Information You Provide to Us:
We collect information about you directly from you and from third parties, as well as automatically through your use of our Site. LAAB has implemented technical and organizational measures with respect to processing Personal Information from European Union individuals for purposes of the EU General Data Protection Regulation (“GDPR”). Upon request, we will provide you with information as to whether and what Personal Information we store in relation to you. Should your Personal Information be incorrect, you may request to have it rectified. You may also revoke your consent to use your Personal Information in the future, in whole or in part, or request deletion of your Personal Information.
In addition, we may also collect non-personally identifiable information, such as IP addresses (which identify your device), pages viewed, computer type, screen resolution, operating system version, Internet browser type and version, information collected through cookies, pixel tags, web beacons, and other technologies, and other data (“Non-Personal Information”). Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose. Non-Personal Information will be retained only for so long as to fulfill a legitimate business need.
We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area (“Aggregate Information”). In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined, and may aggregate any information collected in a manner which does not identify any individual.
We do not collect any types of Sensitive Data from our users. Types of Sensitive Data includes any personally identifiable information pertaining to: health, race or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic or biometric data, and sex life or sexual orientation. Please immediately notify us if you have accidentally submitted any Sensitive Data and we shall promptly remove such information.
Information from Other Sources:
In order to improve our Services or marketing efforts, we may collect information about you from third party sources. The information may include demographic information, psychographic information, and geographic location-based information. These third-party sources may include public record databases‚ marketing data providers‚ data sharing cooperatives‚ and others.
Automatically Collected Information:
When you visit our Site, read our emails or interact with our Service Providers, we may collect certain types of technology-specific information from you. This information will help us optimize your visit and track the performance of our marketing efforts.
Use of Your Information:
LAAB will primarily use your Personal Information to provide our products and services, and to complete core business functions such as authentication, order fulfillment‚ internal business processes‚ marketing‚ loss and fraud prevention‚ and legal functions. If you have any questions about which features you can use on which platform, please feel free to contact us at email@example.com. Currently, we use your information for the following purposes:
Investigate and prevent fraud and other illegal activities.
Provide, maintain, and improve LAAB and our overall business.
To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes.
To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.
To improve our promotional and fundraising efforts
To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and respond to user desires and preferences, and for other research and analytical purposes.
In addition to the uses outlined above, by using LAAB, you agree to allow us to anonymously use the information from you and your experiences to improve the LAAB experience. This research may be published in our blogs or on social media. However, all of your responses will be kept anonymous, and we assure you that no Personal Information will be published.
How We Share Your Information:
We may share your information, including Personal Information, as follows:
Service Providers. We will not sell, trade, or rent your Personal Information to others. However, we do provide some of our services through contractual arrangements made with affiliates, service providers, partners and other third parties ("Service Providers"). Currently our only Service Provider is Splash, who processes our payment, stores user data and allows for customer feedback. We and our Service Partners may need to use some Personal Information in order to perform tasks between our Sites or to deliver services to you.
We may also share information in the following circumstances:
Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, research or similar purposes.
We may also disclose information about you that is not Personal Information. For example, we may provide merchants, business partners, or other third parties with reports that contain aggregated and statistical data about our users.
CAN-SPAM Act and Opting Out of Emails:
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to:
Send information, respond to inquiries, and/or other requests or questions.
We may also send you additional information related to your account or our Services.
Market to our mailing list or continue to send emails to our clients after an account has been created.
To be in accordance with CAN-SPAM we agree to the following:
NOT use false, or misleading subjects or email addresses
Identify the message as an advertisement in some reasonable way
Include the physical address of our business or site headquarters
Monitor third party email marketing services for compliance.
Honor opt-out/unsubscribe requests quickly
Allow users to unsubscribe by using the link at the bottom of each email
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. Even if you opt-out, we may still communicate with you about your account or any Services you receive from us.
WHAT ARE THE DIFFERENT TYPES OF COOKIES AND HOW DO WE USE THEM?
Essential: These are cookies which are essential for the running of our Site. Without these cookies, parts of our Site would not function. These cookies do not track where you have been on the internet and do not gather information about you that could be used for marketing purposes.
Examples of how we may use essential Cookies include:
Setting unique identifiers for each unique visitor, so that user numbers can be analyzed.
Functional: These cookies are used to remember your preferences and login information on our Site and to provide enhanced, more personal features. The information collected by these cookies is usually anonymized, so we cannot identify you personally. Functional cookies do not track your internet usage or gather information which could be used for selling advertising.
Examples of how we may use functional Cookies include:
Gathering data about visits to our Site, including numbers of visitors and visits, length of time spent on the Site, or where visitors have come from.
Eliminating the need for returning users to re-enter their login details.
Third Party Cookies: You may notice on some pages of our Site that cookies have been set that are not related to us. When you visit a page with content embedded from these third-party service providers may set their own cookies on your mobile device. We do not control the use of these third-party cookies and cannot access them due to the way that cookies work, as cookies can only be accessed by the party who originally set them. Please check the third-party websites or mobile applications for more information about these cookies.
Disabling Cookies: Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you choose to refuse, disable, or delete cookies, some of the functionality of our Site may no longer be available to you. Without this information, we are not able to provide you with all the requested services, and any differences in services are related to your information.
Some browsers transmit “do-not-track” signals to websites. Because of differences in how browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
Clear GIFs, pixel tags and other technologies: Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site and Services to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Site. We may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Site and our Services. Any collection or use of clickstream data will be anonymous and aggregate, and will not intentionally contain any Personal Information.
Certain features on our Site may give you an opportunity to interact with us and others. When you use these features you should be aware that any information you submit, including your name, location and e-mail address, may be viewable by others. We are not responsible for any information you choose to submit through these interactive features and we strongly discourage you from disclosing any sensitive Personal Information (such as health or credit card information) through these features. If you use these features, your Personal Information may remain on the Site even after you cease use of the Site.
Our Site may contain links to other websites not maintained by LAAB. Other websites may also reference or link to our Site. The inclusion of a link on the Site does not imply endorsement of the linked site by us. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with our Site, or for the privacy practices of third-party Internet advertising companies. We encourage you to be aware when you leave our Site, or surf the Internet, and to read the privacy statements of each and every website that you visit.
To protect your Personal Information, we take reasonable precautions and follow industry standard SSL/TLS end-to-end encryption of data in transit to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your financial or any other Personal Information, the information is encrypted using industry standard protections in our database. No payment information is ever stored on our Site or internal database, as it is solely processed through third parties and is only temporarily stored during the processing of payment. All other information we collect may be stored in perpetuity through Splash, unless we receive a request by you to remove such information or you unsubscribe from our mailing list.
Although we have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, please be aware that despite our best efforts, no data security measures can guarantee 100% security.
Privacy of Minors:
We do not intentionally collect or maintain information from persons under the age of 13. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records. We also recommend that parents monitor their children’s Internet activities and learn and employ software or other tools that can help their children enjoy their online experience without compromising their personal safety or allowing them to use the Internet in a manner inconsistent with their parent/guardian’s preferences.
Notice to Non-U.S. Users:
As the Internet is a global environment, collecting and processing Personal Information may involve the transmission of this data internationally, including into and/or outside of the United States. Therefore, by communicating electronically with us, you acknowledge and agree to your personal data being processed in this way.
If you reside in the European Union, you have certain rights under the European Data Protection Regulation (“GDPR”), including:
The right to be informed of the Personal Information we collect and how we process and use that data;
The right to request access to your Personal Information;
The right to request that inaccurate Personal Information be rectified, or completed if incomplete;
The right to request erasure of your Personal Information;
The right to restrict our processing or use of your Personal Information;
The right to obtain and reuse your Personal Information for your own purposes;
The right to object to our processing or transferring your Personal Information;
The right to withdraw your consent for us to use your Personal Information; and
The right to lodge a complaint with a supervisory authority under the GDPR.
In response to receiving a request for one of the rights set forth above, LAAB will timely comply with the request within the time periods set forth in the GDPR for each right. Several of the above rights are not absolute and apply only in certain circumstances. The LAAB will comply with requests for those rights as set forth in the GDPR. We are intent on resolving any issues relating to our handling of your Personal Information, and you may contact us at any time regarding any questions or concerns.
California Privacy Rights:
The California Consumer Privacy Act (CCPA) provides consumers who are residents of the State of California with specific rights related to their Personal Information, subject to certain exceptions. It also requires us to disclose the information we collect, the purposes for which we collect it, and what we share and disclose.
California Civil Code § 1798.83, also known as the "Shine the Light" law, provides California residents with the right to request, once per year, without charge, information from website operators and owners regarding the Personal Information that they collect online and offline, if any, and the third parties, including affiliates, with which they have shared this information during the preceding calendar year, for the direct marketing purposes of the third party. If such information is collected and shared with third parties for their direct marketing purposes, the website operator or owner is required, upon request, to provide the list of categories of Personal Information they collect, if any, and the names and addresses of all third parties with which it has shared such information for direct marketing purposes.
A website operator or owner may meet its obligations, and be exempt from such disclosures, under the Shine the Light law, if it provides California residents the right to opt-out of, and thereby prohibit, the website operator or owner from sharing such Personal Information with third parties including its affiliates, for the direct marketing purposes of the third party.
California residents may have further rights related to the handling of their Personal Information under the California Consumer Privacy Act. While LAAB does not "sell" your Personal Information in the traditional sense, it may share your information with third parties. California residents may have certain rights related to this information, including the right to ask that we "Do Not Sell Your Personal Information," the right to ask that we Delete your Personal Information, or the right to request access to the categories or specific pieces of Personal Information we have collected about you. California residents also have the right to not be treated differently by LAAB in response to your decision to exercise any of these rights.
To learn more about these rights, to opt-out of our sharing of your Personal Information, and to exercise other rights that apply, please contact LAAB by emailing us at firstname.lastname@example.org. As part of your request, we may ask for certain information including your name and account information, or the manner in which you have previously interacted with LAAB. We will use this information only to contact you about your request and to verify your request. You may also designate an authorized agent to submit a request on your behalf.
Information for Nevada Consumers:
Nevada law requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. This information is limited to direct identifiers, such as your name, postal address, and email address. When Nevada consumers opt out of the sale of their information, website operators must ensure that the information is not sold to another business that will further license or sell the information to others.
If you are a Nevada resident and you would like to opt out of any possible sale of this information, please email us at email@example.com. For all requests, you must put the statement “Your Nevada Privacy Rights” in the subject field of your request. You must also include your full name, street address, city, state, and zip code. We will not accept requests via telephone, postal mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information
Acceptance Of Terms
Your access to and use of the Site is subject exclusively to these Terms. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site, you are fully accepting the terms, conditions and disclaimers contained in these Terms. If you do not accept these Terms you must immediately stop using the Site.
The Site is not available to children under 13 years of age or customers who have had their access temporarily or permanently deactivated. In order to make a purchase, a parent or guardian of at least 18 years of age must be present. You represent and warrant that you are at least 13 years old, or older where applicable, and that you have the right, authority and capacity to enter into and abide by the terms of these Terms.
All services, data, text, images, logos, photographs, advertisements, graphics, press releases, audio, video, documents, trademarks, copyrights and other information and content available on or through the Site (“Content”), is the property of LAAB or its licensors.
Unless otherwise noted all materials, including products, images, illustrations, designs, icons, photographs, sounds, video clips, written, and other materials that appear as part of this site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by LAAB. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by LAAB, and you acknowledge and agree that we retain all right, title and interest in and to the Content.
Except as expressly authorized by these Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of LAAB or the respective copyright/trademark owner. LAAB authorizes you only to view, not download (except that you may print out a copy of the Content solely for your personal use), these copyright and trademark materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original versions of said materials. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the content except as expressly provided in these Terms violates LAAB’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
You agree that you will not: (1) use the Content in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Content other than in accordance with the terms, conditions and restrictions herein; (2) take any other action that would jeopardize or impair LAAB’s rights as owner of the Content or the legality and/or enforceability of the Content, including, challenging or opposing LAAB’s ownership in the Content; (3) apply for trademark registration or renewal of trademark registration of any of the Content, any derivative of the Content, any combination of the Content and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Content; (4) use the Content on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
LAAB takes no responsibility and assumes no liability for anything sent to us through the Site, or for any loss or damage resulting therefrom, nor is LAAB liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter when using the Site. Your use of the Site is at your own risk. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. LAAB reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LAAB's sole discretion.
Errors and Inaccuracies
We always strive to provide complete, accurate, up-to-date information on our Site. Unfortunately, despite those efforts, human or technological errors may occur. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing, specifications, availability, and service descriptions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your payment method charged, and to change or update information at any time without prior notice. If your selected payment method has been charged and we cancel your order, we will issue the credit back to your applicable payment method. Individual bank or other payment processing policies dictate when this amount is credited to your account.
Return and Exchange Policy
At the time of booking, customers must pay the full amount of the ticket. If for any reason, LAAB cannot confirm the booking due to lack of availability, the customer will be refunded in full to the original payment method. Please allow 5-10 business days for the refund to appear in your account or as a credit on your credit card. In the event customer needs to reschedule the date of a specific ticket, LAAB will work with you to find a new suitable date, so long as there is availability.
Once a purchase has been made, no refunds or exchanges will be provided under any circumstances, aside from what is explicitly outlined in this section.
Although availability may be indicated on our Site, we cannot guarantee event or ticket availability. We reserve the right, without liability or prior notice, to revise, discontinue or cease to make available any or all items offered for sale.
The Site may contain forums, bulletin board services, message boards, news groups, communities, and/or other message or communication facilities designed to allow you to communicate with the internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that is proper and related to the particular communication service.
Among other actions, you agree that you will not post, send, submit, publish, or transmit in connection with this Site any material that:
you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this Site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content;
harvests or otherwise collects information about others, including e-mail addresses, without their consent;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
falsifies or deletes any author attributions, legal or other proper notices or proprietary designations;
use, display, mirror or frame the Site or any individual element within the Site, our name, any LAAB Content, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
use any means to scrape or crawl any webpages or Content contained in the Site;
attempt to circumvent any technological measure implemented by LAAB or any of LAAB’s service providers or any other third party (including another user) to protect the Site; to the extent permitted by applicable law, attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site; or
advocate, encourage, or assist any third party in doing any of the foregoing.
LABB reserves the rights to monitor use of this Site to determine compliance with the Terms, as well as the right to remove or refuse any information for any reason. LABB reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. LABB also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulations, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion.
Accuracy of Billing Information
If you choose to purchase tickets or make a donation through the Site, you will need to provide us with your name, payment information, billing address, email and phone number. You agree that the information you provide to us at all times, including during mailing list registration and any other information you provide through the Site will be true, accurate, current, and complete. You agree to promptly update any outdated information on the Site. You shall be solely responsible for any and all purchases on the Site using your personal and/or billing information. LAAB reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Services. In no event and under no circumstances shall LAAB be held liable to you for any liabilities or damages resulting from or arising out of your use of the Services or your release of personal information to a third party.
We will use your donation at our discretion but within our stated charitable objectives.
Once you confirm to us through the Site that you wish to proceed with your donation your transaction will be processed through our payment services provider, Splash System. By confirming that you wish to proceed with your donation you authorize us and Splash System to request funds from your credit or debit card provider. You may not cancel a donation once your payment has been processed. We are not liable for any overdraft charges, or any other similar penalties charged to your credit or debit card due to the automatic charge of any donation.
Tax Deductions and Receipts:
When you make a donation, you will receive a receipt from us for the amount of your donation. In some cases, donations made will be tax deductible, but in other cases the donation may not be tax deductible. It is also your responsibility to determine whether any perks received in exchange for your donation will prevent you from claiming your donation as a tax deduction.
In exchange for being allowed to use the Site, you agree that we will not be liable for any unpaid tax, interest, fines, penalties or any other claims against you in relation to the tax deductibility of your donation. You also agree to indemnify us against any claim made against us in relation to the tax deductibility of your donation.
Disclaimers And Limitation Of Liability
The following disclaimers are made on behalf of LAAB, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, contractors, agents, and shareholders.
All Site Content, including without limitation, any products, services, advice, recommendation or opinion, offer or coupon, or other information provided on or through the Site is for informational purposes only, and should not be construed to indicate that any such Content is endorsed by LAAB, nor is there any representation or warranty by LAAB that the Content is reliable, accurate, timely, complete, effective, or safe for your use. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
THE SITE AND ALL CONTENT ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LAAB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, LAAB MAKES NO WARRANTY THAT: (A) THE SITE, WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS OR SERVICES THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD-PARTY SITE. LAAB SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD-PARTY SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.
IN NO EVENT WILL LAAB, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “LAAB” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SITE, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SITE, A PURCHASE OF GOODS OR SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You will defend, indemnify, and hold LAAB including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Site and participation in the Services, including: (1) your breach of these Terms or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Site or to us or provided while at our gallery infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) property damage or personal injury caused by any attendee of our gallery in which you are the booking party; and (5) any other activities in connection with the Site or our gallery. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Links To Third Party Websites
The Site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site, or as a function of the Service, is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Additionally, LAAB may provide other third-party content on the Site (collectively the “Third-Party Content”). LAAB does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore, we are not responsible for any Third-Party Content on the Site.
In case of force majeure, we are not obligated to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate these Terms.
Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, any Act of God, unforeseen closure of our gallery, epidemic, pandemic, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, disruption of energy supplies, or telecommunication networks or communication systems and/or the temporary down-time of the Site, late delivery or absence of delivery by suppliers or other third parties, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. In the case of a force majeure event, you are responsible for filing claims with the proper third-party entities.
Although this Site may be accessible worldwide, certain materials, products and services on this Site are not available for use in locations outside the United States of America. We currently do not allow purchases outside of the United States. Furthermore, we make no claims that the Site is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Governing Law And Jurisdiction
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LAAB without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Agreement Shall Be Binding
These Terms shall be binding upon, and inure to the benefit of, the heirs, executors, administrators, successors and assigns of the parties [unless to the contrary specifically provided in any particular covenant, term or condition hereof].
In the event of any dispute, controversy or claim between the parties hereto arising out of or relating to this Agreement, the parties shall first seek to resolve the dispute in good faith through informal discussion. You agree that before initiating any dispute or arbitration proceeding, the parties will attempt to negotiate an informal resolution of any dispute and then proceed with mediation.
Mandatory Binding Arbitration. The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. The language of the arbitration shall be English. The arbitrator may grant injunctions or other relief in such dispute or controversy. The arbitrator’s decision shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. During the arbitration, both You and LAAB may take one deposition of the opposing party, limited to 4 hours. If the parties cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. Notwithstanding the foregoing, the arbitrator shall not have jurisdiction over any dispute relating to ownership, infringement or misappropriation of a party’s intellectual property or confidentiality rights unless the parties specifically so agree in writing in such matter, and either party may (after attempting informal resolution as provided above) submit any such dispute to any court in accordance with “Governing Law” section below, and may apply to any such court for injunctive relief in connection therewith. The arbitration will be held in the United States county where you live or work, Los Angeles, California, or any other location you and LAAB mutually agreed upon in writing.
CLASS ACTION WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. CUSTOMER AGREES THAT, BY ENTERING INTO THESE TERMS, CUSTOMER AND LAAB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may not consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section shall be null and void.
In any lawsuit in which (1) the complaint is filed as a class action or collective action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action must be litigated in a civil court of competent jurisdiction and not as a class or collective.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against LAAB, you will be responsible for paying a $250 consumer filing fee. LAAB will pay for reasonable arbitration fees where: (a) the claim for damages does not exceed $10,000, and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). LAAB will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).
Address: The LA Art Box, 8020 Melrose Ave., Los Angeles, CA 90046