THESE TERMS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
These Terms may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms or post a notice on our Site.
You may browse our site without registering for an account. You will be required to register for an account to use certain features of the Site. When you create an account on our Site, you agree to the following:
We reserve the right to refuse registration, suspend or terminate your account if we have any reason (in our sole judgment) to suspect that you are using our Site in an illegal or fraudulent manner or in any other manner in violation of these Terms.
As a user of our Site, you agree to comply with all applicable laws and regulations and that you will not:
If we believe you are using our Site illegally or in a manner that violates these Terms, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
All content published and made available on our Site is the property of Concerted and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
We provide the Site and the content to you "as is". We try to keep the Site up, bug-free, and safe, but you use it at your own risk. 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. We do not guarantee that the Site will always be safe, secure, or error-free, or that the Site will always function without disruptions, delays, or imperfections. We are not responsible for the actions or information of third parties, and you release us 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. If you are a California resident, you waive California Civil Code § 1542, which says: a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Concerted and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site, the content of the Site or any product or service purchased through the Site. Without limiting the foregoing, you acknowledge and agree that Concerted will have no liability or responsibility whatsoever for: (i) any failure of a user of the Site to conform to the rules of conduct herein, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any errors, mistakes or omissions in any content on our Site; or (iv) any lost, stolen or damaged tickets or issues with a venue honoring a ticket. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site.
If anyone brings a claim against us related to your use of the Site or your violation of these Terms, except where prohibited by law, you agree to indemnify and hold harmless Concerted and our directors, officers, agents, employees, subsidiaries, and affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses including legal fees. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
These Terms are governed by the laws of the State of Ohio.
Subject to any exceptions specified in these Terms, if you and Concerted are unable to resolve any dispute through informal discussion, then you and Concerted agree to submit the issue first before a non-binding mediator and then to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Concerted. You and we thereby each agree to waive any right to a jury trial and agree that you and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Notwithstanding any other provision in these Terms, you and Concerted agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
If at any time any of the provisions set forth in these Terms are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms. All other provisions will not be affected by the removal and the rest of these Terms will still be considered valid.