Please Read the Following Terms of Use Carefully.

This website (“Website”) is provided by Direct Seats which may include any or all of Direct Seats, Our parent companies, subsidiaries, affiliates, Third Parties, divisions, contractors and all data sources and suppliers all of which are referred to herein as (“Direct Seats,” “Us,” “We,” “Our.”) This Website is subject to these “Terms of Use,” Privacy Policy, Disclaimer, and all modifications of any of the foregoing. By using this Website, you (“You,” “Your”) and other users and visitors (together with You, the “Visitors”), are deemed to have understood and agreed to these Terms of Use. If You do not understand or agree to these Terms of Use, You will not use this site.

Your access to some areas of the Website (“Online Services”) may be subject to certain membership and/or registration requirements in Direct Seats’s discretion only. The Terms of Use herein are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by Direct Seats and otherwise through this site.

The information, products, and services available on this Website may include technical inaccuracies or typographical errors which Direct Seats is in no way responsible for.

Internet Access

You acknowledge and agree that in connection with Your use of the Website, You must: (a) provide for Your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for You to make such access and connection to the World Wide Web, including a computer, software and a means of connecting to or accessing the Internet. Direct Seats shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from Your use of the Website.

Website Content

This Website contains content, including but not limited to that which is protected by trademarks, service marks, trade names, copyrights and other intellectual property rights owned by Direct Seats and others (“Website Content”). As between You and Direct Seats, Direct Seats is either the sole owner of all rights or has right to use Website Content. Except as otherwise expressly provided herein, Your use of the Website does not grant to You a license to any Website Content. You may not download, archive or save a copy of the Website for any purpose, except You may download, print or make copies of individual screens and documents appearing as part of the Website solely for Your own internal business purposes, provided that any marks, logos or other legends that appear on such screens and documents remain on, and are not removed from the downloaded, printed or stored screens or documents. Except as expressly permitted in these Terms of Use, You may not modify, copy, publish, translate, display, transmit, distribute, transfer, frame, adapt, create derivative works from or in any way exploit the Website Content. Any commercial exploitation of the Website or the Website Content is strictly prohibited.

Peer Groups; Visitor Content

Direct Seats may make available certain public and/or private forums such as bulletin boards, email lists, blogs, or chat rooms (collectively, “Peer Groups”) on the Website. Use of any Peer Group is subject to these Terms of Use, the Privacy Policy, and any other notice or policy applicable to a particular Peer Group or Peer Groups in general. Information, data, text, music, sound, photographs, graphics, video, messages and other content and materials that You may post to the Website via e-mail, uploading, posting, chat room, bulletin board or otherwise, or that You otherwise supply to Direct Seats shall be referred to herein as “Visitor Content.” Visitors should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on or through Peer Groups, that such information is generally accessible to and may be collected and used by others and Direct Seats and may result in unsolicited messages from other people. Visitors of the Website are encouraged to exercise caution when providing personal information about themselves. You agree that Direct Seats takes no responsibility and that You are solely responsible for the origination, accuracy, completeness, ownership, publication and dissemination of, and that You, and not Direct Seats, are entirely responsible for, Your Visitor Content. By submitting or sending Visitor Content to the Website or Direct Seats You represent and warrant that such Visitor Content is original to You, that no other party has any rights to such Visitor Content and that such Visitor Content does not violate, infringe or misappropriate any third party right or applicable law.

Subject to any confidentiality obligations of Direct Seats with respect to Your use of the Online Services, by submitting or sending Visitor Content to Direct Seats or otherwise making Visitor Content available for display on or through the Website, You grant Direct Seats the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Visitor Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in connection with the Website. You also warrant that any “moral rights” in posted materials have been waived.

Direct Seats does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from You through the Website, any of its services, by e-mail, or in any other way, and any information or material submitted or sent to Direct Seats will be deemed not to be confidential or secret. You agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that You submit or otherwise communicate to the Website, may be used by Direct Seats in any manner.

Direct Seats (or a designee) reserves the right (but assumes no obligation) to, at its sole discretion, refuse, edit or remove any Visitor Content, in whole or part, that, in Direct Seats sole judgment, does not comply with these Terms of Use, is illegal, or is otherwise undesirable, inappropriate or inaccurate. Direct Seats is not responsible for any failure, non-failure or delay in refusing, editing or removing such Visitor Content.

Visitor Conduct

You may not upload, post, e-mail or otherwise transmit any Visitor Content on or through the Website that: (i) infringes any proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, sexually graphic, invasive of another’s privacy, or hateful; (iii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity.

You further agree that You will not: (i) use the Website, or any part thereof, to “stalk” or harm any other Visitor or any other person in any way; (ii) impersonate any person or entity, including but not limited to a Direct Seats officer, director, or representative, or falsely state or otherwise misrepresent Your identity or affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Visitor Content transmitted on or through the Website; (iv) disrupt the normal flow of dialogue in a Peer Group; (v) interfere with or disrupt the Website or servers or networks connected to the Website, or the use thereof, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (vi) “hack,” infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Website; (vii) harvest, collect or store information about the Visitors of this Website, the Visitor Content posted by others on this Website or any other data or information on this Website, or use such information for any purpose inconsistent with the purpose of this Website; (viii) breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Website or that of any third party that is hosting or interfacing with any part of the Website; (ix) create any frames at any other websites containing or incorporating the Website or any Website Content; or (x) violate any applicable local, state, national or international law or regulation. You agree to maintain the strict confidentiality of any passwords issued to You for Your use or access to the Website, the Online Services, or any portion of either of the foregoing, and You agree not to allow any other entity to use any username(s) or password(s) that are issued to You.

Linked Sites

You may be able to link to third parties’ websites (“Linked Sites”) from the Website. Linked Sites are not necessarily reviewed, controlled or examined by Direct Seats in any way and Direct Seats is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Direct Seats endorsement of or association with the Linked Sites.

Privacy Policy

You must read the Privacy Policy, which is incorporated by reference into these Terms of Use.

Disclaimer

You must read the Disclaimer, which is incorporated by reference into these Terms of Use.

Disclaimer of Warranties

THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, DIRECT SEATS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES, AND THE CONTENT THEREON; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION ON THE WEBSITE SHALL IN NO EVENT BE CONSIDERED OR RELIED UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE AND CONSULT OF A LICENSED ATTORNEY.

IN NO EVENT WILL DIRECT SEATS BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, OR ANY LINKED WEB SITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF DIRECT SEATS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR DAMAGES.

IN NO EVENT WILL DIRECT SEATS WARRANT OR GUARANTY THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE OF ANY INFORMATION, PRODUCTS, OR SERVICES ON THIS WEBSITE.

Limitation of Liability

IN NO EVENT SHALL DIRECT SEATS ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF DIRECT SEATS OR SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN VISITORS. IN NO EVENT SHALL DIRECT SEATS BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY VISITOR OR OTHER PERSON ON OR THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF DIRECT SEATS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND USE OR YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES AND WEBFILE, EXCEED, IN THE AGGREGATE, THE AMOUNT OF WEBSITE USE FEES, IF ANY, PAID BY YOU TO DIRECT SEATS TO USE THE WEBSITE.

Maintenance of Accounts, Website and Online Services

Direct Seats may, at any time, temporarily limit or suspend in whole or in part, a Visitor’s access to the Website if such Visitor is in breach, or if Direct Seats has reason to believe such Visitor is in breach, of these Terms of Use. Direct Seats may change, add or remove any of the services or features available on the Website, or may discontinue the Website as a whole, at any time. Direct Seats shall not be responsible for any outages, technical failures or defects in the Website, including but not limited to the Online Services.

Visitor Warranties

You represent and warrant that Your use of the Website shall be in accordance with these Terms of Use and all applicable laws, statutes, rules, regulations, ordinances and policies of all applicable worldwide jurisdictions.

Visitor Indemnification

By agreeing to use the Website, You agree to defend, indemnify and hold Direct Seats its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from Your use of the Website, any violation of these Terms of Use by You, or any Visitor Content You post on or through the Website.

Governing Law / Jurisdiction

You fully agree and understand that the governing law for use of this website is the State of Texas and the jurisdiction is Dallas County, Texas with no regard for any conflict of law provision.

Direct Seats