Terms and Conditions
These
Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an
entity (“you”) and Primo Ticketing LLC
, doing business as
Primo Ticketing
("
Primo Ticketing
", “we”,
“us”, or “our”),
concerning your access to and use of the https://primoticketing.com
website as well as any other media form, media
channel, mobile website or mobile application related,
linked, or otherwise connected thereto (collectively,
the “Site”). You agree that by accessing the Site, you
have read, understood, and agreed to be bound by all of
these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF
THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on
the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right,
in our sole discretion, to make changes or modifications
to these Terms of Use at any time and for any reason. We
will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any
right to receive specific notice of each such change. It
is your responsibility to periodically review these
Terms of Use to stay informed of updates. You will be
subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised
Terms of Use by your continued use of the Site after the
date such revised Terms of Use are posted.
The
information provided on the Site is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would
subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on
their own initiative and are solely responsible for
compliance with local laws, if and to the extent local
laws are applicable.
The
Site
is not tailored to comply with industry-specific
regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you
may not use this Site. You may not use the Site in a
way that would violate the Gramm-Leach-Bliley Act
(GLBA).
Unless
otherwise
indicated, the Site is our proprietary property and all
source code, databases,
functionality, software, website designs, audio, video,
text, photographs, and
graphics on the Site (collectively, the “Content”) and
the trademarks, service
marks, and logos contained therein (the “Marks”) are
owned or controlled by us or
licensed to us, and are protected by copyright and
trademark laws and various
other intellectual property rights and unfair
competition laws of the United
States, international copyright laws, and international
conventions. The Content and the Marks are provided on
the
Site “AS IS” for your information and personal use only.
Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may
be copied, reproduced,
aggregated, republished, uploaded, posted, publicly
displayed, encoded,
translated, transmitted, distributed, sold, licensed, or
otherwise exploited
for any commercial purpose whatsoever, without our
express prior written
permission.
Provided
that you
are eligible to use the Site, you are granted a limited
license to access and
use the Site and to download or print a copy of any
portion of the Content to
which you have properly gained access solely for your
personal, non-commercial
use. We reserve all rights not expressly granted to you
in and to the Site, the Content and the Marks.
By
using the Site, you represent and warrant that:
(1)
you have the legal capacity and you agree to comply
with these Terms of Use;
(2)
you are not a
minor in the jurisdiction in which you reside
; (
3)
you will not access the Site
through automated or non-human means, whether
through a bot, script or
otherwise; (4)
you will not use the Site for any illegal or
unauthorized
purpose; and (5)
your use of the Site
will not violate any applicable law or
regulation.
If
you provide any information that is untrue,
inaccurate, not current, or incomplete, we have
the right to suspend or terminate your account
and refuse any and all current or future use of
the Site (or any portion thereof).
We
accept the following forms of payment:
You
agree to provide current, complete, and accurate
purchase and account information for all purchases made
via the Site. You further agree to promptly update
account and payment information, including email
address, payment method, and payment card expiration
date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the
price of purchases as deemed required by us. We may
change prices at any time. All payments shall
be in
U.S. dollars .
You
agree to pay all charges at the prices then in effect
for your purchases and any applicable shipping fees, and
you authorize us to charge your chosen payment provider
for any such amounts upon placing your order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have
already requested or
received payment.
We
reserve the
right to refuse any order placed through the Site. We
may, in our sole discretion, limit or
cancel quantities purchased per person, per household,
or per order. These restrictions may include orders
placed
by or under the same customer account, the same payment
method, and/or orders
that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in
our sole
judgment, appear to be placed by dealers, resellers, or
distributors.
All
sales are final and no refund will be
issued.
You
may not access or use the Site for any purpose other
than that for which we make the Site available. The
Site may not be used in connection with any
commercial endeavors except those that are
specifically endorsed or approved by us.
As
a user of the Site, you agree not
to:
USER
GENERATED
CONTRIBUTIONS
1. The
creation, distribution, transmission, public
display, or performance, and the accessing,
downloading, or copying of your Contributions do
not and will not infringe the proprietary
rights, including but not limited to the
copyright, patent, trademark, trade secret, or
moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any
use of the Site or the Marketplace
Offerings in violation of the foregoing
violates these Terms of Use and may
result in, among other things,
termination or suspension of your rights
to use the Site and the Marketplace
Offerings.
CONTRIBUTION
LICENSE
You
and Site agree that we may access, store, process,
and use any information and personal data that you
provide following the terms of the Privacy Policy
and your choices (including settings).
By
submitting suggestions or other feedback regarding the
Site, you agree that we can use and share such feedback
for any purpose without compensation to you.
We
do not assert any ownership over your Contributions.
You retain full ownership of all of your
Contributions and any intellectual property rights
or other proprietary rights associated with your
Contributions. We are not liable for any statements
or representations in your Contributions provided by
you in any area on the Site. You are solely
responsible for your Contributions to the Site and
you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action
against us regarding your
Contributions.
SUBMISSIONS
You acknowledge and agree that
any questions, comments, suggestions, ideas, feedback, or
other information regarding the Site or the Marketplace
Offerings ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We
shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted
use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to
any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right
to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement
or misappropriation of any proprietary right in your
Submissions.
ADVERTISERS
We
allow advertisers to display their advertisements and
other information in certain areas of the Site, such as
sidebar advertisements or banner advertisements. If you
are an advertiser, you shall take full responsibility
for any advertisements you place on the Site and any
services provided on the Site or products sold through
those advertisements. Further, as an advertiser, you
warrant and represent that you possess all rights and
authority to place advertisements on the Site,
including, but not limited to, intellectual property
rights, publicity rights, and contractual rights.
We simply provide the space to
place such advertisements, and we have no other relationship
with advertisers.
SITE
MANAGEMENT
We reserve the right, but not
the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law
or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in
our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the
Site or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to
facilitate the proper functioning of the Site and the
Marketplace Offerings.
PRIVACY POLICY
We
care about data privacy and security. By using the Site
or the Marketplace Offerings, you agree to be bound by
our Privacy Policy posted on the Site, which is
incorporated into these Terms of Use. Please be advised
the Site and the Marketplace Offerings are hosted in
the United States
. If you access the Site or the Marketplace
Offerings from any other region of the world with laws
or other requirements governing personal data
collection, use, or disclosure that differ from
applicable laws in
the United States
, then through your continued use of the Site,
you are transferring your data to
the United States
, and you expressly consent to have your data
transferred to and processed in
the United States
.
TERM
AND TERMINATION
These
Terms of Use shall remain in full force and effect while
you use the Site. WITHOUT LIMITING ANY OTHER PROVISION
OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE
OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR
OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SITE AND THE
MARKETPLACE OFFERINGS OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you
are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take
appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at
our sole discretion without notice. However, we have no
obligation to update any information on our Site. We
also reserve the right to modify or discontinue all or
part of the Marketplace Offerings without notice at any
time. We will not be liable to you or any third party
for any modification, price change, suspension, or
discontinuance of the Site or the Marketplace
Offerings.
We
cannot guarantee the Site and the Marketplace Offerings
will be available at all times. We may experience
hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right
to change, revise, update, suspend, discontinue, or
otherwise modify the Site or the Marketplace Offerings
at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to
access or use the Site or the Marketplace Offerings
during any downtime or discontinuance of the Site or the
Marketplace Offerings. Nothing in these Terms of Use
will be construed to obligate us to maintain and support
the Site or the Marketplace Offerings or to supply any
corrections, updates, or releases in connection
therewith.
GOVERNING
LAW
These
Terms of Use and your use of the Site and the
Marketplace Offerings are governed by and construed in
accordance with the laws of
the State of Colorado
applicable to agreements made and to be entirely
performed within
the State of
Colorado
, without
regard to its conflict of law principles.
DISPUTE
RESOLUTION
Any legal action of whatever
nature brought by either you or us (collectively, the
"Parties" and individually, a "Party") shall be
commenced or prosecuted in the state and federal
courts
located in
La Plata ,
Colorado
, and
the Parties hereby consent to, and waive all defenses of
lack of personal jurisdiction and forum non conveniens
with respect to venue and jurisdiction in such state and federal
courts .
Application of the United Nations Convention on
Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are
excluded from these Terms of Use. In no event shall
any claim, action, or proceeding brought by either Party
related in any way to the Site be commenced more than
one (1) years after the
cause of action arose.
CORRECTIONS
There may be
information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the
Marketplace Offerings, including descriptions, pricing,
availability, and various other information. We reserve the
right to correct any errors, inaccuracies, or omissions and
to change or update the information on the Site at any time,
without prior notice.
DISCLAIMER
THE
SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR
THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU
TO US
DURING
THE
six (6)
mONTH
PERIOD PRIOR
TO ANY CAUSE
OF ACTION
ARISING
.
CERTAIN US
STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
INDEMNIFICATION
You
agree to
defend, indemnify, and hold us harmless, including our
subsidiaries,
affiliates, and all of our respective officers, agents,
partners, and
employees, from and against any loss, damage, liability,
claim, or demand, including
reasonable attorneys’ fees and expenses, made by any
third party due to or
arising out of:
(1) use of
the Site; (2) breach
of these Terms of Use; (3) any
breach of your representations and warranties set
forth in these Terms of Use; (4) your
violation of the rights of a third party, including
but not limited to intellectual property rights; or
(5) any
overt harmful act toward any other user of the Site
with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive defense and
control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it.
USER
DATA
We
will maintain
certain data that you transmit to the Site for the
purpose of managing the
performance of the Site, as well as data relating to
your use of the Site. Although we perform regular
routine backups
of data, you are solely responsible for all data that
you transmit or that
relates to any activity you have undertaken using the
Site. You agree
that we shall have no liability to you for any loss or
corruption of any such
data, and you hereby waive any right of action against
us arising from any such
loss or corruption of such data.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting
the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to
receive electronic communications, and you agree that
all agreements, notices, disclosures, and other
communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or
retention of non-electronic records, or to payments or
the granting of credits by any means other than
electronic means.
CALIFORNIA
USERS
AND RESIDENTS
If
any complaint
with us is not satisfactorily resolved, you can contact
the Complaint
Assistance Unit of the Division of Consumer Services of
the California
Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at
(800) 952-5210 or (916)
445-1254.
MISCELLANEOUS
These
Terms of Use and any policies or operating rules posted
by us on the Site or in respect to the Site constitute
the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to
others at any time. We shall not be responsible or
liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Terms of
Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision
is deemed severable from these Terms of Use and does not
affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership,
employment or agency relationship created between you
and us as a result of these Terms of Use or use of the
Site. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the
lack of signing by the parties hereto to execute these
Terms of Use.
CONTACT
US
In
order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site,
please contact us at:
Phone:
19709034064