Qux® Live Event Terms And Conditions

Event Dates and Times:

Event date, times, venue and subject matter may change. We are not always notified of such changes. It is your responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event. In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond our control. We shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation in the event such a change occurs.

Payment Options:

As a buyer, you grant Qux, Inc permission to charge your bank account, credit or debit card for the purchase of tickets in the full amount of your order, including all fees and charges included at the time of checkout.

Ticket Holder Behavior Policy:

You agree to abide by all rules and policies of the venue, promoter and anyone else responsible for putting on the event. Should you fail to abide by those rules and policies, you shall be subject to all applicable penalties, including denial of admission to or removal from the event, restriction of future rights to access the venue, fines, and legal or other expenses associated therewith. Further, should any violation result in the loss of the ticket seller’s season ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you shall be held liable for all reasonable costs, expenses and losses associated with said loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.

Changes in Terms and Conditions:

We reserve the right, in our sole discretion, to change these Terms at any time. If We change any term or condition, said modification, revision and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this site. Your continued use of the site following our posting of revised terms and conditions constitute your acceptance of the revised agreement.

Investigations and Consequences:

A purchaser who is the subject of a complaint or whom We believe may have violated these Terms or applicable law will be subject to investigation by Service Provider. You agree to cooperate fully in such investigation including, but not limited to, providing any and all information demanded by Service Provider. If Service Provider finds, in its sole discretion, a user: (a) is unwilling to cooperate with any investigation; (b) has engaged in any illegal, unlawful or fraudulent conduct or otherwise violated these Terms or applicable law or has acted in concert with anyone so engaged; or (c) has provided information that Service Provider is unable to authenticate or verify, Service Provider may take any action it deems appropriate, including, but not limited to, canceling orders, issuing a warning, blocking your access to the Site, preventing you from finalizing pending transactions, or exercising any other remedy available to Us (including civil, criminal or injunctive redress). You agree that monetary damages may not provide a sufficient remedy to Us for violations of these Terms and may be difficult to ascertain or calculate and you consent to injunctive or other equitable relief for such violations.

We reserve the right to report to appropriate law enforcement authorities or other relevant third parties any activity that either Service Provider or Site Owner believes, in its respective sole discretion, may in any way violate any local, state, federal or international law.

 Privacy:

Your access to this Site and all communications between you and Us are subject to the privacy policy found here: qux.tv            

Indemnification:

You agree to indemnify, defend and hold the Site Owner and Service Provider, and each of our respective parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives (“Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of these Terms; (b) any allegation that any information you submit or transmit to the Site infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of us; (d) your acts or omissions in connection with your use of this Site; and (e) any claim brought by a third-party (a “Third Party Claim”) against any of the Indemnified Parties in respect of which recovery may be sought under clauses (a) through (d) above. These indemnification provisions shall survive any termination of this Agreement.

Disclaimers and Limitations on Liability:

No Warranty: THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. 

Limitation of Liability: THE SITE OWNER NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE. 

Disputed Charges:

You are responsible for any and all legal fees incurred by you, Qux, Inc or any affiliate associated with your disputed charges and chargebacks for purchases made, or tickets listed, on this Site.

Arbitration and Dispute Resolution:

You on the one hand and Site Owner and Service Provider on the other hand, each agree that any and all disputes, controversies, or claims arising out of or relating to: (i) these Terms; (ii) your use of, or access to, this Site; (iii) Site Owner’s and Service Provider’s services; or (iv) any tickets or other items sold or purchased through this site shall be resolved exclusively through final and binding arbitration under the Consumer Arbitration Rules for the American Arbitration Association (“AAA”) via video, web, or telephonic conference before a single, independent arbitrator, rather than in court. SPECIFICALLY, YOU HEREBY AGREE TO WAIVE ALL RIGHTS AND CLAIMS TO A TRIAL BY JURY. You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate, you must notify Us in writing within thirty (30) days of the date that you first access this site. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with Site Owner and/or Service Provider through arbitration. Written notification should be mailed by certified mail to: Qux, Inc., 1331 Memorial Dr., Denison, TX 75020.

YOU ON THE ONE HAND AND SITE OWNER AND/OR SERVICE PROVIDER ON THE OTHER HAND AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND SITE OWNER AND/OR SERVICE PROVIDER (AS THE CASE MAY BE) ACKNOWLEDGE AND AGREE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS YOU, SITE OWNER, AND SERVICE PROVIDER COLLECTIVELY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.

Any request for payment of fees by Qux, Inc should be submitted by mail with the Demand for Arbitration. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse Qux, Inc, as the case may be, for all fees associated with the arbitration paid by Qux, Inc.

Modification:

Qux, Inc has the right, in its respective sole discretion, to modify, suspend or discontinue any part of this site at any time, with or without notice.

Access to the Event:

We, in our sole discretion, with or without cause, and without prior notice, may terminate your access to the event.

Force Majeure:

We shall not be deemed in default or otherwise liable under these Terms due to our inability to perform our obligations by reason of any act of God, fire, earthquake, substantial snowstorm, flood, epidemic, pandemic, disease, government-mandated shut-down, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by our default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under our control.

Tax:

You are responsible for paying any sales taxes that may be applicable.

Governing Law:

These Terms, the use of the Site, and any sale of tickets hereunder will be governed by the laws of the state of Texas, without reference to conflict of law principles.

Entire Agreement:

This Agreement, together with any other policies posted on qux.tv, including our Privacy Policy, contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.

Additional Provisions:

No agency, partnership, joint venture or other relationship is intended or created by your purchase of any tickets. If any provision of these Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law. The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.