Outdoor Resort Palm Springs (“Member”) outsources its box office services (the “Services”) to Vendini, Inc. (“Vendini”) the provider of the ticketing/donation service. Vendini values the privacy of our members and customers. Please visit www.vendini.com/privacy for a complete description of how we use the information that you may provide to us. Your use of our ticketing or donation services constitutes your consent to our privacy policies.
Conditions of Sale
ALL SALES ARE FINAL. No refunds or exchanges. In the event of a cancellation for which there is no rescheduled date, a refund for this ticket may be issued at the option of the management.
NO REFUNDS OR EXCHANGES. YOU ASSUME ALL RISK AND DANGER INCIDENTAL TO THE GAME, EXHIBITION, EVENT, OR PERFORMANCE WHETHER OCCURRING PRIOR TO, DURING, OR AFTER SAID SHOW. YOU ASSUME ALL RISK AND DANGER OF INJURY AND YOU AGREE THAT THE MANAGEMENT, ITS AGENTS, AND THE PERFORMERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES RESULTING FROM SUCH CAUSES. NO ALCOHOL, DRUGS, WEAPONS, FOOD, OR GLASS CONTAINERS ALLOWED. NO RECORDING DEVICES, STILL CAMERAS, OR VIDEO CAMERAS PERMITTED. NO TRANSMISSION OR AIDING IN TRANSMITTING ANY DESCRIPTION, ACCOUNT, PICTURE, OR REPRODUCTION OF THE EVENT, GAME, PERFORMANCE, OR EXHIBITION. YOU HEREBY CONSENT TO THE REASONABLE SEARCH FOR ALCOHOLIC BEVERAGES, DRUGS, OR WEAPONS. YOU FURTHER CONSENT TO THE USE OF YOUR IMAGE OR LIKENESS INCIDENTAL TO ANY DISPLAY, TRANSMISSION, OR REPRODUCTION OF THE EVENT. MANAGEMENT RESERVES THE RIGHT TO REFUSE ADMISSION OR EJECT ANY PERSON WHOSE CONDUCT IS DEEMED BY MANAGEMENT TO BE DISORDERLY OR WHO FAILS TO COMPLY WITH THE TERMS AND CONDITIONS HEREIN. IN THE EVENT OF A CANCELLATION FOR WHICH THERE IS NO RESCHEDULED DATE, A REFUND FOR THIS TICKET MAY BE ISSUED AT THE OPTION OF THE MANAGEMENT AND MAY NOT INCLUDE ADDITIONAL TICKETING FEES (I.E., TICKETING OPERATIONS FEE, SHIPPING FEES, ETC.).
VENDINI DOES NOT PROMISE THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED THROUGH THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. VENDINI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VENDINI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR SOLE REMEDY AGAINST VENDINI FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Vendini reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, VENDINI AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) YOUR USE OR INABILITY TO USE THE SERVICES; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS PURCHASED THROUGH THE SERVICES; (iii) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF EACH OF OUR OFFICERS, MANAGERS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.
You agree to indemnify and hold Vendini, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Vendini by any third party due to or arising out of or in connection with your use of the Services. Your indemnification obligation will survive the termination of your use of the Services.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Francisco, California, and waive any objection to such jurisdiction or venue. Any claim hereunder must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
Void Where Prohibited
Vendini administers and operates the Services from its location in San Francisco, California USA. Although the Services may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Vendini reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.