These Terms are effective as of March 17, 2024.

Please review these Terms carefully.

IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU (AS WELL AS THE BELOW NAMED COMPANY AND VENDOR) ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Please read these terms (as may be amended from time
to time, these "Terms") carefully. These Terms govern all aspects of this
website ("Website").

This Website is owned by Boots and Bikinis, LLC
("Company").

Tickets are sold by a third-party ("Vendor") that provides a platform to Company to sell tickets through the Website.

When you select a
ticket listing on the website, you will check out on a page that is hosted and
operated by Vendor.

Vendor also provides the following services to the
Company: processing orders, verifying order details and confirming validity
of payment information, charging your credit or debit card, coordinating
delivery, and customer service.

These Terms collectively refer to Company and Vendor as "we", "our", or
"us".

If you do not accept these Terms or you do not meet or comply with its
provisions, you may not use this Website or any services offered through
this Website.

These Terms are effective as of March 17, 2024.

By using this Website, you accept these Terms and
agree that they are binding upon you. You represent that:

(i) you are legally
able to enter into this binding contract;

(ii) you are a resident or citizen of the United States of America;

(ii) if you are between the ages of 13 and 17, you are purchasing tickets under the supervision of and with the consent of a parent or guardian; and

(iii) you will not use (or plan, encourage or help others to use) this Website for any purpose or in any manner that is prohibited by these Terms or by applicable law. If you are under the age of 13, you are prohibited from using this Website. If you live outside the United States of America, you are prohibited from using this Website.

It is your responsibility to ensure that your use of this Website complies with these Terms and all applicable laws.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to us and our third-party service providers, your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship.

See our Privacy Policy for how we treat your data.

We are not the official box office, a licensed ticket agent, or affiliated in any way with any venue, promoter, team, league or organizing group, nor are any of us associated with any official organizer of the events for which tickets are listed on this Website.

Changes in Terms. We may update these Terms, at our sole discretion, from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms to the Website.

Any such changes will not apply to any dispute arising prior to the date on which the revised Terms were posted on the Website incorporating such changes or you were otherwise notified of such changes.

You agree that it is your responsibility to regularly check the Terms for any update.

Your continued use of this Website following our posting of the revised Terms constitutes your acceptance of the revised Terms. These Terms are effective as of notice above indicates when these Terms were last changed.

Key Sales Terms. We would like to emphasize the following key sales terms: All orders placed on this Website are considered requests to purchase until you receive confirmation of the availability of the tickets and acceptance of your order by the Vendor. All sales are final; there are no cancellations, returns, or exchanges, except as may be required by law. If an event is canceled and not rescheduled, you will be eligible for a credit (or, in our sole discretion, a cash refund) subject to the requirements set forth in these Terms. If an event is postponed or rescheduled, your order will not qualify for a credit and your tickets will be valid for the rescheduled date, unless otherwise required by applicable law. Ticket prices may be above the "face value" listed on the ticket (they may also be below the "face value"). All ticket transactions include additional service charges and handling fees. Confirmed orders may be filled with comparable or upgraded tickets. When you purchase a ticket, you receive a 100% Guarantee, as detailed in Item 7 below. If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, venue security or other personnel relocate you to a location within the venue that is different from the seating location that you had ordered, such relocation will not qualify you for a refund or for other compensation.
Once you have selected tickets for purchase, you will fill out and submit the information requested on this Website, which constitutes an order. This order is an irrevocable offer to purchase the tickets that remains outstanding for the shorter of the Vendor’s acceptance of the order or 30 days from the date that you submit the order. Once you submit the order, you cannot cancel or retract it. Upon the submission of the order, a hold will be placed on your credit or debit card for the funds necessary to purchase these tickets. You will receive an email promptly after you place your order. Neither of these actions complete the sale. Rather, a completed sale is dependent on the Vendor's acceptance of the order and notice of confirmation to you that the order is accepted. Upon the Vendor’s acceptance of the order, your credit or debit card used in placing the order will be charged. Please note that the price you pay may be higher than the face value of the tickets. We are not able to confirm the veracity or conformity of every order. We are not responsible for typographical errors within the ticket inventory listed for sale. When an error is found in processing your order, you will be notified of the error and provided with available options, including the option of cancelling your order.
The 100% Guarantee means (i) that your transaction will be safe and secure, (ii) the tickets will be delivered prior to the event, (iii) the tickets will be identical, comparable, or better than the tickets you ordered, and (iv) the tickets will be valid and authentic. Your only recourse under this 100% Guarantee is compensation of the purchase price (including delivery charges, less possible restocking fees), in the form of credit for use on a future purchase or as a cash refund, as determined at our sole discretion except where prohibited by law.
Event Dates and Times Subject to Change. 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 the entity putting on the event may require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond our control. You agree that we will not be liable or responsible for any such change and will not be obligated to provide a credit or any other compensation in the event such a change occurs.

If you have difficulty getting into an event that occurs using the ticket you purchased from Vendor, you are required to contact Vendor at 435-200-2012 immediately for assistance.

If the problem is not resolved, it is your responsibility to obtain proof from the venue of denied entry. Upon receipt of valid proof that the tickets failed to provide you entry, or if Vendor otherwise determines in Vendor's sole discretion that the ticket was invalid, your sole remedy will be to receive a full refund of the price charged for the ticket and all service charges and delivery fees. Due to public health safeguards required by COVID-19 pandemic, your tickets and admission to the event are subject to all safety and health policies required by the venue where you will attend the event. You agree that, as deemed necessary by the venue, the venue may continue to develop and update these policies between the time that your purchase occurs and the event date. By using tickets, you agree that you will comply with such policies and your attendance at the event is conditioned on such compliance.

If your admission to the event is denied or revoked because you have willfully failed or refused to comply with any such safety and health policies of the venue, you will not be eligible for any compensation from Company or Vendor.

Please keep your tickets in a safe place. We are not responsible for lost, stolen, damaged or destroyed tickets and are under no obligation, and, in many instances, are not able, to replace tickets. Please note that direct sunlight or heat can damage certain types of tickets. If you request that we submit a request to the Vendor for a re-issue of tickets, your credit or debit card will be charged a reissue fee of 15% of the order total (ticket price, service charges and delivery fees). If the Vendor is unable to re-issue the tickets, you will be refunded this 15% reissue fee.
Orders Fulfilled with Comparable or Upgraded Tickets. We reserve the right to replace tickets that you offered to purchase or ordered on this Website with comparable or upgraded tickets. When this occurs, we will be deemed to have fulfilled our obligations under these Terms. Determinations of "comparable" and "upgraded" are made at Vendor's reasonable discretion. Should we fail to cause the delivery of any confirmed ticket purchase, our sole obligation or liability shall be limited, unless otherwise required by applicable law, to the return by Vendor of the ticket price, service charges, and delivery fees paid by you with respect to the undelivered ticket. Unless otherwise prohibited by applicable law, we reserve the right to cancel your order at any time for any reason, in which event we will provide you a full refund of the price paid for the ticket and all services charges and delivery fees. Due to the large volume of Vendor listing tickets on this Website, locations, descriptions and pricing of similar or equal tickets may vary. It is your responsibility to verify any possible inconsistency or discrepancy in the ticket location, description and/or price by calling Vendor at 435-200-2012 before the order is placed.
All sales are final. Unless otherwise required by applicable law, postponed or rescheduled events will not be refunded. Company, in its sole discretion, will determine when an event is canceled. If your event is canceled, you will be sent notice of the cancellation. If you return your tickets within 14 days after our notice was sent that the event is canceled, we will provide you with a credit for the purchase price (inclusive of the ticket price, service charges and delivery fees paid by you) for use on a future purchase (except we may, in our sole discretion and in lieu of a credit, choose to provide you with a cash refund of this amount). No credit or cash refund will be made unless you return your tickets within 14 days after our notice was sent that the event is canceled. If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 or a similar public health crisis, the entity putting on the event has announced a seating or attendee capacity reduction of greater than 15%, then, at our sole option, we reserve the right to cancel tickets for seating locations eliminated by the venue or to deem such event canceled in its entirety. In the event that we deem an event canceled in its entirety based on a reduction in capacity: (i) all outstanding orders for such event will be canceled; and (ii) the event will be reposted for sale with the adjusted capacity and known restrictions. Any buyers whose tickets have been canceled pursuant to this paragraph shall receive compensation for such cancellation as described above.
Delivery of Tickets. In most cases, tickets will be delivered by the method and timeframe designated in the ticket listing. Photo ID may be required to accept delivery. For listings with no designated delivery method, tickets typically will be shipped via UPS. Tickets may not ship out immediately. In all cases, we reserve the right to deliver tickets for any order as late as one (1) hour prior to the event. Valid delivery services on the day of the event may include, in our sole discretion, Will Call at the venue box office, email (when applicable), or courier or pick up at a location outside the venue designated by Vendor. Delivery designations, such as "e- Tickets" or "Instant Download", do not constitute guarantees of delivery any sooner than the day of the event. Typically, such tickets will be delivered as designated. However, in some cases, delivery may first require additional verification or be subject to delays on behalf of the Vendor. It is your responsibility to contact us if you do not receive your tickets within 48 hours before the event. Failure to do so may disqualify you from receiving a refund for any ticket you claim was not delivered, unless failure to receive notice is waived by us, in our sole discretion, or except as otherwise required by applicable law.
As a buyer, you grant Vendor permission to charge your credit or debit card for the purchase of tickets. Visa, Mastercard, Discover, American Express and PayPal are valid payment methods for purchasing tickets.
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 fines and legal or other expenses associated therewith. Further, if you violate any of the rules of the Venue and are removed from the Venue, your purchase of another ticket will not ensure entry to the Venue and you shall be liable for all costs, expenses and losses associated with such loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits. The Venue rules include: No pets, No illegal drugs, no smoking, no firearms, and no illegal activity.
We prohibit the use of this Website for any unlawful conduct. You agree to comply with all applicable local, state, federal and international laws, ordinances and regulations. Without limiting the foregoing, by using this Website, you agree not to use any false personal information or use an invalid or unauthorized credit or debit card and you agree not to use or permit anyone to use information provided through this Website for any unlawful or unauthorized purpose.
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 us. You agree to cooperate fully in such investigation, including, but not limited to, providing any and all information demanded by Vendor and/or Company. If either Vendor or Company finds, in its sole discretion, that 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 we are unable to authenticate or verify, we may take any action that either of us deems appropriate in its sole discretion, including, but not limited to, canceling orders, issuing a warning, blocking your access to this Website, preventing you from finalizing pending transactions, or exercising any other remedy available to us (including civil, criminal, injunctive or other equitable relief). 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 Vendor or Company believes, in its sole discretion, may in any way violate any applicable local, state, federal or international law.
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 us. You agree to cooperate fully in such investigation, including, but not limited to, providing any and all information demanded by Vendor and/or Company. If either Vendor or Company finds, in its sole discretion, that 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 we are unable to authenticate or verify, we may take any action that either of us deems appropriate in its sole discretion, including, but not limited to, canceling orders, issuing a warning, blocking your access to this Website, preventing you from finalizing pending transactions, or exercising any other remedy available to us (including civil, criminal, injunctive or other equitable relief). 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 Vendor or Company believes, in its sole discretion, may in any way violate any applicable local, state, federal or international law.
Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act, Company will respond to claims of copyright infringement committed using the Website and/or the Company's services. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify Company's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing ("Notice"): An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work in sufficient detail that you claim has been infringed; Identification of the allegedly infringing material including the specific location; The name of the intellectual property owner and contact information for the notifier, including name, address, telephone number, and email address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent: Attn: Legal Department Copyright Complaints P.O. Box 910712 St. George, Utah 84791 Please Note: This address is a mailing contact address only, and not the physical location for this website. If you have customer service questions please call 435-200-20121 or contact via the contact page. Upon receipt of the Notice, Company will take whatever action, in its sole discretion, it deems appropriate under the DMCA and other applicable intellectual property laws, including removal of the allegedly infringing content from the Website. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your complaint may not be effective. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the copyright agent for notice identified above in these Terms. Such counter- notification should be a written or electronic communication that includes all of the information contained in Section 512(c)(3) of the DMCA, as described above in these Terms.

19.1 License: This Website, including Vendor's ticketing platform and all

software, databases, trademarks, logos, service marks, content, proprietary

information and materials (and any intellectual property and other rights

relating thereto) (individually and collectively, "Our Property") on this

Website is owned or licensed by Company or Vendor, as applicable, and will

remain the property of the same and is protected by U.S. and international

copyright laws. We hereby grant you a limited, terminable, non-exclusive

right to access and use this Website to view tickets, to order tickets, and to

otherwise process your ticket transactions. You acknowledge and agree that

you do not acquire any ownership or licensing rights by using this Website.

19.2 Restrictions on Intellectual Property: You agree that you are only

authorized to visit, view and to retain a copy of pages of this Website for

your own personal use, and that you shall not duplicate, download, publish,

modify, or otherwise distribute the material on this Website for any purpose

other than to review event and promotional information, for personal use, or

to order tickets for your personal use, unless otherwise specifically

authorized by Company or Vendor to do so. You may not use any robot,

spider, scraper, offline reader, site search/retrieval application or other

manual or automatic device, tool or process to retrieve or in any way

reproduce, circumvent, or interfere with this Website or its contents. You

may not submit any software or other materials that contain any viruses,

worms, Trojan horses, defects, data bombs, time bombs, or other items of a

destructive nature. Your use of this Website is a privilege and Company and

Vendor each reserve the right to suspend or terminate that privilege for any

reason at any time, in our sole discretion. You may not use any of Our

Property in connection with any product or service that is not offered on this

Website or by Vendor or Company or Vendor in any manner that is likely to

cause confusion with respect to Vendor's or Company's business conducted

on this Website, as applicable, or in any manner that disparages this

Website, Company, or Vendor. Nothing contained on this Website should be

construed as granting, by implication, estoppel or otherwise, any license or

right to use any of Our Property without the express written permission of

the Company or Vendor, as applicable. The violation of any applicable

intellectual property laws or the unauthorized use of this Website or Our

Property in any form by any means without the specific consent of Company

or Vendor, as applicable, may give rise to civil and/or criminal penalties.

Company, Vendor, and our respective affiliates do not warrant or represent

that your use of Our Property will not infringe the rights of third parties.

19.3 Content: You may choose to make postings, such as testimonials,

customer reviews, comments, or other content ("Content") on this Website.

You retain whatever legal right, title, and interest that you may have in the

content that you post on the Website and you remain ultimately responsible

for it. However, you hereby grant to us a non-exclusive, unrestricted,

unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free

right and license to use any Content that you create or post in any manner,

as we see fit, including for advertising, marketing, or promotional purposes

and we may choose whether to attribute such Content to you when we use

  1. Any such Content that you choose to post on the Website, including

information about you such as your name or your photo or likeness, will be

publicly available for viewing and potential use by others.

  1. Indemnification. You agree to indemnify, defend and hold the

Company and Vendor, and each of their shareholders, officers, directors,

affiliates, licensors, suppliers, advertisers and sponsors, and their respective

employees, consultants, agents and other representatives (all such parties,

collectively the "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 this Website infringes or otherwise violates the

copyright, trademark, trade secret or other intellectual property or other

rights of any third party; (c) any federal, state, county or other local tax

obligation or amounts due or owing under any tax regulation, law, order or

decree or any dispute concerning the tax status of either Vendor or

Company; (d) your acts or omissions in connection with your use of this

Website; 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.

21.1 No Warranty: EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS,

THIS WEBSITE, THE MATERIALS ON THIS WEBSITE AND ANY TICKET OR

SERVICE OBTAINED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND

WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND

WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE

LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS

WEBSITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED

THROUGH USAGE OF TRADE. NEITHER COMPANY NOR VENDOR WARRANT

THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE

OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE

IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL

RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND YOUR

RELIANCE THEREON. NEITHER COMPANY NOR VENDOR IS RESPONSIBLE IN

ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES

TO ANY ENTITY ON YOUR BEHALF. YOU SHOULD USE YOUR BEST JUDGMENT

AND EXERCISE CAUTION WHERE APPROPRIATE.

21.2 Limitation of Liability: NEITHER VENDOR NOR COMPANY NOR ANY

OTHER INDEMNIFIED PARTY IS 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 THIS

WEBSITE, THE MATERIALS ON THIS WEBSITE OR ANY TICKET OR SERVICE

OBTAINED THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING,

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NONE OF VENDOR,

COMPANY OR ANY OTHER INDEMNIFIED PARTY SHALL HAVE ANY LIABILITY

OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER

USER OF THIS WEBSITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF

ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT,

RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE,

INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT,

OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF

VENDOR, COMPANY, OR THIS WEBSITE; (III) ANY UNAUTHORIZED ACCESS;

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM

THIS WEBSITE; (V) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER

ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR

 

THROUGH THIS WEBSITE BY ANY THIRD PARTY; (VI) ANY ERROR, MISTAKE,

INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR

DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY

MATERIALS AVAILABLE THROUGH THIS WEBSITE; AND/OR (VII) ANY LOST,

STOLEN OR DAMAGED TICKETS. NOTWITHSTANDING ANYTHING TO THE

CONTRARY IN THESE TERMS, YOU AGREE THAT IF VENDOR OR COMPANY

ARE FOUND TO BE LIABLE, COMPANY'S AND VENDOR'S AND THEIR

RESPECTIVE INDEMNIFIED PARTIES' LIABILITY TO YOU OR ANY THIRD

PARTY IS LIMITED TO THE GREATEST OF (A) ANY AMOUNTS DUE UNDER

THE 100% GUARANTEE, IF APPLICABLE, (B) THE AMOUNT OF SERVICE

CHARGES OR DELIVERY FEES IN DISPUTE NOT TO EXCEED THE TOTAL

SERVICE CHARGES AND DELIVERY FEES PAID BY YOU IN THE

TRANSACTION, OR (C) $100. SOME JURISDICTIONS DO NOT ALLOW THE

EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL

DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY

TO YOU.

In the event that you dispute a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, we have the right to seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings. We may also mitigate our damages by relisting and selling, as the case may be, the tickets that are the subject of the underlying payment dispute.

23.1 Arbitration and Waiver of Trial by Jury: You, on the one hand, and

Company and Vendor, 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 Website; (iii) Company's and Vendor

's services; or (iv) any tickets or other items viewed through this Website

shall be resolved exclusively through final and binding arbitration in Chicago,

Illinois, rather than in court. SPECIFICALLY, YOU HEREBY AGREE TO WAIVE

ALL RIGHTS AND CLAIMS TO A TRIAL BY JURY. The Federal Arbitration Act

governs the interpretation and enforcement of these Terms to arbitrate.

Customer satisfaction is our number one goal. To that end, we are

committed to resolving disputes with you in a fair and efficient manner. Prior

to commencing any arbitration related to this Agreement, you agree that if

you have a dispute with Company or Vendor, you must first contact Vendor's

Customer Service Department at 435-200-2012. If Vendor's Customer

Service Department is unable to achieve a satisfactory resolution, then you

must notify Company in writing of your claim, which notice must include a

reasonably detailed description of your claim, by certified mail to P.O. Box 910712, St. George, Utah 84791. (Please Note: This address is a

mailing contact address only, and not the physical location for this

website. If you have customer service questions please call 435-

200-2012 or contact via the contact page.) It is important that you

provide as much information as possible. A representative will respond

within thirty (30) days after receiving this notice. If the matter is not

resolved to your satisfaction, then you agree to begin arbitration by

submitting a Demand for Arbitration to the American Arbitration Association

("AAA"). You further agree that exclusive jurisdiction for any such arbitration

will be Chicago, Illinois. The Demand for Arbitration and the AAA's rules are

available at www.adr.org. The arbitrator, and not any federal, state, or local

court or agency, shall have exclusive authority to resolve any dispute arising

out of or relating to the interpretation, applicability, enforceability or of these

Terms, including, but not limited to, any claim that all or any part of this

agreement to arbitrate on these terms is void or voidable. The arbitrator will

decide the substance of all claims in accordance with the laws of the state of

Illinois. The arbitrator's award will be final and binding, and judgment on the

award rendered by the arbitrator may be entered in a court having

jurisdiction thereof.

23.2 Arbitration Rejection: 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 after

the date that you first accessed this Website. Your written

notification must include your name and address, as well as a clear

statement that you do not wish to resolve disputes with Company

and Vendor through arbitration. Written notification should be

mailed by certified mail to: P.O. Box 910712, St. George, Utah

  1. Please Note: This address is a mailing contact address only,

and not the physical location for this website. If you have customer

service questions please call 435-200-2012 or contact via the

contact page.

23.3 Class Action Waiver: YOU, ON THE ONE HAND, AND COMPANY

AND VENDOR, 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 COMPANY AND VENDOR 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

AND WE 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

WEBSITE USERS.

23.4 Arbitration Fees: Payment of all filing, administration and arbitrator

fees will be governed by the AAA's rules, unless otherwise stated in this

agreement to arbitrate. If the value of the relief sought is $10,000 or less, at

your request, Company and/or Vendor (whomever is the subject of the

arbitration) will pay all filing, administrative and arbitrator fees associated

with the arbitration. Any request for payment of fees by Company or Vendor

must be submitted by mail to the AAA along 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 Company and/or Vendor, as the case may be, for all fees

associated with the arbitration paid by Company and/or Vendor, as the case

may be.

We have the right, in our sole discretion, to

modify, suspend or discontinue any part of this Website at any time, with or

without notice, as applicable. Further, in our sole discretion, with or without

cause, and without prior notice, we may terminate your access to this

Website.

We shall not be deemed in default or otherwise liable

under these Terms due to our inability to perform our obligations by reason

of a Force Majeure Event.  For purposes of these Terms, "Force Majeure

Event" means any event or circumstance, whether or not foreseeable, that

was not caused by us or under our reasonable control, including without

limitation any act of God, government shutdown, fire, earthquake,

substantial snowstorm, flood, epidemic, pandemic, 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.

You are responsible for paying any sales taxes that may be

applicable on your transactions effected through this Website.

These Terms, the use of this Website, including

Vendor's ticketing platform, and any sale of tickets hereunder will be

governed by the laws of the State of Illinois, without reference to conflict of

law principles. These Terms contain 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. No agency, partnership, joint venture or other

relationship is intended or created by your use of this Website. 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.

Messaging Terms & Conditions

Boots & Bikinis Country Music | Boots & Bikinis County Music Festival | 646 E Pne St Washington UT US 84780

General

When you opt-in to the service, we will send you a message to confirm your signup.

By opting into messages, you agree to receive recurring automated marketing and informational text messages from Boots & Bikinis County Music Festival for Boots & Bikinis Country Music. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.

Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with Boots & Bikinis Country Music. Boots & Bikinis County Music Festival reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Boots & Bikinis County Music Festival also reserves the right to change the short code or phone number where messages are sent.

Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.

Your consent to receive marketing messages is not a condition of purchase.

Carriers

Carriers are not liable for delayed or undelivered messages.

Cancellation

You can cancel any time by texting "STOP". After you send the SMS message "STOP", we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Boots & Bikinis County Music Festival again, just sign up as you did the first time and Boots & Bikinis County Music Festival will start sending messages to you again.

Info

Text "HELP" at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at connect@bootsandbikinis.com.

Transfer of Number

You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at connect@bootsandbikinis.com. The duty to inform us based on the above events is a condition of using this service to receive messages.

Privacy

If you have any questions about your data or our privacy practices, please visit our SMS privacy policy.

Messaging Terms Changes

We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes

BOOTS & BIKINIS COUNTRY MUSIC FESTIVAL (Boots & Bikinis, LLC) is committed to protecting your privacy.

This Privacy Policy (the “Policy”) governs how we treat the Personal Information that we collect and receive from you in connection with your use of the SMS Service (“Service”), which we make available to you through a third-party service provider. This Policy is incorporated into the Terms of Service.

By using the Service, you agree to the terms of this Policy. BOOTS & BIKINIS, LLC reserves the right, in its sole discretion, to modify or change this Policy at any time with or without prior notice to you. The date of the last update will be posted at the top of this Policy for your convenience. This Policy, and any changes, are effective as soon as posted. Your continued use of the Service following the posting of any changes to the Policy constitutes your full acceptance of those changes.

“Personal Information” is information that individually identifies you, such as your mobile phone number or user/screen name, as well as the any Personal Information that you choose to include in messages you send through the Service.

WHAT PERSONAL INFORMATION IS COLLECTED ABOUT YOU:

Through the use of the Service, BOOTS & BIKINIS, LLC will receive the following information from our third party service provider: your mobile phone number when you send a text message to us, the text of messages that you send to other users of the Service, any user or screen name that you select in connection with the Service, as well as any comments or feedback regarding the Service that you send to us.

HOW BOOTS & BIKINIS, LLC USES PERSONAL INFORMATION ABOUT YOU:

We use Personal Information to (a) provide you with the Service, (b) process and respond to inquiries, (c) improve the Service, (d) if necessary, contact you with important announcements or messages, (e) conduct research, and (f) provide anonymous reporting for internal and external clients and partners.

Each message that you send through the Service (either to us or to other users of the Service) is stored on our servers. We retain these messages on our servers. BOOTS & BIKINIS, LLC utilizes servers and services owned by third parties.

DISCLOSURE OF YOUR INFORMATION:

We will not rent or sell your Personal Information to other companies or individuals, unless we have your consent. We may use or disclose such information in any of the following limited circumstances:

We have your consent.

We need to enforce our Terms of Service.

We provide such information to trusted businesses or persons for the sole purpose of processing Personal Information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Policy and appropriate confidentiality and security measures. If the third party fails to comply with our terms, BOOTS & BIKINIS, LLC is not accountable in any way for any liability or reimbursement.

We provide such information to third parties who have entered into non-disclosure agreements with us.

We provide such information to a company controlled by, or under common control with, BOOTS & BIKINIS, LLC for any purpose permitted by this Policy.

We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights, or the legal rights of others, or defend against legal claims.

We believe it is necessary to share Personal Information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of BOOTS & BIKINIS, LLC ’s Terms of Service, or as otherwise required by law.

We transfer Personal Information about you if BOOTS & BIKINIS, LLC is, or its assets are, acquired by or merged with another company.

We may share aggregated information with others without further notice. An example of this would be the number of people who used the Service in a given month or the total number of texts sent in a given week.

SECURITY:

BOOTS & BIKINIS, LLC takes precautions to ensure the security of your Personal Information, including ensuring that our third party service providers protect the security of your Personal Information. However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your Personal Information despite our efforts. You should note that in using the Service, your information will travel through third party infrastructures which are not under our control (such as a third party SMS delivery platform or your carrier network).

We cannot protect, nor does this Policy apply to, any information that you transmit to other users. You should never transmit personal or identifying information to other users.

OPTING IN:

A mobile user might opt-in by:

Entering a phone number online,

Sending an Mobile Originating (MO) message containing an advertising keyword,

Filling out a paper form that includes their phone number, or

Signing up at a point-of-sale location.

OPTING OUT:

BOOTS & BIKINIS, LLC ’s third-party service provider gives you the ability to opt out of the Service for any reason. You can opt out by texting “STOP” or “QUIT” to 61364.

We reserve the right to send you certain communications relating to the Service, such as announcements and administrative messages, without offering you the opportunity to opt-out of receiving them.

CHILDREN:

The Service is not intended for children under 13, and BOOTS & BIKINIS, LLC does not knowingly collect information from children under the age of 13.

Children aged 13 or older should not submit any Personal Information without the permission of their parents or guardians. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the service.

INTENDED AUDIENCES:

BOOTS & BIKINIS, LLC requires that users of this service be limited to US residents only.

QUESTIONS OR CONCERNS:

If you have any additional questions regarding this Policy, please feel free to contact us any time by replying “HELP” or by visiting our Contact Us page

Event Dates and Times Subject to Change. 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 the entity putting on the event may require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond our control. You agree that we will not be liable or responsible for any such change and will not be obligated to provide a credit or any other compensation in the event such a change occurs.