TERMS AND CONDITIONS FOR SPRING WEEKEND 2012
PLEASE BE ADVISED that any purchases made on this website (“Website”), and/or registration or participation in any event being serviced by or through this Website, shall constitute the unconditional acceptance to be bound by any and all of the terms and conditions contained herein. The Website and the services being provided through said Website, are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth herein (collectively, the "Terms and Conditions ") and your compliance with the terms set forth in any travel documentation, brochure, registration form(s), Website, and all information pertaining to the services being provided. By accessing or using this Website and participating in any event or services in any manner, you agree to be bound by the Terms and Conditions. Please read the Terms and Conditions carefully. If you do not accept all of these Terms and Conditions, please do not use this Website and/or purchase anything on this Website and/or register for any services or events provided for herein.
Welcome to XM Event Group, LLC d/b/a Spring Weekend (“XM” or “Company”). This page (together with the documents referred to on it) tell you the terms and conditions on which we, XM, enable you to purchase the rights to, tickets for, book and participate in an event being held in Panama City, Florida on April 13, 2012 through April 15, 2012, called Spring Weekend 2012 (“Event”), and the utilization of our services. Please read these terms and conditions carefully before booking and/or participating in any of XM’s events, particularly, the Event. You should understand that by booking this Event, you agree to be bound by these terms and conditions set forth herein.
The terms "we", "us", "our", "XM" and “Company” refers to XM Event Group, LLC d/b/a Spring Weekend, located at 540 N. Andrews Ave., Ft. Launderdale, FL 33301, Tel. No. (866) 215-7204.
The terms "you," “your”, and “participant” refers to any individual, organization, association, partnership, corporation, business, or group which purchases, books, participates in, or registers for an event serviced by or through XM, including users of XM’s goods and services. Notwithstanding the foregoing definition/description, when referencing any individual, organization, association, partnership, corporation, business, or group specifically together with any individual member of that Group, “you” “your” and “participant” shall refer solely to that individual member, individual client or individual participant. You and XM may also be individually referred to herein as a "Party" and collectively as "Parties."
The terms “ticket” or “tickets” refers to your proof of purchase, proof of registration, proof of booking and/or proof of participation for the Event, which shall include any wristband(s) provided to you upon check-in for the Event.
As a condition of your use of this Website and participation in the Event, you warrant that: (i) you are at least eighteen (18) years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website and participate in the Event in accordance with the Terms and Conditions; (iv) you will only use this Website to make legitimate reservations for yourself or on behalf of those parties within your Group for whom you are legally authorized to act; (v) all information supplied by you on this Website or otherwise to XM is true, accurate, current and complete; and (vi) you will safeguard your XM account information and will supervise and be completely responsible for any use of your account by anyone other than you. To the extent that you are making travel reservations on behalf of another individual (e.g., as a travel manager, assistant or other representative), you represent and warrant that such individual agrees to and is bound by these Terms and Conditions.
PARTICIPATION IN EVENT AND USE OF TICKET
You unconditionally agree that the right to attend the Event, including any tickets provided by XM to attend said Event, is a revocable license to attend the Event for which it was issued and may be revoked at any time for any reason without compensation. You understand that you may not sell, assign and/or transfer your right to attend the Event, and the resale of any such right at a price greater than face value is absolutely prohibited. You understand that the Event is INTENDED FOR MATURE AUDIENCES ONLY. You understand that XM reserves the right to cancel, postpone, and/or change, the venue, the artist lineup, time, and/or date of any particular event being held during the Event for which any ticket was issued at any time without prior notice or compensation to you. YOU UNCONDITIONALLY UNDERSTAND THAT ALL TICKET SALES ARE FINAL, THERE WILL BE NO REFUNDS AND/OR EXCHANGES.
The ticket user, i.e., you, assumes all risks of personal injury arising out of, related to, or incidental to the Event, whether occurring prior to, during or subsequent to the Event, and you voluntarily agree that the XM, management, venue, facility, team, artist(s), performers, attendees, participants, participant clubs, night clubs, promoters, sponsors, suppliers, vendors and all of their respective agents, officers, directors, managers, subcontractors, owners and employees are expressly released from any claims arising for such causes. You bear all risks of inclement weather. Any lost or stolen tickets, particularly, any wristband(s) issued to you upon check-in for the Event, cannot be replaced. Event activities, performances and event time and dates are subject to change. Your ticket and registration for this Event may not be used for advertising, promotion (including contests and sweepstakes) or other trade purpose without the express written consent of XM. The use of cameras, video or audio recording equipment is prohibited unless otherwise indicated by XM, the venue, facility, team, artist(s), performers, participating clubs, night clubs, promoters, sponsors, suppliers, or vendors of the Event. You are required to avoid littering, and please respect the venue and the environment.
You understand that your use of any ticket and admission to the Event is further strictly contingent upon your complete awareness and understanding that your presence at the Event will constitute your unconditional and complete acceptance of the Terms and Conditions, including, but not limited to all of the following: 1) You understand that your participation in the Event is contingent upon your voluntary assumption of all risk and danger incidental to your presence at the Event, whether occurring prior, during or after the Event, including any acts or omissions of others (including the venue, facility, artists, performers, attendees, participants, participant clubs, night clubs, promoters, sponsors, staff, vendors, suppliers and any other person or party); 2) You agree to indemnify, save and hold harmless XM, including any Event venue, facility, team, artist(s), performers, attendees, participants, participant clubs, night clubs, promoters, sponsors, suppliers, vendors and all of their respective agents, officers, directors, managers, subcontractors, owners and employees, including, but not limited to their staff and their designees, from any and all injuries, demands, suits, and/or claims; 3) you understand that the right to attend the Event, including any tickets provided by XM to attend said Event, is a revocable license, which is subject to revocation and/or denial of admission, without compensation for any reason, including but not limited to, your attempted or actual violation of any of the promoters or venue rules, policy or regulations and for any other action taken by you in violation of any local, state of federal law; 4) You understand that any or all of the venue, XM, the Event sponsors, the participants and the artists, including but not limited to their respective management, their agents, their staff and their designees may utilize your image and/or your likeness in connection with any broadcast, recording or other reproduction of the Event and may be used for any purpose, including but not limited to commercial purposes without any compensation to you; 5) You understand that the Event, including, but not limited to any venues, has a zero tolerance policy for the use of illegal drugs and that illegal drug use will not be tolerated at the Event; 6) You understand and agree that your participation in the Event is contingent upon your unconditional and voluntary acceptance to be searched for the presence of drugs, weapons and/or other prohibited items prior to your admission to the Event and/or at any time thereafter which shall lead to the immediate revocation of the right to attend or continue to attend the Event, and denial of admission to or immediate removal from the Event if any such items are found; 7) You understand that XM, including any Event venue, facility, team, artist(s), performers, attendees, participants, participant clubs, night clubs, promoters, sponsors, suppliers, vendors and all of their respective agents, officers, directors, managers, subcontractors, owners and employees, including, but not limited to their staff and their designees, will not be held responsible, financially or otherwise, for any items that are left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere at the Event, regardless of fault or reason, so act accordingly; 8) You unconditionally agree that the terms and conditions herein contained represent the entire agreement between you and XM with respect to its subject matter, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral regarding such subject matter; 9) You understand that all sales are final; 10) You understand that this Event is Rain or Shine; 11) You understand that there are absolutely no refunds or exchanges; and 11) You unconditionally agree to be bound by any and all of the terms and conditions herein contained.
We retain the right at our sole discretion to deny access to anyone to this Website and/or to an Event and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms and Conditions, or any law regardless of whether or not you are prosecuted for this violation, and if prosecuted, regardless of the eventual disposition of the case.
EVENT DATE AND INFORMATION
The Event will begin on Friday, April 13, 2012 (“Event Commencement Date”), and end the morning of April 15, 2012, unless any unforeseeable changes in the Event occur which are set forth in more detail below. These changes include, but are not limited to: extreme weather conditions or other causes beyond the control of XM. No price reductions, refunds or other returns will be offered if Event changes are deemed necessary.
Check-in will begin on the Event Commencement Date at approximately 11:00 a.m. through 8:00 p.m. at the designated Event check-in areas. If you have signed up and paid for the optional charter bus travel arrangement, the Bus Pick-Up and Drop-Off locations for your geographical area will be posted on your www.springweekend.com account or e-mailed directly to the e-mail address provided during registration approximately seven (7) days prior to the Event Commencement Date. You are required to be at the respective pick-up locations thirty (30) minutes prior to the designated departure times. Further, you are required to provide an official picture identification card and fee of $10.00 per person to board the bus.
EVENT PACKAGE PRICE, INCLUSIONS, EXCLUSIONS AND REQUIREMENTS
Your total cost for the Event is based upon the package and/or selections made by you on the Website (“Event Package”). Further, the Event Package is based on your selection of the proper group, fraternity, sorority or organization (“Group Name”) during registration for the Event on this Website, and on fulfilling the maximum occupancy per hotel room that will be set aside for the above Group Name. Maximum occupancy is defined as 5 or 6 per room, and only in limited circumstances, 7 per room. Final rooming lists will be completed two (2) weeks prior to check-in and travelers are grouped for rooming by the “Group Name” they selected during the booking and registration process. It is your responsibility to make sure that your associated/affiliated Group Name is provided for on this Website, and that you have your other roommates and fill your room occupancy to the full amount or the occupancy you selected during booking. In the event you fail to meet the maximum occupancy per hotel room, for any reason, whether caused by you or the cancellation of another participant in your group or room block, your rate and cost for the Event may be subject to a change or fee. All additional costs, fees and rates must be paid or you will not be able to attend the Event. XM does not assume responsibility for the additional costs if you do not have enough roommates to fill the room occupancy you selected. Further, if you improperly select the wrong Group Name upon which you have no association and/or affiliation, or the Group Name notifies XM that you do not belong to or are affiliated with said Group Name, your right to attend this Event may be subject to cancellation and termination with no refund upon XM’s sole and absolute discretion.
Subject to availability, if you select to complete the purchase of your Event Package by selecting “AutoPay Deposit”, you hereby acknowledge, agree and consent to XM to charge your credit card, debit card, any other form of charge card and/or payment method automatically for the remainder of the balance owed upon the date designated at booking. In the event your credit card or payment is declined, or is otherwise challenged by any financial institution, your right to attend the event may be cancelled or terminated by XM, without the right to a refund for any amounts previously paid, and subject to XM’s sole and absolute discretion.
Subject to availability, if you select to complete the purchase of your Event Package by selecting “Deposit Only” or “Other Amount” (you may only select Other Amount if the amount is greater than the amount set forth under the Deposit Only option), the remainder of the balance owed to XM must be paid on or before March 1, 2012, by logging into your account created on this Website and making the requisite payments. In the event you fail to pay the remaining balance owed to XM for your Event Package on the designated date, or your credit card, debit card, any other form of charge card, or payment is declined, or is otherwise challenged by any financial institution, your right to attend the event may be cancelled or terminated by XM, without the right to a refund for any amounts previously paid, and subject to XM’s sole and absolute discretion.
Any payments accepted after the cut-off date as set forth above, or on this Website during registration or booking, which shall be accepted upon XM’s sole and absolute discretion, will be subject to a minimum fee of $15.00.
CREDIT CARD AUTHORIZATION
If you are paying your deposit and/or total balance by credit card, debit card, or any other form of charge card (“credit card”) pursuant to the provisions above and as set forth during the registration process, by accepting these Terms & Conditions as set forth herein, you hereby authorize XM and its officers, directors, employees, agents and affiliates to charge the credit card indicated for the noted or authorized amount. Further, you certify that you are an authorized user of the submitted credit card and that you will not dispute the payment with my credit card company, so long as the amount corresponds to the price terms indicated and accepted.
CANCELATION, REFUND POLICY AND TRANSFERS
ALL SALES ARE FINAL. THERE WILL BE NO REFUND OR EXCHANGES.
ALL PAYMENTS MADE BY YOU OR ON YOUR BEHALF FOR THE EVENT ARE NON-CANCELABLE, NON-REFUNDABLE AND NON-TRANSFERABLE. THERE WILL BE NO REFUNDS ISSUED RELATED TO THE EVENT FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DENIED BOARDING ON ANY FORM OF TRANSPORTATION, FAILURE TO TIMELY APPEAR OR ATTEND THE EVENT OR ANY ACTIVITY, MISSING PICK UP OR DEPARTURE TIMES FOR TRANSPORTATION, MISSING ACTIVITIES, OR ANY UNUSED SERVICES DURING THE EVENT.
Upon XM’s sole discretion, your registration, including payments, may be transferable. However, any such transfers will be subject to a minimum fee of $15.00 per transfer. All requests for transfers must be submitted to XM in writing setting forth your name, the name, address and email of the individual in which the registration and account is being transferred, and signed by all parties involved in the transfer.
In the event you cancel your registration, and subsequently wish to re-instate your registration, you must submit such request in writing to XM. Reinstatement of your registration is within the sole and absolute discretion of XM, and subject to availability. Further, reinstatements will be subject to a minimum fee of $15.00.
If the Event is cancelled or rescheduled, or the venue is closed for any reason, you will be updated via e-mail as soon as information is available. We will send an email to the address you provided in the ordering process (you must use a valid email address with your order). Before traveling to the Event, please confirm the Event’s status.
RULES, REGULATIONS, AND TRAVELER RESPONSIBILITY
Separate terms and conditions may apply for your reservation and purchase through suppliers and/or third party vendors arising out of and/or related to the Event and other travel-related goods and services that are associated with the Event, such as such as hotel, bus, venues, or activity providers, who fulfill your travel reservations. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions imposed by any supplier or third party in connection with the Event (e.g. hotels, buses, parks, venues, amusement parks, restaurants), including, but not limited to, payment of all amounts when due and compliance with the supplier's and/or third party’s rules and restrictions regarding availability and use of facilities, products, or services. You acknowledge that some third party providers and suppliers offering certain services and/or activities may require you to sign liability waivers prior to participating in the service and/or activity. You understand that any violation of any such third party’s or supplier's rules and restrictions may result in cancellation of your reservation(s) or your removal from the Event, in your being denied access to the applicable event or travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our charging your account for any costs we incur as a result of such violation.
XM, and any suppliers or third party vendors reserve the right to enforce reasonable rules and standards of conduct to facilitate the Event for all Event participants’ safety and enjoyment. By agreeing to these Terms and Conditions, you agree that failure to comply with such rules and standards, or these Terms and Conditions, may result in your removal from the Event, which may include, but is not limited to, removal from any hotel, airline, cruise, bus, venue, park, amusement park, limousine or car rental companies, and/or Event, at your sole expense. If removed from a hotel, XM will not be responsible for providing other hotel accommodations or refunds to you. This may also result in the removal from the entire Event. In the event of such removal, you shall no longer be considered a part of the Event. By agreeing to and acknowledging these Terms and Conditions, you hereby release XM from any and all liability or additional costs arising out of, or in connection with, your removal from the Event caused by any direct or indirect third parties.
Although most travel, including travel to domestic and international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. You are responsible to review any travel prohibitions, warnings, announcements and advisories issued by any federal or state agency prior to booking travel to any destination. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. BY HOLDING THIS EVENT OR OFFERING ITS SERVICES FOR TRAVEL TO THIS EVENT, XM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS, OR FROM ANY NEGLIGENCE OF XM RESULTING FROM TRAVEL TO SUCH DESTINATIONS.
LIABILITY DISCLAIMER AND LIMITATION OF LIABILITY
IN NO EVENT SHALL XM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SPOUCES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, DISMEMBERMENT, OR DISFIGUREMENT, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ATTENDANCE OR PARTICIPATION IN AN XM EVENT DUE TO ANY ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF XM, ITS EMPLOYEES OR AGENTS IN PROVIDING ANY XM SERVICES OR EVENT TO YOU, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF XM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SUPPLIERS, THIRD-PARTIES, CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES DURING OR RELATED TO AN EVENT ARE NOT AGENTS OR EMPLOYEES OF XM. XM SHALL NOT BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD-PARTIES OR SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. XM SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, WEATHER, ACTS OF GOD, ACTS OF NATURE, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND XM’S DIRECT CONTROL, AND XM SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DAMAGES, DELAYS, RE-ROUTING OR ACTS OF ANY SUPPLIER, THIRD-PARTY, AGENCY, GOVERNMENT OR AUTHORITY.
If, despite the limitation above, XM is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then XM’s liabilities will in no event exceed the cost of your participation in this Event. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive termination of the Event and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of XM, and/or their respective suppliers.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD XM AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES, BROUGHT BY THIRD PARTIES AS A RESULT OF: (A) YOUR BREACH OF THESE TERMS AND CONDITIONS; (B) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY; (C) YOUR USE OF THIS WEBSITE; OR (D) ANY ACT, OMISSION, AND/OR NEGLIGENCE OF YOU AND/OR ANY THIRD PARTY.
ASSUMPTION OF RISK
*WARNING: EXCESSIVE EXPOSURE TO LOUD MUSIC WILL DAMAGE YOUR HEARING*
The Event is meant to be a multi-day event on or around the beaches of Florida. You are expected and required to follow all laws, codes, rules, regulations, trip rules, instructions and other terms and conditions while attending this Event, and maintain respectful and appropriate behavior at all times. By agreeing to these terms and conditions, you understand and acknowledge that XM is not obligated to provide twenty-four (24) hour supervision for you and/or any other participant for the Event.
The geographic location of the Event, weather conditions in Florida and nature of the Event may provide for certain unsafe and/or hostile environments that might include extreme heat, fire, mud, extreme changes in elevation, water, loud noises and music, and close proximity of other participants. Therefore, you acknowledge that the Event may carry with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the nature of the Event) regardless of the care and precautions taken by XM. You also understand that is extremely strenuous with the accompanying risks and dangers generally present in such activities. You understand that these hazards may be magnified due to the fact that Event is often conducted under what may be extreme conditions and circumstances. In an effort to mitigate these risks, particularly, the exposure extreme heat and weather conditions, please keep hydrated at all times.
You understand and acknowledge that the inherent risks include, but are not limited to: 1) contact or collision with persons or objects (e.g., collision with spectators or Even personnel), contact with other participants, contact or collision with motor vehicles or machinery, and contact with natural or man-made fixed objects or obstructions); 2) encounter with obstructions; 3) equipment related hazards (e.g., broken, defective or inadequate Event equipment, unexpected equipment failure, imperfect Event conditions); 4) weather-related hazards (e.g., extreme heat, extreme humidity, rain, fog, etc.); 5) inadequate first aid and/or emergency measures; 6) judgment- and/or behavior-related problems (e.g., erratic or inappropriate co-participant behavior, erratic or inappropriate behavior by the participant, errors in judgment by personnel working the event); and (7) exposure to loud music.
You further understand and acknowledge that any of these risks and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, nausea, and cuts. Serious injuries are less common, but may sometimes occur. They include, but are not limited to: property loss or damage, broken bones, torn ligaments, concussions, exposure, heat-related illness, mental stress or exhaustion, and infection. Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and even death.
You understand that it is your responsibility to inspect the Event venues, facilities, equipment, and areas to be utilized by you, and if you believe or become aware that any are unsafe or pose unreasonable risks, you agree to immediately notify appropriate personnel. By participating in the Event, you are acknowledging that you have found the Event venues, facilities, equipment, and areas to be used to be safe and acceptable for participation. You accept full and sole responsibility for the condition and adequacy of the Event venues, facilities and equipment.
You understand fully the inherent risks involved in the Event and assert that you are willingly and voluntarily participating in the Event. You have read the preceding paragraphs and acknowledge that 1) you know the nature of the Event; 2) you understand the demands of this Event relative to your physical condition; and 3) you appreciate the potential impact of the types of injuries that may result from the Event. You hereby assert that you knowingly assume all of the inherent risks of the activity and take full responsibility for any and all damages, liabilities, losses, or expenses that you incur as a result of participating in the Event.
PROPERTY DAMAGE DISCLAIMER
Any damage caused by you to any supplier or third party and its property, including, but not limited to, property belonging to any hotel, charter bus, venue, restaurants, food vendors, ATM, rental car, park, venue, night-club, production (including, but not limited to, sound, lighting, truss, special effects, visuals, tents, etc.) or any other properties visited during the Event, will be the sole financial and legal responsibility of you. This includes, but is not limited to, any fines, fees, legal actions or penalties, or any costs associated with the damages caused by you. XM will promptly remove any participant from the Event who is directly or indirectly involved with such damage to any of the above-referenced property.
EVENT MEDIA USE
XM retains the right to photograph and film the Event and any participants of the Event, including you, which we may use for future brochures, advertisements, or place online for promotional use.
XM uses your personal information and sensitive billing information for the purpose of completing your reservation for the Event and other related XM services. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and Website; to notify you about special offers and products or services that may be of interest to you in the future; to otherwise customize your experience with XM; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms and Conditions; and as otherwise described to you at the point of collection. If you wish to not be contacted for future mailers, calls, text messages, or emails after the termination of an Event, please notify XM in writing via email at firstname.lastname@example.org, or at the mailing address provided above.
You may visit, view and retain copies of this Website for your own personal use but may not duplicate, download, publish, modify or otherwise distribute information from the Website for any purpose other than to review Event information and to make purchases for personal use, unless otherwise specifically authorized by XM in writing. XM reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if XM believes your conduct or information supplied violates applicable law or is harmful to the interests of XM.
All content included on the Website (text, graphics, logos, button icons, images, software, etc.) is the property of XM or its content suppliers. The Website's content and software may be used as a shopping resource. Any other use, including reproduction, modification, distribution, transmission, republication, display, or public performance, is strictly prohibited. All rights reserved.
XM shall be entitled to an award of its reasonable costs and expenses, including attorneys' fees, in any action or proceeding in connection to, arising out of, or relating to these Terms and Conditions.
These Terms and Conditions (i) constitute a binding agreement between you and XM; (ii) represent the entire agreement between you and XM, and supersede all prior agreements relating to the subject matter contained herein and (iii) may not be modified or amended except in writing signed by both you and XM. Nothing contained herein shall imply any partnership, joint venture or agency relationship between you and XM and neither party shall have the power to obligate or bind the other in any manner whatsoever, except to the extent herein provided. If any provision of these Terms and Conditions shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of these Terms and Conditions shall not be affected and shall remain in full force and effect. These Terms and Conditions shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflicts of laws principles thereof. You agree to submit to jurisdiction in Florida and venue in the courts of Broward County, Florida. Neither Party shall sell, transfer or assign these Terms and Conditions or the rights or obligations hereunder, without the prior written consent of the other Party, such consent not to be unreasonably withheld or delayed. The parties' rights and obligations will bind and inure to the benefit of their respective successors, heirs, executors and joint administrators and permitted assigns. The headings of the various sections of these Terms and Conditions have been inserted for convenience of reference only.
If you have any questions or comments, please send them in writing to XM Event Group, LLC, 540 N. Andrews Ave., Ft. Launderdale, FL 33301.