THE ORANGE BOWL COMMITTEE, INC.
These terms and conditions govern your use of this Website; by using this Website, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these terms and conditions, you must not use this Website to make reservations or otherwise.
OBC does not sell products to minors, but it sells them to adults, who can purchase with a credit card or other permitted payment method. You must be at least 18 years of age to use this Website. By using this Website and by agreeing to these Terms and Conditions you warrant and represent that you are at least 18 years of age. If you are under 18, you may use the OBC Services only with involvement of a parent or guardian. The OBC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
When you use the Website to make a reservation or place an order through this Website, you acknowledge and agree that the Website collects both personal information about you (such as your name, address phone number, and email address) (the “Personal Information”) and your financial information (such as your credit card number, debit card number, billing address, bank information, and other financial information) (the “Financial Information”).
In order to provide access to this Website while you are using a mobile device, we may collect geolocational information from your mobile device, your wireless carrier, or certain third-party service providers (the “Geolocational Information”) to provide the Services to you. Collection of such Geolocational Information occurs only when the Website is running on your mobile device. You may control the collection of Geolocational Information through the user settings on your device. You may decline to allow us to collect such Geolocational Information, in which case we may not be able to provide certain Services to you.
You hereby grant us the right to share your Personal Information, your Financial Information, and your Geolocational Information as follows:
In order to provide you our Services, we may need to share your Personal Information with the third-party service providers that we engage to provide you with such Services. Such parties will use such Personal Information in accordance with the terms and conditions of their privacy policies.
We also employ other companies and individuals to perform functions on our behalf. These other companies will have access to the Personal Information, the Billing Information, and the Geolocational Information to the extent permitted by law, which third parties may also use third-party service providers to perform certain functions on its behalf and on our behalf in providing functionality, including, but not limited to, a third-party payment processor. As of the date hereof, OBC’s third-party payment processor is Chase Paymentech and the OBC also uses the Ticketmaster network and Holsen, Inc. and participants in the OBC travel network or, Instagram, Facebook, and LinkedIn and we urge you to review their respective Privacy Policies and Terms and Conditions prior to use. These third-party payment processors shall authorize your credit card, bank account, or other approved payment facility you provide when placing an order via the website, for the full payment of the order, including any applicable transaction fees, processing fees, and taxes, and you hereby consent to the same. All payments will be charged and made in U.S. dollars.
All sales are final and there are no refunds.
RESERVATION OF RIGHT TO REFUSE PARTICIPATION IN SERVICES
Fan Behavior Any ticket holder who behaves in an unruly or disruptive manner, including, but not limited to, foul or abusive language or obscene gestures, obscene or indecent messages or signs or clothing, intoxication or other signs of impairment related to alcohol consumption, fighting, taunting or threatening remarks or gestures, physical or verbal abuse of other fans, performers, participants, the OBC’s or event venue’s employees, game officials, players or coaches during, throwing objects, disruption to the profess of the event, following to follow instructions of venue personnel or law enforcement, before or after an event may be asked to leave the Event. I understand that as the account holder of record, I am responsible for such behavior by myself and anyone using my tickets. The OBC reserves the right in the event of such behavior to cause my removal from the event without refund or other compensation in accordance with OBC or venue policies. If you or your guests violate any of the forgoing you or they may be subject to ejection from the event, ticket revocation (with no refund) and/or possible arrest.
ASSUMPTION OF RISK/RELEASE OF LIABILITY
I (and the user(s) of my tickets for any particular event) voluntarily and knowingly assume full, sole and complete responsibility for all risks and danger of personal injury (including death or disability), damage to property and all other hazards or liabilities arising from, or related in any way to, the events (including, but not limited to, injuries or damages caused by players, fans, members of the public, performers, mascots, footballs, props and other objects), whether occurring prior to, during or after the event, however caused and whether caused, directly or indirectly, by the sole or joint negligence, tortious act or omission or otherwise of the Released Parties (as hereinafter defined) or any of them or any third party. I (and the user(s) of my tickets for any event agree that neither the OBC nor the College Playoff Group, the teams and conferences, if any, participating in any event, any event sponsors, the venues at which events ae held or their respective affiliates, members, managers, shareholders, directors, employees, staff, volunteers, agents, successors or assigns (collectively, the “Released Parties”) are liable for any injuries or other damages arising from or relating to such causes, and I (and the user(s) of my tickets for any particular event), individually and on behalf of my and such users’ respective spouses, grandparents, family members, guardians, heirs, executors, personal and legal representatives, estates, beneficiaries, administrators, successors and assigns do hereby waive, release and discharge, and covenant not to sue the Released Parties with respect thereto. It is further acknowledged and agreed that the OBC is not the owner, operator or manager of the venues at which the events take place and that there may be latent or patent defects in or around such premises over which the OBC has no control and shall have no responsibility for the conditions of the premises or surrounding areas. In addition, it is further acknowledged and that certain third parties may be supplying interactive games(s) at the events and that the Released Parties have no control over such interactive games or their operational status and, accordingly, assume no obligation with respect thereto.
Use of Image. I (and the user(s) of my tickets for any particular event) grant permission to the OBC (and its designees and agents) to utilize my name, picture, image, likeness, actions and statements in any live or recorded broadcast, audio, video, photographic or other media display or other transmission, exhibition, publication or reproduction made of or at the event in any medium or context for any purpose, including, without limitation, promotional purposes, without further authorization or compensation, but not for any commercial sale of merchandise. You further agree that the OBC owns the copyright for all of the foregoing.
CERTAIN SERVICES ARE NOT AVAILABLE TO MINOR CHILDREN. PLEASE CAREFULLY REVIEW THE WEBSITE FOR EACH PARTICULAR SERVICE TO CONFIRM WHETHER SUCH SERVICE IS AGE APPROPRIATE FOR THE PROPOSED PARTICIPANT. ANY RESERVATIONS MADE FOR A MINOR CHILD WITH RESPECT TO A SERVICE RESERVED FOR ADULTS SHALL NOT BE SUBJECT TO REFUND.
With respect to Services sold by the OBC, we cannot confirm the price of an item until you complete your order.
License to use Website
Unless otherwise stated, OBC and/or its licensors own all of the intellectual property rights in the Website and material on the Website, which include, without limitation, all content, software, code, logos, trade names, trademarks, graphics, pictures, text, etc. included on this Website or as part of providing the Services. The content and compilation thereof which is included in, or made available through, any OBC’ Service is the exclusive property of OBC and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any OBC Service constitute trademarks or trade dress of OBC in the U.S. OBC's trademarks and trade dress may not be used in connection with any product or service that is not OBC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OBC. All other trademarks not owned by OBC that appear in on the OBC Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, the OBC. None of the foregoing, nor any part thereof, may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express, prior written consent of the OBC.
You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(i) republish material from this Website (including republication on another website);
(ii) sell, rent or sub-license material from the Website;
(iii) show any material from the Website in public;
(iv) reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
(v) edit or otherwise modify any material on the Website; or
(vi) redistribute material from this Website, except where content is specifically made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any defamatory material or any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious or harmful computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this Website without OBC express written consent.
You must not use this Website to transmit or send unsolicited commercial communications.
You must not use this Website for any purposes related to marketing.
The OBC reserves the right to restrict access to certain areas of this Website, or indeed this entire Website, at the OBC’s discretion.
We may also terminate your access to the Website, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms and Conditions of Use that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If OBC provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. If you use any OBC Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
OBC may disable your user ID and password in OBC sole discretion without notice or explanation.
In these Terms and Conditions of Use, “your user content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
We do not want to receive confidential, proprietary or trade secret information through this Website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to orangebowl.com will be deemed non-confidential.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you, the OBC or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The OBC reserves the right to edit or remove any material submitted to this Website, or stored on the OBC servers, or hosted or published upon this Website.
Notwithstanding the OBC’s rights under these Terms and Conditions of Use in relation to user content, OBC does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
This Website is provided “as is” without any representations or warranties, express or implied. OBC makes no representations or warranties in relation to this Website or the information and materials provided on this Website.
Without prejudice to the generality of the foregoing paragraph, the OBC does not warrant that:
(i) this Website will be constantly available or available at all; or
(ii) the information on this Website is complete, true, accurate or non-misleading.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, accounting or medical matter, you should consult an appropriate professional.
Limitations of Liability
OBC SHALL NOT BE LIABLE TO YOU (WHETHER UNDER THE LAW OF CONTRACT, THE LAW OF TORTS, ANY EQUITABLE ACTION OR OTHERWISE) IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THIS WEBSITE:
(i) TO THE EXTENT THAT THIS WEBSITE IS PROVIDED FREE-OF-CHARGE, FOR ANY DIRECT LOSS OR DAMAGE;
(ii) FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE; OR
(iii) FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA.
THESE LIMITATIONS OF LIABILITY APPLY EVEN IF THE OBC HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS.
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit OBC’s liability in respect of any:
(i) actual fraud or fraudulent misrepresentation on the part of OBC; or
(ii) matter which it would be illegal or unlawful for OBC to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Website.
You accept that OBC has an interest in limiting the personal liability of itself and its affiliates and the other Released Parties described above. You agree that you will not bring any claim personally against any of the OBC’s or the other Released Parties’ affiliates’ officers, directors, managers, members, employees or volunteers in respect of any damages, liabilities or losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect the OBC and its affiliates and the other Released Parties.
If any provision of this Website disclaimer is, or is found to be, unenforceable under any applicable law, such finding shall affect the enforceability thereof only in such jurisdiction and not elsewhere and shall not affect the enforceability of the other provisions of this Website disclaimer.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
OBC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OBC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OBC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OBC SERVICES IS AT YOUR SOLE RISK AND YOU ASSUME SUCH RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OBC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY A COURSE OF DEALING OR PERFORMANCE. OBC DOES NOT WARRANT THAT THE OBC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OBC SERVICES, OBC' SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OBC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OBC ENTITIES DO NOT WARRANT THE MATERIALS TO BE UNINTERRUPTED, ACCURATE, RELIABLE, USEFUL, UP-TO-DATE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICES OR ANY ASSOCIATED SITES OR APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING, WITHOUT LIMITATION, YOUR IPHONE, IPAD, COMPUTER SYSTEM OR OTHER ELECTRONIC DEVICE USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIALS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OBC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OBC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OBC SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, AND/OR LOST PROFITS OR LOST OR CORRUPTED DATA, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF THE OBC’ ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL THE OBC ENTITIES’ AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS FOR ANY CLAIM EXCEED $25.00. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE BY THIRD PARTIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR 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 MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE OBC ENTITIES, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE OBC ENTITIES, THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED. YOU UNDERSTAND AND AGREE THAT THE OBC ENTITIES WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
Other Businesses; Links to other Sites
Parties other than OBC may provide services or sell product lines through the OBC Services. In addition, we may provide links to the sites of certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. OBC does not assume any responsibility or liability for the actions, services, products, and/or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
As you use the Services, you may notice links to third party sites. If you use these links, you may leave the OBC’s Services. You may be required to navigate to third party services and/or install third party software to take advantage of the credit card recommendations, rewards information, promotions, deals, or other information available through the Services, and OBC does not make any representation or warranty about such third-party services or software. Certain of these third-party sites may make use of OBC’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from the OBC. We are not responsible for the availability or content of these third-party sites, or availability of credit card rewards, or for any viruses or other damaging elements encountered in linking to a third-party site, whether or not we are affiliated with the owners of such third-party sites. In addition, the provisioning of these links to third-party sites is not an endorsement or approval by us of the organizations sponsoring such third-party sites or their products or services. These Terms and Conditions of Use do not apply to third-party sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any third-party sites, applications, software or services.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD-PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD-PARTY CONTENT ON THE SERVICES.
Breaches of these terms and conditions
Without prejudice to the OBC’s other rights under these Terms and Conditions of Use or applicable law, if you breach these terms and conditions in any way, the OBC may take such action as it deems appropriate to deal with the breach, including, without limitation, suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
OBC may revise these Terms and Conditions of Use from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.
By using any OBC Service, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and OBC.
In the interest of resolving disputes between you and the OBC in the most expedient and cost-effective manner, you and OBC irrevocably agree that any and all disputes arising in connection with these Terms and Conditions of Use and the Services shall be resolved by binding arbitration with JAMS in conformance with the J*A*M*S/ENDISPUTE Streamlined Arbitration Rules and Procedures or the J*A*M*S/ENDISPUTE Comprehensive Arbitration Rules and Procedures, as applicable. All arbitration proceedings shall be held in Miami-Dade, Florida. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of these Terms and Conditions of Use, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms and Conditions of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE OBC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND OBC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
When you use any of the OBC Services, you are communicating with us electronically and you consent to receive communications from us electronically. By doing so, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The OBC respects the intellectual property rights of third persons. If you believe that your work has been copied by OBC in a way that constitutes copyright infringement, please provide written notice to firstname.lastname@example.org.