PLEASE READ THE FOLLOWING TERMS OF SERVICE AND LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, USING, ACCESSING, OR PURCHASING ANY TICKET, PRODUCT, OR SERVICE THROUGH ANY PART OF THE OMAHA PERFORMING ARTS WEBSITE OR SERVICES OR THE OMAHA PERFORMING ARTS MOBILE APPLICATION (IF AVAILABLE). The following are the terms and conditions for use of www.omahaperformingarts.org and www.ticketomaha.com, any affiliated sub-domains, and any affiliated websites on which these Terms are posted, and their related services (the “Website”) and the Omaha Performing Arts Mobile Application (if available) and its services (the “Application”) (collectively the Website and the Application are referred to as the “Services”). The Services are owned and operated by Omaha Performing Arts Society (“Omaha Performing Arts,” “us,” or “we”).The Omaha Performing Arts Ticket Policies available at https://ticketomaha.com/ticket-policies (the “Ticket Policies”) are expressly incorporated into these Terms. By downloading or using the Application, accessing the Services, continuing to access the Services, purchasing any tickets, products, or services through the Services, or submitting any information through the Services, and in consideration for the services Omaha Performing Arts provides to you, YOU (the terms “you” or “yours” includes the person or entity that is accessing the Services as well as any third-parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE SERVICES (the “Terms”). Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices, including the class action waiver, contained herein.
Registration. In order to utilize some of the Services’ features, you may need to register and create an account. In order to create an account, you must complete the registration process by providing Omaha Performing Arts with complete and accurate information as prompted by the registration form, including contact information, email address, and password. You shall protect your password and take full responsibility for your own and third-party activities that occur under your account. You agree to notify Omaha Performing Arts immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity. Refusal of Service. Omaha Performing Arts reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party’s intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct, as determined by Omaha Performing Arts in its sole discretion. Payment. If you make any purchases through the Services, you agree to pay all applicable charges and fees for those purchases and to comply with the terms of the applicable payment processor. Unless otherwise stated, all prices are stated in U.S. Dollars. Information Submission and Age Restriction. By submitting any information, including any User Content as defined below, through the Services, you represent and warrant that you are 18 years of age or older, and, if under the age of majority in your state, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and use the Services. Omaha Performing Arts does not intend to use the Services to collect any information from children under age 18. Pursuant to 47 U.S.C. § 230(d), you are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For information on providers of such services, contact your information technology professional. Electronic Communications. By accepting these Terms and using the Services, you consent to receive electronically all communications or notices sent by Omaha Performing Arts with regard to the Services or these Terms to any email address you provide to Omaha Performing Arts. It is your responsibility to update your contact information provided to Omaha Performing Arts. In order to receive electronic communications, you must have a working connection to the internet and meet any specifications required by your email service provider. Omaha Performing Arts may send communications in a non-electronic format in Omaha Performing Arts’ discretion.
Omaha Performing Arts reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website or Application. The most current version of these Terms will be located on, or available through, the Application and Website. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the “Updated” date indicated at the top of this page with the date that revisions to these Terms were last made. We will not notify you of any such changes by email or other personal contact, but we reserve the right to do so. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
Access and Use of the Website. Subject to, and in accordance with, these Terms, Omaha Performing Arts permits you to access and make personal use of the Services. Omaha Performing Arts reserves all rights not expressly granted to You hereunder. Your authorization to access and use the Website is automatically revoked if you violate any of these Terms. Omaha Performing Arts reserves the right to revoke your authorization to access or use the Website or Services at any time for any reason. Proprietary Rights. Except as expressly provided for in the non-exclusive license contained in Section IX below, Omaha Performing Arts expressly reserves all right, title, and interest in and to the Services and the Services’ content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto. Please do not copy or reproduce the photographs or other content contained on the Services. The copyrighted and/or trademarked materials contained within the examples displayed on the Services are owned by each respective entity.
Ticket Policies. All ticket purchase are subject to the Omaha Performing Arts Ticket Policies available at https://ticketomaha.com/ticket-policies (the “Ticket Policies”) as amended from time to time as well as any terms posted at the applicable venue or contained on your ticket(s). Certain events may be subject to additional terms or restrictions. All prices are subject to change. If you purchase any ticket or other product through the Services, you agree to comply with the terms of the applicable payment processor. Refund Policy. Unless otherwise stated, Omaha Performing Arts does not issue refunds. You agree to comply with all applicable laws and directed health measures as well as the safety protocols and procedures in effect at the time of the performance implemented by the Omaha Performing Arts with regard to COVID-19 which may include required masks or face coverings.
Overview. The Services may, from time to time, allow users and third-parties to upload, post, or otherwise transmit user-generated content, including, but not limited to, comments, feedback, photos, videos, reviews, and other forms of data or communications (“User Content”). User Obligations and License; Intellectual Property. You alone own and are solely responsible for all User Content you post, upload, or otherwise transmit (collectively “Post”) through the Services and once Posted, it cannot always be withdrawn. You agree not to Post through the Services any User Content which is false, defamatory, infringes upon another party’s intellectual property, or is otherwise illegal. By Posting User Content on the Services, you warrant and represent that you have the right to post such information and that such information is truthful and accurate. By Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, Omaha Performing Arts a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content. You assume all risks associated with your Posted User Content on the Services, including anyone’s reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. Testimonials and Photographs. If you Post or otherwise transmit to Omaha Performing Arts a testimonial statement or photograph or video depicting your results using any service or product, you grant, and warrant and represent that you have the right to grant, Omaha Performing Arts a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement and/or photograph for any purpose, including posting on the Services or using in any Omaha Performing Arts advertising materials. By Posting or sending any testimonials of your results, you represent that the testimonial statement is true, that you used the service or product as directed, and that the testimonial accurately depicts your experience using the service or product. If you no longer wish Omaha Performing Arts to use your written testimonial statement or photograph or video, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement. If you received any kind of compensation, whether monetary, in the form of a free service or product, or otherwise, you must notify us of this fact when posting or sending your testimonial. Rules of Conduct. In addition to all other obligations and terms stated in these Terms, you agree to abide by any rules of conduct or community guidelines posted on the Website or Applications. Omaha Performing Arts reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen, or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of Omaha Performing Arts. Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), Omaha Performing Arts is only a distributer, and not the publisher or speaker, of any User Content. As such, Omaha Performing Arts cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. Omaha Performing Arts does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Omaha Performing Arts be responsible for any loss or damage resulting from any person’s reliance on any User Content. Reservation of Rights. Subject to Section VII below regarding the DMCA, Omaha Performing Arts reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in Omaha Performing Arts’ sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Omaha Performing Arts reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content. Information Storage and Access. Omaha Performing Arts reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. Omaha Performing Arts will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or Omaha Performing Arts’ servers. Submissions, Suggestions, and Feedback. By sending us any ideas, suggestions, documents, or proposals (collectively, “Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Omaha Performing Arts and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
Omaha Performing Arts respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Omaha Performing Arts’ designated copyright agent in accordance with Title 17, United States Code, Section 512(c), by providing the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications of claimed infringement should be forwarded to Omaha Performing Arts’ designated agent as follows: Troy F. Meyerson 500 Energy Plaza 409 South 17th Street Omaha, NE 68102-2663 Telephone: (402) 341-6000 Email: firstname.lastname@example.org The full legal name and physical address of the service provider is as follows: Omaha Performing Arts 1200 Douglas Street Omaha, NE 68102 Alternate names the public may be likely to use to search for our designated agent include Omaha Performing Arts Society, Omaha Performing Arts, Ticket Omaha, www.omahaperformingarts.org and www.ticketomaha.com. After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material. Counter-Notification. If you posted or submitted material to Omaha Performing Arts which Omaha Performing Arts removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information in writing to Omaha Performing Arts’ designated agent listed above: 1. Your physical or electronic signature; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and 4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which Omaha Performing Arts may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person. If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in ten (10) to fourteen (14) business days after our designated agent’s receipt of the counter-notification, at our sole discretion. Omaha Performing Arts reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.
While Omaha Performing Arts attempts to provide all Services and Application features to all users, use of the Application and the Services may be limited for some or all users due to conditions outside of Omaha Performing Arts’ control. As a result, not all advertised features may be available to you at all times. Some of these conditions include, but are not limited to, the following: Your mobile device or your wireless carrier may limit the features available to you. Your data or messaging plan may limit your use of the Services. Your wireless voice and/or data signal may make access to the Application, Services, or some of their features intermittent or unavailable. The Services may not be available in some geographic locations. Omaha Performing Arts is not liable, and expressly disclaims any representations or warranties, regarding access to the Services or Application through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. Omaha Performing Arts does not guarantee that the Services will always be accessible or available. You are solely responsible for any costs you incur to access the Services or Application through your mobile device.
Omaha Performing Arts does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available, are free of viruses or other harmful component, (v) the use or the results of the use of the Services or the products or services made available through the Services will be correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Application and the Services may be from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within Omaha Performing Arts’ control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Application or the Services, limitations due to your particular mobile device, or any other reason which may prevent the Application and its services from being accessible at all times. Omaha Performing Arts disclaims any liability as a result of any user’s inability to access or use the Application or the Services at a particular time, location, on a particular device, or using a particular wireless provider. Further, Omaha Performing Arts expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, sold, offered, reviewed, recommended, linked to, or pictured on or through the Services. Omaha Performing Arts does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user’s needs, are appropriate for any particular use, or are of any certain quality. Omaha Performing Arts does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Omaha Performing Arts be responsible for any loss or damage resulting from any person’s reliance on any such product or service descriptions, reviews, or specifications contained on the Services. THE SERVICES AND ANY PRODUCTS SOLD THROUGH THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY OMAHA PERFORMING ARTS EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES OR PRODUCTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. OMAHA PERFORMING ARTS DOES NOT WARRANT THAT THESE SERVICES OR PRODUCTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR PRODUCTS, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. ALL PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES ARE SOLD BY THE SELLER AND NOT BY OMAHA PERFORMING ARTS. We do not guarantee that the Services, or any products sold through the Services, will be compatible with all software or with all devices. When you use the Application on your mobile device, your wireless service carrier may charge you data rates, message fees, and related fees.
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation. You may not use any information obtained from the Service in order to harass, abuse, or harm another person. You may not purchase any products or services through the Services which are prohibited in your jurisdiction.
In order to protect the integrity of the Services, Omaha Performing Arts reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services. You may not use any technologies or processes to circumvent any IP blocks or other mechanism put in place by Omaha Performing Arts to limit, restrict, or prevent access to the Services. You may not reproduce, copy, bulk download, redistribute, or resell any content contained within the Services without the express written consent of Omaha Performing Arts. You may not use any software, devices, scripts, crawlers, robots, or other automated processes to copy, scrape, or systematically acquire any content contained within the Services without the express written consent of Omaha Performing Arts. You may not frame or mirror any Omaha Performing Arts website or content without the express written consent of Omaha Performing Arts.
You agree to indemnify, hold harmless and defend Omaha Performing Arts, its managers, members, directors, employees, agents, or affiliates (collectively the “Indemnified Parties”) at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, or (iv) your unauthorized use of the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
OMAHA PERFORMING ARTS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, (D) BODILY DAMAGE OR EMOTIONAL DISTRESS, (E) PROPERTY DAMAGE, OR (F) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF OMAHA PERFORMING ARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, OMAHA PERFORMING ARTS’ CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY PRODUCTS SOLD THROUGH THE SERVICES SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE OMAHA PERFORMING ARTS PRODUCTS OR SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, PRODUCTS, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
Omaha Performing Arts may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Services. Advertisements may also be targeted based on information stored in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Services are subject to change without notice. You agree that Omaha Performing Arts may place advertising on the Services and you agree not to block such advertising.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons. The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. If Omaha Performing Arts determines that the Services are being used by prohibited persons, Omaha Performing Arts will terminate any impacted accounts. Omaha Performing Arts reserves the right to also provide notification of any such usage to the US DOT/OFAC.
These Terms shall be governed by and construed under the laws of the state of Nebraska without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska law, rules and regulations shall prevail and govern. Subject to the mandatory arbitration provision below, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Nebraska. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The products and services provided by Omaha Performing Arts hereunder are controlled by U.S. Export Regulations, and they may not be exported to or used by embargoed countries or individuals. Any notices to Omaha Performing Arts must be sent to: Omaha Performing Arts 1200 Douglas Street Omaha, NE 68102 402-345-0202 email@example.com via first class or air mail or overnight courier, and are deemed given upon receipt.
The parties hereto agree and understand that any dispute or claim related to your use of the Services, any dispute or claim related to your purchase or use of any products or services sold through the Services, any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved, as well as any other action to enforce these Terms or for the breach of these Terms, shall be referred to final and binding arbitration, and not in court. The Federal Arbitration Act and federal arbitration law apply to this agreement. Any arbitration proceeding will take place in Nebraska, subject to the laws of Nebraska and will otherwise be governed by the then-current commercial arbitration rules of the American Arbitration Association, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether federal or state. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney’s fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. All parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of these Terms are held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between Omaha Performing Arts and you is not one of employee/employer or of a legal partnership relationship. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. 2016526.02