Taxin 376 LLC ("The Company," "we," or "us") provides its web site, located at http://whiztix.com (together with all other websites and services operated by or on behalf of us the "Site"), to you, an individual user ("you") for your individual usage, subject to compliance with the terms and conditions set forth herein.
You affirm that you are over the age of 18, as the Site is not intended for children under 18. If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user's account.
2. Changes to the TOU
We reserve the right at any time to:
You agree that the Company may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.
3. Copyright, Linking Policy and Trademarks
The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, user submissions, third-party Apps, and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein are the property of the Company and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. The Company reserves all rights not expressly granted in and to the Site.
4. User Conduct
You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Site and its services , you agree not to use the Site for any unlawful purpose, and you agree to comply with all applicable laws, rules and regulations.
The Company has the right to terminate your access to the Site, at any time, in its sole discretion.
5. Refund Policy
The Company is currently offering several publications, a newsletter (the “Newsletter”) and a guide (the “Guide”). All sales of the Guide are final. All sales of the Newsletter are final, and no refunds of sales of the Newsletter shall be granted, except as follows: if you purchase an annual subscription to the Newsletter and wish to cancel your subscription and you notify us by e-mail, we will permit such cancellation effective 30 days after your notification to us and we will refund to you on a pro-rated basis the unused portion of the year’s fee commencing on the first day of the month following the effective date of cancellation. Notwithstanding the foregoing, if you violate this TOU, we reserve the right to terminate your subscription to the Newsletter without providing any refund, and we reserve the right to terminate your access to the Guide.
6. DISCLAIMER OF ADVICE AND/OR RECOMMENDATIONS
YOU UNDERSTAND THAT NOTHING CONTAINED ON THIS SITE CONSTITUTES (I) A RECOMMENDATION THAT ANY OFFER, PURCHASE, SALE OR RESALE OF TICKETS (INDIVIDUALLY AND COLLECTIVELY, EACH A “POTENTIAL TICKET TRANSACTION”) IS SUITABLE FOR ANY SPECIFIC PERSON, OR (II) ADVICE THAT ANY POTENTIAL TICKET TRANSACTION IS LAWFUL IN ANY SPECIFIC JURISDICTION. YOU SHOULD CONSULT WITH YOUR OWN ADVISORS, LEGAL, FINANCIAL OR OTHERWISE, AS TO SUCH MATTERS. YOU UNDERSTAND THAT THERE MAY BE A VARIETY OF LEGAL, FINANCIAL OR OTHER RISK FACTORS INVOLVED IN A POTENTIAL TICKET TRANSACTION AND THAT ANY AND ALL RISKS ARE YOURS ALONE AND THAT WE SHALL BEAR NO LIABILITY OR RESPONSIBILITY WHATSOEVER ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO ANY POTENTIAL TICKET TRANSACTION IN WHICH YOU MAY CHOOSE TO ENGAGE.
7. Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
THE COMPANY AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF SEEKING ALPHA OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY OF ANY KIND WHATSOEVER OR SHALL CREATE ANY PROMISE, EXPRESS OR IMPLIED, THAT ANY POTENTIAL TICKET TRANSACTION IS OR WOULD BE LAWFUL OR BENEFICIAL.
8. Limitation of Liability
NEITHER THE COMPANY NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE COMPANY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, members, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; (c) your engaging in any Potential Ticket Transaction; or (d) your violation of the rights of any third party. This defense and indemnification obligation will survive these TOU and your use of the Site.
You understand and agree that The Company may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, (iii) repeat violators of third party copyrights or other intellectual property, (iv) any other conduct which we may deem inappropriate or harmful, or (v) for any reason whatsoever, in our sole and absolute discretion.
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site's content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
The TOU, together with all Company policies referred to herein, constitutes the entire agreement between you and the Company relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.