Effective: August 14, 2018

 

PURCHASE POLICY

 

Endeavor Experiences, LLC’s (“our”, “we”, “us” or “Experiences”) goal is to make your purchasing experience easy, efficient and equitable, so we can get you on your way to our experiences as quickly as possible. The following is designed to ensure your satisfaction and understanding of the purchase process on our sites and applications (collectively, the “Site”).

 

Your purchases on our Site are subject to these terms (the “Purchase Policy”). Please also review our Terms of Use and Privacy Policy which govern your use of our Site.

 

If you have any questions:

 

We strongly recommend contacting us via email because our phone lines can be very busy. You can find the relevant email addresses below, and phone numbers where available.

 

General Information:

 

Email: NYFWExperience@endeavorco.com

Telephone: + 1 212-774-6798

 

Feedback, Comments, Suggestions or Concerns:

 

Email: NYFWExperience@endeavorco.com

 

For Groups Inquiries:

 

Email: NYFWExperience@endeavorco.com

Telephone: +1 212-774-6798

 

CURRENCY

 

All prices for experience packages are stated in U.S. Dollars.

 

Payment Methods

 

We accept several methods of payment to accommodate your needs, including, without limitation, American Express, Visa, MasterCard, Discover, etc. In the future we may accept other forms of payment (e.g., check or ACH) and we will notify you if and when those forms of payment are accepted by us.

 

Please note that you shall be responsible for all electronic fees, where applicable.

 

PRICING

 

All packages include admission tickets at face value. You shall be responsible for and pay all taxes and third-party expenses, if applicable, imposed on, in connection with, the experiences packages or items, rights or benefits thereof except for shipping costs related to ítems or documentation Experiences may, at its discretion, determine to ship or mail you in connection with your experience package purchase (unless otherwise stated in writing by Experiences).

 

Pricing and Other Errors

 

If the amount you pay for an experience package is incorrect regardless of whether because of an error in a price posted on this Site or otherwise communicated to you, or you are able to order an experience package before its scheduled on-sale or presale date or you are able to order an experience package that was not supposed to have been released for sale, then we will have the right to cancel that experience package (or the order for that experience package) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this Site or other Experiences operated or owned system.

 

Multiple Browser Windows

 

When ordering experiences packages online with us, please ensure you are looking for experience packages and placing an order using only one browser window. Looking up experience packages using multiple browser windows could result in losing your experience package or timer expiration.

 

Order Confirmation

 

If you do not receive a confirmation (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via our customer service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was placed if you failed to receive confirmation. We do not guarantee availability of services or any elements of an experience package until there is confirmation that payment has been received and an order has been processed by the Site.

 

billing Information Verification

 

Orders are subject to credit card approval and processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for an order that can delay processing and delivery. In these cases, our customer service will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your experience package to another customer without further notice.

 

Number of Experiences Packages or LImits

 

When purchasing experiences packages on our Site, you are limited to a specified number of packages for each event (also known as a “package limit”). This package limit is posted during the purchase process and is verified with every transaction. This policy is in effect to discourage unfair experience package buying practices. We reserve the right to cancel any or all orders and package purchases without notice to you if you exceed the posted limits. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.

 

PAYMENT

 

Full payment is due upon check out to secure receipt of all elements of an experience package.

 

CONDITION PRECEDENT TO PERFORMANCE

 

We are not obligated to provide any elements of an experience package unless we receive the full and timely payment for such experience package. If we do not receive payment a reasonable time before the event to which the experience package relates, we have the right to cancel your order and terminate the fulfillment of the package without any further obligation or liability owed to you.

 

DELIVERY

      

You acknowledge that the items and components of an experience package will be provided and/or fulfilled by Experiences on-site on or around the day(s) of an event. We will make all on-site arrangements related to the fulfillment of an experience package on your behalf. Unless otherwise expressly stated by Experiences, any tickets or credentials comprising part of an experiences package will not be mailed to you in advance of the event to which they relate.

 

Notwithstanding the foregoing, Experiences, at its discretion, may mail or deliver to you certain ítems (e.g., gifts or welcome materials) or documents (itineraries) ancillary to or related to your experience package. Any stated delivery dates with respect thereto are approximate. Experiences will not be liable for any losses, damages, penalties, or expenses that arise from or in connection with the ítems or documents during shipment or the failure to meet any delivery date. Title to and risk of loss of the ítems and documents will pass to you immediately upon transmission by us.

 

Canceled and Rescheduled Events

 

Should the entire event to which your experience package(s) relate be canceled or postponed, we will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any canceled or postponed event, please contact us in the manner set forth above.

 

If the entire event for which your experience package relates is canceled, and you purchased your experience package through the Site (or otherwise directly from us), we will promptly issue you a refund to the credit card, debit card, or other accepted method of payment that you used to purchase that experiences package. If a package was purchased through another method, please contact the person or entity from whom you purchased such package, as we will not refund you therefor.

 

If the event for which your experience package relates was moved or rescheduled or only canceled in part, we may offer you a refund in light thereof (but the determination to offer a refund shall be solely at our discretion and we shall have no obligation to do so). Please contact us for more information regarding our refund policy in those situations. When contacting us with respect to the foregoing, please make sure to include/provide appropriate identification (e.g., purchase confirmation number) so we can expedite our decision whether or not to refund you if applicable.

 

RETURNS & REFUNDS

 

All sales are final. Payments are non-refundable and cannot be canceled by you, except to the limited extent contemplated above in the “Canceled and Rescheduled Events” section.

 

You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to experience packages you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us except in the limited circumstances set forth above, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase experience packages from the Site. Should you do so, your experience package(s) may be canceled, and we may, in our sole discretion, refuse to honor pending and future experience packages purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.

 

If we issue you a refund for an experience package due to a canceled or postponed event, we will issue a refund of the ticket’s face value paid (or, for a discounted ticket, then instead the discounted ticket price paid) and all service fees (if any). In no event will delivery charges or any other amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the experience package. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.

 

Limitation of Liability

 

You voluntarily assume all risks and danger incidental to the event for which the experience package purchased is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, our personnel, the venues, models, designers, sponsors, artists, other attendees, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change. For the avoidance of doubt, this limitation of liability shall in no way limit or reduce the effect of the limitation of liability set forth in the [Terms of Use] [INSERT HYPERLINK]. Experiences will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Purchase Policy or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether you or Experiences have been advised of the possibility of any such damage. In no event will the Experience’s liability exceed the price you paid to Experiences for the specific experiences package provided by Experiences giving rise to an applicable Claim (defined below).

 

Limitation of Actions

 

No action arising out of or relating to this Purchase Policy or the transactions it contemplates may be commenced against Experiences more than 12 months after the basis for such claim could reasonably have been discovered.

 

INDEMNIFICATION

 

You hereby agree to indemnify, defend and hold harmless Experiences from and against any and all Claims  that may be asserted by a third party against Experiences which arise out of, result from or relate to your purchase of an experience package, enjoyment of any of the rights, benefits or ítems related thereto, including, without limitation, attendance at the Event to which such experience package relates and for all Claims that otherwise arise out of or result from, directly or indirectly, in whole or in part, without limitation, your breach or failure to abide by any part of this Purchase Policy.

 

NO WARRANTIES

 

The experience packages are being sold “as is,” and Experiences disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for a particular purpose with respect thereto. Under no circumstances will Experiences be liable for the services or products of any third party, including any comprising or constituting a part of an experience package. You acknowledge that you have not been induced by any statements or representations of any person with respect to the quality or condition of an experience packages or any ítems constituting a part thereof and that no such statements or representations have been made. You acknowledge that you have relied solely on the investigations, examinations, and inspections you, as a purchaser of the experience package, have chosen to make and that Experiences has afforded you the opportunity for full and complete investigations, examinations, and inspections.

 

License; Ejection and Cancellation; No Redemption Value

 

All event attendees shall comply with our and all of the event owners’, venues’ and operators’ applicable rules, policies, terms and conditions (“Event Provider Rules”). Event Providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct their personnel deems disorderly, who uses vulgar or abusive language or who fails to comply with Event Provider Rules. Breach of terms or rules will terminate your license to attend the event without refund. Each experience package and/or the ticket, pass or similar credential therefor or a part thereof is a revocable license and admission may be refused without liability in the case of a breach of any of the foregoing. An experience package, and/or the tickets, passes or similar credentials therefor or a part thereof, is not redeemable for cash. Items listed in an experience package do not grant access to unauthorized areas of an event venue.

 

Recording, Transmission and Exhibition

 

You (on behalf of yourself and your guests) agree that the event for which you purchase an experience package is a public event, that your and their appearance and actions inside and outside the venue where the event occurs are public in nature, and that you and they have no expectation of privacy with regard to your or their actions or conduct at the event. You (on behalf of yourself and your guests) grant permission to us and our licensees, partners and agents to utilize your and/or their respective name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after the event) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you, them or anyone acting on your and/or their behalf.

 

RECORDING AND DATA DISTRIBUTION PROHIBITED 

 

Except as expressly authorized by Experiences or a third party authorized by Experiences, no event attendee may film, photograph, broadcast, stream, publish, transmit and/or otherwise offer to the public (or assist any third party in offering to the public), on a live or on a delayed basis, in whole or in part, and whether on a free basis or subject to payment, any sound recording, photograph, video footage, motion picture, film and/or other audio-visual content captured by any means whatsoever in or around the event site. 

 

PUBLICITY

 

You agree that Experiences shall have the right to use your name, logo, marks, and other similar intellectual property for the purposes of publicizing the event, the experience packages, our services and other reasonable commercial purposes, provided that such publicity efforts are in the normal course of our business (for example, without limitation, in business to business trade solicitation and communication).

 

You Are Subject to Search

 

You, your guests and your and their belongings may be searched on entry to the event. You (on your behalf and their behalf) consent to such searches and waive any related claims that may arise. If you and/or they elect not to consent to such searches, you and/or they may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.

 

MINORS

 

THE EVENT (OR ASPECTS THEREOF) MAY BE INTENDED FOR AN ADULT AUDIENCE. EVENT ATTENDEES UNDER THE AGE OF MAJORITY IN THE STATE, COUNTRY, OR JURISDICTION OF THEIR RESIDENCE MUST BE ACCOMPANIED BY A PARENT OR GUARDIAN AT THE EVENT AT ALL TIMES.

 

REPRESENTATION

 

You represent and warrant to Experiences that you have the capacity and/or power and authority to agree to and enter into this Purchase Policy and, when agreed to by you, the Purchase Policy shall be enforceable against you and a legally binding obligation.

 

Resale OR TRANSFER of Tickets

 

Unauthorized resale or transfer (or attempted resale or transfer), unlawful or otherwise, counterfeit or copy of experience packages and/or the tickets, passes or similar credentials therefor or a part thereof is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states or jurisdictions and we cannot be responsible for providing legal advice regarding resale or pricing of the foregoing. You are responsible for complying with all applicable resale laws. In addition, we reserve the right to restrict or deny purchasing privileges to anyone that we determine to be, or has been, in violation of our policies or in conflict with applicable law (e.g., entities or individuals on OFAC’s Specially Designated Nationals and Blocked Persons List or based in countries then subject to a U.S. sanction program). Because we do not guarantee the authenticity of experience packages and/or the tickets, passes or similar credentials therefor or a part thereof purchased from any non-authorized third party reseller (such as brokers or individuals), we recommend that you purchase experience packages directly through us or our authorized partners to ensure authenticity. Experience packages and/or the tickets, passes or similar credentials therefor or a part thereof may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.

 

GOVERNING LAW AND DISPUTE RESOLUTION

 

Subject to the provisions of applicable law, this Purchase Policy is governed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. You and Experiences hereby expressly consent to any and all disputes, claims, controversies or causes of action arising out of or relating to the Purchase Policy (each, a “Claim”), being: (a) arbitrated on an individual basis only, and not consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (b) settled by binding arbitration in New York County, New York before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. If, as required by applicable law, a Claim may not be arbitrated, you and Experiences hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the Borough of Manhattan, New York, United States of America for the adjudication or disposition of any such Claim.     

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