San Antonio Spurs Purchase Agreement
Last Updated: October 15, 2020
- Website. The Website provides you with the service and convenience of locating Tickets that were posted for your purchase by the seller of such Tickets, by the seller's representative, or by the seller's facilitator for the sale of the Tickets (collectively, the "Owner"). The Owner has posted on the Website relevant information regarding the Tickets, which may include the event(s) for which the Tickets are listed, the date and location of the event(s), the price at which the Tickets are listed, which is in U.S. dollars, and which may be substantially higher than the face value price printed on the Ticket(s) (the "Listing Price"), the number of ticket(s) within the suite, standing room only ticket ("SRO") pricing, catering inclusions, and any other information that the Owner may deem relevant (collectively, the "Listing"). Photographs displayed on the Website are for illustrative purposes only and may not show the actual suite, including layout and configuration, that you are booking. The Owner has made the Tickets available for purchase by way of two options, (i) "Instant Book" or by (ii) "Request to Book." Each option is described in Section 2 below.
- Purchasing Options.
- Instant Book. If the Owner lists the Tickets as Instant Book on the Website, then the Owner is proposing, but not necessarily committing, to sell the Tickets on the terms described in the Listing. By selecting to purchase Tickets that are listed as Instant Book, you agree to purchase the Tickets on the terms described in the Listing; in other words, you are making a binding commitment to purchase the Tickets on the terms described in the Listing. After you place your order for Tickets that are listed as an Instant Booking, SEG will contact the Owner to confirm and finalize the Owner's sale of the Tickets. SEG may, upon the Owner's request, provide to the Owner any information about you that you provided to SEG or that SEG may obtain from third parties, including information necessary to verify your identity or to assess fraud ("Your Information"). If, for any reason, the sale is not confirmed and finalized, SEG will promptly so inform you, and you will be given the option of (i) receiving a prompt refund for the full value of your purchase, or (ii) selecting other Tickets of equal or lesser value for the same event as your initial purchase, or an alternative event, subject to availability. You agree that SEG makes no representation or warranty regarding the availability of Tickets listed as an Instant Booking until SEG notifies you that the Owner's sale is confirmed and finalized. You agree to indemnify and hold the SEG Group (as defined herein) harmless from any and all Claims (as defined herein) that in any manner relate to or are based upon or arise from the failure to confirm and finalize the sale of Tickets listed as an Instant Booking after you have placed your order.
- Request to Book. If an Owner lists the Tickets as Request to Book on the Website, then the Owner has indicated that it will entertain an offer from you to purchase the Tickets on the terms described in the Listing. After you submit your request to purchase Tickets listed as a Request to Book, SEG will contact the Owner to ascertain the availability of the Tickets. SEG may, upon the Owner's request, provide the Owner with Your Information. After SEG confirms the availability of the Tickets with the Owner, then SEG will email you a link to pay for the Tickets by credit card, unless you inform SEG that you elect to effectuate your payment for the Tickets by another method. After you submit your payment for the Tickets to SEG, SEG will contact the Owner to confirm and finalize the Owner's sale of the Tickets. If, for any reason, the sale is not confirmed and finalized, SEG will promptly so inform you, and you will be given the option of (i) receiving a prompt refund for the full value of your purchase, or (ii) selecting other Tickets of equal or lesser value for the same event as your initial purchase, subject to availability. You agree that SEG makes no representation or warranty regarding the availability of Tickets listed as a Request to Book until SEG notifies you that the Owner's sale is confirmed and finalized. You agree to indemnify and hold the SEG Group (as defined herein) harmless from any and all Claims (as defined herein) that in any manner relate to or are based upon or arise from the failure to confirm and finalize the sale of Tickets listed as a Request to Book after you have submitted your request for purchase.
- Delivery of the Tickets. SEG will send you the Tickets in one of two ways: by electronic delivery or by an express delivery service (e.g., UPS, FedEx). SEG's delivery of the Tickets to you will be deemed completed upon SEG's sending of the Tickets to you, and not upon your receipt thereof. When SEG sends you the Tickets by electronic delivery, SEG will use the e-mail address that you provided and it is your responsibility to make sure that you actually receive SEG's electronic transmission (and that it was not caught by a spam filter or received in your e-mail's junk/trash mailbox). When SEG sends the Tickets using an express delivery service, it is your responsibility to track the package and to be available to accept the package. Your non-receipt of Tickets that were properly sent to you by SEG (via any method of delivery) shall not be a ground for a refund or a cancellation of your purchase of the Tickets.
- Relationship Between You and SEG. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employer/employee, or similar relationship between you and SEG, or as authorizing you or SEG to act as the agent or representative of the other. Nothing in this Agreement shall create any obligation between either you or SEG on the one hand, and a third party on the other hand. You understand and agree that you are the buyer of the Tickets, and that SEG is not the seller. SEG is only providing certain services related to your purchase. SEG makes no representation or warranty of any kind about the event or venue for which you purchased the Tickets. SEG is not affiliated with the venue, the event, their producer(s), organizer(s), promoter(s), or sponsor(s), and SEG does not claim to be endorsed or approved by them.
- Representations and Warranties. You represent and warrant to SEG the following:
- All the information that you provide to SEG, including but not limited to your name, address, e-mail address, mailing address, billing address, telephone number, and credit card information, is true, complete, and correct, and that you will update any information as soon as it changes;
- Neither the execution nor the performance of this agreement violates or conflicts in any way with any other agreement by which you may be bound, or with any other duties imposed upon you by contract or law.
- Covenants. You agree that:
- SEG shall not be responsible for lost, stolen, or damaged Tickets after they have been sent to you. It is your responsibility to keep your Tickets in a safe place. SEG will not replace Tickets that are lost, stolen, or damaged after delivery to you.
- Only you and other individuals attending an event pursuant to the Tickets that you purchased (your "Guests") shall be entitled to access and use the suite for the event;
- The Tickets that you purchase will allow you and your Guests access to the suite listed in the Listing only, and not to other suites at the venue;
- You and your Guests shall only have access to the suite during the event for which you purchase the Tickets;
- You and your Guests assume all the risks and dangers incidental to the event taking place at the venue for which you purchased the Tickets, whether before, during, or after the event. SEG shall not be responsible for any act or failure to act of any individual at the event;
- You and your Guests shall abide by and comply with all federal, state, county and local laws, rules, and regulations;
- You and your Guests shall abide by and comply with all rules, regulations, procedures, codes of conduct of the event organizer, provider, and venue;
- You shall be responsible for the conduct of your Guests. You shall promptly inform SEG of any loss, injury, or damage incurred in the suite or the venue during the event. You shall be responsible for any such loss, injury, or damage if they were caused by you or your Guests, including damage to the suite, its furniture or fixtures, and the venue. If SEG learns that you or your Guests caused any such loss, injury, or damage, then you agree that (1) SEG may pay to remedy or repair such loss, injury, or damage, (2) SEG may invoice you any such amount paid by SEG, and (3) you shall pay to SEG the full amount of such an invoice no later than fifteen (15) days after you receive it. SEG shall not be responsible for any loss, injury, or damage to any person or to any property relating to your conduct or the conduct of your Guests;
- You shall bear the cost of all amenities (e.g., food, beverages) that are not included in the Listing of your Tickets;
- You shall not offer use of the suite in connection with a public promotional plan;
- You shall provide, at SEG's request, any additional information that SEG may deem necessary, in its sole discretion, to confirm your identity, creditworthiness, ability to pay, or the source of funds for the purchase of the Tickets, and you agree that SEG may cancel your purchase of Tickets at any time if SEG deems or suspects, in its sole discretion, that your purchase may be fraudulent or that you are carrying out a prohibited or illegal activity;
- All payments made by you for the Tickets are final. In addition, there are no refunds, exchanges, or cancellations of Tickets to events that have taken place, or taken place in part, or for any other reason other than expressly stated in this Agreement.
- This Agreement may be executed and delivered by mail, by electronic means, or by facsimile.
- Website Errors and Interruption. SEG reserves the right to modify or discontinue, temporarily or permanently, its Website with or without notice at any time. You agree that SEG shall not be liable for any modification, suspension, interruption, or discontinuance of its Website for any reason. SEG is not responsible for any typographical or other errors contained on the Website, including errors in the Listing, whether caused by human, mechanical, electronic, or any other act, omission or processes. In the event Tickets are listed at an incorrect price or with incorrect information, SEG shall have the right to refuse or cancel any sale of such Tickets. SEG reserves the right to refuse or cancel any such sales including those for which your credit card has been charged.
- Postponed or Rescheduled Events. SEG and you agree to abide by the policy of the event and venue of your Tickets regarding postponed or rescheduled events. In the absence of such a policy, you agree to the following: If an event for which you purchased Tickets is postponed or rescheduled, then you will be deemed to have purchased the Tickets for the postponed or rescheduled event date and time. It is your responsibility to check for any possible changes in date and time of the event. You agree that SEG is not responsible for changes in date or time of the event, and that refunds will not be issued due to event dates or times being changed. Your Tickets will be honored for the postponed or rescheduled event date.
- Cancelled Events. SEG and you agree to abide by the policy of the event and venue of your Tickets regarding canceled events. In the absence of such a policy, you agree to the following: Refunds shall not be issued for event cancellations due to terrorism, acts of violence, or acts of God (e.g., earthquake, flood). Refunds shall only be issued for events that are cancelled in their entirety and not rescheduled (in other words, there will be no refund for an event that is canceled after it started). If an event is cancelled, you shall receive a full refund no later than fourteen (14) days after the date of the event's cancellation. For no reason, and under no circumstance, under this Section and any other section in this Agreement, shall SEG be liable to you for an amount exceeding your purchase price of the Tickets.
- Limitations of Liability and Indemnification. You agree that SEG, the Owner, and the venue shall not be liable to you, your Guests, or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, or for lost profits, revenues or business opportunities, even if SEG, the Owner, or the venue has been advised of the possibility of such damages, and regardless of whether their alleged liability is based on contract, tort, or any other legal theory. You hereby agree to indemnify and hold SEG, the Owner, the venue, and each of their officers, directors, employees, agents, representatives and contractors (collectively, the "SEG Group") harmless from any and all claims, actions, causes of action, demands, agreements, promises, liabilities, debts, controversies, damages, losses, costs and expenses (including without limitation reasonable lawyers' fees and disbursements, experts fees and costs of investigation), whether based on contract, tort or otherwise, contingent or fixed, liquidated or unliquidated, known or unknown, asserted or unasserted (collectively, "Claims"), that in any manner relate to or are based upon or arise now or in the future from this Agreement, your purchase of the Tickets, or the attendance by you or your Guests at the event for which you purchased the Tickets.
- General Provisions.
- Notice. Any notice or other communication provided for herein or given hereunder to SEG shall be in writing and shall be served in person, by facsimile, e-mail, or by United States Postal Service certified mail, and addressed to the following:
- Waiver and Cumulative Remedies. No failure or delay by any party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
- Severability. Should any provision, or part thereof, of this Agreement be held by a court of competent jurisdiction to be unenforceable, the remaining part of the provision, and the other remaining provisions of this Agreement, shall remain in full force and effect.
- Binding Effect; Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns. Neither this Agreement, nor any right, duty or obligation of any party hereunder, may be assigned, transferred, or delegated by any party, in whole or in part, by operation of law or otherwise, without the prior written consent of the other party. Any purported assignment of rights or delegation of obligations in violation of this Section will be void. References to a party in this Agreement also refer to such party's heirs, successors and permitted assigns. Notwithstanding anything to the contrary in this Section, you agree that SEG, in its sole discretion and without any notice to you, may assign or transfer to a third party, including the Owner and the venue, any legal right or claim that SEG deems to have against you or your Guests.
- Governing Law. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the foregoing sentence with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
- Arbitration. Any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York, before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to pursuant to (a) JAMS' Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, if any claim or counterclaim exceeds $250,000.00, not including cost, interest or attorney's fees, or (b) JAMS' Streamlined Arbitration Rules and Procedures, if no claim or counterclaim exceeds $250,000.00, not including cost, interest or attorney's fees. Judgment on the arbitration award may be entered in any court having jurisdiction. In any arbitration arising out of or related to this agreement, the arbitrator shall award to the prevailing party, if any, the costs, expenses, and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. This paragraph shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- Service of Process. In addition to the methods of service allowed by law, each party hereby irrevocably and unconditionally consents to service of process upon it by registered, priority, or certified mail. Service hereunder shall be complete upon a party's actual receipt of process or upon the receipt of the return thereof by the United States Postal Service as refused or undeliverable.
- Injunctive Relief. The parties acknowledge that a breach of any of the provisions contained in this Agreement will result in irreparable and continuing harm for which there will be no adequate remedy at law and that the non-breaching party shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate). Nothing in this Agreement shall prevent a party from seeking injunctive relief in any court of competent jurisdiction.
- Entire Agreement and Construction. This Agreement constitutes the entire agreement between the parties as to its subject matter and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter of this Agreement. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the parties.
- No Interpretation Against Drafter. There shall be no rule of interpretation against the drafter in drafting this Agreement.
- Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
Suite Experience Group LLC
1900 S. Norfolk St, Suite 205
San Mateo, CA 94403
PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.
This ticket is a revocable license, and the holder of this ticket, on behalf of the holder and any accompanying minor, including a minor holding a separate ticket (individually and collectively, the "Holder"), agrees to all of its terms. The Holder agrees that this ticket license is subject to these terms and conditions, as well as any additional terms and conditions established by the San Antonio Spurs, L.L.C. and SA FC, L.L.C. and/or its affiliates (collectively the "Team"), the National Basketball Association and/or its affiliates (the "NBA"), the United Soccer League and/or its affiliates (the "USL") and the arena or related arena grounds (including, without limitation, parking areas and entry gates) (the "Arena") at which the event or any surrounding activities (in whole or in part) for which this ticket is issued (the "Event") is held (collectively, all such additional terms, "Supplemental Terms"). Supplemental Terms include the health and safety requirements and other terms set forth at the following URL: https://www.nba.com/spurs/TicketTerms. By acceptance and/or use of this ticket and/or entering (or seeking entry into) the Arena, the Holder is deemed to have read all such terms and agreed to be bound by them.
Due to the uncertainty related to COVID-19, this ticket and the Holder's admission to the Arena are subject to all safety and health requirements and policies put in place by the Team, NBA, USL, and Arena, including requirements relating to face masks and enhanced health screenings (which may include a requirement that the Holder, and any person in the Holder's party, be tested for COVID-19 prior to or during the Event) and those policies and requirements described in the Supplemental Terms. Such policies and requirements as they may be updated from time to time (in the sole determination of the Team, NBA, USL, and/or Arena) and as they may be communicated to the Holder prior to or during the Event (whether orally or in writing) by, for example, instruction provided by Team or Arena personnel or signage in or around the Arena, are collectively referred to below as the "Safety Requirements". The Holder acknowledges and agrees to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the Event), and attendance at the Event is conditioned on such compliance.
The Holder agrees that neither the Holder, nor anyone in the Holder's party, will attend the Event if any one or more of the following is true on the day of such Event:
Within the prior 14 days, the Holder has (or any person in the Holder's party or with whom the Holder has had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;
Within the prior 48 hours, the Holder has (or any person in the Holder's party or with whom the Holder has had close contact has) experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the Centers for Disease Control and Prevention); or
Within the prior 14 days, the Holder has (or any person in the Holder's party or with whom the Holder has had close contact has) travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.
To ensure that all Event patrons agree to, and comply with, all Safety Requirements and all other NBA, USL, Team, and Arena rules, this ticket may not be resold or offered for resale on any platform other than a platform expressly authorized by the Team, NBA, or the USL. Without limiting the foregoing, any transfer of this ticket to any person who fails to satisfy any Safety Requirement (including pre-Event requirements established by the Team or Arena) may be voided by the Team and this ticket cancelled.
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) IF ADMISSION IS REFUSED OR REVOKED, OR THE EVENT IS CANCELLED AND NOT REPLAYED, IS A REFUND OF UP TO THE TICKET'S FACE VALUE SET BY THE TEAM (THE "FACE VALUE"). IN NO EVENT SHALL THE TEAM, NBA, USL, OR ARENA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET.
The Holder agrees not to transmit, distribute, misappropriate or sell (or aid in transmitting, distributing, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including (without limitation) play-by-play data), picture, video, audio or other form of exploitation or reproduction of the Event. This ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the Team, NBA, USL, or Arena.
Breach of any of these terms, failure to comply with Safety Requirements or NBA, USL, Team and/or Arena rules, or the refunding to the Holder of the Face Value, shall automatically terminate any rights that the Holder may have hereunder; shall render illegal and unauthorized the Holder's use of the ticket for any purpose; and shall authorize the Team, NBA, and/or the USL to withdraw the ticket, refuse admission to the Arena, or eject the Holder from the Arena, without refund in each case, and subject the Holder to all legal remedies available to the NBA, USL, Team and/or Arena.
THE HOLDER EXPRESSLY ACKNOWLEDGES AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER AND THAT NO PRECAUTIONS (INCLUDING THE SAFETY REQUIREMENTS DESCRIBED ABOVE) CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, CERTAIN PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND UNDERLYING MEDICAL CONDITIONS. THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER of personal injury (including death), sickness (including illness and other risks of exposure to COVID-19, or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness), lost, stolen, damaged or confiscated property, and all other hazards arising from, or related in any way to, the Event, whether occurring prior to, during, or after the Event, however caused and whether by negligence or otherwise.
On behalf of the Holder and the Holder's Related Persons (defined below), the Holder further hereby releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that the Holder or any of the Holder's Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Arena or the Event (including all risks related thereto) or compliance with any protocols or Safety Requirements applicable to the Event; or (iii) any interaction between the Holder and the Holder's Related Persons, on the one hand, and any personnel of any of the Released Parties present at the Event, on the other hand, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.
As used herein:
"Related Persons" means the Holder's heirs, assigns, executors, administrators, next of kin, anyone attending the Event with the Holder (which persons the Holder represents have authorized the Holder to act on their behalf for purposes of these terms), and other persons acting or purporting to act on the Holder's or their behalf.
"Released Parties" means: (i) the National Basketball Association and its member teams (including the Team), and each of their respective direct and indirect owners, affiliates, players and coaches, administrators, designees, licensees, and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Arena; (iii) all third parties performing services at the Arena; (iv) any parents, subsidiaries, affiliated and related companies of each of the entities described in clauses (i)-(iii); and (v) the officers, directors, owners, members, managers, partners, employers, employees, agents, contractors and sub-contractors (and employees of such contractors and sub-contractors), insurers, representatives, other personnel, successors and/or assigns of each of the foregoing entities and persons described in clauses (i) – (iv), whether past, present or future and whether in their institutional or personal capacities.
The Holder and the Holder's belongings may be searched upon entry into the Arena and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the NBA, USL, Team and/or Arena, and the Holder hereby consents to the foregoing and waives any related claims that might arise against the NBA, USL, Team or Arena. If the Holder elects not to consent, the Holder will be denied entry into the Arena without refund.
The Holder grants permission to the NBA, USL, Arena and Team (and their respective designees and agents) to utilize the Holder's image, likeness, actions and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation. In addition, the Holder grants to the NBA, USL, Arena and Team permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.
Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between the Holder and the Team, NBA, USL, or Arena, the Holder shall send a written notice describing the issue (a "Dispute Notice") to 1 AT&T Center Parkway, San Antonio, TX 78219. The Holder and the Team, NBA, USL, and/or Arena agree to make a good-faith effort to resolve the dispute for at least 60 days (the "Negotiation Period") following receipt of the Dispute Notice. If the parties cannot resolve the dispute within the Negotiation Period, the dispute shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator in San Antonio, Texas conducted by the Judicial Arbitration Mediation Services, Inc. ("JAMS") in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective July 1, 2014, subject to the U.S. Federal Arbitration Act and federal arbitration law (which is applicable because the Team, NBA, USL, and Arena are engaged in transactions involving interstate commerce with respect to the Event). The costs of such arbitration shall be split evenly among the parties except upon an arbitrator's finding that such split renders the arbitration cost-prohibitive to the Holder. Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated to the arbitrator selected pursuant to this provision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. THE HOLDER, ARENA, TEAM, NBA AND USL AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE ARENA.
Without limiting the foregoing, the Holder agrees not to give or offer this ticket in a manner that would constitute a violation of the U.S. Foreign Corrupt Practices Act, any other anti-bribery law or regulation, or any conflicts of interest law, regulation, or policy.
If any provision or part of these terms or the Supplemental Terms is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these terms and the Supplemental Terms remain valid and binding.
In the event of a conflict between Ticketmaster's terms and these terms and conditions, these terms and conditions will apply.
Alcoholic beverages, illegal drugs, controlled substances, concealed weapons, recording devices, cameras, bundles and containers of any kind cannot be brought to this Event. In the event of a cancellation or rescheduling of the Event, the Team shall not be required to issue a refund provided that the Holder is given the right, within twelve months of the date of the original Event, to attend a rescheduled performance of the same Event or to exchange this ticket for a ticket of comparable price and location to another, similar Event, as determined by the Team, in its sole discretion. The Team reserves the right, in its sole discretion and without refund of any portion of the ticket price, to refuse admission to or eject any person whose conduct is deemed by the Team to be disorderly, abusive, or not in compliance with these or other applicable rules, regulations and policies.
This ticket is not transferable or redeemable for cash. This ticket cannot be replaced if lost, stolen or destroyed and is valid only for the Event and seat for which it is issued. It is unlawful to reproduce this ticket in any form. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit and if so are void and of no effect. Warning: Despite reasonable and proper safety precautions and measures, basketballs and other objects may fly into the spectator area, causing serious injury. While in the spectator area, be alert at all times, including warm-ups and after play stops. If struck by any objects, immediately ask the usher for directions to medical station. The Holder agrees that the Team, NBA, USL, Arena, and each of their respective owners, officers, directors, employees, players, agents and affiliates are expressly released by the Holder for liability for any claims arising from such injuries and hazards. No refunds or exchanges except as provided herein. Event date and time subject to change without notice. All rights reserved.