May 21, 2019
Welcome to the website for the Wonderfront Music & Arts Festival in San Diego, California. Wonderfrontfestival.com and its related applications are owned and operated by Wonderlust Events, LLC (“Company”).
As a condition of your right to use our website and related services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing this website under the laws of the United States or any other country.
You agree that you will abide by all applicable laws, rules and regulations, and that you will not:
• You many not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Company content or any use of or access to its website and related services;
THIRD-PARTY SERVICES AND CONTENT
Your use of our website may link you to third–party websites of artists or sponsors. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through these third-party websites. You further acknowledge that any reliance on representations and warranties provided by any party other than Company will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, THEIR RELATED ENTITIES, SERVICE PROVIDERS, LICENSORS, AND RESPECTIVE OFFICERS, DIRECTORS, AMBASSADORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL COMPANY, ADVERTISERS AND SPONSORS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO COMPANY FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.
You agree to indemnify, defend, and hold harmless Company and their respective affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from your use of the web site, any violation or breach by you of these Terms and Conditions and any violation of applicable law. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
DISPUTES & ARBITRATION AGREEMENT
Any dispute or claim relating in any way to your use of our website or its services sold or distributed by us or through us, shall be determined by arbitration in Sand Diego County, California before one arbitrator. The arbitration will be conducted by JAMS, which is a neutral arbitration company with an office located in San Diego, California,under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at www.jamsadr.com or by calling the Sand Diego office at (619)-236–1848.
The arbitration agreement in these Terms 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.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. 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.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Wonderlust Events, LLC, 839 W. Harbor Drive, Suite C2-2, San Diego, CA 92101, Attn: Legal. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules.
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. 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. You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
If you have any questions, comments or complaints regarding these Terms or our website, please contact us at:
Wonderlust Events, LLC
839 W. Harbor Drive, Suite C2-2
San Diego, CA 92101