Effective as of May 5, 2016
1. Transaction Information; Revocable License; Refusal of Admission
Any and all documents issued to you are non–transferable, and may NOT be used for advertising, promotions, contests, sweepstakes or any commercial purpose, without the express written permission of LCP. Such documents may also be subject to conditions such as, but not limited to, being non–refundable, non–date–changeable and subject to cancellation or amendment fees. It is your responsibility to familiarize yourself with these terms and conditions. Resale and/or transfer of such documents is prohibited and any such resale and/or transfer is void to the maximum extent allowed by applicable laws. Any such unauthorized resale and/or transfer may result in cancellation of the document and/or refusal of entry to the holder hereof without refund. Tickets/documents not obtained directly from LCP may be lost, stolen, counterfeit or invalid and will be void and holder assumes all risks of purchasing a ticket other than directly from LCP, including being excluded from the event without refund. In the event that prohibition on resale and/or transfer of the ticket is prohibited by applicable laws, maximum resale restrictions may apply. Reproduction or counterfeiting of this ticket is prohibited.
The details of the prices, packages, tours, events and other information displayed on the LCP Website or a Third Party’s website are subject to change without notice. The goods, products and services described on the LCP Website are subject to availability. Any package, ticket or other good, product or service purchased from LCP and/or via the LCP Website is a revocable license for the applicable period. Once you have commenced use of any LCP product and/or service, or any portion thereof, LCP reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from any applicable facility or event, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with this Policy, the rules of an applicable Third Party, and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by LCP or the applicable Third Party as disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, or out of compliance with this Policy or the applicable Third Party’s terms, conditions, rules or policies (all of the above in this sentence, collectively, “Removal Behavior”). Notwithstanding the foregoing, if LCP determines, in its sole and absolute discretion, that prior to your use and/or purchase of any LCP product and/or service, you engage in or are reasonably likely to engage in any Removal Behavior, LCP shall have the right to refund to you any monies paid from you to LCP related to the product and/or service in question and, without any other compensation to you, cancel all of your purchases made from LCP and/or via the LCP Website (including purchases made for others) and/or refuse to begin any applicable services or provide any applicable goods. In addition, LCP reserves the right to refuse to complete a transaction, refuse service, and/or cancel an order for reasons such as suspected credit card fraud, violation of the terms of the Purchase Policy, ticket limits, or any other reason deemed necessary by LCP.
2. Refunds and Exchanges
ALL SALES ARE FINAL AND NON-TRANSFERABLE, NO RESALE, NOT REDEEMABLE FOR CASH, NO REFUNDS, NO EXCHANGES. Without limiting the foregoing, requests for refunds and/or exchanges may be determined on a case by case basis, and will be issued at the sole discretion of LCP. Before purchasing tickets, carefully review your event and your selections. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Upon purchase, you agree that the credit card that you have on file with us will be charged. Without limiting the generality of the foregoing, you will not seek a “chargeback” from the company whose credit card you used to purchase tickets. Should you do so, your tickets may be canceled, and we may, in our sole discretion, refuse to honor pending and future ticket purchases.
3. Third Parties
The LCP Website and other LCP documents display information about events, tours, rates, services, packages, transportation, currency, schedules, various forms of entertainment and many other things and amenities. Much of this information is supplied to us by Third Parties and we cannot check the accuracy of such information. Many of the goods and/or services which make up your purchase may be provided by Third Parties in accordance with their own terms and conditions which may limit or exclude such Third Party’s liability to you. You understand that any violation of any Third Party’s terms and conditions may result in cancellation of your reservation, in your being denied access to the applicable product or services, in your forfeiting any monies paid for such reservation/event, and/or in our debiting your account for any costs we incur as a result of such violation. LCP’s display of product options offered by Third Parties does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of such Third Party or its goods or services by LCP. You agree that LCP is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Third Parties. YOUR INTERACTION WITH ANY THIRD PARTY ACCESSED THROUGH THE LCP WEBSITE OR OTHERWISE IN CONNECTION WITH A LCP OFFERING IS AT YOUR OWN RISK, AND LCP WILL HAVE NO LIABILITY WITH RESPECT TO THE ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE, GOODS, SERVICES, PERSONNEL AND/OR FACILITIES OF ANY SUCH THIRD PARTY OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM YOUR INTERACTIONS WITH ANY THIRD PARTY. WE ACCEPT NO RESPONSIBILITY FOR INFORMATION SUPPLIED TO US BY THIRD PARTIES AND WE RECOMMEND YOU CONFIRM ALL INFORMATION CONTAINED ON OR LINKED FROM THE LCP WEBSITE WITH THE APPLICABLE THIRD PARTY. If for any reason, any Third Party cancels or is otherwise unable to provide the goods and/or services that are included in a LCP offering that you have purchased, in whole or in part, your remedy, if any, lies against that Third Party, and not against LCP. In the event we received payment by credit or debit card, you agree that you will not seek to chargeback or recover your payment or any other losses from us.
4. Cancellations, Postponements and Refunds
UNFORTUNATELY, ON OCCASION EVENTS ARE CANCELLED, IN WHOLE OR IN PART, RAINED OUT, POSTPONED OR RESCHEDULED OR CERTAIN AMENITIES OR ASPECTS OF WHATEVER GOOD, PRODUCT AND/OR SERVICE APPLICABLE TO YOUR TRANSACTION MAY BE CANCELLED OR ALTERED FOR ANY OR NO REASON. SHOULD THIS OCCUR, WE MAY ATTEMPT TO CONTACT YOU REGARDING APPLICABLE PROCEDURES, BUT IT IS ULTIMATELY YOUR RESPONSIBILITY TO CONTACT THE APPROPRIATE THIRD PARTY FOR EXACT INSTRUCTIONS, AND LCP SHALL NOT BE LIABLE FOR ANY SUCH CANCELLATIONS, RAIN OUTS, POSTPONEMENTS, RESCHEDULES OR ANY OTHER CHANGES TO THE GOOD, PRODUCT AND/OR SERVICE IN CONNECTION WITH YOUR TRANSACTION, AND YOUR SOLE REMEDY SHALL BE WITH THE APPLICABLE THIRD PARTY. WITHOUT LIMITING THE FOREGOING, IF A THIRD PARTY EVENT IS CANCELLED, IN WHOLE OR IN PART, RAINED OUT, POSTPONED OR RESCHEDULED, AND TICKETS/PASSES TO SUCH EVENT WERE INCLUDED IN A GOOD/SERVICE PURCHASED BY YOU FROM LCP, THEN LCP WILL MAKE REASONABLE EFFORTS TO CAUSE THE APPLICABLE THIRD PARTY TO ISSUE A REFUND FOR THE VALUE OF SUCH TICKETS/PASSES IF POSSIBLE. WITHOUT LIMITING ANYTHING SET FORTH HEREIN OR ANY OTHER RIGHTS OF LCP, IF THE ELEMENT, AMENITY OR OFFERING IS CONTROLLED SOLELY AND DIRECTLY BY LCP, THEN, EXCEPT AS REQUIRED OR SUGGESTED BY APPLICABLE AUTHORITY OR LAW, WE HAVE THE SOLE AND ABSOLUTE DISCRETION IN MAKING THE FINAL DETERMINATION OF CANCELLATION, DISCONTINUATION, POSTPONEMENT, RESCHEDULING AND/OR REFUND AVAILABILITY.
5. Order Confirmation
If you do not receive a confirmation number (in the form of a confirmation web page or e-mail) after submitting payment information, or if you receive an error message or service interruption after submitting payment information, it is your responsibility to confirm with LCP, the ticketing company or other appropriate Third Party whether or not your order has been placed and transaction was a success. Most likely, you will be the only one aware of any problems that occur during the purchase process, so it is on you to solve them. LCP will not be responsible or liable for any losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
6. Additional Representations and Warranties
YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE. IF YOU ARE NOT AT LEAST TWENTY-ONE (21) YEARS OF AGE, PLEASE DO NOT PROVIDE US WITH ANY INFORMATION ABOUT YOURSELF, DO NOT PURCHASE ANY LCP-RELATED GOOD, EVENT AND/OR SERVICE, AND DO NOT ENTER INTO ANY LCP-RELATED TRANSACTION.
Without limiting anything set forth in this Policy, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with the event(s) and/or activities corresponding to your transactions with LCP, a Third Party and/or via the LCP Website; (b) you are of sufficient legal age and authority to enter into any transaction with LCP, the applicable Third Party and/or via the LCP Website, as well as to participate in the corresponding event or activity, and create legal binding obligations for any liability you may incur as a result of entering into this Policy; (c) you are an authorized user of the credit or debit card used enter into any transaction with LCP and/or via the LCP Website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by any applicable Third Party; (e) you have obtained any and all passports, visas, health information and/or other permission necessary in connection with your transaction via LCP and/or the LCP Website; and (f) you will not attempt to charge back your purchase with your bank or credit card company or any other applicable third party.
LCP DOES NOT SELL OR DISTRIBUTE CANNABIS OR CANNABIS RELATED PRODUCTS. LCP IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD PARTIES THAT SELL OR DISTRIBUTE CANNABIS OR CANNABIS RELATED PRODUCTS TO YOU, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM, MORE SPECIFICALLY, RESULTING FROM YOUR PURCHASE OR USE OF CANNABIS AND/OR CANNABIS RELATED PRODUCTS
ALL THIRD PARTY ITEMS AND LCP PRODUCTS, GOODS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LCP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
You acknowledge and agree that by purchasing a LCP good and/or service and/or attending a corresponding event and/or using any corresponding Third Party Item or other amenity, you may be engaging in activities that may involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions or negligence of a Third Party, and participants, volunteers and spectators at a corresponding event; (b) conditions of any premises or equipment used; (c) temperature and/or weather; (d) condition of other participants or guests; (e) vehicular traffic; and (f) other risks that are not known or foreseeable at this time.
ALL THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF LCP. LCP IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. LCP HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
8. Release and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER LCP NOR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) WILL BE LIABLE FOR, AND YOU HEREBY RELEASE THE RELEASEES FROM AND AGREE NOT TO SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS, PACKAGES, AMENITIES, EVENT EXPERIENCES, FACILITIES OR OTHER PRODUCTS, GOODS AND/OR SERVICES OFFERED BY LCP, A THIRD PARTY AND/OR THROUGH THE LCP WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY, BODILY INJURY, AND CLAIMS OF THIRD PARTIES (EVEN IF LCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO LCP FOR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES.
I am advised that the use of cannabis may affect my coordination and cognition in ways that could impair my ability to drive, operate machinery, or engage in potentially hazardous activities. I assume full responsibility for any harm resulting to me and/or other individuals as a result of my use of cannabis, and HEREBY RELEASE THE RELEASEES FROM AND AGREE NOT TO SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH MY USE OF CANNABIS. I am advised that familiarity with the potency and effects of any particular cannabis should precede my engagement in any USE OF CANNABIS. THE DECISION TO INHALE AND/OR INGEST CANNABIS OR A CANNABIS RELATED PRODUCT IS YOURS AND YOURS ALONE, AND YOU ARE ULTIMATELY RESPONSIBLE FOR YOUR OWN ACTIONS.
9. Suitability of Products and Services
We do not represent that any products and/or services offered by LCP or any Third Party will be suitable for you. Without limiting anything else set forth in this Policy, you release LCP from any claims in relation to the products and/or services described on the LCP Website, including, but not limited to, claims that the products and/or services, including Third Party Items, are not suitable. Third Parties are independent parties over which we have no control. The information and description given about the Third Parties and their products and/or services are based on our inquiries and are believed to be accurate, but we cannot guarantee in respect thereof.
10. Publicity Release
By making any LCP-affiliated transaction contemplated by this Policy and/or attending any LCP-related event, you hereby irrevocably grant to LCP and its designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with future LCP-affiliated events, and hereby release LCP and its designees, successors, assigns and licensees from any liability with respect thereto.
You agree to defend, indemnify and hold harmless the Releasees from and against any and all liabilities, claims, damages, costs and expenses, including attorneys’ fees, arising out of, related to or in connection with (a) your use of the LCP Websites, (b) any of your actions and omissions, including, without limitation, your negligence and intentional misconduct, in connection with your attendance at any LCP-affiliated event, your use or misuse of any LCP or Third Party good and/or service, and/or any other relationship of yours or interaction with LCP and/or any applicable Third Party, and/or (c) your violation or breach, or alleged violation or breach, of this Policy, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein.
12. Governing Law, Disputes, Including Mandatory Arbitration and Class Action Waiver
Any dispute or claim relating in any way to the products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply;
- In the event that the arbitration agreement in this Policy is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Philadelphia County, Pennsylvania, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in this Policy is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of this Policy. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow this Policy as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: CID Colorado, LLC, 1490 Lafayette St, Suite 202, Denver, CO 80218, Attn: Legal. You may download the forms located at http://www.jamsadr.com. The arbitration will be Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in Denver, Colorado. In the event that the location of the Arbitration (Denver County, CO) is for any reason held to be unenforceable, the Arbitration shall take place in person in the county where you live or at another mutually agreed location.
We each 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. BY MAKING YOUR PURCHASE, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. If any provision of this Purchase Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Purchase Policy and shall not affect the validity and enforceability of any remaining provisions.
Nothing contained in this Policy will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights, if any, or obligations under this Policy. LCP may assign its rights and duties under this Policy without such assignment being considered a change to the Policy and without notice to you. The terms and conditions set forth in this Policy represent the entire understanding and agreement between you and LCP relating to the precise subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by LCP. Any waiver of any provision of these terms must be in writing signed by LCP to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.