Terms of ServiceTerms of Service Applicable to All Visitors and Users of the Hold My Ticket Website
PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE (THE "SITE"), WHICH IS OWNED AND OPERATED BY HOLD MY TICKET, LLC.
The Site is comprised of various Web pages operated by Hold My 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"). These Terms of Service govern 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. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. 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 accept the Terms of Service 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 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 to these Terms of Service but you should periodically review the most up-to-date version on our website. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
BY USING THIS SITE, YOU INDICATE YOUR BINDING AGREEMENT TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
SERVICEA. These 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 third-party site. By using the Service, you expressly relieve HMT from any and all liability arising from your use of any third-party website or link to a third-party website from the HMT site through an API.
TICKET PURCHASE TERMS AND CONDITIONSUsers 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.
USER ACCOUNTSA. 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.
BASIC TERMSA. 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 data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively "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 HMTs 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 or otherwise 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 accesses 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 on-line 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 exceptions 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 RESTRICTIONSA. 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 third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party 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 third-party service and you do so at your own risk. HMT does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that HMT is in no way responsible or liable for any such third-party 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 third-party 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 CONTENTA. 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 security-related 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 CONDUCTA. 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.
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, non-exclusive, royalty-free, sublicenseable and transferable license to use the Content that you post on or through the Service, subject to any applicable state or federal privacy laws or regulations.
D. 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.
E. 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.
F. 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.
G. 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 POLICYA. HMT reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, 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 CLAIMSWe 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, e-mail 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
Hold My 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.
PATENTSTechnologies and processes used by or referenced in this Site are the subject of one or more HMT patents and other patents that are pending.
DISCLAIMER OF WARRANTIESTHE 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, NON-INFRINGEMENT, 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 ERROR-FREE 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 SERVICES 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 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.
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 LIABILITYUNDER 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 NO EVENT 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.
INDEMNIFICATIONYou (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 attorney's 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 third-party 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 quasi-governmental 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.
ASSIGNMENTThese Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HMT without restriction.
PERPETUITY RIGHTSWhen these Terms of Service come to an end, all of the legal rights, obligations and liabilities that you and HMT have benefited from, been subject to (or which have accrued over time whilst the Terms of Service have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
TIME LIMITATION ON CLAIMSYou agree that any claim you may have arising out of or related to your relationship with HMT must be filed within one year after such claim arose; otherwise your claim is permanently barred.
GOVERNING LAW and JURISDICTIONThe laws of the State of New Mexico govern these Terms of Service and your use of the Site, and you irrevocably consent to the jurisdiction of the state or federal courts located in Albuquerque, Bernalillo County, New Mexico and to submit to the personal jurisdiction of the courts located in Bernalillo County, New Mexico for the purpose of litigating all such disputes. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practicable ability to prevent such access. This Site has been designated to comply with the laws of the State of New Mexico and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and you should not use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
GENERAL LEGAL TERMSThe Terms constitute the whole legal agreement between you and HMT and govern 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 the Terms, 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 Terms (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 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.
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 right 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. If any part of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service shall continue in effect. In all events, if any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect Unless otherwise specified herein, the Terms of Service 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; however, any conflicting terms that are set forth in a legal agreement with you that has been executed by HMT shall control. A printed version of this Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Terms of Service and all related documents be drawn up in English and the English language meaning of the Terms of Service will govern your relationship with HMT. The effective date of these Terms of Service is February 1, 2014.
Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Service. 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.
CONTACTING US ABOUT TERMS OF SERVICEIf you have questions about the Terms of Service or the practices of HMT, please contact us at Hold My Ticket, LLC , Attn: Wes Edling, CEO, 110 2nd Street SW, Suite 501, Albuquerque, NM 87102
Phone: 877-466-3404 or Email: firstname.lastname@example.org.