By utilizing our site, you agree to the following:
References to “we,” “us,” “our,” or similar language refers to Rockwell Capital, the legal entity, and its officers, agents, owners, and employees solely in their capacity as representatives of the Rockwell Capital entity rather than as individuals in their individual capacities.
- All information contained on our site shall be deemed to be our property, and you will not use any of the information contained herein for any purpose whatsoever without our prior, written permission.
- We assert, and you acknowledge and accept, that we have valuable intellectual property on our site (including but not limited to trade secrets and copyrights) and you agree that all such intellectual property is owned by us and that you may not use it for any reason.
- You represent and warrant that you presently comply with, and will always comply with, all applicable rules, laws, and regulations.
- All information contained in our site is for informational purposes only, and we make no representations as to the accuracy of the information.
- You may not rely on, or utilize, the information contained on our site.
- You will not utilize any automated system or bot on our site.
- We may refuse or deny access to our site for any reason.
- These Terms are subject to change at any time, without notice, and you agree that you will be bound by those changes.
- You agree that you will not infect our site with any bugs, viruses, or any other damaging software or other programming.
- You will not post any crude or vulgar language, nor will you engage in any abusive behavior while visiting our site.
Disclaimer of Warranties
WE PROVIDE THE SITE, SERVICES, AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AND OUR SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE OR RELATED SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU FULLY RELEASE US FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Limitation of Liability
AS EVIDENCED BY, AS A CONDITION PRECEDENT TO, AND IN CONSIDERATION FOR YOUR USE OF THIS SITE OR OUR SERVICES, YOU AGREE THAT IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE OR FROM US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR OUR SERVICES IS TO STOP USING THE SITE OR OUR SERVICES.
THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). IN NO EVENT WILL ATTORNEYS’ FEES OR COSTS BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
If you or anyone brings a claim against us related to your use of the Site or our services, you agree to indemnify, defend and hold us and our affiliated companies, each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses. Any legal fees, costs or other damages incurred by or against us shall be fully indemnified by you and any of our resulting legal fees or costs shall be fully advanced by you in the event that you or anyone on your behalf attempts to bring any form of legal or arbitration action against us.
Disputes, Including Mandatory Arbitration and Class Action Waiver Any dispute or claim relating in any way to your use of our site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court. As a condition precedent to your right to arbitrate any matter, you agree to first engage on a good faith basis in mediation. Venue shall be in Clark County, Nevada, utilizing the American Arbitration Association.
This arbitration clause is intended to be broadly interpreted and will survive termination of these Terms.
You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.