1. ACKNOWLEDGMENT AND ACCEPTANCEOF TERMS OF SERVICE:
The following is a list of the terms specified in the Terms of Service agreement.
2. DESCRIPTION OF SERVICE:
American Sport Packages.com provides a one-call solution with bundles of services to the consumer. By choosing our services you understand that there is a premium charge included in the price for these services.
3. MODIFICATIONS TO TERMS OF SERVICE:
American Sport Packages.com may amend this Terms of Service at anytime, without notice to the user.
4. DISCLAIMER OF WARRANTIES:
THE WEB SITE AND ASSOCIATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND USER EXPRESSLY AGREES THAT USE OF THE WEB SITE AND ASSOCIATED SERVICES IS AT USER'S SOLE RISK. American Sport Packages.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEAND NON-INFRINGEMENT.
USER UNDERSTANDS AND AGREES THAT USER BEARS SOLE RESPONSIBILITY AND RISKFOR THE ACCURACY, RELIABILITY, CURRENTNESS OR COMPLETENESS OF THE INFORMATION, MATERIALS AND/OR DATA THAT USER DISPLAYS, DOWNLOADS OR OTHERWISE OBTAINS THROUGH THE USE OF THE WEB SITE AND ASSOCIATED SERVICES (“CONTENT”). USERWILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSSOF DATA RESULTING FROM DISPLAYING, DOWNLOADING OR OTHERWISE OBTAINING SUCH INFORMATION, MATERIALS AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, American Sport Packages.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITEOR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM American Sport Packages.com OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY OBLIGATIONON THE PART OF American Sport Packages.com NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONSMAY NOT APPLY.
5. LIMITATION OF LIABILITY:
American Sport Packages.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR IN CONNECTIONWITH
(a) ANY ERRORS, INACCURACIES, OMISSIONS. DEFECTS, UNTIMELINESS OR LACK OF AUTHENTICITY OF ANY CONTENTS ON THIS WEB SITE;
(b) THE USER’S USE OR INABILITY TO UTILIZE THIS WEB SITE OR ANY CONTENT THEREIN;
(c) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES;
(d) EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN PARAGRAPH 7 ABOVE, DEFECTS IN ANY GOODS, MATERIALS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE;
(e) UNAUTHORIZED TOTALLYTICKETS INC. TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA; OR
(f) ANY OTHER MATTER RELATING TO THE WEB SITE AND ASSOCIATED SERVICES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF American Sport Packages.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONOR EXCLUSION OF CERTAIN LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
6. NO RESALE OR COMMERCIAL USE OF THE SERVICES PROVIDED VIA THE WEB SITE:
User's right to use the Service is personal to User. User agrees not to reproduce, duplicate, copy, sell, resell, license or exploit the Web Site and associated services, or use the Web Site or associated services for any commercial purposes, except to engage in the purchase of entertainment packages and/or the purchaser sale of tickets via the Online Auction feature of the Web Site.
7. USER CONDUCT:
User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Web Site and associated services. User agrees to be solely responsible for User's actions while using the Service. User agrees not to (a) interfere with another User's use and enjoyment of the Web Site and associated services; (b) impersonate any person or entity, including but not limited to, an official, guide or host of American Sport Packages.com.; (c)falsely state or misrepresent User’s affiliation with a person or entity.
User further agrees not use the Service to post, promote or transmit any material (a) that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature; (b) that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; or (c) that is protected by copyright, trademark or other proprietary right of any third part
8. TERMINATION OF SERVICE:
User agrees that American Sport Packages.com may terminate User's use of the Service or refuse to allow future use of the Service, for any reason, including, with out limitation.
User acknowledges and agrees that termination of service under any provision of this TOS may be effected without prior notice. User acknowledges and agrees that immediately upon such termination, User shall immediately discontinue use and American Sport Packages.com of the Web Site and we may delete and discard all information and files in User's account and bar any further use of our site.
9. RETURNS AND EXCHANGES:
American Sport Packages reserves the right to cancel all orders that have not been shipped or processed. We have the final say on ticket availability and the buyer or "user" has no claim to the tickets until they receive them from us. All orders are final and orders can only be returned/exchanged if the event is cancelled (not postponed.)
10. SHIPPING:
TotallyTickets.net reserves the right to hold the tickets up to 1 week before the event. When a buyer pays shipping cost, that DOES NOT imply that your tickets will be shipped immediately.
11. CONSENT TO JURISDICTION AND FORUM SELECTION:
The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the State of Oklahoma. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the State of Oklahoma shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. |