ULTRA MUSIC FESTIVAL PAYMENT PLAN FOR 2019 EVENT TERMS AND CONDITIONS
This is a legal agreement (“Agreement”) among you and Event Entertainment Group, Inc., a Florida corporation and its subsidiaries, affiliates, designees, successors and assigns (collectively “Ultra”, and sometimes referred to as “EEG”, “we”, “us” or “our” and we may be contacted at c/o Law Center of the Americas, LLC, 201 South Biscayne Boulevard, Suite 800, Miami, Florida 33131. Please review this Agreement carefully, including the Arbitration of Disputes provision in Section 10, which describes how Disputes (as defined below) shall be resolved between us.
- The Payment Plan. As a convenience, Ultra is offering on a limited basis, and to a limited number of participants, the option to first reserve, then later purchase General Admission tickets to the upcoming 2019 Ultra Music Festival (the “Payment Plan”) in installments and over a fixed period of time as specified and pursuant to applicable terms and conditions. Specifically, your purchase will be broken into payments of $133.31 which shall be made prior to November 1, 2018, $133.32 due on November 1, 2018 and $133.32 due on December 1, 2018, with the full shipping charge up to $14.95 for U.S. transactions added to the first payment. International shipping charges vary and may be higher than $14.95. There will also be a convenience charge of $9.95 per order added to your first payment for the use of this service. The payments listed above do not include service charges, state taxes and fees. If, for any reason, any of your payments are declined, in whole or in part, then ALL OF THE FOLLOWING WILL APPLY: (i) your order and your ticket reservation will be permanently and officially cancelled, following our email notification to you of the failed payment attempt(s) and following an opportunity by you to update the credit card information on file within 10 calendar days of our initial notification(s) of such payment failure; (ii) we will retain a $99.95 restocking fee; (iii) the remaining portion of the initial deposits or prior payment(s) made by you shall be refunded back to the credit card on file for the payment plan order; and (iv) no other payment plan tickets may be purchased under the cancelled account. You acknowledge and agree that, until ALL payments required hereunder are made in accordance with the terms and conditions set forth herein, your participation in the Payment Plan operates only as a ticket reservation and not as an actual ticket purchase. During the term of the Payment Plan, your ticket order will be reserved until final payment is made, and ONLY at such time, shall your tickets be deemed to have been officially purchased and shall then be scheduled for delivery in accordance with our standard shipping, delivery and pick-up rules, terms and conditions.
- Transaction Information. ALL SALES ARE FINAL AND NON-TRANSFERABLE, NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH.
Ticketing and Payment Processing. The Payment Plan shall be administered by SHOWCLIX, INC., our authorized ticketing administrator and payment processor and as a Third Party Processor, as that term is later defined herein. All inquiries relating to either Payment Plan transactions as processed by SHOWCLIX, INC. or to your participation in the Payment Plan must be directed to SHOWCLIX, INC. for handling. SHOWCLIX, INC. can be contacted using the below information:
650 Smithfield Street
Pittsburgh, PA 15222
9:00am-9:00pm (EST Monday-Friday)
10:00am-6:00pm (EST Saturday-Sunday)
- Eligibility Requirements. In order to participate in Ultra’s Payment Plan, you must be at least 18 years of age or older. Registration for, and use of, the Payment Plan Services shall be void where prohibited and participation in Ultra’s Payment Plan shall only be available to online users. You may only participate in the Payment Plan if you intend to first reserve and later purchase your tickets using your credit card via our online systems.
- Selection of Payment Participants. Only a limited number of general admission tickets shall be made available for Ultra’s Payment Plan and individuals eligible to participate in the Payment Plan shall be determined on a first-come first-served basis. Ultra may, at any time, and with or without advanced notice, increase or decrease the number of tickets available under the Payment Plan, terminate or discontinue offering the Payment Plan Service.
- Data Provided To Third Party Sites, Links. Ultra’s Services, including the Payment Plan, may contain links to web sites of third-parties. By virtue of your participation in Ultra’s Payment Plan, you may be directed to a third-party website(s) including without limitation, websites controlled and operated by independent ticket processors, merchant and on-line payment processors and administrators, or fraud detection, monitoring and management service providers (“Third Party Processors”), among others, and you acknowledge that such Third Party Processors’ sites are not under the direct or indirect control of Ultra and that Ultra is not, and shall not be, held responsible for the handling or processing of any information obtained from or provided by you to such Third Party Processors or for any changes or updates to such Third Party Processors’ Terms and Conditions or to their websites. You additionally acknowledge and agree that all Third Party Processors may subject you to additional terms and conditions in addition to those set forth in this Agreement. Although Ultra and its Third Party Processors may occasionally use various ways of verifying information that you have provided, you nonetheless agree that Ultra and its Third Party Processors shall have no liability to you arising from any incorrectly verified information as verified by us, or any Third Party Processor. You further agree that Ultra will not be responsible or liable for any loss or damage whatsoever incurred by you as a result of any such dealings with Third Party Processors.
- Disclaimer of Warranty. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ULTRA PROVIDES THE PAYMENT PLAN ON AN “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE PAYMENT PLAN. IF ANY TERM OR PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID, ILLEGAL, OR OTHERWISE UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL NOT AFFECT THE OTHERWISE VALID TERMS OR PROVISIONS OR THE WHOLE OF THIS AGREEMENT. THE APPLICABLE TERMS OR PROVISIONS SHALL BE DEEMED MODIFIED TO THE EXTENT NECESSARY TO RENDER SUCH PROVISION ENFORCEABLE, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES WILL BE CONSTRUED AND ENFORCED ACCORDINGLY.
- Limitation of Damages. IN NO EVENT WILL ULTRA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE THE PAYMENT PLAN PROVIDED BY THIRD PARTY PROCESSORS, EVEN IF ULTRA KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IT IS FURTHER AGREED BY YOU THAT UNDER NO CIRCUMSTANCES WILL ULTRA’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNT OF $50.00 OR ITS EQUIVALENT.
- Indemnification. You agree to indemnify, defend, covenant not to sue, and hold harmless Ultra and each of its officers, directors, employees, principals, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs at the trial and appellate levels) directly or indirectly relating to or arising from any claim regarding (i) your use of or inability to use the Payment Plan, (ii) Ultra’s discontinuation of the Payment Plan service; (iii) your violation of any terms or conditions of this Agreement or your default of any or all of the payment terms associated with the Payment Plan, or (iv) your violation of any applicable laws, rules or regulations unless caused solely by our gross negligence or willful misconduct. Notwithstanding the foregoing, Ultra further reserves the sole and exclusive right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall fully cooperate with Ultra in asserting any available defenses.
- Arbitration of Disputes. You and EEG agree that any disputes arising from or relating to the the Payment Plan, or any relationship or dispute between you and EEG or you and Ultra or you and any company or person employed by or which is affiliated with either EEG or Ultra, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Florida Arbitration code to the maximum extent permitted by applicable law. In no event shall you commence a chargeback dispute with your credit or debit card issuer relative to the Payment Plan purchased hereunder or regarding any amounts forfeited hereunder or similar charge reversal. You further agree that Ultra shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder. PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. Such arbitration shall be conducted at the AAA office located in Miami, Florida. Any proceeding to enforce this arbitration agreement must be brought in the state court or, if jurisdiction permits, in the U.S. District Court in the Southern District of Florida or in any Florida court of competent jurisdiction with venue lying in Miami-Dade County, to the exclusion of all other forums. This contract shall be governed and construed in accordance with the laws of Florida, excluding Florida’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Florida, excluding Florida’s choice-of-law principles.
- Right to Seek Injunction. Violation of this Agreement by you shall cause Ultra irreparable harm, and you therefore agree that Ultra will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to, and without prejudice to, any other rights or remedies that Ultra may have for a breach of this Agreement.
- Miscellaneous. This Agreement, which you accept upon use of the Payment Plan, comprises the entire agreement between you and Ultra regarding the Payment Plan and which supersedes any prior agreements between you and Ultra related to the Payment Plan. Unless otherwise explicitly stated, this Agreement will indefinitely survive termination of the Payment Plan. The failure of Ultra to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
- Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- Revision Date. This Agreement was last revised on September 23, 2018.
Copyright © 2018 Ultra Enterprises Inc. All RIGHTS RESERVED.