Throughout these Terms, whenever we refer to “you” we mean each person or entity who accesses, uses, provides content, or otherwise interacts with the site. By “we” or “our”, we mean TicketsWest.com, Inc., the entertainment segment of Red Lion Hotels Corporation.
We may amend or change these Terms from time to time, with or without notice to you of any kind. Such changes or amendments will take effect immediately upon posting on the site (or of posting on the site of an Internet hyperlink leading to a page displaying the Terms) of the changed or amended Terms, or at such other later date as we may choose at our sole discretion. Please refer to these Terms often to take note of any changes or amendments.
TicketsWest.com, Inc., is the entertainment segment of Red Lion Hotels Corporation, a publicly traded entity. Any information presented on the site may not be current and should not be used or relied upon for any investment decision regarding Red Lion securities or for any similar purpose.
Statements on the site, if any, regarding the financial condition, results of operations or business and expectations or beliefs concerning future events that are not historical facts are "Forward-Looking Statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Use of the words "believes," "expects," "anticipates," "plans," "estimates" or words of similar meaning is intended to identify Forward-Looking Statements but is not the exclusive means of identifying such statements. Known and unknown factors could cause actual results to differ materially from any future results, performance or achievements expressed or implied by such Forward-Looking Statements, including but not limited to economic, competitive, governmental and technological factors affecting our operations, markets, products, services and prices, as well as the risks and uncertainties set forth in the documents Red Lion files with the U.S. Securities and Exchange Commission. We have no obligation to, and may not, publicly update or revise any Forward-Looking Statements because of new information, future events or any other reason.
You may not use a Site to transmit any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or (iv) contains advertising or any solicitation with respect to products or services, unless we have expressly approved such material in advance of its transmission. Any conduct by you that we believe restricts or inhibits any other user from using or enjoying a Site is expressly prohibited. You may not use any robot, spider, other automatic device, or manual process to monitor or copy web pages or their content or for any other unauthorized purpose. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of a Site. You may not take any action that places a disproportionately large load on the infrastructure of a Site. You may not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from a Site without our expressed written permission.
The Sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, all of which belong to their owners. In addition, the content of each Site is copyrighted as a collective product. We own the copyright in both the original content and in the arrangement, and enhancement of all the content. You may not in any way exploit, any of the content, in whole or in part. Subscriber may only download copyrighted material for your personal use. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without our express written permission and that of any other copyright owner. You do not have any ownership rights by downloading copyrighted material. In addition, you may not make available on a Site any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. Subscriber will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights. By submitting material for use on a Site, you are either granting, or warranting that the owner of that material has expressly granted, us the royalty-free, non-exclusive use of the all or any part of the material worldwide in any way for so long as any copyright may exist in such material, including the right to edit, copy, publish and distribute the material.
If you believe in good faith that any content on the Site infringes a copyright held by you, please send us a notice requesting that the content be removed. This notice must include your name, address, telephone number and email address; a description of the copyrighted work on the Site sufficient to allow us to locate and identify the content; and a statement summarizing the grounds for your belief that copyright infringement is occurring. The notice should be signed by you (or your electronic signature) under penalty of perjury stating that the information is accurate and that you have the right to issue such a notice. The notice should be sent to: email@example.com.
YOU AGREE THAT USE OF THE SITE IS AT YOUR RISK. YOU ARE RESPONSIBLE FOR PROTECTING YOUR PASSWORD IF YOU USE ONE. NEITHER WE NOR OUR AFFILIATES, NOR ANY OF OUR OR THEIR EMPLOYEES, OWNERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT SERVICE ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM UNAUTHORIZED USE OR THEFT OF INFORMATION PLACED ON THE SITE BY YOU (INCLUDING THEFT OF CREDIT CARD OR OTHER PERSONAL INFORMATION); NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
WE PROVIDE THE SITE AND ITS INFORMATION, SERVICES, OR MERCHANDISE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, SPONSORS, EVENT PROVIDERS, SUPPLIERS, ADVERTISERS OR ANYONE ELSE PROVIDING OPERABILITY, CONTENT, SERVICES OR MERCHANDISE FOR THE SITE BE LIABLE TO YOU OR ANYONE ELSE ASSOCIATED OR AFFILIATED WITH YOU FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION IN ANY FORM, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. THIS LIMITATION AND DISCLAIMER OF LIABILITY ALSO APPLIES TO ANY DAMAGES OR INJURY ASSOCIATED WITH OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF A VENUE TICKET. YOU FURTHER ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES. ANY RISK OF SUCH INJURY IS ENTIRELY YOURS. IF ANY OF THESE LIMITATIONS OR WAIVERS OF LIABILITY FAIL FOR ANY REASON, YOU AGREE THAT AS AN ESSENTIAL RISK-SHIFTING ELEMENT OF THE BARGAIN BETWEEN US RELATING TO YOUR USE OF THE SITE, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ANY REASON EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO US IN THE ONE CALENDAR YEAR PRIOR TO THE DATE OF INJURY OR ONE HUNDRED DOLLARS ($100).
YOU AGREE THAT FOR ALL CONTENT ON THE SITE, NEITHER WE NOR THOSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MATERIAL ON THE SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN A SITE, OR FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN SHORT, YOU WAIVE ALL CLAIMS TO ANY DAMAGES OF ANY KIND WHATSOEVER, TO THE FULLEST EXTENT ALLOWED BY LAW, ARISING OUT OF OR RELATING TO YOUR USE, OR NON-USE, OF THE SITE.
In the event a claim is brought against us relating to or arising out of your use of the Site, you agree to defend, indemnify and hold us and our directors, officers, owners, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of your use of the Site.
You are responsible for obtaining and maintaining all computer hardware and software, telecommunications equipment, and other equipment needed for access to and use of the Site and for all charges for equipment or access.
Some of the content on the Site is supplied by third parties. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
Our mentioning or offering tickets for sale to various events does not constitute an endorsement, by us or any of our affiliates, of the event or any opinions or views expressed by persons associated with the event. If you are offended by the inclusion of an event on the site, you may bring this to our attention at the address below. Although we place great value on free speech and the rights of free enterprise, we are always willing to listen to particular concerns regarding content or presentation.
If your use of the Site involves the purchase of tickets, our ticket purchase policies are as follows:
When we sell tickets on behalf of third parties, we may not set the ticket prices or determine seating locations. In addition, tickets are usually sold through several distribution points, including through our Site, phone centers, ticket outlets and box offices--therefore, tickets for popular events may sell out quickly. Due to the technical limitations of some venues and distribution modes or the policies of some event promoters, we may not control the entire inventory or its availability.
Tickets purchased on the site are subject to a per ticket convenience charge and a per order handling charge.
If an event is cancelled or postponed by the promoter, participants or venue we will make an effort to ensure you receive a prompt refund of the ticket price and any associated refundable convenience or handling charges. The per order handling charge may not be refundable. If an event is cancelled, please contact us for information on receiving a refund. If the event was moved or rescheduled, the venue or promoter may set refund limitations. Please contact us for exact instructions. Have available your order number information so we can process your refund as quickly as possible. Tickets purchased from outlets other than a Site must be returned through the outlet from which you purchased the tickets.
We are not allowed to issue exchanges or refunds after a ticket has been purchased, even if the ticket is lost or destroyed. Therefore, before purchasing tickets, carefully review your event and seat selection.
If you choose to receive your tickets through the mail, please allow at least 14 days for delivery of your tickets. If you have not received your tickets within 48 hours of the event, please contact us. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. Please note that if tickets fail to arrive, some venues may have policies preventing the issuance of replacement tickets through the mail. Whenever possible, we will offer alternative delivery options for you to retrieve approved replacement tickets. Any change in your preferred delivery method shall not constitute a refund of your order. Tickets delivered through Will Call are typically available one hour prior to the event start time. You will need to present your order number, the credit card used to purchase tickets and a picture identification. Some events do not have Will Call locations and you will not have this option when you order.
If a determination has been made by the promoter or producer of the event that it is necessary to discourage unfair ticket buying practices for a particular event, you may be limited to a maximum specified number of tickets when purchasing tickets for the event. This limitation is included in the information you receive while placing your order.
To the fullest extent allowed by law, any dispute or claim you make against us shall be subject to binding arbitration. THIS MEANS THAT you are waiving the right to a jury trial. YOU MAY COMMENCE ARBITRATION WITHIN THE TIME PERMITTED BY THE APPLICABLE STATUTE OF LIMITATIONS BY SENDING US A CERTIFIED LETTER DESCRIBING YOUR CLAIM TO THE NOTICE ADDRESS PROVIDED BELOW. THE ARBITRATION SHALL BE GOVERNED BY THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, EXCEPT THAT RULES OF DISCOVERY SHALL BE GOVERNED BY THE ARBITRATOR. CLAIMS SHALL BE HEARD BY A SINGLE ARBITRATOR CHOSEN BY AGREEMENT OF THE PARTIES. IF THE PARTIES CANNOT AGREE UPON AN ARBITRATOR THEN THE ARBITRATOR SHALL BE SELECTED AT RANDOM BY THE AMERICAN ARBITRATION ASSOCIATION. YOU AND WE SHALL EACH BE RESPONSIBLE FOR ONE-HALF OF THE ARBITRATION FEES, BUT IN NO EVENT SHALL EITHER OF US BE RESPONSIBLE FOR THE OTHER’S ATTORNEYS’ FEES. THE ARBITRATOR SHALL BE EMPOWERED TO AWARD COSTS. ARBITRATIONS SHALL BE HELD IN SPOKANE, wASHINGTON; TELEPHONIC APPEARANCES MAY BE PERMITTED AT THE DISCRETION OF THE ARBITRATOR.
YOU AND WE BOTH AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU SPECIFICALLY AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.
This agreement shall be construed and interpreted under Washington Law, without regard to its conflicts of laws rules, or where applicable federal law. Sole jurisdiction and venue for any cause of action to enforce arbitration, or for any cause of action not subject to arbitration (if any shall exist) shall lie in the appropriate state or federal court located in Spokane County, Washington.
Section headings are for convenience only and may not be relied upon
The site is not for use by persons under the age of 13.
We reserve the right to refuse service or block access to any individual whose actions violate these Terms, or whose actions are otherwise determined by TicketsWest to have negatively impacted TicketsWest or a Site.
Whenever providing notice as called for by these terms, please contact us as follows: