Last updated on April 7, 2017
You should note that our Website includes pages or portions of pages that are operated by third parties other than CDS NFL Event, L.L.C. Such pages or portions may look and feel like they are part of the Website, but they are subject to the respective privacy policies of the operating third parties. This means that the collection, storage, use and sharing of the Personal Information you provide with respect to such pages will also be governed by the applicable privacy policies of such third parties. We encourage you to review the applicable privacy policies before sharing any Personal Information with such third parties.
1. How we collect Personal Information
We treat any information that makes it possible to identify you as an individual as personal information (“Personal Information”). For example, we consider your name, postal address (including city, state, postal code and country), telephone number, e-mail address and date of birth to be Personal Information.
By using our Website and/or Services, you agree that we may collect and store any Personal Information you provide to us and any information gathered through your use of the Website and/or Services. For example, we collect Personal Information you provide when you purchase tickets through the Website, send us an e-mail, call us, enter in contests and sweepstakes, enroll or participate in clubs, subscribe to the Event’s newsletters, submit a job application or post comments on the Website. We also collect information about your behaviour on our Website and track your usage of our Services.
By using the Website, you consent to receiving cookies from us and the third party advertisers on our Website. Cookies are alphanumeric identifiers that are transferred to your computer's hard drive through your web browser which enable us to retain certain information about your use of the Website, including the date of your last visit to the Website, the pages you visit on the Website, the files you download on the Website and the type of browser you use.
Cookies may also identify your location if you choose to share this information with us. Please note that some mobile applications may automatically collect the location of your mobile device using technologies such as GPS, Wi-Fi, or cell tower technology in order to tailor our services to your needs. Most mobile devices allow you to withdraw your permission to CDS NFL Event, L.L.C. to acquire such location data through device settings. If you have questions about how to disable your mobile device’s location services, we recommend that you contact your mobile device service provider or the device manufacturer. Please note that the mobile applications may not function properly without the location data, and that we may be required by law to retain certain Personal Information.
Overall, cookies help us to determine the number of people who visit the Website and the frequency of these visits. They also allow us to personalize content, respond to your requests regarding the Website, our Services and the Event.
You may set your browser to block cookies, including those associated with our services. However, it is important to remember that certain features of the Website may not function properly if your cookies are disabled. Cookies enable you to take full advantage of some of the Website's best features, so we recommend that you keep them enabled. You can learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of web browsers. You may also use the "help" function, on the toolbar of most web browsers, which will instruct you on how to prevent your browser from accepting new cookies, how to have your browser notify you when you receive new cookies and how to disable cookies altogether.
3. GOOGLE ANALYTICS
We also use certain Google Analytics services, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting and other integrated services that require Google Analytics to collect data for advertising purposes, including the collection of data via advertising cookies and identifiers. If you wish to opt-out of your data being used for Google Analytics, you may use one of the currently available opt-outs for the web.
4. STORAGE OF PERSONAL INFORMATION
5. USE OF PERSONAL INFORMATION
We may use the Personal Information that you submit through this Website to:
Understand your needs and optimize the Website and the Event. For example, we may use your Personal Information to help us perform transactions with you more effectively, tailor your experience of the Website and/or Services, secure your transactions by verifying your identity, and suggest appropriate products or services to facilitate your experience of this Website and the Event;
Respond to your inquiries made through this Website or otherwise communicated to us, and to process any purchase made through this Website;
Send you information that we think might interest you, such as updates about activities, privileges, promotional offers, products and services offered by us and our affiliates, the National Football League group of companies, and Cirque du Soleil Entertainment Group, as well as the Event’s other marketing partners. You can opt out from receiving e-mails from us at any time by following the unsubscribe instructions provided in the e-mails you receive or by communicating with us using the contact information at the bottom of this page;
Send you optional surveys to find out more about your opinions on our Website, our Services and/or the Event;
Organize and manage marketing activities, such as contests, games, sweepstakes and other promotions;
Improve our Website and Services and advertise more effectively by combining your Personal Information with other information collected by us from third party sources;
Perform quality assurance and business analysis to maintain and improve the quality of the Website and Services and the Event; and
As otherwise described to you from time to time on the Website.
6. SHARING OF PERSONAL INFORMATION
: We share certain of your Personal Information with the National Football League group of companies, and Cirque du Soleil Entertainment Group, such as your name, e-mail address, telephone number and postal address, as provided by you, as well as additional information in connection with your use of our Website and/or Services, and your interaction with the various elements of the Event, for statistical, marketing and any other purposes described in the privacy policies of such partners.
: We may share your Personal Information with our affiliates for the purpose of performing services on our behalf or for us.
: Your Personal Information may be shared with third parties acting on our behalf or for us, such as ticket distributors, payment processors, data processors and technical systems consultants.
: We may share your Personal Information with third parties who may, from time to time, associate themselves with CDS NFL Event, L.L.C. for the presentation of the Event or for any other activities, such as contests, games, sweepstakes or other promotions.
: If you have expressly indicated to us your consent to receive information from any other third parties that are not included in this list, we will share with such third parties the Personal Information you have provided us. Your Personal Information may then be used by such third parties in order to provide you with offers, products, promotions and services related to their respective activities or for any other purposes you consent to.
7. RIGHT TO ACCESS, CORRECT OR DELETE PERSONAL INFORMATION
You may contact us at any time to consult, correct or remove Personal Information concerning the file held by us. All verifications, comments or requests related to your Personal Information must be sent in writing using one of the means indicated at the bottom of this page; for purposes of security you will be asked to provide information making it possible to identify you.
8. SAFEGUARD OF YOUR PERSONAL INFORMATION
We have adopted reasonable security procedures to help protect against loss and misuse of, and unauthorized access to, your Personal Information. While we strive to protect your information and privacy, we cannot guarantee or warrant the security of any information you share or transmit on the Website or at the Event, and cannot be responsible for the theft, destruction or inadvertent sharing of your information, unless such acts are the result of our gross negligence or wilful misconduct.
9. COLLECTION AND USE OF CHILDREN’S PERSONAL INFORMATION
CDS NFL Event, L.L.C. takes children’s privacy seriously. We do not knowingly collect, store or use Personal Information of children under the age of 13 through the Website or at the Event. If you are a minor under the laws of your country, please do not submit any Personal Information through the Website or at the Event without the express consent and participation of both parents or all legal guardians (as applicable).
11. CALIFORNIA PRIVACY DISCLOSURES
12. GOVERNING LAW
CDS NFL Event, L.L.C.
321 West 44th Street, Suite 901
New York, NY 10036
Terms and conditions
Last updated on April 7, 2017
The following Terms and Conditions constitute a legal document that describes your rights and responsibilities as a user. It applies to the website: www.nflexperience.com (the "Website") and to the related online and mobile services offered on the Website (collectively, the "Services").
1. Recent Updates
We reserve the right to make modifications to these Terms and Conditions from time to time in order to adapt it to any changes in applicable laws or our activities. The date of the latest version of the Terms and Conditions is indicated at the top of this page. By continuing to use our Website and/or Services, you are consenting to any changes to the Terms and Conditions.
This Website contains information including applications, special offers, press releases, photographs, graphics, text, images, logos, icons, designs, software, audio and video material, trademarks, proprietary information and other material (collectively "") belonging to the NFL Entities (defined as the National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees), National Football League Players Association, Cirque du Soleil Entities (defined as Cirque du Soleil Holdings L.P. and its subsidiaries, affiliates, partners and their respective officers, directors, agents, representatives and employees) and/or their respective affiliates or to third parties who may associate themselves with us for the presentation of the Event or for any other activities.
You acknowledge that the Content belongs exclusively to its respective owner and is protected by applicable intellectual property rights and other laws, include copyright. It is therefore forbidden to copy, modify, amend, delete, augment, publish, transmit, use in a misleading way, create derivative works of, create or sell products derived from, display or post, or in any other way exploit or use such Content except as expressly provided herein or without the express authorization of each respective owner.
No right, title or interest in any Content on this Website, including, without limitation, the logos and other marks of the NFL Entities, National Football League Players Association, the Cirque du Soleil Entities and/or their respective affiliates, is transferred to you as a result of your use of the Website, and such entities retain full and complete ownership of all rights, title and interest in and to such Content.
Our Website features hyperlinks to other websites that we do not control. You should note that these websites are subject to the respective terms and conditions of the operating third parties and that we are not responsible for the content of these Websites. A hyperlink from our Website to another website that does not belong to CDS NFL Event, L.L.C. does not mean or imply that we approve of or recommend the content of such other website.
3. YOUR OBLIGATIONS AS A USER
You may use information about the Event purposely made available by us for downloading or copying from our Website, provided that:
you do not modify this information or remove any copyright, trademark and other intellectual or proprietary rights notices;
you use such information solely for your personal, non-commercial purposes and do not post this information on the Internet, any website, any networked computer or broadcast it in any media; and
you do not make any representations or warranties relating to such information.
Any illegal or unauthorized use of our Website shall constitute a violation of these Terms and Conditions. You do not have permission to access our Website in any way that violates these Terms and Conditions, the laws or regulations of the United States of America, Canada or the country from which you are visiting our Website. Illegal or unauthorized use of our Website includes:
reverse-engineering, de-compiling or otherwise investigating the Website;
using the Website in a way that would facilitate illegal ticket sales, copying, modifying, deleting, augmenting, publishing, transmitting, creating derivative works of, creating or selling merchandise derived from our Content or in any other way exploit our Content, in whole or in part;
using any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to illegally gain access, acquire, copy or monitor any portion of this Website or any network connected to the Website or reproduce or circumvent the navigational structure or presentation of the Website or any Content; or
interfering with the security of the Website or using any software or mechanism to harvest or collect information for commercial purposes.
4. CONTEST AND SWEEPSTAKES
We may offer you to enter contest and sweepstakes in connection with the Event. All contest and sweepstakes are subject to their own terms and conditions. By submitting your participation to a contest or sweepstake, you agree to all related special terms and conditions.
5. DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL INFORMATION ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CDS NFL EVENT, L.L.C. DOES NOT ENDORSE, WARRANT OR REPRESENT THAT: (I) THE INFORMATION ON THIS WEBSITE IS ACCURRATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT; (II) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (III) USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE AND/OR VIRUS-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (V) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE OR THAT SUCH SERVICES OR INFORMATION WILL MEET YOUR EXPECTATIONS; (VI) THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (VII) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CDS NFL EVENT, L.L.C. OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, ADMINISTRATORS, REPRESENTATIVES, AGENTS OR THIRD PARTIES WITH WHOM CDS NFL EVENT, L.L.C. ASSOCIATES ITSELF FROM TIME TO TIME, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
IN CERTAIN CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY IN SUCH PARTICULAR CASES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN AGGREGATE LIABILITY OF CDS NFL EVENT, L.L.C. AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, ADMINISTRATORS, REPRESENTATIVES, AGENTS OR THIRD PARTIES WITH WHOM CDS NFL EVENT ASSOCIATES ITSELF FROM TIME TO TIME) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100). SHOULD THE LIMITATION OF LIABILITY SET FORTH ABOVE NOT APPLY IN ANY PARTICULAR CASES, ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE USE OF THE CDS NFL EVENT, L.L.C. WEBSITE OR ITS TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR FOLLOWING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE.
YOU HEREBY RELEASE THE NFL ENTITIES, THE NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, THE CIRQUE DU SOLEIL ENTITIES AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ADMINISTRATORS, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY UNDER THESE TERMS AND CONDITIONS OR YOUR USE OF THIS WEBSITE AND/OR THE SERVICES. YOU HEREBY IRREVOCABLY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHTS, CLAIMS OR RECOURSE THAT YOU MAY HAVE AGAINST THE NFL ENTITIES, THE NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, THE CIRQUE DU SOLEIL ENTITIES AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ADMINISTRATORS, REPRESENTATIVES AND AGENTS.
You are responsible for the downloading of files, the distribution of information and the transmission of data by your computer system. If you cause damage to this Website or harm to CDS NFL Event, L.L.C., you will be held responsible. In addition, you agree to indemnify and hold harmless CDS NFL Event, L.L.C., the NFL Entities, the National Football League Players Association, the Cirque du Soleil Entities and their respective affiliates, directors, officers, employees, administrators, representatives and agents, and all other persons acting on their behalf, from and against all claims, actions, damages or other demands, including reasonable attorney fees and expenses arising from or in connection with your breach of these Terms and Conditions. You irrevocably waive all claims against the NFL Entities and the Cirque du Soleil Entities and agree that the NFL Entities and the Cirque du Soleil Entities will have no liability or responsibility for any claim arising in connection with these Terms and Conditions or your use of the Website and/or the Services.
8. SUSPECTED VIOLATION
You acknowledge and agree that we may, at our sole discretion and without prior notice, terminate your access to our Website or exercise any other remedy we see fit, including civil, criminal and injunctive remedy, if we deem, at our sole discretion, that your conduct or the conduct of any person whom we believe you are acting in concert with, violates or is in breach of these Terms and Conditions or any applicable law, or violates our rights or the rights of our affiliates or any third parties with whom we may associate from time to time, a client of CDS NFL Event, L.L.C. or any other user of our Website.
9. GOVERNING LAW
The Terms and Conditions shall be interpreted and governed by the laws of the State of New York. In case of any disputes between you and CDS NFL Event, L.L.C. regarding your use of the Website and/or Services, such disputes shall be resolved under the laws of the State of New York, excluding its conflict of law principles, and the federal and state courts of New York shall have exclusive jurisdiction to determine all claims.
10. OTHER TERMS
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of that right or provision. If any term or provision of these Terms and Condition or any portion of such term or provision is held invalid or unenforceable, the remainder of these Terms and Conditions will not be affected thereby and each remaining term or provision or portion thereof will be valid and enforceable to the full extent permitted by the applicable law. In lieu of each term or provision of these Terms and Conditions which is invalid or unenforceable, there shall be added as a part of these Terms and Conditions a term or provision as nearly identical as may be possible and as may be legal, valid and enforceable.
All requests for information about our Terms and Conditions may be sent to:
CDS NFL Event, L.L.C.
321 West 44th Street, Suite 901
New York, NY 10036
Purchase Agreement For Tickets
Important - Please Read
We would like to inform you that NFL Experience Times Square (“Event”) is an attraction that may contain flashing lights or other special effects which may cause difficulties for people with photosensitive epilepsy or other medical condition. Also, please be informed that the attraction offers the ultimate immersive experience by providing motion seat enabling the participants to feel the action on the screen as if they were literally on the football field or part of the live action displayed on multimedia footage. Motion seats are not a theme-park ride experience but may provide sensational and emotional feelings. Please consider these factors when purchasing Tickets.
CONDITIONS OF SALE AND CONTRACTUAL OBLIGATIONS
The parties to this Purchase Agreement are:
CDS NFL EVENT, L.L.C. (“we”, “us” and “our”)
321 West 44th Street, Suite 901
New York, NY 10036
- AND -
TYPES OF TICKETS AND LATE ARRIVAL.
Each ticket is issued for a specific date and time slot within an allocated price category. As such, you must review your Ticket selection before you submit and confirm your order. We recommend validating your Tickets at the Event box office at least fifteen (15) minutes of your selected and reserved time slot. By accepting the terms of this Purchase Agreement, you agree to pay the full price of the Tickets ordered, including any applicable taxes, delivery charges, convenience or service fees and any other cost, as described in detail in the purchase process. You acknowledge that the Event premises has a maximum occupancy capacity and therefore if you arrive late after your scheduled reserved time, you may only be admitted based on availability of the next time slot (subject to the payment of additional fees, as applicable), at our sole discretion. If no immediate or imminent admission is possible for latecomers, we will use reasonable efforts to offer a rescheduled date and time having an equal or lesser value.
CONCLUSION OF CONTRACT AND ORDER CONFIRMATION..
You hereby agree to purchase and we agree to sell the Ticket(s) detailed in your order. Once your order is confirmed and your payment completed, you will receive a confirmation page and/or email indicating a confirmation number (“Order Confirmation Page”). You must keep your confirmation number. If, for any reason whatsoever, you do not receive a confirmation number or if you receive an error message or encounter a service interruption, it is your entire responsibility to contact our Customer Service Department to confirm whether your order has been properly processed. You are solely responsible for any problem that you may cause during the purchase of Tickets. In such case, we will not be responsible for any loss (monetary or otherwise) that may result from any problem occurring or caused by your fault or negligence during the purchase of Tickets through the website: www.nflexperience.com (the “Website”) and/or the related online and mobile services offered on the Website, including, without limitation, the failure of a transaction to be completed or confirmed. Orders will be processed only after a billing address and other billing information have been verified. Occasionally, we receive incorrect billing or credit card account information for an order of Ticket(s). This can delay the processing of the order and the delivery of the Ticket(s). In such case, we may attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after an initial attempt due to incorrect billing or credit card information, we reserve the right to cancel your order and sell your Ticket(s) to another customer. In such case, you will be informed immediately, insofar as correct contact information is available. Tickets purchased through our Website will be delivered by e- mail at the e-mail address you indicate. You may print your Ticket(s) and present them at the Event or present your Ticket(s) via a mobile device.
REFUNDS AND EXCHANGES POLICY.
All sales are final, non-refundable, and you are solely responsible for safeguarding such Ticket. Lost, stolen, forgotten, unreadable or destroyed Tickets will not be replaced. The use of counterfeit or invalid tickets is prohibited. The duplication; reprinting; advertising, promotion (e.g. contests, sweepstakes, commercial endeavors); or resale or attempted resale of this Ticket in violation of applicable law or without our express written permission is prohibited and grounds for seizure or cancellation.
HOURS OF OPERATION.
The Event hours of operation are subject to change at any time and we reserve the right, in our sole discretion, to delay, postpone or cancel the opening of Event. In the event any admission to a specific time slot is delayed, postponed or canceled, we will inform you by written notice, as soon as reasonably practicable, that an exchange or refund of your Tickets is available. Please make sure to provide your order confirmation number at the time of your inquiry to facilitate the exchange or refund process, as applicable.
RIGHT TO CANCEL TICKETS, REFUSE ACCESS AND EXPEL.
We reserve the right to cancel any Tickets or order of Tickets and to institute legal proceedings against you if you breach any terms and conditions of this Purchase Agreement. We reserve the right to request photo ID of the ticketholder. In the event that any person attending the Event is judged unmanageable or exhibits behavior which is considered inappropriate, or fails to comply with the Event’s rules, we reserve the right to, without any refund or compensation, terminate such person's right to attend the Event. Tickets shall not be redeemable for cash. You consent to the inspection of your person and personal property before entering and/or while at the Event. We reserve the right to refuse any person Event admission and to remove any person refusing such inspection and/or any person who upon inspection is deemed by us (in our sole discretion) to have unlawful, dangerous or otherwise inappropriate or prohibited items.
RECORDING AND PUBLICATION.
All cameras, tape recorders and video recorders (including when incorporated in cellular phones) and their use are strictly forbidden on the site of the Event. You hereby grant us the right to use your image or likeness incidental to any live or record video display or other transmission or reproduction in whole or in part of the Event for marketing and promotional efforts and initiatives and for security and archival purposes.
Any resale of Tickets is strictly prohibited. We reserve the right to cancel the license granted under the Tickets in connection with any fraudulent or other unauthorized sale of such Tickets, without any refund or other compensation. Tickets may not be used for any advertising and/or promotional purposes (including contests and sweepstakes) or resold without our prior written authorization.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL CDS NFL EVENT, L.L.C. OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, SPONSORS, DISTRIBUTORS, VENDORS, SUPPLIERS, REPRESENTATIVES, PARTNERS AND ALL OTHER PERSONS ACTING ON BEHALF OF CDS NFL EVENT, L.L.C., BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF TICKETS OR FOR THE COST OF PROCUREMENT OF TICKETS OR OTHER PRODUCTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OTHER INTANGIBLES, EVEN IF CDS NFL EVENT, L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ALL SECURITY MEASURES IN PLACE ON THE SITE OF THE EVENT, INJURY MAY OCCUR ON SITE THE EVENT. BY ACCEPTING THE TERMS OF THIS PURCHASE AGREEMENT, YOU ASSUME ALL RISK, LIABILITY AND RESPONSIBILITY FOR ANY AND ALL DAMAGES OF ANY NATURE SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, BODILY HARM AND LOSS OF PROPERTY INCURRED DURING OR IN CONNECTION WITH THE EVENT. FURTHERMORE, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO CLAIM DAMAGES OR TO INSTITUTE CIVIL, CRIMINAL, ADMINISTRATIVE OR LEGAL PROCEEDINGS AGAINST CDS NFL EVENT, L.L.C., ITS AFFILIATES AND OTHER RELATED ENTITIES OR THEIR DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, EMPLOYEES, SPONSORS, DISTRIBUTORS, VENDORS, SUPPLIERS, REPRESENTATIVES, PARTNERS AND ALL OTHER PERSONS ACTING ON BEHALF OF CDS NFL EVENT, L.L.C., RESULTING FROM ANY CAUSE WHATSOEVER ARISING EITHER BEFORE, DURING OR AFTER THE EVENT. ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO YOUR PURCHASE OF TICKETS MUST BE FILED WITHIN ONE (1) YEAR FOLLOWING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. IN CERTAIN CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY IN SUCH PARTICULAR CASES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND THAT OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, DISTRIBUTORS, VENDORS, SUPPLIERS, PARTNERS, SPONSORS, REPRESENTATIVES OR ALL OTHER PERSONS ACTING ON BEHALF OF CDS NFL EVENT, L.L.C.) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE PURCHASE PRICE OF THE TICKETS DETAILED IN THE PURCHASE PROCESS. YOU HEREBY RELEASE THE NFL ENTITIES (DEFINED AS THE NATIONAL FOOTBALL LEAGUE, ITS MEMBER PROFESSIONAL FOOTBALL CLUBS, NFL VENTURES, INC., NFL VENTURES, L.P., NFL PROPERTIES LLC, NFL ENTERPRISES LLC AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES), THE CIRQUE DU SOLEIL ENTITIES (DEFINED AS CIRQUE DU SOLEIL HOLDINGS L.P. AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES) AND THE NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION FROM ANY LIABILITY UNDER THIS PURCHASE AGREEMENT AND/OR THE SHOW. YOU HEREBY IRREVOCABLY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHTS, CLAIMS OR RECOURSE THAT YOU MAY HAVE AGAINST THE NFL ENTITIES, THE NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, THE CIRQUE DU SOLEIL ENTITIES AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ADMINISTRATORS, REPRESENTATIVES AND AGENTS.
If you cause damage at the site of the Event or harm to CDS NFL Event, L.L.C., you will be held responsible. In addition, you agree to indemnify and hold harmless CDS NFL Event, L.L.C., the NFL Entities, the National Football League Players Association, the Cirque du Soleil Entities and their respective affiliates, directors, officers, employees, administrators, representatives and agents, and all other persons acting on their behalf, from and against all claims, actions, damages or other demands, including reasonable attorney fees and expenses arising from or in connection with your breach of this Purchase Agreement.
If any term, provision or section of this Purchase Agreement or any portion of such term, provision or section is held invalid or unenforceable, the remainder of this Purchase Agreement will not be affected thereby and each remaining term, provision or section, or portion thereof, will be valid and enforceable to the full extent permitted by applicable law. In lieu of each term, provision or section of this Purchase Agreement which is invalid or unenforceable, there shall be added as a part of this Purchase Agreement a term, provision or section as nearly identical as may be possible and as may be legal, valid and enforceable.
This Purchase Agreement is governed by the laws of the State of New York, NY.