COMPENSATION.
IN ADDITION TO THOSE ITEMS PROHIBITED ELSEWHERE IN THESE TERMS OR IN THE EVENT FAQS, WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION YOU MAY NOT BRING ANY OF THE FOLLOWING ITEMS INTO THE EVENT (OR CAUSE ANY OF ITEMS TO ENTER THE EVENT): GLASS BOTTLES, ALUMINUM BOTTLES, KNIVES, EXPLOSIVES, SLING SHOTS, WEAPONS OF ANY OTHER KIND, FRISBEES, FLAGS, SKATEBOARDS, ROLLER SKATES, HOVER BOARDS, LASER POINTERS, DRONES OF ANY KIND, REMOTE CONTROLLED DEVICES OR REMOTE CONTROLLED TOYS, LARGE BACKPACKS, AND OTHER ITEMS AS DESIGNATED BY US.

OTHER RIGHTS / RESTRICTIONS

THE EVENT PRODUCER RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO USER. THE TERMS AND RESTRICTIONS NOTED ON THE WEBSITE OF THE EVENT PRODUCER’S DESIGNATED TICKETING COMPANY, AND ITS PRIVACY POLICY AND TERMS OF USE, AVAILABLE ON THE EVENT WEBSITE, ARE ALSO INCLUDED HEREIN BY REFERENCE.

RELEASE OF LIABILITY

USER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT, WHETHER SUCH RISKS OCCUR PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT, INCLUDING SPECIFICALLY (BUT NOT EXCLUSIVELY) THE DANGERS (1) THAT THE EVENT CROWD OR INDIVIDUAL ATTENDEES MAY BE INADEQUATELY MONITORED, MANAGED, OR CONTROLLED BY EVENT SECURITY, AND AS A RESULT MAY CAUSE PERSONAL HARM OR PROPERTY DAMAGE TO THE USER, AND (2) THAT THE USER MAY BE EXPOSED TO DRUGS, ALCOHOL, FIGHTING, OR OTHER REASONABLY FORESEEABLE DANGEROUS CONDITIONS OR ACTIVITIES PRIOR TO, DURING, OR SUBSEQUENT TO THE EVENT. USER EXPRESSLY RELEASES THE PREMISES OWNER, EVENT FACILITY, MANAGEMENT, PROMOTERS, PARTICIPANTS, PERFORMERS, SPONSORS, PARTNERS, ARTISTS, AND THE TICKETING AGENCY AND/OR TICKETING SERVICES PROVIDER (collectively “MANAGEMENT”) AND ALL OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, ASSIGNS AND AGENTS, FROM ANY AND ALL CLAIMS THAT THE USER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE EVENT, INCLUDING ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OF MANAGEMENT OR MANAGEMENT’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AGENTS.

CANCELLATIONS; REFUNDS; EVENT DATE AND TIME SUBJECT TO CHANGE

THE EVENT IS A RAIN OR SHINE NONREFUNDABLE EVENT AND ALL SALES ARE FINAL. WEATHER OR ANY OTHER FACTOR MAY MAKE THE EVENT IMPOSSIBLE AND/OR UNSAFE TO PRODUCE OR COMPLETE AS SCHEDULED, IN WHOLE OR IN PART. IF THE EVENT IS CANCELLED, POSTPONED OR RESCHEDULED, IN WHOLE OR IN PART, WE WILL ISSUE INSTRUCTIONS SHORTLY THEREAFTER. A TICKET TO THE EVENT IS NOT FOR A SPECIFIC ARTIST OR ASPECT OF THE EVENT. ARTISTS, SCHEDULES, PRODUCTION ELEMENTS, VENDORS, AMENITIES, AND ALL OTHER ASPECTS OF THE EVENT ARE SUBJECT TO CHANGE AND/OR CANCEL FOR ANY OR NO REASON WITHOUT NOTICE AND WITHOUT GROUNDS FOR REFUND.

IF THE EVENT IS RESCHEDULED OR CANCELLED, USER SHALL NOT BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW. INSTEAD, USER SHALL HAVE THE RIGHT, EXCEPT AS OTHERWISE PROVIDED, (1) IF THE EVENT IS RESCHEDULED TO A DATE AND TIME WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO USE THE TICKET TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME, OR (2) IF THE EVENT IS NOT RESCHEDULED WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO EXCHANGE THE TICKET FOR ANOTHER TICKET, COMPARABLE IN PRICE, TO ANOTHER EVENT THAT IS DESIGNATED BY MANAGEMENT AS THE OFFICIAL REPLACEMENT EVENT FOR THE CANCELLED EVENT.
TICKETS ARE NOT SUBJECT TO ANY REFUND, BEAR NO CASH VALUE, AND ARE NOT REDEEMABLE FOR CASH. TICKETS ARE NOT SUBJECT TO EXCHANGE. IF ISSUED AS A COMPLIMENTARY TICKET, THIS TICKET IS NOT EXCHANGEABLE OR REDEEMABLE FOR ANOTHER TICKET OR WRISTBAND TO ANY OTHER EVENT OR PERFORMANCE OR FOR ANY OTHER CONSIDERATION, MONETARY OR OTHERWISE. TICKETS OBTAINED FROM UNAUTHORIZED SOURCES MAY BE COUNTERFEIT AND WORTHLESS. TICKETS CANNOT BE REPLACED IF LOST, STOLEN OR DESTROYED, AND ARE VALID ONLY FOR THE EVENT. IT IS UNLAWFUL TO REPRODUCE THIS TICKET IN ANY FORM.

PAYMENT PLANS

AS A CONVENIENCE, THE EVENT IS OFFERING ON A LIMITED BASIS, AND TO A LIMITED NUMBER OF PARTICIPANTS, THE OPTION TO PAY FOR TICKETS TO THE EVENT IN INSTALLMENTS VIA A PAYMENT PLAN (THE “PAYMENT PLAN”). THE PAYMENT PLAN ALLOWS FOR INSTALLMENTS PAYABLE OVER A FIXED PERIOD OF TIME AS SPECIFIED, AND PURSUANT TO THE APPLICABLE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. THE TOTAL SUM OF THE PAYMENT PLAN INCLUDES THE FACE VALUE OF THE TICKET AND ALL APPLICABLE TAXES AND FEES; INCLUDING CREDIT CARD AND PROCESSING FEES.

THE PAYMENT PLAN SHALL BE PAID IN 3 MONTHLY INSTALLMENTS AS FOLLOWS: (I) PAYMENT 1 IS DUE UPON ENROLLING INTO THE PAYMENT PLAN, AND THAT AMOUNT MAY BE HIGHER THAN THE REMAINING INSTALLMENTS DEPENDENT UPON VALUE OF TICKET AT TIME OF PURCHASE AND (II) PAYMENTS 2 AND 3 ARE DUE ON THE THIRD DAY OF EACH MONTH THEREAFTER AND MUST BE PAID IN FULL PRIOR TO THE DATE THE EVENT STARTS (JUNE 19, 2020). IN THE EVENT THAT THE PURCHASER IS UNABLE TO COMPLETE THE INSTALLMENTS ON THE PAYMENT PLAN, PURCHASER ACKNOWLEDGES AND AGREES THAT ALL PAYMENTS ARE FINAL AND REFUNDS FOR PARTIAL PAYMENTS WILL NOT BE GRANTED. PURCHASER ACKNOWLEDGES AND AGREES THAT, UNTIL ALL PAYMENTS REQUIRED HEREUNDER ARE MADE IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH HEREIN, PURCHASER’S ENROLLMENT AND PARTICIPATION IN THE PAYMENT PLAN OPERATES ONLY AS A TICKET RESERVATION AND NOT AS AN ACTUAL TICKET PURCHASE. DURING THE TERM OF THE PAYMENT PLAN, PURCHASER’S TICKET ORDER SHALL BE RESERVED UNTIL FINAL PAYMENT IS MADE AND RECEIVED, AND ONLY AT SUCH TIME, SHALL PURCHASER’S TICKETS BE DEEMED TO HAVE BEEN OFFICIALLY PURCHASED. SUCH PURCHASE SHALL THEN BE SCHEDULED FOR DELIVERY IN ACCORDANCE WITH EVENT’S STANDARD SHIPPING, DELIVERY AND PICK-UP RULES, TERMS AND CONDITIONS.

RESERVATION OF MANAGEMENT’S RIGHTS

MANAGEMENT RESERVES THE RIGHT TO REFUSE ADMISSION TO OR EJECT ANY PERSON WHOSE CONDUCT IS DEEMED BY MANAGEMENT, AT MANAGEMENT’S SOLE DISCRETION, TO BE UNDESIRABLE, INCLUDING (BUT NOT LIMITED TO) DISORDERLY CONDUCT, USE OF VULGAR OR ABUSIVE LANGUAGE, OR FAILURE TO FOLLOW MANAGEMENT OR FACILITY RULES AND DIRECTIONS. UNDESIRABLE CONDUCT OF ANY OF THE TYPES EXPRESSLY LISTED ABOVE WILL AUTOMATICALLY TERMINATE THIS LICENSE AND ALL RIGHTS OF USER. THE EXERCISE OF MANAGEMENT’S EJECTION RIGHTS HEREUNDER DOES NOT ENTITLE USER TO A REFUND OF THE WRISTBAND OR ANY PART THEREOF. A TICKET IS A REVOCABLE LICENSE AND ADMISSION MAY BE REFUSED UPON REFUNDING THE FACE AMOUNT OF THE TICKET, AT MANAGEMENT’S DISCRETION.

COMPLIANCE WITH RULES

USER AGREES TO COMPLY WITH ALL LOCAL, EVENT OR VENUE RULES THAT PROHIBIT OR LIMIT ALCOHOLIC BEVERAGES, ILLEGAL DRUGS, CONTROLLED SUBSTANCES, CAMERAS, RECORDING DEVICES, BUNDLES, WEAPONS, FIREWORKS, PETS (EXCEPT FOR SERVICE ANIMALS) AND CONTAINERS OF ANY KIND FROM BEING BROUGHT INTO THE EVENT PREMISES. WRISTBANDS MAY NOT BE USED FOR ANY FORM OF COMMERCIAL OR TRADE PURPOSES, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, PROMOTIONS, CONTESTS OR SWEEPSTAKES, WITHOUT THE EXPRESS WRITTEN PERMISSION OF MANAGEMENT.

MINORS & PARENTS/GUARDIANS OF MINORS

USERS UNDER THE AGE OF 16 MAY ONLY ATTEND THE EVENT ACCOMPANIED BY SOMEONE WHO IS 18 OR OLDER AND ACKNOWLEDGES THAT HIS/HER PARENT OR GUARDIAN HAS REVIEWED, UNDERSTOOD AND AGREED TO THE TERMS BELOW. PARENTS/GUARDIANS OF USER ACKNOWLEDGE THAT THEY HAVE REVIEWED, UNDERSTOOD AND AGREED TO THESE TERMS (SUCH TERMS BEING INTERPRETED AS IF THEY APPLIED BOTH TO THEM AND THEIR MINOR CHILD/WARD). MUST BE 13 OR OLDER TO PURCHASE A TICKET TO THE EVENT.

WAIVER

  • USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE ACTIVITIES OF THE EVENT, INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE, THAT THIS AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF SOUTH CAROLINA, AND THAT IF ANY PORTION IS HELD INVALID, THE BALANCE SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT
  • USER VOLUNTARILY, KNOWINGLY AND FREELY ASSUMES ALL RISKS ASSOCIATED WITH ATTENDING THE EVENT AND/OR ENTERING THE PREMISES, INCLUDING, BUT NOT LIMITED TO, USER’S OWN ACTIONS OR INACTIONS (OR THE ACTIONS/INACTIONS OF USER’S MINOR CHILD/WARD), THE ACTIONS OR INACTIONS OF OTHERS (INCLUDING EVENT ATTENDEES, STAFF OR VOLUNTEERS), INJURIES, ILLNESS, CONTACT WITH OTHERS (INCLUDING EVENT ATTENDEES, STAFF OR VOLUNTEERS), ARTISTS’ USE OF STROBE LIGHTS, PREMISES DEFECTS AND THE EFFECTS OF WEATHER, INCLUDING HEAT AND/OR HUMIDITY
  • USER AGREES TO OBSERVE AND OBEY ALL POSTED RULES AND WARNINGS, TO FOLLOW ANY INSTRUCTIONS OR DIRECTIONS GIVEN BY MANAGEMENT AND TO ABIDE BY ANY DECISION OF ANY EVENT OFFICIAL RELATIVE TO USER’S ABILITY TO SAFELY ATTEND THE EVENT.
  • USER CERTIFIES THAT USER HAS NO MEDICAL CONDITION THAT WOULD MAKE ATTENDANCE AT THE EVENT MORE HAZARDOUS.
  • USER AGREES THAT IF USER CHOOSE TO CONSUME ALCOHOLIC BEVERAGES, HE/SHE WILL DO SO RESPONSIBLY AND IF OVER THE AGE OF TWENTY-ONE (21).
  • USER CONSENTS TO MEDICAL CARE AND TRANSPORTATION IN ORDER TO OBTAIN TREATMENT IN THE EVENT OF INJURY AS MANAGEMENT, VOLUNTEERS OR MEDICAL PROFESSIONALS MAY DEEM APPROPRIATE AND UNDERSTAND THAT THIS WAIVER EXTENDS TO ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MEDICAL TREATMENT AND TRANSPORTATION PROVIDED IN THE EVENT OF AN EMERGENCY AND/OR INJURY.
  • USER UNDERSTANDS AND AGREES THAT USER IS EXPECTED TO EXHIBIT APPROPRIATE BEHAVIOR AND TO OBEY ALL LOCAL, STATE AND FEDERAL CIVIL AND CRIMINAL LAWS WHILE ATTENDING THE EVENT OR ON THE PREMISES. THIS INCLUDES RESPECT FOR OTHER PEOPLE, EQUIPMENT, FACILITIES OR PROPERTY. MANAGEMENT MAY DISMISS USER, WITHOUT REFUND, SHOULD USER’S BEHAVIOR ENDANGER THE SAFETY OF OR NEGATIVELY AFFECT THE EVENT, PREMISES OR ANY PERSON, FACILITY OR PROPERTY. USER AGREES TO INDEMNIFY MANAGEMENT FROM ANY AND ALL THIRD-PARTY CLAIMS CAUSED IN WHOLE OR IN PART BY USER’S NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS.
  • USER UNDERSTANDS AND AGREES THAT MANAGEMENT IS NOT RESPONSIBLE FOR ANY PERSONAL ITEM OR PROPERTY THAT IS LOST, DAMAGED OR STOLEN AT THE EVENT OR ON THE PREMISES.
  • USER UNDERSTANDS AND AGREES THAT THE SALE OF UNAUTHORIZED MERCHANDISE IS NOT PERMITTED, AND USER MAY BE DISMISSED FROM THE EVENT AND THE PREMISES FOR SELLING SUCH MERCHANDISE.
  • USER RECOGNIZES AND ACKNOWLEDGES THAT THERE ARE HAZARDS AND RISKS OF PHYSICAL INJURY OR ILLNESS TO EVENT ATTENDEES AND THAT NOT ALL SUCH HAZARDS OR RISKS CAN BE FULLY ELIMINATED. USER FREELY AND VOLUNTARILY AGREES TO ASSUME THE FULL RISK OF DEATH, BODILY INJURY OR PROPERTY DAMAGE, REGARDLESS OF SEVERITY, THAT USER (OR USER’S CHILD/WARD) MAY SUSTAIN AS A RESULT OF ATTENDING THE EVENT OR WHILE ON THE PREMISES, WHETHER OR NOT CAUSED BY MANAGEMENT’S NEGLIGENCE.
  • USER INDEMNIFIES AND HOLDS MANAGEMENT HARMLESS FROM ANY LOSS, LIABILITY, DAMAGE OR COST USER MAY INCUR WHILE AT THE EVENT OR ON THE PREMISES, WHETHER OR NOT CAUSED BY MANAGEMENT’S NEGLIGENCE.
  • USER RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE MANAGEMENT FROM ALL LIABILITY TO USER, USER’S PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS AND NEXT OF KIN, FOR ANY CLAIMS, CAUSES OF ACTION, OBLIGATIONS, LAWSUITS, CHARGES, COMPLAINTS, CONTROVERSIES, DAMAGES, COSTS OR EXPENSES OF WHATSOEVER KIND, NATURE, OR DESCRIPTION, WHETHER DIRECT OR INDIRECT, IN LAW OR IN EQUITY, IN CONTRACT OR IN TORT, OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR CONNECTED WITH USER’S (OR USER’S CHILD’S/WARD’S) ATTENDANCE AT THE EVENT OR WHILE ON THE PREMISES, WHETHER OR NOT CAUSED BY MANAGEMENT’S NEGLIGENCE.

PUBLICITY RELEASE

BY ATTENDING THE EVENT, YOU HEREBY IRREVOCABLY GRANT TO THE COMPANY AND ITS MEMBERS, MANAGERS, OWNERS AND AFFILIATES (COLLECTIVELY, THE “PROMOTERS”) AND EACH OF THEIR RESPECTIVE MEMBERS, DESIGNEES, SUCCESSORS, ASSIGNS AND LICENSEES, THE RIGHT TO FILM AND OTHERWISE RECORD YOU AND USE YOUR NAME, IMAGE, LIKENESS, ACTIONS AND STATEMENTS IN ANY AND ALL MEDIA (INCLUDING, WITHOUT LIMITATION, LIVE OR RECORDED AUDIO, VIDEO, FILM, WEBCAST, STREAM OR OTHER TRANSMISSION, EXHIBITION, SIMULCAST OR REPRODUCTION MADE OF, OR AT, THE EVENT) FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, ADVERTISING AND PROMOTIONAL PURPOSES AS WELL AS IN, ON OR IN CONNECTION WITH FUTURE EVENTS AND/OR OTHER EVENTS PRODUCED BY ANY OF THE PROMOTERS AND HEREBY RELEASE EACH OF THE PROMOTERS AND EACH OF THEIR RESPECTIVE DESIGNEES, SUCCESSORS, ASSIGNS AND LICENSEES FROM ANY LIABILITY WITH RESPECT THERETO.

OWNERSHIP AND USE OF EVENT’S INTELLECTUAL PROPERTY

THE COMPANY OWNS THE TRADEMARKS, IMAGERY, NAME, LIKENESS, AND TRADE DRESS OF THE EVENT (COLLECTIVELY, THE “EVENT INTELLECTUAL PROPERTY”) AND GENERALLY DOES NOT PERMIT THE USE OF THE EVENT INTELLECTUAL PROPERTY BY THIRD PARTIES. YOU AGREE NOT TO MAKE USE OF THE EVENT INTELLECTUAL PROPERTY EXCEPT FOR NOMINATIVE FAIR USE OR WITH PRIOR WRITTEN PERMISSION FROM THE COMPANY.

NO LIVE AUDIO OR VIDEO STREAMING OR BROADCASTS

THE COMPANY RETAINS ALL WEBCAST/INTERNET RIGHTS TO THE EVENT. ANY LIVE STREAMS OR BROADCASTS, WHETHER FOR INTERNET OR OTHERWISE, FROM THE EVENT MUST BE SPECIFICALLY AGREED TO IN ADVANCE WITH THE EVENT PRODUCER. NO ONE MAY TRANSMIT, BROADCAST, OR COMMUNICATE ANY LIVE AUDIO OR AUDIOVISUAL IMAGES FROM THE EVENT SITE WITHOUT OUR PRIOR WRITTEN PERMISSION. EVEN IF YOU ARE A PERFORMER OR SPONSOR, THE BROADCASTING, DISPLAYING, OR COMMUNICATING ANY LIVE AUDIO OR AUDIOVISUAL IMAGES (WHETHER FOR PERSONAL, COMMERCIAL, OR OTHER USE) IS EXPRESSLY PROHIBITED, WITHOUT OUR PRIOR WRITTEN PERMISSION.

AUDIO AND/OR VIDEO RECORDINGS AND RELATED EQUIPMENT

WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION, YOU MAY NOT BRING ANY AUDIO OR VIDEO RECORDING DEVICES (EXCEPT FOR PERSONAL CELL PHONES) INTO THE EVENT.

PHOTOGRAPHY AND VIDEO / EQUIPMENT

YOU MAY BRING PERSONAL, NON-COMMERCIAL, PHOTOGRAPHY DEVICES INTO THE EVENT AND MAY USE THESE DEVICES TO OBTAIN SHORT-FORM VIDEO AND STILL PHOTOGRAPHS (COLLECTIVELY “PERSONAL CONTENT”). BY WAY OF EXAMPLE, PERSONAL, NON-COMMERCIAL, PHOTOGRAPHY AND VIDEO DEVICES INCLUDE, BUT ARE NOT LIMITED TO, CELL PHONES, SMALL DIGITAL OR FILM CAMERAS (WITHOUT A DETACHABLE LENS).
WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION, YOU MAY NOT BRING ANY OF THE FOLLOWING DEVICES INTO THE EVENT: ANY PHOTOGRAPHY DEVICE WHICH IS DESIGNED FOR, OR SUITABLE FOR, ANY COMMERCIAL PURPOSE, SELFIE STICKS, TRIPODS, MONOPODS, BOOM ARMS, ANY DEVICE WHICH COULD BE USED TO MOUNT OR HOLD A PHOTOGRAPHY DEVICE OR COULD BE USED TO EXTEND YOUR REACH. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO PROHIBIT ANY DEVICE IT BELIEVES MAY BE USED IN VIOLATION OF THESE TERMS, WHICH IT BELIEVES POSES A SAFETY RISK, OR WHICH IT BELIEVES MAY LESSEN THE ENJOYMENT OF THE EVENT BY OTHERS.
YOU MAY NOT MAKE ANY COMMERCIAL USE OF ANY PERSONAL CONTENT WITHOUT OUR PRIOR WRITTEN PERMISSION. BY WAY OF EXAMPLE, COMMERCIAL USE MAY INCLUDE, BUT IS NOT LIMITED TO, POSTING PERSONAL CONTENT ON A WEBSITE THAT SELLS A PRODUCT, OR DISPLAYS ANY ADS OR SPONSORED LINKS; USING OR CAUSING PERSONAL CONTENT TO APPEAR IN ANY PUBLICATION, MAGAZINE, SERIAL, OR BOOK; USING PERSONAL CONTENT TO SELL, SPONSOR, OR ENDORSE A PRODUCT; OR USING PERSONAL CONTENT ON ANY WEBSITE THAT IS OR APPEARS TO BE AFFILIATED OR ASSOCIATED WITH, OR SPONSORED BY THE EVENT OR THE COMPANY. THE COMPANY RESERVES THE RIGHT TO PROHIBIT ANY USE OF PERSONAL CONTENT WHICH IT BELIEVES IS IN VIOLATION OF THE TERMS AND IN ITS SOLE DISCRETION MAY DETERMINE WHAT CONSTITUTES A COMMERCIAL USE NOT PERMITTED BY THE TERMS.
YOU MAY USE PERSONAL CONTENT FOR YOUR OWN DIRECT, NONCOMMERCIAL, USE. EXAMPLES OF DIRECT, NONCOMMERCIAL USE INCLUDE, BUT ARE NOT LIMITED TO, POSTING PERSONAL CONTENT ON YOUR OWN PERSONAL SOCIAL MEDIA ACCOUNT (E.G., FACEBOOK, INSTAGRAM, OR TWITTER); POSTING PERSONAL CONTENT TO PERSONAL WEBSITE OR PERSONAL CONTENT SHARING SITE (E.G., FLIKR OR PHOTOBUCKET) (UNLESS THE ACCOUNT, PERSONAL WEBSITE OR PERSONAL CONTENT SHARING SITE IS AFFILIATED OR ASSOCIATED WITH A COMMERCIAL USE); AND SHARING PERSONAL CONTENT WITH YOUR PERSONAL FRIENDS OR FAMILY (WHETHER IN ELECTRONIC OR PHYSICAL MEDIA). DIRECT, NONCOMMERCIAL, USE NEVER INVOLVES POSTING OF PERSONAL CONTENT ON ANY WEBSITE OR SERVER, OR IN ANY OTHER MEDIA WHETHER ELECTRONIC OR PHYSICAL, WHICH SELLS ANY PRODUCT OR SERVICE, OR FEATURES OR CONTAINS ANY ADVERTISEMENTS OR SPONSORED LINKS, OR WHICH PURPORTS OR APPEARS IN ANY WAY, TO BE AN OFFICIAL OR AFFILIATED WEBSITE OF THE EVENT OR THE COMPANY. WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION, YOU MAY NOT SELL, TRANSFER, LICENSE, SUBLICENSE, GIVE OR OTHERWISE TRANSFER ANY PERSONAL CONTENT OR OWNERSHIP THEREIN.
PERSONAL CONTENT THAT CONTAINS ANY NUDITY OR PARTIAL NUDITY OR FOOTAGE OF EVENT ARTIST PERFORMANCES MAY NOT BE USED FOR ANY PURPOSE.

ASSIGNMENT OF COPYRIGHTS

UNLESS OTHERWISE EXPRESSLY AGREED TO IN WRITING BY US, YOU ASSIGN TO COMPANY THE EXCLUSIVE OWNERSHIP TO YOUR PERSONAL CONTENT AND TO ANY AUDIO RECORDINGS YOU TAKE AT THE EVENT. THE COMPANY MAY EXECUTE ANY ASSIGNMENT DOCUMENTS ON YOUR BEHALF AS NECESSARY TO PERFECT COMPANY’S OWNERSHIP, AND YOU APPOINTS COMPANY AS YOUR ATTORNEY-IN-FACT TO EXECUTE ANY SUCH DOCUMENTS FOR YOU. YOU FURTHER ACKNOWLEDGE, AGREE TO, AND CONSENT TO COMPANY REGISTERING THE COPYRIGHT WITH ONE OR MORE COPYRIGHT AUTHORITIES, INCLUDING BUT NOT LIMITED TO THE UNITED STATES COPYRIGHT OFFICE, AND LISTING YOUR CONTRIBUTION AS ANONYMOUS.
THE COMPANY, AS THE COPYRIGHT OWNER, HAS THE RIGHT, BUT NOT THE OBLIGATION, AND AT ITS SOLE DISCRETION, TO ENFORCE ITS COPYRIGHT RIGHTS IN ANY PERSONAL CONTENT OR AUDIO OR VIDEO RECORDINGS TAKEN AT THE EVENT NOT PERMITTED BY THE TERMS.
THE COMPANY ASSIGNS TO YOU THE NON-EXCLUSIVE RIGHT TO USE YOUR PERSONAL CONTENT FOR YOUR OWN DIRECT, NONCOMMERCIAL, USE AS PERMITTED IN THE TERMS. ALL OTHER RIGHTS NOT ASSIGNED BY US TO YOU ARE RETAINED BY US. ANY VIOLATION OF THE TERMS SHALL BE GROUNDS FOR US TO CANCEL THE ASSIGNMENT TO YOU.

REPRESENTATIONS AND WARRANTIES

WITHOUT LIMITING ANYTHING SET FORTH IN THIS POLICY, YOU HEREBY REPRESENT AND WARRANT THAT (A) YOU WILL NOT VIOLATE ANY APPLICABLE LAWS, ORDINANCES AND/OR REGULATIONS AT OR IN CONNECTION WITH THE EVENT AND/OR ACTIVITIES CORRESPONDING TO YOUR TRANSACTIONS WITH US AND/OR VIA THE WEBSITE; (B) YOU ARE OF SUFFICIENT LEGAL AGE AND AUTHORITY TO ENTER INTO ANY TRANSACTION WITH US AND/OR VIA THE WEBSITE, TO ATTEND THE EVENT, AND TO CREATE LEGAL BINDING OBLIGATIONS FOR ANY LIABILITY YOU MAY INCUR AS A RESULT OF ENTERING INTO THIS POLICY; (C) YOU ARE AN AUTHORIZED USER OF THE CREDIT OR DEBIT CARD USED ENTER INTO ANY TRANSACTION WITH US AND/OR VIA THE WEBSITE; (D) YOU SHALL AT ALL TIMES BE IN COMPLIANCE WITH ANY AND ALL TERMS, CONDITIONS, POLICIES AND RULES SET FORTH BY US AND/OR ANY APPLICABLE THIRD PARTY; (E) YOU HAVE OBTAINED ANY AND ALL PASSPORTS, VISAS, HEALTH INFORMATION AND/OR OTHER PERMISSION NECESSARY IN CONNECTION WITH YOUR TRANSACTION WITH US AND/OR VIA THE WEBSITE; AND (F) YOU WILL NOT ATTEMPT TO CHARGE BACK YOUR PURCHASE WITH YOUR BANK OR CREDIT CARD COMPANY.

DISCLAIMERS

ALL PRODUCTS, GOODS AND SERVICES IN CONNECTION WITH THE EVENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EACH OF THE PROMOTERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. YOU ACKNOWLEDGE AND AGREE THAT BY PURCHASING A TICKET TO THE EVENT AND/OR ATTENDING THE EVENT AND/OR USING ANY CORRESPONDING AMENITY, YOU MAY BE ENGAGING IN ACTIVITIES THAT MAY INVOLVE RISK OF SERIOUS INJURY, INCLUDING PERMANENT DISABILITY AND DEATH, PROPERTY LOSS AND SEVERE SOCIAL AND ECONOMIC LOSSES. THESE RISKS INCLUDE, WITHOUT LIMITATION, THOSE CAUSED BY OR IN CONNECTION WITH: (A) THE ACTIONS, INACTIONS OR NEGLIGENCE OF A THIRD PARTY, AND PARTICIPANTS, VOLUNTEERS, PERFORMERS, GUESTS AND SPECTATORS AT THE EVENT; (B) CONDITIONS OF ANY PREMISES OR EQUIPMENT USED; (C) TEMPERATURE AND/OR WEATHER; (D) CONDITION OF OTHER PARTICIPANTS OR GUESTS; (E) VEHICULAR TRAFFIC; (F) OFFENSIVE LANGUAGE OR OTHER VULGAR OR OBSCENE MATERIAL OR ACTIONS; AND (G) OTHER RISKS THAT ARE NOT KNOWN OR FORESEEABLE AT THIS TIME.

LOUD MUSIC AND SPECIAL EFFECTS WARNING

ATTENDEES OF THE EVENT MAY BE SUBJECT TO EXTREMELY LOUD MUSIC AND SOUNDS, AS WELL AS, STROBE, HYDRO, PYROTECHNIC, ANIMATRONIC, LIGHTING AND OTHER SPECIAL EFFECTS, INCLUDING, WITHOUT LIMITATION, FLASHING LIGHTS, RAPIDLY CHANGING OR ALTERNATING IMAGES, THE USE OF FOG, HAZE OR SMOKE WITH THEATRICAL STAGE LIGHTING, LASER PROJECTIONS AND FIREWORKS. WOMEN WHO ARE PREGNANT AND/OR INDIVIDUALS WHO SUFFER FROM CERTAIN HEALTH CONDITIONS, INCLUDING SEIZURES, LIGHT SENSITIVITY OR ANY OTHER HEALTH CONDITION THAT COULD BE AGGRAVATED BY THESE SPECIAL EFFECTS SHOULD CONSIDER THIS WARNING BEFORE ENTERING OR REMAINING ON THE EVENT PREMISES, AS SUCH SPECIAL EFFECTS MAY CAUSE OR INDUCE SEIZURES, DIMINISHED OR HEARING LOSS AND OTHER HEALTH CONDITIONS.

RELEASE AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN WHOLE OR IN PART, NONE OF THE PROMOTERS, PREMISES OWNER, SPONSORS, ARTISTS, AND TICKETING PROVIDER NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AND/OR ITS OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) WILL BE LIABLE FOR, AND YOU HEREBY RELEASE THE RELEASEES FROM AND AGREE NOT TO SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR PRODUCTS, GOODS AND/OR SERVICES OFFERED AT OR IN CONNECTION WITH THE EVENT, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO COMPANY FOR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES.
ALL THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF COMPANY. THE PROMOTERS ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE PROMOTERS HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR TRANSACTION WITH COMPANY AND/OR ANY OF THE PROMOTERS AND/OR USE OF THE WEBSITE; (B) YOUR VIOLATION OR BREACH, OR ALLEGED VIOLATION OR BREACH, OF THIS POLICY, INCLUDING, WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS, COVENANTS, ACKNOWLEDGMENTS AND AGREEMENTS HEREIN; AND/OR (C) YOUR ATTENDANCE AT OR IN CONNECTION WITH THE EVENT, INCLUDING, WITHOUT LIMITATION, ANY REMOVAL BEHAVIOR OR OTHER ACTIONS OR OMISSIONS BY YOU.

GOVERNING LAW

THIS POLICY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH NORTH CAROLINA STATE LAWS. ANY DISPUTE UNDER THIS POLICY SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF NORTH CAROLINA AND, BY MAKING ANY TRANSACTION, INCLUDING, WITHOUT LIMITATION, THE PURCHASE OF ANY TICKET TO THE EVENT, YOU HEREBY SUBMIT TO THE JURISDICTION OF SUCH COURTS FOR SUCH PURPOSES AND WAIVE ANY AND ALL OBJECTIONS AS TO JURISDICTION OR VENUE IN SUCH COURTS.

MISCELLANEOUS

NOTHING CONTAINED IN THIS POLICY WILL BE DEEMED TO CONSTITUTE EITHER PARTY AS THE AGENT OR REPRESENTATIVE OF THE OTHER PARTY, OR BOTH PARTIES AS JOINT VENTURERS OR PARTNERS FOR ANY PURPOSE. YOU MAY NOT ASSIGN, DELEGATE OR TRANSFER YOUR RIGHTS, IF ANY, OR OBLIGATIONS UNDER THIS POLICY. COMPANY AND THE PROMOTERS MAY ASSIGN THEIR RIGHTS AND DUTIES UNDER THIS POLICY WITHOUT SUCH ASSIGNMENT BEING CONSIDERED A CHANGE TO THE POLICY AND WITHOUT NOTICE TO YOU. THE TERMS AND CONDITIONS SET FORTH IN THIS POLICY REPRESENT THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND COMPANY RELATING TO THE PRECISE SUBJECT MATTER HEREIN AND SUPERSEDE ANY AND ALL PRIOR STATEMENTS, UNDERSTANDINGS OR AGREEMENTS WHETHER ORAL OR WRITTEN, AND SHALL NOT BE MODIFIED EXCEPT IN WRITING, SIGNED BY COMPANY. ANY WAIVER OF ANY PROVISION OF THESE TERMS MUST BE IN WRITING SIGNED BY COMPANY TO BE VALID. A WAIVER OF ANY PROVISION HEREUNDER SHALL NOT OPERATE AS A WAIVER OF ANY OTHER PROVISION, OR A CONTINUING WAIVER OF THE SAME PROVISION IN THE FUTURE. IF ANY COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THESE TERMS TO BE VOID OR UNENFORCEABLE FOR ANY REASON THEN SUCH PROVISION SHALL BE INEFFECTIVE TO THE EXTENT OF THE COURT’S FINDING WITHOUT AFFECTING THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

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