Terms and Conditions of Website Usage Agreement
Last Revised: February 7, 2018
Thank you for visiting the Terms and Conditions of Website Usage Agreement (the "Agreement") page of the CFW Festival (the “Event”) website (the “Event Website”) presented by Forward Sports and Entertainment LLC (“FSE”). Your access and use of the Event Website is subject to the following terms and applicable laws.
Certain services or other offerings made available on the Event Website may have additional terms and conditions that apply, and which can be viewed either on the pages containing such services or offerings, or via a link on those pages or other directions to the additional terms and conditions.
BY USING THE EVENT WEBSITE, YOU ARE AGREEING TO THIS AGREEMENT WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS SUCH ADDITIONAL OR AMENDED TERMS AND CONDITIONS AS FSE MAY FROM TIME TO TIME PUBLISH.
You must be at least 13 years old to use the Event Website. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to this Agreement on your behalf and you may only access and use the Event Website with permission from your parent or legal guardian.
2. Prohibited Activities
You must not use the Event Website to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of FSE or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts the Event Website, imposes an unreasonable or disproportionately large load on the Event Website infrastructure or otherwise adversely affects, restricts or inhibits any other user from using the Event Website; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent or inappropriate, which constitutes hate speech, or is otherwise objectionable in FSE’s sole determination; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any material of a commercial nature, including but not limited to advertising, promotions, "junk mail," "spam," "pyramid schemes," "chain letters" or solicitation of any kind; (vii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (viii) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (ix) use or attempt to use another's information, account, password, service or system except as expressly permitted; (x) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers or credit or debit card numbers; (xi) use automated scripts to collect information from or otherwise interact with the Event Website; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Event Website.
The Event Website may contain links and pointers to other Internet sites and resources, including, without limitation, sites from which you may purchase products or services related to the Event. FSE 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. Intellectual Property
The Event Website is owned and operated by FSE and/or its affiliates, and is protected by copyright law and other United States and international laws and treaties. All rights reserved. Copyright in the content and the software provided are owned by or licensed to FSE.
Materials from the Event Website may not be copied, distributed or transmitted in any way without the prior written consent of FSE. No links to the Event Website may be created without the express written consent of FSE. Subject to the limitations and restrictions stated herein, users of the Event Website may download one copy of any and all materials on the site for personal, non-commercial use, provided they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice.
Unless otherwise noted, products, product names, designs, logos, text, images, graphics, audio, video, code, domain names, organization, and user look-and-feel within the Event Website are the trademarks, service marks, trade names, copyrights, patents, or other property of FSE (“FSE Intellectual Property”). Unauthorized use of the materials from the Event Website may violate copyright, trademark, and other laws. Nothing on the Event Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any FSE Intellectual Property displayed on the Event Website without the express, written permission of FSE. All rights not expressly granted herein are reserved.
All material on the Event Website is provided for lawful purposes only. Images of people or places in the Event Website are either the property of or used with permission by FSE. The use or misuse of those images except as expressly authorized is prohibited. FSE reserves complete title and full intellectual property rights in materials downloaded from the site.
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to FSE through this site is not confidential. FSE shall be entitled to reproduce, distribute or use any such information submitted for any purpose without compensation to the person sending the submission.
The user acknowledges the originality of any submission communicated to FSE and accepts responsibility for its accuracy, appropriateness and legality.
5. Disclaimer and Limitation of Liability
BY USING THE EVENT WEBSITE, YOU EXPRESSLY AGREE THAT USE OF THE EVENT WEBSITE IS AT YOUR SOLE RISK. THE EVENT WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FSE DOES NOT WARRANT THAT USE OF THE EVENT WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. FSE DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE EVENT WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED FOR SALE ON THE EVENT WEBSITE. FSE SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT POSSIBLE UNDER LAW. NO VERBAL INFORMATION PROVIDED BY FSE SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL FSE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE EVENT WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE EVENT WEBSITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FSE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF FSE IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE EVENT WEBSITE. IN NO EVENT SHALL FSE 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, TICKETS OR SERVICES, WHETHER THROUGH THE EVENT WEBSITE OR ANY THIRD PARTY WEBSITE LINKED TO THE EVENT WEBSITE.
TO THE FULLEST EXTENT POSSIBLE UNDER LAW, FSE’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED $50.
You hereby agree to indemnify and hold FSE, and any parent, subsidiary, affiliated and related entities, and any entity which, now or in the future, controls, is controlled by or is under common control with FSE, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (i) your use of the Event Website or any third party site reached by clicking a link on the Event Website; or (ii) any alleged breach of this Agreement by you.
7. Arbitration; Consent To Jurisdiction In Texas; Attorneys' Fees; Time Period Limitation For Claims
- Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Event Website (including all commercial transactions conducted through the Event Website) ("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 FSE waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Tarrant County, Texas, 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.
- Subject to the limitations set forth below in this Section 7.B, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Texas, provided that:
- The arbitrator shall not have authority to award punitive damages; and
- 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 FSE 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.
- 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 Tarrant County, Texas (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 FSE waive any and all rights to trial by jury with respect to any Claims.
- In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section 7, or initiates a proceeding involving a Claim under Section 7.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.
- To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide FSE with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
8. 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 FSE shall be governed by, and construed and interpreted in accordance with, the laws of the State of Texas, without regard to conflict of laws principles.
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. FSE may be required to notify you of certain events concerning the Event Website and your use thereof, and your use of the Event Website constitutes acceptance that such notices will be effective upon our posting them on the Event Website or, if we elect in our sole discretion, emailing you at an address you have provided to us. Sections 5, 6, 7, 8, and 9 of this Agreement will survive any termination or cancellation of this Agreement. FSE’s performance under this Agreement is subject to applicable law and nothing contained herein is in derogation of FSE’s right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Event Website or information provided to or gathered by FSE 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. Under no circumstances will FSE be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. The failure by FSE to enforce any right or provision of this Agreement will not prevent FSE from enforcing such right or provision in the future. FSE may assign our rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
10. Acceptance Of Agreement
BY USING THE EVENT WEBSITE, 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 Event Website. FSE may change the terms of this Agreement at any time, and your use of the Event Website after such change is posted will mean that you accept such change. FSE reserves the right to not provide the Event Website to any person. FSE also reserves the right to terminate any user’s right to access the Event Website at any time, in its discretion. If you violate any term of this Agreement, your permission to use the Event Website automatically terminates.
11. Notice For California Consumers
Under California Civil Code Section 1789.3, California users of the Event Website 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.
12. Applicability of Content
Information on this site includes description of products and services that may be available in the United States of America only. This site is operated in the State of Texas, United States of America, and FSE makes no representation that the content provided is applicable or appropriate for use in other locations.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK THE EVENT WEBSITE FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.