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PURCHASE POLICY
Last Updated: June 22, 2023
UNLESS OTHERWISE NOTED IN WRITING OR ADVERTISED AT THE
TIME OF PURCHASE, ALL SALES ARE FINAL, NON-TRANSFERABLE, NON-RESALABLE,NON-REFUNDABLE, NON EXCHANGEABLE, AND NOT REDEEMABLE FOR CASH.
Welcome to the Elevate Sports Ventures Inc. Purchase Policy (this “Policy”). By making a Purchase (as defined below) from Elevate Sports Ventures Inc. d/b/a Elevate X, or its Affiliates (as defined below)(collectively "Elevate", “we”, “us”, “our”), you (“you”, “your”, “Licensee”, “Purchaser”, “Customer”) are entering into a legally binding contract with Elevate pursuant to the terms of this Policy. This Policy is designed to ensure your understanding of the Purchase process and the accompanying policies and procedures governing your Purchase. If you are making a Purchase on behalf of someone else, the terms and conditions contained in this Policy shall also apply to that person(s) and it is your duty to inform such person(s) of this Policy.
Please read this Policy carefully prior to making a Purchase from Elevate on this website, on any Third-Party Platform (as defined below) you may be directed to, or via any other medium (e.g., by phone). This Policy is subject to, and is in addition to, any other policies, procedures, terms or conditions posted or provided by Elevate and/or found on any Third-Party Platform, including without limitation, the Terms of Use, Privacy Policy, and all applicable policies of the Third-Party Platform.
By making a purchase from Elevate of ticket(s), pass(es),credential(s), travel package(s), hospitality, experience(s), or any other item(s), service(s), or combination of any of the foregoing (each, a “Purchase”)
to any sporting, musical or entertainment event (each an “Event” and collectively, “Events”) you acknowledge and agree to be bound by the terms and conditions: including, in the case of (iii) and (iv), any terms and conditions communicated to you via a Third-Party Provider’s and/or Organizer’s website(s) or mobile application(s) (each, a “Third-Party Platform"),as well as those included in the Terms of Use and Privacy Policy.
In addition, by making a Purchase, you represent and warrant that
you are at least 18 years of age and possess the legal authority to enter into a binding contract with Elevate in accordance with the terms and conditions of this Policy, and that all information supplied by you or on your behalf in connection with transacting business with Elevate is true and accurate. You further agree to supervise all communications with Elevate under your name or account and to be financially responsible for all elements of your Purchase. Without limitation to the foregoing, any speculative, false, or fraudulent Purchase (including in anticipation of future demand or resale) is prohibited.
If you do not agree to these Policies, please do not MAKE A PURCHASE, ATTEND ANY EVENTS RELATED TO YOUR PURCHASE, OR OTHERWISE ENTER INTO ANY TRANSACTION WITH ELEVATE.
Be sure to return to this Policy periodically to review the most current version of the Policy. We reserve the right, at any time and in our sole discretion, to change or otherwise modify this Policy without prior notice to you; however, the date of any effective changes shall be reflected at the top of this page and upon request we will provide you with information regarding any changes made.
This Policy contains a mandatory arbitration AGREEMENT and class action waiver as more fully described below.
UNLESS OTHERWISE NOTED IN WRITING OR ADVERTISED AT THE TIME OF PURCHASE, ALL SALES ARE FINAL, NON-TRANSFERABLE, NON-RESALABLE, NON-REFUNDABLE, NON EXCHANGEABLE, AND
NOT REDEEMABLE FOR CASH.
Elevate shall not be obligated to provide you with your Purchase (or any element thereof) until Elevate receives full and timely payment of the total amount owed for your purchase, as reflected at check-out, if your Purchase is made through this website or a Third-Party Platform, or on your invoice or purchase order, if your Purchase is made via other means. If your Purchase includes Tickets or other deliverables, they will be delivered to you in accordance with the policies established by Elevate as disclosed to you at the time of your Purchase. Elevate is not responsible for lost, stolen, or destroyed Tickets. Before making a Purchase, carefully review your selections, including any information relating to the Event or other elements of your Purchase, and confirm all details of your Purchase prior to completing the same. Any changes you may request to your Purchase after your Purchase is complete will be made, subject to availability, in Elevate’s sole and absolute discretion and may result in additional fees or costs. For certain Purchases, you may be eligible to submit a name change for your Purchase, which if applicable will be communicated to you at the time of Purchase.
Each Purchase is a revocable license. We reserve the right, without refund of any portion of the price paid for your Purchase and without any other form of compensation payable to you, to refuse admission to or to eject you or any other person from any Event or other elements of your Purchase (including those provided by Third-Party Providers, such as hotels), and/or to withdraw or refuse to provide services to you or any other person if such person (i) fails to comply with this Policy or any other terms, conditions, policies or procedures applicable to your Purchase and/or the Event, including the rules, policies and procedures of any Third-Party Provider or Organizer, in whole or in part; (ii) fails to comply with applicable local, state or federal statute, law, rule, regulation, ordinance or order (“Applicable Law”), in whole or in part; and/or (iii) engages in conduct deemed by us or any applicable Third-Party Provider or Organizer to be disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, or out of compliance with this Policy or the applicable Third-Party Provider’s or Organizer’s terms, conditions, rules or policies (any such actions behavior, or conduct, collectively, “Removal Behavior”).
Elevate makes no representations or warranties concerning the condition of any venue where an Event or any other element or aspect of your Purchase is to take place, or such venue’s suitability for any particular purpose, and you accept the condition of any such venue “as is.” If necessary, you may be relocated to an alternative seating location at any such venue in the sole discretion of Elevate and/or the applicable Third-Party Provider or Organizer and no such relocation shall entitle you to a refund, make-good or other remedy if you are relocated to a comparable seating location in such venue.
Any resale of your Purchase (or any portion or element thereof) in violation of this Policy or Applicable Law will result in the automatic cancellation and invalidation of your Purchase and a revocation of any license granted to you in connection therewith. Furthermore, you shall not use your Purchase (or any portion or element thereof) for advertising, marketing, promotions or any other commercial purposes, including, without limitation, contests, auctions, sweepstakes and giveaways, without the express written consent of Elevate, which may be granted in Elevate’s sole and absolute discretion.
In connection with your Purchase, you may be asked to supply certain information relevant to the transaction, including, without limitation, payment information. We accept several methods of payment to accommodate your needs, including most major credit cards. You represent and warrant that any credit card information that you submit to us is true, accurate and complete, and you agree to immediately notify us if any information is inaccurate. You represent and warrant that you have the legal right to use any credit card(s) or other payment methods used in connection with a transaction.
Unless expressly stated on an applicable invoice or purchase order, all amounts payable for your Purchase are due at the time of Purchase. When making a Purchase using a credit card, you authorize us to charge your credit card at the time you make the Purchase, and at any future dates in accordance with any agreed upon payment schedule. If you have made a Purchase pursuant to a payment schedule, you agree that the credit card that you have on file with us will be charged for the amounts and on the dates set forth in the payment schedule outlined in the applicable invoice or purchase order. You agree that if such credit card expires, is invalid, is deleted or is otherwise not capable of effecting payment on the dates set forth in your payment schedule, we will provide you notice and a period of up to 10 days to provide updated payment information to process the payment. If we do not receive payment within such 10-day period, your Purchase will be canceled and all prior amounts paid in respect of your Purchase will be forfeited and non-refundable.
You are solely responsible for any and all fees charged to your credit card by the applicable card issuer, bank or financial institution, including, without limitation, any credit card membership, overdraft or over-the-credit-limit fees. You covenant and agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions set forth in this Policy in any manner, including disputing such Purchase with your credit card issuer, bank, or financial institution, or otherwise seeking a chargeback for amounts paid in respect of your Purchase. Some banks and credit card companies impose fees for international transactions. If you are making a Purchase from outside of the United States on a U.S. credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee.
The price of your Purchase may include costs in addition to those payable for Tickets to the applicable Event, including costs related to the other elements of the Purchase. As a result, please be aware that prices listed may be higher than the original face value price reflected on the face of the Ticket. Subject to the following paragraph, the price of your Purchase is deemed final once your order is confirmed. Once your order has been confirmed, if the price of any Tickets included in your Purchase increases prior to the Event, you will not be charged for the difference. Alternatively, if the price of the Tickets included in your Purchase decreases prior to the Event, no refunds or upgrades will be provided to you.
Unless otherwise noted at check-out and/or in an applicable invoice or purchase order, the total price of your Purchase is inclusive of all applicable sales, use and similar taxes. Accordingly, unless determined otherwise by a legitimate taxing authority, you shall not be liable for additional payment of sales, use or similar taxes in connection with your Purchase, all of which will be collected at Purchase. Notwithstanding the foregoing, to the extent we reasonably determine that additional taxes are applicable to your Purchase that were not
included in the total price paid by you at the time of Purchase, you shall be solely responsible for such taxes and shall pay and/or be responsible for paying any such taxes. If such taxes are not collected directly from you by a legitimate taxing authority, and such taxes are required to be paid by Elevate to such taxing authority, all such taxes shall be immediately due and payable by you to Elevate upon demand. You shall reimburse Elevate for any fees, penalties or interest paid by Elevate with respect to any such sales, use and similar taxes.
All prices are listed in U.S. dollars unless otherwise noted. Occasionally, prices are inadvertently listed incorrectly on the website. In these rare instances, if your order has not been confirmed, we may cancel your order and you will not be charged. If your order has been confirmed, you will be refunded in full and may complete your Purchase at the correct price, subject to availability. In both of these scenarios you may receive an email or phone call advising you of your options or that your order has been canceled.
All times listed are local for the Event. Event dates, times, and venue are printed on the face of the Tickets and website but are always subject to change. It is your responsibility to verify all of this information prior to the Event. Please consult local media or the Event’s and/or applicable Organizer’s official website to ensure that you arrive at the Event on the correct date, time, and at the correct venue. Elevate is not responsible for notifying you of date, time, or venue changes for the Event. If you are not able to gain admission to the Event with the Tickets that were delivered to you by Elevate, you must obtain documentation from the applicable Organizer stating that the Tickets were unusable in order for us to be able to process a refund.
UNLESS OTHERWISE NOTED IN WRITING OR ADVERTISED AT THE
TIME OF PURCHASE, ALL SALES ARE FINAL, NON-TRANSFERABLE, NON-RESALABLE, NON REFUNDABLE, NON EXCHANGEABLE, AND NOT REDEEMABLE FOR CASH. IF YOU FAIL TO MAKE A PAYMENT FOR ANY REASON, WE MAY VOID OR CANCEL YOUR PURCHASE AND YOU WILL NOT RECEIVE A REFUND OF ANY AMOUNTS PREVIOUSLY PAID. IF APPLICABLE, A VALID PASSPORT IS REQUIRED FOR TRAVEL TO THE EVENT FROM OUTSIDE THE UNITED STATES. IF YOU ARE TRAVELING TO THE EVENT FROM OUTSIDE THE UNITED STATES, PLEASE BE SURE THAT YOU HAVE A VALID PASSPORT AND ANY OTHER NECESSARY TRAVEL DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, VISAS OR PROOF OF VACCINATIONS, PRIOR TO MAKING A PURCHASE, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE IF YOU ARE UNABLE TO TRAVEL FOR ANY REASON. NO REFUNDS OR EXCHANGES WILL BE PROVIDED ON ACCOUNT OF ILLNESSES, EMERGENCIES, OR ANY OTHER UNEXPECTED CIRCUMSTANCES AFFECTING YOUR ATTENDANCE AT THE EVENT.
IT IS RECOMMENDED THAT YOU CONSIDER PURCHASING TRAVEL INSURANCE FROM A THIRD PARTY.
UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF YOUR
PURCHASE. THEREFORE, WITHOUT SEPARATE PURCHASE OF TRAVEL INSURANCE, YOU WILL NOT BE PROTECTED AGAINST ANY OR ALL OF THE FOLLOWING: THIRD-PARTY PROVIDER DEFAULT OR BANKRUPTCY, TRAVEL DELAY OR INTERRUPTION, MISSED CONNECTIONS, TRAVEL CANCELLATIONS, MEDICAL EMERGENCYTRANSPORTATION/EVACUATION & REPATRIATION, LOST OR DELAYED LUGGAGE, BAGGAGE OR PERSONAL EFFECTS, ILLNESS, CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT OR SICKNESS MEDICAL EXPENSES, AND MORE.
Without appropriate travel insurance, you understand and agree that if you cancel or interrupt your travel for any reason, your Purchase is not refundable (unless otherwise agreed to in writing) and Elevate and any Third-Party Provider’s cancellation polices (including applicable penalties) will apply, which may result in the loss of monies up to the full cost of your Purchase and any related costs. The purchase of travel insurance is not required in order to make a Purchase from Elevate. Employees of Elevate are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any travel insurance offered or available to you, nor evaluate the adequacy of you or any other prospective insured’s existing insurance coverage.
Canceled, Postponed or Relocated Events (Non-Refundable unless otherwise noted)
The location, date and time of the Event and any other elements of your Purchase are subject to change for any reason, including, but not limited to, cancellation, postponement or relocation by Elevate, the Organizer(s) responsible for the staging or hosting of the Event, or the Third-Party Providers supplying any other elements of your Purchase (collectively, the “Providers”), respectively, in each of their sole discretion, and no such change shall entitle you to a refund or any other remedy if you cannot attend for any reason due to such change, unless advertised as such at the time of your Purchase or otherwise agreed to in writing by Elevate. Without limiting the foregoing, any element of your Purchase may be canceled, postponed, delayed, altered, relocated or rescheduled at any time, with or without notice, in a Provider’s sole discretion.
In addition, no Provider will be liable to you or any other person because of any delay or failure to provide such person with any element of your Purchase or to otherwise perform its obligations hereunder if such delay or failure is caused by actions or events beyond the reasonably foreseeable control of such Provider, including, without limitation, (i) fire, earthquake, hurricane, flood, other adverse weather conditions or any other acts of God, (ii) power failures, electrical or mechanical difficulties, (iii) strikes, lockouts, work stoppages or other labor disturbances, (iv) governmental regulations or restrictions, (v) acts of terrorism, war, riots, or other civil
disturbances, (vi) epidemic or pandemic (including COVID-19), or (vii) any other cause or condition, whether known or unknown, or similar or dissimilar to any of the foregoing, that is beyond the reasonably foreseeable control of a Provider (each, a “Force Majeure Event”).
Any delay or failure of Elevate or any other Provider to provide your Purchase (or any portion or element thereof) or to perform any of its obligations hereunder that is caused by a Force Majeure Event shall not constitute a breach of this Policy or grounds for your cancellation, revocation, suspension or termination of your Purchase or this Policy. For the avoidance of doubt, postponement, relocation or cancellation of an Event or any other element of your Purchase due to a Force Majeure Event is beyond the control of Elevate, and Elevate will not issue any refund or exchange of your Purchase or any element thereof, unless advertised as such at the time of Purchase or otherwise agreed to in writing.
Your Purchase is a “rain or shine” final Purchase. If an Event is canceled, postponed, delayed, altered, relocated or rescheduled, Elevate will not refund incidental expenses that you may have incurred as a result of your plans to attend the Event, including, but not limited to, transportation expenses, hotel reservations, or rental car costs. We are not responsible for the actions of any other Providers when an Event is canceled. If an Event is postponed or rescheduled, please retain your Ticket. In most cases, elements of your original Purchase, including any Tickets, will be honored for the new Event date and new Tickets will not need to be reissued. Refunds or exchanges will not be made for postponed, relocated or rescheduled Events, and you shall only be entitled to attend the relocated or rescheduled Event. It is your responsibility to verify information regarding relocated or rescheduled Event locations, dates and times prior to attending a relocated or rescheduled Event. Schedules, performers, participants, teams, production elements, amenities, and all other aspects of the Event and/or your Purchase are subject to change without notice and without grounds for refund. If an Event is canceled for any reason other than a Force Majeure Event, refunds for Tickets and any other elements of your Purchase will be made at the sole discretion of Elevate and the applicable Organizers or Third-Party Providers, or as otherwise required in accordance with Applicable Law. If we issue you a refund for your Purchase, or one or more Tickets individually, due to a canceled Event, we will issue a refund of the Tickets’ face value and such refund will be limited only to the portion or elements of your Purchase that were unable to be utilized due to such cancellation. In no event will delivery charges or any other amounts be refunded.
In connection with your Purchase and/or your use of this website, you may be presented information about travel services, travel packages, transportation, dining options, hotel, resort or other lodging accommodations, various forms of entertainment and many other services and amenities. Much of this information is supplied to us by Third-Party Providers, including, without limitation, hotels, resorts, transportation companies, and other service providers, and we cannot always verify the accuracy of such information. Some of the goods and/or services which may be included in your Purchase are provided by Third-Party Providers in accordance with their own terms and conditions which may limit or exclude such Third-Party Provider’s liability to you.
By making a Purchase, you agree to abide by the terms and conditions of any Third-Party Provider with whom you elect to deal, including, but not limited to, those included on any Third-Party Platform. You understand that any violation of any Third-Party Provider’s terms and conditions may result in: (i) cancellation of your Purchase (or the applicable element thereof), (ii) you being denied access to the applicable element of your Purchase and/or the Event, (iii) you forfeiting any monies paid for such element of your Purchase, and/or (iv) our debiting your account, without refund, for any costs we incur as a result of such violation or any cancellations that result in a fee charged to Elevate. You agree that we are in no way responsible for the accuracy, timeliness or completeness of information provided by Third-Party Providers or otherwise included on a Third-Party Platform. Your interaction with any Third-Party Platform is at your own risk, and we will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Third-Party Platform or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any Third-Party Provider or Third-Party Platform. You acknowledge that some Third-Party Providers offering certain services and/or activities may require you to sign a liability waiver prior to participating in the service and/or activity that they offer, that you may be denied access or participation in such services and/or activities if you refuse to sign any such waiver, and that Elevate has no ability to waive such requirement or otherwise allow for your participation if you refuse to sign any such waiver.
If your Purchase includes hotel, resort or other lodging accommodations, certain hotels, resorts or providers of other lodging (collectively, “Hotels”) may have minimum age requirements. Please pay attention to all details of each package description prior to making a Purchase, as no refunds or exchanges will be available for erroneously made Purchases. Some Hotels may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Elevate for your Purchase or any other transaction, and you will be solely responsible for paying any such deposit. Some Hotels may also require you to present a valid driver’s license or Passport upon check in. You acknowledge that you may be relocated to an alternative room (including a room in a different Hotel than the originally booked Hotel) in the sole discretion of a Hotel, and no such relocation shall entitle you to a refund, make-good or other remedy from Elevate if you are relocated to a comparable room at the same Hotel or a different Hotel.
If applicable, information provided by us with respect to Hotels (including, without limitation, ratings, photographs, lists of Hotels, and descriptions of property and rooms) are provided by the respective Third-Party Providers. This information is meant to serve as a general guide, and we do not endorse and cannot
guarantee the accuracy of any information provided by or on behalf of a Hotel or other Third-Party Provider.
It is your sole responsibility to make yourself aware of any and all regulations and/or requirements imposed by Third-Party Providers that supply travel offerings and/or the applicable countries of entrance/exit (including the United States), and to obtain and carry a valid passport, visa(s), and any and all other documents required by applicable government regulations or applicable Third-Party Providers when traveling. When traveling domestically, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight.
When you receive any and all travel documents, it is your sole responsibility to review and verify all information. Contact Elevate immediately if changes or corrections are required. You are responsible to ensure you have the proper immunizations and required documentation of such immunizations before undertaking any travel, and to make the necessary accommodations for security rules imposed by government authorities. Elevate shall not assume responsibility for, and expressly disclaims any and all responsibility or liability for, the accuracy of health, vaccination and/or documentation requirements prior to departure or upon landing at your final destination.
Check the U.S. State Department Website http://travel.state.gov,
for relevant information relating to travel to specific destinations, and the U.S. Centers for Disease Control and Prevention http://wwwnc.cdc.gov/travel/ relating to health issues. Please note that the United States’ rules regarding entry and exit change on a daily basis. For the latest information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States visit www.tsa.gov, www.dot.gov, www.faa.gov.us, www.ustreas.gov, and www.cbp.gov.
Travel to certain destinations may involve greater risk than others. Elevate urges customers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the U.S. Government prior to booking travel to international destinations. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and may be completed by going to https://step.state.gov/step/.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, ELEVATE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS. YOU WILL NOT BE ENTITLED TO A REFUND IF YOU ARE UNABLE TO UTILIZE YOUR PURCHASE DUE TO ANY FAILURE TO PROCURE AIRLINE TRANSPORTATION. NO REFUNDS WILL BE ISSUED FOR UNUSED ARRANGEMENTS OR FAILURES TO MEET MINIMUM PASSENGER REQUIREMENTS.
ELEVATE SPORTS VENTURES INC. is registered with the State of Florida as a Seller of Travel. Registration No. ST44172.
By making a Purchase or attending an Event, you (on behalf of yourself and your guests and invitees) hereby irrevocably grant to Elevate and its parent, subsidiary, member and other affiliated companies (collectively, “Affiliates”) and its and their respective designees, successors, assigns and licensees (collectively, “Grantees”), the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with other events produced by a Grantee, and you hereby release the Grantees from any liability with respect thereto. Except as expressly authorized by Elevate or a third party authorized by Elevate, you acknowledge and agree (on behalf of yourself and your guests and invitees) that you and they may not film, photograph, broadcast, stream, publish, transmit, and/or otherwise offer to the public (or assist any third party in offering to the public), on a live or on a delayed basis, in whole or in part, and whether on a free basis or subject to payment, any sound recording, photograph, video footage, motion picture, film, and/or other audio and/or visual content captured by any means whatsoever of an Event and/or in or around an Event site.
By purchasing a Ticket to, and/or attending, an Event, you acknowledge and agree to be bound by the terms and conditions set forth in Elevate’s Privacy Policy and any Privacy Policy of an Organizer or Third-Party Provider found on a Third-Party Platform. Without limitation to anything set forth in Elevate’s Privacy Policy, you acknowledge and agree that Elevate may share your personally identifiable information, including, without limitation, your name, address and email address with its Affiliates, the Organizers of the Event you attend and/or other Events, and any Third-Party Providers, and with certain other third parties in connection with the operation of our and their respective businesses. Potential uses of your personally identifiable information include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product and service customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution for Events, (g) website evaluation, (h) data collection, storage, management, and analysis, (i) internet-based, targeted and/or online behavioral advertising, and/or (j) any other services designed to assist Elevate, its Affiliates, Organizers and Third-Party Providers in maximizing our and/or their business potential and profits.
An Event and/or its Organizer(s) may have enhanced health and safety measures in place in order to prevent further spread of COVID-19. You (as well as any of your guests and invitees) may be required to follow policies or protocols put in place by the local, state, or federal governments, the Organizer(s), or any applicable Third-Party Provider in order to attend the Event or any other element of your Purchase (collectively, “Protocols”). Such Protocols may include, but are not limited to, social distancing, wearing masks, and providing proof of vaccination against COVID-19 or a negative COVID-19 test.
Refunds will not be provided if you are denied access to an Event for failure to follow Protocols. Additionally, you and your guests and invitees should refrain from attending an Event if such person believes they have come into contact with COVID-19 or are otherwise not feeling well. You, on behalf of yourself and your guests and invitees (including minors accompanying you or your guests and invitees) acknowledge that COVID-19 is extremely contagious and that despite the measures taken by the applicable Organizer(s) and/or Third-Party Provider(s) to help mitigate the risk of transmission, including any Protocols, the elimination of risk of exposure and infection to COVID-19 is not currently possible. Therefore, it shall be your sole responsibility, as well as the responsibility of your guests and invitees, including on behalf of any minors accompanying any of the forgoing, to utilize best efforts to avoid any action or omission which may jeopardize your own safety or the safety of others.
IN FULL KNOWLEDGE AND. COMPLETE ASSUMPTION OF ALL THE RISKS, PURCHASER, FOR ITSELF AND ON BEHALF OF ITS GUESTS AND INVITEES (INCLUDING MINORS ACCOMPANYING PURCHASER OR ITS GUESTS AND INVITEES) (COLLECTIVELY, THE “RELEASING PARTIES”), HEREBY IRREVOCABLY AGREES THAT THE RELEASING PARTIES WILL NOT SUE OR CLAIM AGAINST THE RELEASEES (AS DEFINED BELOW) FOR ANY INJURY, ILLNESS, DAMAGE, LOSS OR HARM TO ANY RELEASING PARTY OR SUCH RELEASING PARTY’S PROPERTY, INCLUDING ANY RELEASING PARTY’S DEATH OR DISABILITY, WHETHER IN CONNECTION WITH ANY SUCH INJURY(IES), ILLNESS(ES), DAMAGE(S), LOSS(ES), HARM(S), OR OTHERWISE, RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO PREPARATION FOR, TRAVEL TO OR FROM, ATTENDANCE AT, AND PARTICIPATIONbIN AN EVENT OR USING AND/OR PARTICIPATING IN ANY OTHER ELEMENTS OF A PURCHASE, INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY PROVIDER SERVICES PURCHASED
HEREUNDER.
You and your belongings may be searched upon entry to, or otherwise in connection with your attendance at any Event included in your Purchase. You hereby consent to such searches and any other security policies, procedures or protocols (including any Protocols) implemented by a Providers (collectively, “Safety Procedures”), and forever waive any and all related claims against any Provider that could arise in connection such Safety Procedures. If you elect to withdraw your consent to Safety Procedures or you otherwise fail to follow any Safety Procedures, you may be denied access to an Event, or removed from an Event, without refund or other compensation payable to you. Under certain facility rules, certain items may not be brought into certain Events or in or around Event sites or premises, including, without limitation, alcohol, drugs, controlled substances, weapons of any kind (including toy weapons), professional cameras and recording devices, laser pointers, strobe lights, irritants, various forms of containers, and any other item noted as prohibited. Please review the relevant Safety Procedures to ensure you understand and are familiar with what may or may not be brought into a particular Event or in or around a particular Event site or premises. If an Event or another element of your Purchase involves up-close interactions with athletes, celebrities, officials, or other VIPs, you and your guests and invitees may be subject to a criminal background check prior to participating in such Event or other element of your Purchase. You (for yourself and on behalf of your guests and invitees) consent to such background checks and waive any related claims against any Providers that may arise in connection therewith. If you or any of your guests or invitees elect not to consent to such background checks, Elevate may cancel your Purchase in our sole discretion. Breach of this Policy, any Protocols or Safety Procedures, or any the any terms, conditions, rules or policies of any applicable Provider will immediately and without further action terminate your license to attend the applicable Event without refund or other compensation payable to you.
Without limiting anything set forth in this Policy, you hereby represent and warrant that: (a) you will not violate any Appliable Law at or in connection with the applicable Event and/or any other element of your Purchase; (b) you are of sufficient legal age and authority to enter into any transaction with Elevate, to attend the applicable Event, and to create legal binding obligations for any liability you may incur as a result of agreeing to this Policy and making a Purchase; (c) you are an authorized user of the credit or debit card used enter into any transaction with Elevate; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules (including any Protocols and Safety Procedures) set forth by any applicable Provider; (e) you have obtained any and all passports, visas, proof of vaccinations, health information and/or other permission necessary in connection with your travel to and attendance at the applicable Event and any other elements of your Purchase; and (f) you will not attempt to evade, avoid, or circumvent any refund prohibitions set forth in this Policy in any manner, including disputing such Purchase with your credit card issuer, bank, or financial institution, or otherwise seeking a chargeback of any amounts paid in respect of your Purchase.
ALL PRODUCTS, GOODS AND SERVICES PROVIDED TO YOU IN
CONNECTION WITH YOUR PURCHASE ARE PROVIDED “AS IS”, AND ELEVATE EXPRESSLY
DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, IN EACH CASE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You acknowledge and agree that by purchasing a Ticket and/or attending an Event and/or using any corresponding travel services and amenities included in your Purchase, you may be engaging in activities that may involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions or negligence of a third party, and participants, volunteers, performers, guests and spectators at the Event; (b) conditions of any premises or equipment used in connection with the Event or any other element of your Purchase; (c) temperature and/or weather conditions; (d) condition of other participants or guests; (e) vehicular traffic; (f) offensive language or other vulgar or obscene material or actions; and (g) other risks that are not known or foreseeable at this time.
LOUD MUSIC AND SPECIAL EFFECTS WARNING: Attendees of an Event may be subject to extremely loud music and sounds, as well as race cars, strobe, hydro, pyrotechnic, animatronic, fireworks, lighting and other special effects, including, without limitation, flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and/or individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before attending an Event, or otherwise entering or remaining on the Event site or premises, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.
ALL ORGANIZERS AND THIRD-PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ELEVATE. ELEVATE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH ORGANIZERS OR THIRD-PARTY PROVIDERS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. ELEVATE SHALL HAVE NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN WHOLE OR IN PART, ELEVATE, THE RELEVANT ORGANIZERS, THEIR RESPECTIVE AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENT OR HOLDING COMPANIES, SUBSIDIARIES, OWNERS, MEMBERS, EMPLOYEES,
AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE
LIABLE FOR, AND THE RELEASING PARTIES HEREBY RELEASE THE RELEASEES FROM, AND AGREE NOT TO SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE, THE USE OF OR INABILITY TO USE A PERSONAL RECORDING OR MOBILE APPLICATION, THE MATERIALS AND/OR FACILITIES OR PRODUCTS, GOODS AND/OR SERVICES OFFERED AT OR IN CONNECTION WITH THE EVENT, INCLUDING, BUT NOT LIMITED TO,
INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES (EVEN IF ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO APPLICABLE LAW, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO ANY AND ALL RELEASING PARTIES OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO ELEVATE FOR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES. UNLESS OTHERWISE PERMITTED BY LAW, NO ACTION ARISING OUT OF OR RELATING TO YOUR PURCHASE, THE TRANSACTIONS IT CONTEMPLATES, OR THIS POLICY MAY BE COMMENCED AGAINST A RELEASEE MORE THAN 12 MONTHS AFTER THE BASIS FOR SUCH CLAIM COULD REASONABLY HAVE BEEN DISCOVERED.
You agree to defend, indemnify and hold harmless the Releasees from and against any and all liabilities, claims, damages, judgments, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of or in connection with (a) your Purchase, any element thereof, or any transactions contemplated thereby; (b) your violation or breach, or alleged violation or breach, of this Policy or other any other applicable policies or procedures of a Provider, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein and therein; (c) your attendance at or in connection with an Event, including, without limitation, any Removal Behavior or other actions or omissions by you; and/or (d) your use of this website.
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.
Governing Law; Disputes; Mandatory Arbitration Agreement and Class Action Waiver
Subject to the provisions of applicable law, this Policy is governed in accordance with the laws of the United States of America and the State of Delaware, without regard to its choice or conflict of law provisions. Purchaser and Elevate each hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the State of North Carolina for the adjudication or disposition of any claim, action or dispute arising out of this Policy. Notwithstanding anything to the contrary contained in this Policy, Purchaser and Elevate each hereby waive any and all rights to a judicial determination of any dispute or claims related to this Policy, including the right to trial by jury, and any and all disputes, claims, or causes of action between the parties arising out of or concerning this Policy or any alleged breach thereof by either party, and agree to resolve any disputes or claims through binding arbitration. Any dispute or claim relating in any way to the products or services sold or distributed by Elevate or through Elevate, will be resolved by binding arbitration rather than in court, with the following exceptions:
The arbitration agreement in this Policy is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted and will survive termination of this Policy. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by Applicable Law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Policy, including, but not limited to any claim that all or any part of this Policy is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow this Policy as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Elevate Sports Ventures Inc., 6100 Fairview Road, Suite 1220, Charlotte, NC 28210, Attn: Legal Department. You may choose to have the arbitration conducted by video conference or in Charlotte, North Carolina. In the event that the location of the arbitration is for any reason held to be unenforceable, the arbitration shall take place in person in the county where you live or at another mutually agreed location.
BY MAKING YOUR PURCHASE, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. Purchaser and Elevate each hereby agree that the
arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither Purchaser nor Elevate will be entitled to arbitrate such dispute.
UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA
LICENSEES ARE ENTITLED TO THE FOLLOWING SPECIFIC CONSUMER RIGHTS NOTICE: THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS MAY BE CONTACTED IN WRITING AT 1625
NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916)
445-1254 OR (800) 952-5210.
Nothing contained in this Policy will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights, if any, or obligations in connection with your Purchase or under this Policy, to any person without Elevate’s express written consent. Elevate may assign its rights and duties in connection with your Purchase and under this Policy without such assignment being considered a change to the Policy and without notice to you. The terms and conditions set forth in this Policy represent the entire understanding and agreement between you and Elevate relating to your Purchase and the other precise subject matter set forth herein, and this Policy hereby supersedes any and all prior statements, understandings or agreements regarding your Purchase and/or such subject matter, whether oral or written. This Policy may not be modified except in a writing signed by Elevate. Any waiver of any provision of these terms must be in writing and signed by Elevate to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason, then such provision shall be severable and ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.