8. IF ACCOUNT HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF ANY ACCOMPANYING MINOR(S), ACCOUNT HOLDER SHOULD IMMEDIATELY LEAVE THE FACILITY WITH SUCH ACCOMPANYING MINOR(S). ; (iv) the City Parties; (v) the Event promoter; (vi) the Ticket manufacturer, provider and/or agent; and (vii) all past, present and future affiliates, successors, assigns, players, managers, coaches, employees, trustees, partners, members, directors, officers, owners, agents, representatives, servants and independent contractors of each of the foregoing entities listed in subsections (i) through (vii) (collectively, the Released Parties) will not be responsible for any personal injury (including illness and death), property damage, or other loss suffered as a result of any Licensees/Holders: (x) participation in, attendance at, and/or observation of the Event; and/or (y) the negligence of any of the Released Parties (collectively, the Released Claims). Accounts may be reinstated in the sole and absolute discretion of Licensor. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. You will not be entitled to receive any part of any payment made in connection with having access to ticket listings or ticket purchase capabilities, or in connection with wait list or season ticket holder status. In addition, the Covered Parties and Licensor each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Licensor will not seek attorneys fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Additional terms and conditions may apply. Either you or the Group Manager will be responsible for paying for the tickets, as applicable. 8. 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. Any direct or indirect Resale of any Tickets covered by the Account must be done in accordance with any applicable Laws. Notwithstanding any other provision of the Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. WAIVER AND RELEASE OF LIABILITY. 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. Accounts may be reinstated in the sole and absolute discretion of Licensor. Despite spectator shielding, injury can occur. You may be required to provide your credit card number and other information in order to pay such fees, which will be processed or collected by us or Steinbrenner Field. The arbitrators decision shall be final and binding. Any Claim Notice must (i) identify the Claimant by name, address, email address, and telephone number; (ii) explain the nature of the Arbitration Claim and the relief demanded; and (iii) be submitted only on behalf of the Claimant, and not on behalf of any other party. (b) Unless prohibited by federal law, Account Holder and Licensor agree to arbitrate any and all claims and disputes relating in any way to the Account, the purchase or use of any Ticket covered by the Account, the participation in, attendance at, and/or observation of any Event (including by any Licensee, Holder and/or any accompanying minor, collectively, for purposes of this Arbitration Agreement, the Covered Parties), the Agreement, and any related dealings between them, including, without limitation, claims of personal injury (including illness and death) or property damage arising out of attendance at and/or participation in any Event by Covered Parties (Arbitration Claims), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. Said Account Benefits are subject to restrictions, terms and conditions as Licensor deems appropriate and may be changed, modified, amended, supplemented or cancelled (a change) at any time by Licensor. By using My Steinbrenner Field Account (the Account), each Account Licensee (the Account Holder) agrees to the following terms and conditions (the Agreement) which contains an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, ACCOUNT HOLDER IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW. (a) Be advised that Licensor reserves the right to take appropriate action against individuals who fraudulently obtain Tickets for wheelchair accessible and/or companion seats, including, without limitation, ejection and legal action. 9. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. Event date and time are subject to change. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. 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. An inherent risk of exposure to COVID-19 exists in any place where people gather. Account Holder will indemnify, defend and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys fees and expenses), expenses and liability arising out of, incidental to or related in any way to Licensees/Holders: (a) attendance at, observation of, and/or participation in the Event; (b) acts or omissions; or (c) breach of any of the terms, conditions or representations made in the Agreement and the T&Cs. You may assert claims in small claims court if your claims apply; If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes; and. (c) In any Arbitration Claim to be resolved by arbitration, neither the Covered Parties nor Licensor will be able to have a court or jury trial or participate in a class action or class arbitration. You may download the forms located at https://www.jamsadr.com. Payment of all filing, administration and arbitrator fees will be governed by JAMSs rules. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement. By using My Steinbrenner Field Account (the Account), each Account Licensee (the Account Holder) agrees to the following terms and conditions (the Agreement) which contains an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. Licensor will not seek attorneys fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. You will still be bound by your obligations under these Terms. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Should you do so, your tickets may be canceled, and we may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site. Restrict or inhibit any other person from using the Site; Express or imply that any statements you make are endorsed by us, without our prior written consent; Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company; Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third partys intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party; Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; Harvest or collect information about Site users; Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit; Link to any portion of the Site other than the URL assigned to the home page of the Site; Frame or mirror any part of the Site; Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content; Remove any copyright, trademark or other proprietary rights notices contained on the Site; Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. If the Event is a Game, such risk and dangers include, without limitation, the danger of being injured by thrown bats; bat fragments; thrown or batted balls; thrown, dropped, or launched items; projectiles; persons; animals; other hazards or distractions; and any incidents, accidents illness, sickness and/or disease associated with crowds of people or the negligence or misconduct of other spectators. You will be required to register for an account to use the Site. Stay alert at all times before, during and after play or performance. (c) Account Holder agrees that (i) the MLB Parties; (ii) the MLB Parties respective past, present and future licensees, sponsors and vendors; (iii) FSL Bomber Baseball, L.L.C. You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the event, however caused or contracted, and voluntarily waive all claims and potential claims against Ticketmaster, Live Nation, Event Providers, and their affiliated companies relating to such risks. Other rights that the Covered Parties and Licensor would have in court will not be available or will be more limited in arbitration, including the right to appeal. Furthermore, any use of the Account and/or Tickets after any change constitutes Account Holders acceptance of such change. Please consult Steinbrenner Field for additional terms and requirements. (c) THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED BY FLORIDA LAW, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES THEREOF. If Account Holder has a problem with the Account and/or Ticket covered by the Account, a telephone call to customer service may resolve the matter quickly and amicably. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. If you are responsible for paying for a ticket, then the Group Manager may only cancel ticket distribution before you pay for the ticket; once you pay for a ticket the Group Manager will not be able to cancel it. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict. You are responsible for complying with all applicable ticket resale laws, rules and regulations when listing your tickets on any resale platform owned or controlled by us. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets.
