Layaway Plan Terms and Conditions
The following terms and conditions apply if you choose a layaway layaway plan (a "Layaway Plan") in connection with any events purchased on this site. The words "you" and "your" mean the person purchasing tickets or passes and any other goods or services including lodging purchased with the tickets or passes (collectively, "Passes") pursuant to the Layaway Plan, and "FGT," "we," "us" and "our" mean Front Gate Ticketing Solutions, LLC. Please print a copy of these terms and conditions or save a copy to your computer for your records. The Layaway Plan is a layaway plan and is not a credit sale or other extension of credit.
We charge you a Layaway Plan Fee of CDN$20.00 (the "Processing Fee ") at the time you enter into your Layaway Plan. You acknowledge and agree that the Processing Fee is fully earned upon payment and is non-refundable, including without limitation if you fail to complete your Layaway Plan.
The Layaway Plan provides for an initial payment at the time you enter into the Layaway Plan and a certain number of additional payments to complete your layaway plan and receive the Passes. The percentage or amount of the initial and additional payments, and the number and due dates of the additional payments, are disclosed when you select a Layaway Plan on our web site.
YOU UNDERSTAND THAT YOU MUST MAKE EACH PAYMENT BY ITS DUE DATE IN ORDER TO COMPLETE YOUR LAYAWAY PURCHASE AND RECEIVE THE PASSES. IF YOU FAIL TO MAKE ANY PAYMENT BY ITS DUE DATE, YOU UNDERSTAND AND AGREE THAT YOUR LAYAWAY PLAN WILL AUTOMATICALLY TERMINATE, YOU WILL NOT RECEIVE THE PASSES, AND THE PASSES MAY BE SOLD TO OTHERS. YOU FURTHER UNDERSTAND THAT YOU WILL RECEIVE A REFUND OF ANY PAYMENTS YOU HAVE MADE PRIOR TO THE TERMINATION DATE (EXCLUDING THE PROCESSING FEE) LESS AN AMOUNT EQUAL TO CDN$7.00.
Automatic Payment Authorization: You authorize us to automatically charge to the payment card number and expiration date and other payment method information you provided (collectively, the "Payment Method") the Processing Fee and the amount of each payment under your Layaway Plan on or about the due date thereof. Each charge will be processed in Canadian Dollars and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate. Because of the consequences of failure to make a payment on time discussed above, you agree that you are responsible for notifying us immediately of any change in your Payment Method, including without limitation if your payment card number or expiration date changes or if your payment card is lost or stolen and replaced with a new payment card. You agree to update your Payment Method by logging onto your account with FGT.
Individual Arbitration Agreement and Class Action Waiver
You and we each may elect to resolve any and all claims and disputes relating in any way to this Agreement or our dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
If you or we elect to resolve a dispute by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you and we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF ANY PARTY ELECTS ARBITRATION, THAT DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the federal judicial district where you reside, or in another location on which we agree. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to anyone for whom you purchase passes and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
We will be responsible for paying all arbitration fees other than the lower amount of filing fees you would have incurred in a state or federal court in the jurisdiction of your residence. Notwithstanding any other provision herein, you or we may seek relief in a small claims court for Claims within its jurisdiction. In addition, you and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Agreement. You must send your request to firstname.lastname@example.org. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Layaway Plan.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.
Consent to Electronic Contracting and Communications
You agree to receive the Authorization and any associated documents along with this Consent through the Front Gate Tickets website. You may refuse to agree to this Consent by not choosing “I agree to these terms” signifying that you agree to these terms. If you do not agree to this Consent we will not be able to set up the applicable Layaway Plan described above. You agree to print and/or save the Authorization.
Hardware and Software Requirements. To obtain, print and save the Authorization, you must have access to: a personal computer or equipment widely-used, recent-generation web browser and a printer capable of printing from your computer or equipment. Your ability to read and agree to this Consent demonstrates that you have the necessary hardware and software to receive and save the Authorization.
Paper Copies. Upon your request, we will provide you with a paper copy of the Authorization that we have provided to you electronically. If you would like a free paper copy of the Authorization please call us toll free at 512-674-9300 or e-mail us at http://support.frontgatetickets.com/.
By choosing “I agree to these terms” below, you agree to purchase the Pass(es) using the Layaway Plan and you agree to the Arbitration Agreement, the Authorization and the Consent to Electronic Contracting and Communications. If you do not wish to purchase the Pass(es) using the Layaway Plan, or you do not agree to the Arbitration Agreement, the Authorization or the Consent to Electronic Contracting and Communications do not choose “I agree to these terms”. As used in the Arbitration Agreement, the Authorization and the Consent to Electronic Contracting and Communications, “we,” “our,” and “us” mean Front Gate Tickets and its successors, assigns and agents.
CONSENT TO ELECTRONIC COMMUNICATIONS
By choosing “I agree to these terms” below, you consent to receive disclosures from us electronically through this web site under the terms set forth in this Consent. You agree that we may provide electronically any and all communications concerning your tickets and/or any layaway plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the tickets and any layaway plan but also to any ancillary agreement related to these and to any future tickets or layaway plans you may obtain through us.
To electronically receive and view and electronically save or print the Disclosures, you must have: a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software.
Prior to your purchasing the tickets, you may withdraw your consent to receipt of electronic disclosures by exiting this website. If you do this, you will not be able to purchase tickets from us. To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to us through http://support.frontgatetickets.com/ or call 512-674-9300. Include your name, address, and invoice number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you. To update any contact information we have on file for you, please call 512-674-9300.