If you do not agree with any part of this Agreement, YOU MUST NOT USE ANY NORTHWOODS LEAGUE TICKET SITE OFFERING. Reyka reserves the right, in its sole discretion, to amend this Agreement at any time, without notice, by posting the amended terms on this Site. We will update the “Last Updated” date at the top of this Agreement. The amended terms shall be effective from and after the date that they are posted on this Site for new users and within fifteen (15) days following posting for current users. Your continued use of the Site or any Northwoods League Ticket Site Offering indicates your acceptance of the changes to this Agreement. If you do not agree to any change(s), you must stop using the Northwoods League Ticket Site Offerings. Otherwise, your continued use of the Northwoods League Ticket Site Offerings constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THIS SITE TO VIEW THE THEN-CURRENT TERMS OF THIS AGREEMENT. This Agreement may not otherwise be amended, except in a writing signed by both parties.
THIS AGREEMENT INCLUDES (1) YOUR AGREEMENT THAT REYKA AND ITS AFFILIATES HAVE LIMITED LIABILITY REGARDING THE NORTHWOODS LEAGUE TICKET SITE OFFERINGS; (2) YOUR AGREEMENT THAT THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY; (3) YOUR CONSENT TO RELEASE REYKA AND ITS AFFILIATES FROM LIABILITY; AND (4) YOUR AGREEMENT TO INDEMNIFY REYKA AND ITS AFFILIATES FOR YOUR USE OF OR INABILITY TO USE THE NORTHWOODS LEAGUE TICKET SITE OFFERINGS.
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
WHO WE ARE AND WHAT WE DO The Northwoods League Ticket Sites are a safe and secure online ticket marketplace for buyers to purchase tickets to Northwoods League events and events hosted by Northwoods League Affiliates.. When fans buy tickets through the Northwoods League Ticket Sites, they can be assured of a safe, secure transaction. Tickets offered through the Northwoods League Ticket Sites are listed for sale by Northwoods League Affiliates and sales are fulfilled by the home venue through the delivery method selected at check out, using the contact information in the buyer’s account.
Reyka provides that the tickets purchased by consumers through the Northwoods League Ticket Sites will be 100% authentic and delivered on time, each and every time.
PURCHASING AND PRICE OF TICKETS
The Northwoods League Ticket Sites provides you with the service and convenience of purchasing tickets online. Prices listed and ticket availability are subject to change up until the time a purchase is finalized.
Reyka, NWL or its affiliates may charge fulfillment, shipping, service or other fees for using Northwoods League Ticket Site Offerings.
Since tickets purchased through Northwoods League Ticket Site Offerings are processed by the home venue box office, buyers are subject to the home venue’s standard policies for returns and exchanges. You can access that information on the home venue ticket site or by contacting the home venue.
PRICES & SEATING
All prices are listed in U.S. Dollars (USD) and are guaranteed only after you have received an Order Confirmation from us, which is your notice that your tickets have been acquired for you, your credit card has been charged and your purchase is completed. WE DO NOT GUARANTEE THAT YOUR REQUESTED TICKETS WILL BE AVAILABLE FOR PURCHASE AT THE PRICES SHOWN ON OUR WEBSITE UNTIL YOU RECEIVE YOUR ORDER CONFIRMATION INFORMING YOU THAT YOUR ORDER IS COMPLETE. Please check your tickets carefully once they arrive. Please contact our Customer Care representative at email@example.com no later than 48 hours prior to the event if you have not received your tickets or if you have questions regarding the tickets you received.
We cannot be responsible for any typographical or other errors on the website. If we find an error while we are processing your order, you will be notified of the error and, when possible, you will be provided with other seating choices.
Promptly after you place your order for tickets, an Order Confirmation email will be sent to the email address provided in your account. If you have not received an Order Confirmation from us, you should not assume that your ticket request will be able to be fulfilled. Please note that your order may be finalized even if you do not receive an Order Confirmation. Once the Order has been processed, you will also be able to access Order information under the Purchase History section of your online ticket account. NEVER make an assumption about the status of your order because you have not been contacted by us. We are not responsible for non-receipt of emails for any reason, and orders may not be cancelled due to non-receipt of emails from us.
CREDIT CARD PURCHASES
Orders are processed by the home venue of the event only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, we will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your tickets to another customer. Any attempts to defraud Reyka, NWL or its affiliates, or any other user of this site may result in legal and criminal action brought against you.
Your credit card will be charged after we have secured your tickets for you in accordance with the Order Confirmation/Processing section.
Your tickets will be sent to you according to the delivery method selected during the check-out process. An Order Confirmation email will be sent to the email address provided in your account. Once the Order has been processed, you will also be able to access Order information in the Purchase History section of your online ticket account. As purchased tickets may also be accessed through purchasers’ account, receipt of an email is not a condition precedent of purchasers’ obligation to pay for the tickets, and failure to receive such an email shall not be grounds for nonpayment.
LOST OR STOLEN TICKETS
Keep your tickets in a safe place. Since tickets purchased through Northwoods League Ticket Site Offerings are processed by the home venue box office, buyers are subject to the home venue’s standard refund policies for lost or stolen tickets. You can access that information on the home venue ticket site or by contacting the home venue.
CANCELLED, POSTPONED OR RESCHEDULED EVENTS
Since tickets purchased through Northwoods League Ticket Site Offerings are processed by the home venue box office, buyers are subject to the home venue’s standard refund policies for cancelled, postponed or rained-out events. You can access that information on the home venue ticket site or by contacting the home venue.
If an event is relocated to a different venue, similar tickets or best available tickets for the new venue will be provided if necessary and a refund will not generally be given. Exact refund and exchange policies are determined on an event by event basis by the home venue.
LICENSE; EJECTION AND CANCELLATION; NO REDEMPTION VALUE
Each NWL-affiliated home venue reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with all applicable rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket's face amount. A ticket is not redeemable for cash.
RECORDING, TRANSMISSION AND EXHIBITION
You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to NWL and its affiliated teams to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
You, the User, acknowledge that all content included on any Northwoods League Ticket Site Offering, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property of Reyka and/or its third-party licensors or providers, including, without limitation, the sports team(s), venue(s), and/or other ticket suppliers that provide tickets or other products or services through any Northwoods League Ticket Site Offering (“Providers”).
Application License. Subject to your compliance with the terms of this Agreement, Reyka grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use copies of Reyka’s mobile applications on mobile devices or computers that you own or control and to run such copy(ies) of the application solely for your own personal purposes.
Certain Restrictions. The rights granted to you under this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any Northwoods League Ticket Site Offering or any portion of any Northwoods League Ticket Site Offering, including the Site, (b) you shall not frame or utilize framing techniques to enclose any Trademark (defined below) or other Northwoods League Ticket Site Offerings (including images, text, page layout or form) of Reyka, NWL or its affiliated teams ; (c) you shall not use any metatags or other “hidden text” using Reyka’s, NWL’s or its affiliated entities’ name(s) or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of any Northwoods League Ticket Site Offering except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site or any Northwoods League Ticket Site Offering (except that we may, in our sole discretion, grant the operators of public search engines revocable permission to use spiders to copy materials from the Site or any Northwoods League Ticket Site Offering for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access any Northwoods League Ticket Site Offering in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of any Northwoods League Ticket Site Offering may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any Northwoods League Ticket Site Offering. Any future release, update or other addition to any Northwoods League Ticket Site Offering shall be subject to the terms of this Agreement. Reyka, its suppliers and service providers reserve all rights not granted in the terms of this Agreement. Any unauthorized use of any Northwoods League Ticket Site Offering terminates the licenses granted by Reyka pursuant to the terms of this Agreement.
Corporate Identification and Trademarks. “Northwoods League” and any and all other marks of Reyka, NWL or NWL’s affiliates appearing on any Northwoods League Ticket Site Offering are trademarks of Reyka, NWL and/or its affiliates in the United States (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on any Northwoods League Ticket Site Offering, without Reyka’s prior written consent. The use of Trademarks on any other Web site, mobile application or any other product, service or network computer environment is prohibited. Reyka reserves to right to prohibit the use of Trademarks as a “hot” link on, or to, any other Web site, mobile application or any other product, service or network computer environment unless establishment of such a link is pre-approved by Reyka in writing.
Ownership of Northwoods League Ticket Site Offerings. You agree that Reyka and its Providers own all rights, title and interest in the Northwoods League Ticket Site Offerings (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Northwoods League Ticket Site Offerings.
ACCEPTABLE USE Each Northwoods League Ticket Site Offering is intended for personal, noncommercial use. You may not use robots or other automated means to access any Northwoods League Ticket Site Offering, unless specifically permitted by Reyka. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of any Northwoods League Ticket Site Offering. You agree to update your account information (if applicable) promptly in order to keep it current, complete and accurate.
Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of any Northwoods League Ticket Site Offering for the sole purpose of using such Northwoods League Ticket Site Offering as a shopping resource. Any other use of materials or content on any Northwoods League Ticket Site Offering, including reproduction for a purpose other than that noted above, without Reyka’s prior written consent, is prohibited.
You acknowledge and concede that all transactions take place in Olmsted County in the state of Minnesota. In the event that we are required to seek legal remedies to recover fees and/or resolve disputes, you agree that we are entitled to recover all costs associated with such action, including but not limited to reasonable attorney's fees and administrative costs, within the jurisdiction of Olmsted County in the State of Minnesota as described more fully in the “Remedies” section below.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE (NWL, its affiliates, and Reyka Technologies, LLC) OR OUR/THEIR OWNERS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. We are not responsible for any delay causing you to arrive late or miss your event for any reason. Any actions by us that do result in you missing your event will be rectified with our liability not exceeding 100% of your total purchase price. We are not responsible for the conditions or the actions of the crowd at any event nor are we responsible for any changes made at the venue including, but not limited to, seating arrangements or venue conditions. The tickets that you purchase from us are valid. If someone is sitting in your assigned seat, it is your responsibility to ask them to move or to ask an authorized staff person at the event to assist you. Balls, bats, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after game. If struck, immediately ask an attendant for directions to a medical station. By purchasing a ticket through the Northwoods League Ticket Sites, you agree to these terms on behalf of yourself and any accompanying minor. You assume all risks incidental to the event for which a ticket is issued, whether before, during or after the event.
REYKA DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. REYKA CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. REYKA AND ITS AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REYKA AND ITS AFFILIATED ENTITIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. REYKA AND ITS AFFILIATED ENTITIES MAKE NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE NORTHWOODS LEAGUE TICKET SITE SERVICE.
REYKA AND ITS AFFILIATED ENTITIES DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE NORTHWOODS LEAGUE TICKET SITE SERVICES OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE NORTHWOODS LEAGUE TICKET SITE SERVICE. REYKA IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, TEAM, PLAYER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
TRUTHFULNESS AND ACCURACY OF THE INFORMATION YOU PROVIDE; COMPLYING WITH LAWS; VERIFICATIONS AND AUTHORIZATIONS
The sale or purchase of tickets to entertainment events is regulated by certain states, counties and cities. You represent and warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled and you may be prohibited from using the website and/or purchasing tickets at the event location.
REMEDIES, BINDING ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
Violations. If Reyka becomes aware of any possible violations by you of this Agreement, Reyka reserves the right to investigate such violations. If, as a result of the investigation, Reyka believes that criminal activity has occurred, Reyka reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Reyka is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Northwoods League Ticket Site Offerings, including your content, in Northwoods League Ticket Site’s possession in connection with your use of Northwoods League Ticket Site Offerings, (1) to comply with applicable laws, legal process or governmental request; (2) to enforce this Agreement, (3) to respond to any claims that your content violates the rights of third parties, (4) to respond to your requests for customer service, or (5) to protect the rights, property or personal safety of Reyka and its affiliates, Northwoods League Ticket Site Offerings, its users or the public, and all enforcement or other government officials, as Reyka in its sole discretion believes to be necessary or appropriate.
Breach. In the event that Reyka determines, in its sole discretion, that you have breached any portion of this Agreement, or have otherwise demonstrated conduct inappropriate for Northwoods League Ticket Site Offerings, Reyka reserves the right:
- To warn you via e-mail (to any e-mail address you have provided to Reyka) that you have violated this Agreement;
- To delete any content provided by you or your agent(s) to Northwoods League Ticket Site Offerings;
- To discontinue your registration(s) with any of Northwoods League Ticket Site Offerings;
- To notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
- Pursue any other action which Reyka deems to be appropriate
No Subsequent Registration. If your registration(s) with or ability to access Northwoods League Ticket Site Offerings, or any other Northwoods League Ticket Site community is discontinued by Reyka due to your violation of any portion of this Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Northwoods League Ticket Site Offerings or any Northwoods League Ticket Site community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Northwoods League Ticket Site Offerings to which your access has been terminated. In the event that you violate the immediately preceding sentence, Reyka reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
RELEASE AND COVENANT NOT TO SUE
To the fullest extent permitted by law, you release and covenant not to sue Reyka, NWL, NWL-affiliate teams, our affiliated companies, and our and their respective officers, directors, agents, joint ventures, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between users. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to indemnify and hold harmless Reyka, NWL, NWL-affiliate teams and our parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the “Indemnitees”) against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Reyka and any Indemnitee resulting from or arising out of your breach of this Agreement, your use of any Northwoods League Ticket Site Offering, and/or your violation of any law or the rights of a third party.
The headings in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement. This Agreement, and the related parts of this Agreement relating to any Northwoods League Ticket Site Offering represent the entire agreement between you and Reyka regarding your use of any Northwoods League Ticket Site Offering and supersede any prior statements or representations. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any Northwoods League Ticket Site Offering that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration provision. Unless otherwise agreed, all arbitration proceedings will be held in English. This arbitration agreement applies to you and Reyka, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Northwoods League Ticket Site Offerings provided under this Agreement.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Reyka should be sent to: Northwoods League Ticket Site, 2900 4th Street SW, Rochester, MN 55902. After the Notice is received, you and Reyka may attempt to resolve the claim or dispute informally. If you and Reyka do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of Rochester, MN. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. Time Limits. If you or Reyka pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this arbitration agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Reyka in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND REYKA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. Severability. If any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Survival of Arbitration Agreement. This arbitration agreement will survive the termination of your relationship with Reyka. Small Claims Court. Notwithstanding the foregoing, either you or Reyka may bring an individual action in small claims court. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this arbitration agreement.
Courts. In any circumstances where the foregoing arbitration agreement permits the parties to litigate in court, the parties hereby agree to submit to the exclusive personal jurisdiction of the courts located within Olmstead County, Minnesota, for such purpose.
Release. You hereby release Reyka and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Northwoods League Ticket Site Offerings, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Northwoods League Ticket Site Offerings. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Reyka’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Limitations Period. YOU AND REYKA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE NORTHWOODS LEAGUE TICKET SITE OFFERINGS OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
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