Website Terms and Conditions of Use
1. ACCEPTANCE OF TERMS OF USE
By using this website (“Site”), you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Site. HW (defined below) may change the terms of this Agreement at any time, and your use of the Site after such change is posted will mean that you accept such change.
2. USE OF WEBSITE
The Site are either owned by or licensed to HW. The applicable owners and licensors retain all rights to the Site, including, but not limited to, all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Site on any single device for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Site without first obtaining the written permission of HW or otherwise as expressly set forth in the terms and conditions of the Site. The Site must not be used in any unauthorized manner.
3. LINKING
The Site may contain links and pointers to other Internet sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from the Site from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties do not constitute an endorsement by HW of any such third-party website or content. HW is not responsible for the availability of these third-party resources or their contents. You should direct any concerns regarding any external link to the administrator of the applicable third-party website or location.
4. DISCLAIMER OF WARRANTIES
a. USE OF THE PRODUCTS, MERCHANDISE, TICKETS AND SERVICES INCLUDED IN THIS SITE, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
b. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE MATERIALS CONTAINED OR DISTRIBUTED ON SITE, INCLUDING BUT NOT LIMITED TO ALL PRODUCTS, MERCHANDISE, TICKETS AND SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. HW SPRING TRAINING COMPLEX, LLC, HOUSTON ASTROS, LLC, WASHINGTON NATIONAL BASEBALL CLUB, LLC AND EACH OF THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED ENTITIES AS WELL AS EACH OF THEIR RESPECTIVE OFFICIALS, PARTNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES AND AGENTS (“HW”) MAKE NO GUARANTEES, COMMUNICATED OR SUGGESTED, AND THUS RENOUNCE AND NULLIFY EVERY SINGLE OTHER WARRANTIES, INCLUDING WITHOUT IMPEDIMENT, INFERRED GUARANTEES OR STATES OF MERCHANT-ABILITY, FITNESS FOR A SPECIFIC REASON, OR NON-ENCROACHMENT OF LICENSED PROPERTY OR OTHER INFRINGEMENT OF RIGHTS. FURTHER, HW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE PRECISION, LIKELY RESULTS, OR UNWAVERING QUALITY OF THE UTILIZATION OF THE MATERIALS ON THE SITE OR GENERALLY IDENTIFYING WITH SUCH MATERIALS OR ON ANY DESTINATIONS CONNECTED TO THE SITE.
c. HW DOES NOT WARRANT THAT: (1) THE SITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SITE, OR PRODUCTS, MERCHANDISE AND SERVICES AVAILABLE THEREFROM, WILL BE CORRECTED; (3) THE SITE, OR PRODUCTS, MERCHANDISE AND SERVICES, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE SITE, OR PRODUCTS, MERCHANDISE AND SERVICES AVAILABLE THEREFROM, WILL BE ACCURATE OR RELIABLE.
5. LIMITATION ON LIABILITY
a. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF HW OR ANY ACT OR FAILURE TO ACT BY HW OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE SITE.
b. IN NO EVENT SHALL HW BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS, MERCHANDISE, AUCTIONS, TICKETS OR SERVICES.
c. IN NO EVENT SHALL HW OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SITE INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, MERCHANDISE, AUCTIONS, TICKETS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF HW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF HW IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF HW OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO ANY PRODUCTS, AUCTIONS, TICKETS, MERCHANDISE, OR SERVICES AVAILABLE THEREFROM, IS $50.
d. IN NO EVENT SHALL HW BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT SITE, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
6. INDEMNIFICATION
You hereby agree to indemnify and hold the HW harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (i) your use of the SITE, including but not limited to the products, merchandise, auctions, tickets and/or services purchased via the Site; or (ii) any alleged breach of this Agreement by you.
7. TERMINATION
HW may change, suspend or discontinue any aspect of the Site at any time, including the availability of any product, merchandise, auctions offering, ticket offering, service, feature, database or content. HW may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the Site without notice or liability at any time in HW's exclusive discretion, without prejudice to any legal or equitable remedies available to HW, for any reason or purpose, including, but not limited to, conduct that HW believes violates this Agreement or other policies or guidelines posted on the Site or conduct which HW believes is harmful to other customers, to HW's business or to other information providers. In addition and without prejudice to any other remedy available to HW, HW may immediately terminate this Agreement if you breach any term of this Agreement or other operating terms set forth by HW in the Site. This Agreement may also be immediately terminated at any time by HW in its sole discretion.
8. ARBITRATION
a. Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Site (including all commercial transactions conducted through the Site) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and HW waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Palm Beach County, Florida, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This arbitration provision shall survive termination of this Agreement.
b. Subject to the limitations set forth below in this Section 8.B, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Florida, provided that:
i. The arbitrator shall not have authority to award punitive damages; and
ii. Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and HW agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
c. For any Claims that are not subject to arbitration: (i) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Palm Beach County, Florida (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (ii) you and HW waive any and all rights to trial by jury with respect to any Claims.
d. In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section 8, or initiates a proceeding involving a Claim under Section 8.C other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed.
e. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide HW with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
9. CHOICE OF LAW
Any and all Claims arising out of or related to this Agreement or to your use of any product or service distributed by HW shall be governed by, and construed and interpreted in accordance with, the laws of the State of Florida, without regard to conflict of laws principles.
10. GOVERNING LAW
Any and all claims arising out or related to these Website Terms and Conditions of Use or to your use of any product or service distributed by HW shall be governed by, and construed and interpreted in accordance with, the laws of the State of Florida, without regard to conflict of laws principles.
11. MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. HW in its sole discretion may amend this Agreement, in which case we will post the amended Agreement within the Site. Your use of the Site after such amended Agreement is posted will constitute acceptance of it by you. HW may be required to notify you of certain events concerning the Site and your use thereof, and your use of the Site constitutes acceptance that such notices will be effective upon our posting them on the Site or, if we elect in our sole discretion, emailing you at an address you have provided to us. Sections 4, 5, 6, 8, 9, 10 and 11 of this Agreement will survive any termination or cancellation of this Agreement. HW’s performance under this Agreement is subject to applicable law and nothing contained herein is in derogation of HW's right or 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 HW with respect to such use. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
Last updated: January 5, 2018