Revised March 21, 2019
PLEASE REVIEW THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE (THE “SITE”), WHICH IS OWNED AND OPERATED BY HOLDMYTICKET, LLC.
The Site is comprised of various Web pages operated by HoldMy Ticket, LLC (“HMT”, “we”, “our” or “us”). The “Site” shall be defined herein to include holdmyticket.com and our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the “Services”). “Content” shall be defined as all data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and any other items or materials. This Agreement governs your access to and use of the services cited above.
We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. In the event of any violation of the below terms and conditions of using our Site and Services, we reserve the right to suspend or terminate your account immediately, without notice.
You may not use the Site or Services and may not agree to this Agreement if you are a person barred from using services that HMT provides under the laws of any country in which you are resident or from which you use the Services.
HMT may, in its sole discretion, modify or revise this Agreement and these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. We may attempt to notify you when major changes are made, but you should periodically review the most uptodate version on our website. Nothing in this Agreement shall be deemed to confer any thirdparty rights or benefits.
BY CLICKING "I AGREE," ON YOUR OWN BEHALF OR AS AN AUTHORIZED REPRESENTATIVE OF CUSTOMER, YOU AS CUSTOMER OR CUSTOMER WHICH YOU REPRESENT, (HEREINAFTER “YOU” OR “YOUR”) AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS (“TERMS OF SERVICES”) OF THIS SERVICES AGREEMENT (“AGREEMENT”), INCLUDING, WITHOUT LIMITATION, ALL DOCUMENTS, POLICIES, AND PROCEDURES INCORPORATED HEREIN BY REFERENCE. AND MOREOVER, IF YOU CREATE A HMT USER ACCOUNT WITHOUT HAVING ENTERED OR UNTIL YOU ENTER A SUB-MERCHANT AGREEMENT WITH FULLSTEAM OPEATIONS LLC, THE PARENT COMPANY OF HMT, (“FULLSTEAM”) YOU APPOINT HMT AS YOUR LIMITED FINANCIAL AGENT FOR THE PURPOSES OF THIS AGREEMENT.
A. This Agreement and its Terms of Service apply to all users of the Service, including users who create event pages.
B. The Service may contain links to third-party websites or APIs that are not owned or controlled by HMT. HMT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or links through APIs. In addition, HMT will not and cannot censor or edit the content of any thirdparty site. By using the Service, you expressly relieve HMT from any and all liability arising from your use of any thirdparty website or link to a thirdparty website from the HMT site through an API.
TICKET PURCHASE TERMS AND CONDITIONS
Users and Ticket Purchasers should review and must adhere to all terms and conditions contained in our Ticket Purchase Terms and Conditions, considered fully incorporated herein by reference.
A. In order to access some features of the Service, you will have to create a HMT user account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify HMT immediately of any breach of security or unauthorized use of your account.
B. Although HMT will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HMT or others due to such unauthorized use.
C. If you choose to set up a user account, you authorize HMT to make business and personal credit inquiries (including, but not limited to, credit reports for your directors, officers, and principals), identity-verification inquiries, transaction-verification inquiries, and any other inquiries considered necessary or desirable by HMT relating to this Agreement, and to provide information to state and federal authorities and our partners, processors and affiliates as required by them, including but not limited to transaction information, financial information, personal information, credit reports, and copies of all other materials in HMT’s possession. You also authorize any person or credit reporting agency to compile information to answer those inquires of HMT and to furnish all requested information to HMT.
D. If you set up a user account, and have not entered, or until you enter into a Sub-merchant agreement with Fullsteam, HMT reserves the right to require a reserve of funds (the “Reserve Account”) in an amount satisfactory to secure your obligations to HMT under this Agreement. Upon notice to you, at HMT’s sole discretion, HMT may make one or more deductions or offsets to any payments otherwise due to you to fund the Reserve Account in an amount satisfactory to HMT based upon a reasonably anticipated risk of loss to HMT. To secure your obligations to HMT under this Agreement, you grant to HMT a lien and security interest in and to (i) any such Reserve Account, and (ii) any of your funds pertaining to the Card transactions contemplated by this Agreement, whether now or hereafter due or to become due to you. In addition, the Reserve Account may be held by HMT for such time as HMT, in its sole discretion, deems necessary based upon your liability to HMT. Your funds held in a Reserve Account may be held in a commingled account for the reserve funds of HMT’s users (“Reserve Funds Account”), without involvement of an independent escrow agent. You agree that you shall have no right, title or interest in or to the Reserve Funds Account. In addition to any rights now or hereafter granted under applicable law, and not by way of limitation of any such rights, HMT is hereby authorized by you at any time, without notice or demand to you or to any other person (and such notice and demand being hereby expressly waived), to set off, recoup and to appropriate and to apply any and all funds held in a Reserve Account established hereunder against and on account of obligations owed to HMT by you. Any amount of your Reserve Account remaining in the Reserve Funds Account when HMT determines that the Reserve Account may be closed, shall be released to you.
A. You must be at least 13 years old to use the Service.
B. You may not alter or modify any part of the Service.
C. You must agree not to access Content through any technology or means other than explicitly authorized means HMT may designate.
D. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service, and your Content, including but not limited to, copyright laws.
E. You are solely responsible for your conduct and any Content that you submit, post or display on or via the Service, including but not limited to Content used to build event pages.
F. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or HMT.
G. HMT provides an API key and link upon request and with registration of a new User Account. Each User must be aware that this API can be used to connect HMT User Content to third party websites and must be used in accordance to all HMT policies, terms and conditions or agreements. You must not access HMT’s API by means other than those permitted by HMT.
H. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (otherwise known as “spam”) to any HMT users.
I. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of destructive or disruptive nature. You may not inject Content or code which may alter or interfere with the way any HMT page is rendered or displayed in a user’s browser or device.
J. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Service in a manner that sends more request messages to the HMT servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, HMT grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. HMT reserves the right to revoke these permissions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
GENERAL CONDITIONS AND RESTRICTIONS
A. We reserve the right to discontinue any aspect of the Service at any time.
B. We reserve the right to refuse access to the Service to anyone for any reason at any time.
C. We reserve the right to force forfeiture of any username for any reason.
D. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Service.
E. There may be links from the Service, or from communications you receive from the Service, to thirdparty web sites or features. There may also be links to thirdparty web sites or features in images or comments within the Service. The Service also includes thirdparty Content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a thirdparty web site or feature, including applications that connect the Service or your profile on the Service with a thirdparty web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the thirdparty service and you do so at your own risk. HMT does not control any of these thirdparty web services or any of their Content. You expressly acknowledge and agree that HMT is in no way responsible or liable for any such thirdparty services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a thirdparty service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if HMT has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the HMT Parties (defined below) harmless for activity related to the Application.
F. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with HMT’s express consent).
YOUR USE OF CONTENT
A. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to HMT, subject to copyright and other intellectual property rights under the law.
B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by HMT on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of HMT or the respective licensors of the Content. HMT and its licensors reserve all rights not expressly granted in and to the Service and the Content.
C. You agree not to circumvent, disable or otherwise interfere with securityrelated features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that HMT is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST HMT WITH RESPECT THERETO, AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AGREE TO INDEMNIFY AND HOLD HARMLESS HMT, ITS OWNERS, OPERATORS, AFFILIATES, LICENSORS, AND LICENSEES TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.
YOUR CONTENT AND CONDUCT
A. As a HMT account holder you may submit Content to the Service, including but not limited to, photographs, graphics, videos links, and iframe html. You understand that HMT does not guarantee any confidentiality with respect to any Content you submit.
B. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.
C. For clarity, you retain all of your ownership rights of any Content that you post on or through the Service. However, by submitting Content to HMT, you hereby grant HMT worldwide, nonexclusive, royaltyfree, sub-licensable and transferable license to use the Content that you post on or through the Service. The Service contains Content owned or licensed by HMT. HMT Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and HMT, HMT owns and retains all rights in the HMT Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the HMT Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the HMT Content.
D. The HMT name and logo are trademarks of HMT, and may not be copied, imitated or used, in whole or in part, without the prior written permission of HMT. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of HMT, and may not be copied, imitated or used, in whole or in part, without prior written permission from HMT.
E. Although it is HMT's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, HMT reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by HMT, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, HMT encourages you to maintain your own backup of your Content. In other words, HMT is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. HMT will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
F. You agree that HMT is not responsible for, and does not endorse, Content posted within the Service. HMT does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Service, you may bear legal responsibility for that Content.
ACCOUNT TERMINATION POLICY
A. HMT reserves the right, in its sole discretion, to edit, refuse to post, or remove any Content, in whole or in part, or to terminate your access to the Site and the related Services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
COPYRIGHT INFRINGEMENT: NOTICE AND PROCEDURE FOR REPORTING CLAIMS
We respect the intellectual property of others, and we ask you and all of our Website users, affiliates, licensors and suppliers to do the same. We take claims of copyright infringement seriously, and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") are your copyrighted work and have been used in a way such that it constitutes copyright infringement, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
§ Your physical or electronic signature, or that of a person authorized to act on behalf of the owner of the exclusive work.
§ Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
§ Identification of the material you believe to be infringing and that is to be removed, and information reasonably sufficiently and precise to allow us to locate that material (including the specific web page address on the Website).
§ Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
§ A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
§ A statement that the information in the written notice is accurate.
§ A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Wes Edling CEO
HoldMy Ticket, LLC
110 2nd Street SW, Suite 501
Albuquerque, NM 87102
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING, WITHOUT LIMITATION, HMT CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER HMT NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "HMT PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE HMT CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO HMT OR VIA THE SERVICE. IN ADDITION, THE HMT PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE HMT PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERRORFREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE HMT PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE HMT PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE HMT PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF SERVICE.
HMT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKS OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HMT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRDPARTY 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.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE HMT PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE HMT PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE HMT CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE HMT PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE HMT PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NOEVENT WILL THE HMT PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE HMT PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF HMT’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE HMT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE HMT PARTIES.
YOU SPECIFICALLY ACKNOWLEDGE THAT HMT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
HMT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS 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.
The Service is controlled and offered by HMT from its facilities in the United States of America. HMT makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so on their own volition and are responsible for compliance with local law.
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at HMT's request), indemnify and hold the HMT Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any thirdparty right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasigovernmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by HMT in the defense of any claim. HMT reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of HMT.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HMT without restriction.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with HMT must be filed within one (1) year after such claim arose; otherwise your claim is permanently barred.
GOVERNING LAW and JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to applicable principles of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby. In case of any dispute related to these Terms of Service, the parties agree to submit to personal jurisdiction in the State of Delaware. Furthermore, the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of any court of the State of Delaware or any federal court sitting in the State of Delaware for purposes of any suit, action or other proceeding arising out of these Terms of Service. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS, OBLIGATIONS AND/OR PERFORMANCE OF THESE TERMS OF SERVICE.
This Agreement constitutes the whole legal agreement between you and HMT and governs your use of the Services (but excluding any services which HMT may provide to you under a separate written agreement), and completely replace any prior agreements between you and HMT in relation to the Services.
You agree that HMT may provide you with notices, including those regarding changes to this Agreement and the Terms of Service, by email, regular mail, or postings on the Services.
You agree that if HMT does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which HMT has the benefit of under any applicable law), this will not be taken to be a formal waiver of HMT's rights and that those rights or remedies will still be available to HMT.
You agree that you will notify HMT in writing of any claim or dispute concerning or relating to the Site or Content and information or services provided through it, and give HMT a reasonable period of time to address it before bringing any legal action against HMT.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HMT as a result of this Agreement or use of the Site unless you choose to set up a user account and have not entered, or until you enter into a Sub-merchant agreement with Fullsteam, you agree that HMT is your limited financial agent for the purposes of this Agreement.
HMT's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of HMT’s obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HMT with respect to such use.
Should any provision of this Agreement be finally determined to be inconsistent with or contrary to applicable law, such provision shall be deemed amended or omitted to conform therewith without affecting any other provision or the validity of this Agreement.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and HMT with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HMT with respect to the Site.
Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
All rights not expressly granted herein are hereby reserved. Headings are for referenced purposes only and in no way define, limit, construe or describe the scope or extent of any section.
If you have questions about this Agreement or its Terms of Service or the practices of HMT, please contact us at HoldMyTicket, LLC , Attn: Wes Edling, CEO, 110 2nd Street SW, Suite 501, Albuquerque, NM 87102 Phone: 8774663404 or Email: firstname.lastname@example.org.