Hamilton Uptown Limited Liability Company (“Hamilton,” “we” or “us”) welcomes you. We are excited that you have decided to use and access our website for Hamilton: An American Musical accessible at www.dev.hamiltonmusical.com (the “Website”).
EXCEPT IF YOU ARE A RESIDENT OF THE EU, ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT. IF YOU ARE A RESIDENT OF THE EU, PLEASE SEE BELOW FOR YOUR RIGHTS IN THE EVENT OF A DISPUTE.
You must be at least 13 years old to use the Website. We may also offer additional features or services that require you to be even older to use them. The Website is for your personal, noncommercial use and is intended for informational and entertainment purposes only.
If the Website is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
To the fullest extent permitted by applicable law, we are not responsible if information on the Website is not accurate, complete or correct. The material on the Website should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. Any reliance on the material on the Website is at your own risk. The Website may contain historical information, which historical information necessarily is not current and is provided for your reference only. The Website may also contain information provided by third parties, and the opinions and views of third parties. Unless required by applicable law, we are under no obligation to verify any information provided by third parties, and the opinions and views expressed by third parties are not those of Hamilton and are not endorsed by Hamilton. To the fullest extent permitted by applicable law, we reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
When you access the Website through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using all or certain parts of the Website may be prohibited or restricted by your network provider and not all services on the Website may work with your network provider or device. Contact your carrier with questions regarding these issues.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, INCLUDING WITHOUT LIMITATION ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, MERCHANTABILITY, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE SHALL USE REASONABLE CARE AND SKILL TO PROVIDE THE WEBSITE TO YOU, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, OR PERSONAL INJURY/WRONGFUL DEATH) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE WEBSITE; (B) ANY CONTENT OR THIRD PARTY SERVICE THAT IS INTEGRATED INTO THE WEBSITE OR MADE AVAILABLE ON THE WEBSITE; OR (C) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE. SOME EU JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF SUCH DAMAGES AND LOSSES AS SET OUT ABOVE, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU IF YOU ARE RESIDENT IN THAT EU JURISDICTION.
IF WE ARE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN TO THE FULLEST EXTENT PERMITTED BY LAW OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME EU JURISDICTIONS DO NOT ALLOW US TO LIMIT OUT LIABILITY IN THIS WAY, SO THIS LIMITATION MAY NOT APPLY TO YOU IF YOU ARE RESIDENT IN THAT EU JURISDICTION.
Hamilton does not accept any unsolicited ideas from users. Therefore, you must not submit any such unsolicited materials. If, notwithstanding this policy, you submit an unsolicited idea or content to us, you understand and acknowledge that such idea or content is not submitted in confidence and we assume no obligation, expressed or implied, by considering or using it. You agree to waive any claim against Hamilton or its assignees regarding misappropriation of your ideas or content submitted in violation of this paragraph.
THE PROVISIONS OF THIS SECTION DO NOT APPLY TO YOU IF YOU ARE AN EU RESIDENT.
You and Hamilton agree to arbitrate all disputes between you and Hamilton or its affiliates, except disputes relating to the enforcement of Hamilton or its affiliates’ intellectual property rights. Under such circumstances, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described below.
In the event of a dispute, you or Hamilton must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Hamilton Uptown Limited Liability Company c/o Baseline Theatrical, 1501 Broadway, 24th Floor, New York, NY 10036, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Hamilton will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this contract shall be held in the United States in the borough of Manhattan, New York, New York, United States of America, without regard to its conflict of laws provisions. If travelling to the borough of Manhattan, New York, New York, United States of America, is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration, except as otherwise expressly set forth herein. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HAMILTON WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS CONTRACT TO ARBITRATE.
If you are a resident in the EU, you shall be free to bring proceedings in your own country of residence.
These terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
Should you have any questions you may contact us at firstname.lastname@example.org.