Coachella 2027 - Terms and conditions
TERMS AND CONDITIONS OF USE
English (U.S.)
Last updated and effective: 11/26/2025
OVERVIEW
Welcome! This website or service is owned and operated by or on behalf of Anschutz Entertainment Group, Inc. or another member of the AEG Companies, as defined below (“AEG,” “us,” “our,” or “we”). These Terms and Conditions of Use (“Terms of Use”) apply to all of our “Digital Services,” which include the following, to the extent operated by or on behalf of any AEG Company:
- Our websites, including any subdomains and subpages;
- Our mobile applications (“Mobile App(s)”);
- Our email, online advertising, and SMS/text message marketing;
- Our social media pages;
- Any content we make available on or through our Digital Services;
- Any technology products or services operated, or that you may interact with, at our Events and Venues (defined below), such as on premise WiFi, Bluetooth beacons, and interactive kiosks; and
- All other online or technology services offered by AEG Companies.
Please read these Terms of Use carefully before you use our Digital Services. THROUGH YOUR USE OF ANY DIGITAL SERVICE, YOU AGREE TO THESE TERMS OF USE. These Terms of Use apply to your use of all Digital Services, regardless which Digital Service you used when agreeing to these Terms of Use. If you do not agree to these Terms of Use, do not use our Digital Services.
ARBITRATION AND CLASS WAIVER NOTICE: Please note that these Terms of Use require you to arbitrate disputes, and you waive your right to bring claims as part of any class action or other representative action (see “Dispute Resolution, Arbitration. Class Waiver” section below). Through your agreement to these Terms of Use, and subject to the limited exceptions described below: (i) you and each of the AEG Companies agree to resolve through binding, individual arbitration, and not in court, any and all disputes arising from or relating to these Terms of Use, the Digital Services, or any other services or products provided, sold, purchased, managed, operated, or fulfilled by AEG; and (ii) you and each of the AEG Companies each expressly waive any rights to enforce this agreement in court or as a class, or otherwise as part of a collective or representative action, subject to the limited exceptions described below. THIS MEANS THAT ALL DISPUTES WILL BE DECIDED BY AN ARBITRATOR AND YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY. AS WELL AS THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION, OR ANY OTHER FORM OF REPRESENTATIVE ACTION.
WHO WE ARE
AEG, its affiliates, subsidiaries and related companies under the AEG brands (collectively, “AEG Companies,”) are the owners, operators, or producers of various sports and live entertainment venues, events, programs, and properties (collectively, “Events and Venues”), professional sports teams, and other organizations. References to AEG Companies include (without limitation):
- AEG-owned or operated facilities and venues (such as Crypto.com Arena (Los Angeles, CA), Dignity Health Sports Park (Carson, CA), Resorts World (Las Vegas, NV), Kinecta Soccer Center (Torrance, CA), Toyota Sports Center (El Segundo, CA));
- AEG-owned sports teams (including the LA Galaxy (MLS), LA Galaxy II (MLS Next Pro), the LA Kings (NHL), and Ontario Reign (AHL));
- AEG Presents, Goldenvoice, The Messina Group, Concerts West, The Bowery Presents, Madison House Presents, Zero Mile Presents, PromoWest, Winter Circle Productions, Frontier Touring, and each of their owned or operated venues and festivals (e.g., Coachella, Stagecoach, Electric Forest, Hangout Music Festival, and others listed here);
- CMN Events;
- Other current and future AEG affiliates and subsidiaries.
PRIVACY POLICY
Our Privacy Policy describes the information we collect and process when you and others use our Digital Services or otherwise interact with us, as well as how we use the information, and some of the steps we take to protect your privacy. By using any of our Digital Services, you are also representing that you have read and understand our Privacy Policy.
BINDING CONTRACT
You acknowledge and agree that these Terms of Use are a contract between you and Anschutz Entertainment Group, Inc., a Delaware corporation located at 800 West Olympic Blvd., Suite 305, Los Angeles, CA 90015. As a condition of your right to use our Digital Services, you represent that you are of legal age to enter into a binding contract, that you have read and agree to be bound by these Terms of Use, and that you are not a person barred from accessing the Digital Services under the laws of the United States or any other country.
Our Digital Services are not intended for use by individuals under the age of 18. If you are under the age of 18, then please do not use the Digital Services.
OTHER AGREEMENTS
These Terms of Use apply in addition to any other supplemental or specific agreements between you and AEG, such as content licenses or agreements relating to your attendance at our Events and Venues. If, and only to the extent any supplemental or specific agreements conflict with these Terms of Use, those supplemental or specific agreements will control.
THIRD-PARTY SERVICES AND CONTENT
Our Digital Services are intended primarily for informational purposes. For example, we provide information about our Events and Venues, our Digital Services, AEG, our partners and sponsors, and we may provide links for you to purchase tickets through third party ticketing services. When you purchase tickets through third party ticketing services, you agree to their terms of use, including in the case of AXS, the AXS Terms of Use (available here).
Your use of these features and other content or services provided by third parties—including third-party links to other websites on the internet—are not governed by these Terms of Use. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties, except to the extent we receive data from those parties under our Privacy Policy.
You further acknowledge that any reliance on representations and warranties provided by any party other than AEG will be at your own risk, and are not binding on AEG. You expressly agree to hold us harmless for any claims of damage arising from any content, product, or service provided by any third party or use of your information by those third parties. Your use of those third-party websites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.
RESTRICTED ACTIVITIES
You may not engage in any of the following with regard to the Digital Services (including without limitation posting or transmitting content through the Digital Services), and you agree not to:
(1) violate or encourage the violation of any local, state, national, or international law or regulation;
(2) collect or store personal data about other users of our Digital Services or solicit personal data from any individual;
(3) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(4) send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by AEG in its sole discretion;
(5) attempt to infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
(6) modify the digital services, remove, obscure, or modify any branding, trademarks, proprietary rights notices, licenses
(7) promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
(8) disrupt or interfere with the security or use of the Digital Services or any Digital Services or content linked to them;
(9) interfere with or damage the Digital Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Digital Services;
(10) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) any AEG Companies, or create or use a false identity;
(11) attempt to obtain unauthorized access to the Digital Services or portions thereof that are restricted from general access;
(12) circumvent or disable any content controls, digital rights management, or other copyright or use restriction used in connection with the Digital Services, Content, or User Content;
(13) circumvent or ignore industry recognized signals that request that you limit how you access our use our Digital Services, e.g. header tags, or similar;
(14) use any meta tags or any other “hidden text” utilizing any of the AEG Companies’ names, trademarks, or product names;
(15) attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Digital Services;
(16) engage in any activity that interferes with any third party’s ability to use or enjoy the Digital Services; or
(17) assist any third party in engaging in any activity prohibited by these Terms of Use.
Further, unless and solely to the extent we grant you our prior express written consent, you may not:
(1) reproduce, duplicate, copy, sell, resell, modify, exploit for any commercial purpose, or perform the Digital Services, Content or User Content;
(2) access, monitor, copy or extract information, Content, User Content, or other material from the Digital Services, or use any high-volume, automated, scripted, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Digital Services; the foregoing restriction prohibits your use of our Digital Services in connection with the development or training of any artificial intelligence models, tools, algorithms, software, or other similar products, as well as all data mining and web scraping, and otherwise compiling, building, creating or contributing to any collection of data, data set or database from our Digital Service, except that a public search engine may index the Digital Services unless we prohibit it (e.g. via robots.txt); or
(3) deep link to the Digital Services for any purpose; or frame the Digital Services, place pop-up windows over any content, or otherwise affect the display of the Digital Services.
COPYRIGHT AND TRADEMARK INFORMATION
All content, copyrights and other intellectual property rights in the content or other material available on our Digital Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by AEG, with all rights reserved, or in some cases may be licensed to AEG by third parties. This Content is protected by the intellectual property rights of AEG or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the Digital Services of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with AEG.
PERMITTED USE OF THE CONTENT
Any use of Content on the Digital Services, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of AEG, is strictly prohibited. With the exception of search engines (as provided above), you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of AEG.
You may use the Content solely for your personal, non-commercial uses, and only as expressly provided herein, unless and solely to the extent we give your prior written consent for another use. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of Content owned by any third parties which is available on the Digital Services, without the express consent of those third parties.
You are prohibited from accessing the Digital Services or any Content for the purpose of creating, training, building, modifying, testing, benchmarking, fine-tuning, or otherwise in connection with the operation of any artificial intelligence, machine learning, algorithmic, or similar system, tool, model, or technology.
LINKS TO THE DIGITAL SERVICES
You are hereby licensed to create hyperlinks to Content on the Digital Services, provided that the hyperlink accurately describes the Content to which it links. If you include links to our Digital Services on your Digital Services, when the link is clicked, the applicable page within our Digital Services must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Digital Services, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by AEG. Under no circumstances may you “frame” all or any portion of the Digital Services or copy portions of the Digital Services to a server, except as part of an internet service provider's incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.
CONTENT COMPLAINTS
If you believe that any Content on our Digital Services violates these Terms of Use or is otherwise inappropriate, please report the content by contacting us by mail at AEG Corporate Headquarters, 800 West Olympic Blvd., Suite 305, Los Angeles, CA, 90015, or send an email to privacypolicy@aegworldwide.com.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find content posted on our Digital Services which you believe to be an infringement of the copyright ownership or other intellectual property rights belonging to you or any third party, you are requested to immediately contact AEG’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"):
Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
(1) a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
(2) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
(3) if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
(4) a description of the infringing material and the URL where such material is located on the Digital Services, or a description of where on our Digital Services you found such material;
(5) your written statement that you believe, in good faith, that the use of the work on our Digital Services has not been authorized by the true owner of the work, its agent, or as a matter of law; and
(6) a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
AEG Corporate Headquarters
800 West Olympic Blvd., Suite 305
Los Angeles, CA 90015
E-mail: privacypolicy@aegworldwide.com, subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of AEG to terminate use of our Digital Services by repeat infringers in appropriate circumstances.
USER-SUBMITTED CONTENT
Any content uploaded, posted, submitted, or otherwise made available by individual users of the Digital Services, including without limitation blog comments, message board posts, and any other content which does not originate with AEG (“User Content”), is the sole responsibility of the person who made such User Content available on the Digital Services. Under no circumstances will any AEG Parties be liable in any way for any User Content made available through this Digital Services by you or any third party.
Since AEG does not control the User Content posted on the Digital Services, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Digital Services, you may encounter content that you may consider to be objectionable. AEG has no responsibility for any User Content, including without limitation any errors or omissions therein. AEG is not liable for any loss or damage of any kind incurred as a result of any User Content on the Digital Services.
User Content is owned by the author thereof, and the AEG does not claim ownership of original works created and posted by individual visitors to this Digital Services. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Digital Services, you are granting the AEG Parties an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
AEG reserves the right (but has no obligation), in its sole discretion, to pre-screen, edit, refuse, move or remove any User Content that is posted on the Digital Services. You agree that the exercise by AEG of such discretion shall not convert or transform User Content to content owned or provided by AEG, and the user who made such User Content available on the Digital Services will retain ownership thereof as described below.
As required by California Law, we permit minors under the age of 18 to request the deletion of any content or information that the minor has posted on our Digital Services. To request the removal of content or information you have posted on our Digital Services, please send a letter or email to the address below with (i) your name, (ii) a complete description of the content you would like removed, and (iii) the web address(es) of the content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the content or information you have posted on our Digital Services.
TEXT MESSAGING
You may participate in one or more texting programs administered by or on behalf of the AEG Companies. By participating in such programs, you are agreeing to receive recurring autodialed marketing messages at the mobile number that you have provided when you enrolled. Your consent to participate in any such program is not a condition of any purchase. Your mobile carrier's message and data rates may apply depending on the terms and conditions of your mobile phone contract, and you are solely responsible for all message and data charges that you incur. For help, you may text HELP to the number from which you received the message.
If you no longer want to receive text messages from us, the sole and exclusive remedy is to end enrollment in the specific texting program by texting STOP, OPT-OUT or other supported opt-out phrase to the number from which you received the SMS message. After texting STOP you will receive one additional message confirming that your request has been processed. Note that opt-outs only may apply to specific SMS campaigns, and you may be required to opt-out of individually from other marketing communications from AEG Companies. See our Privacy Policy for more information regarding your choices regarding marketing communications.
In the event that you change or deactivate your mobile number it is your responsibility to notify us by sending an email to privacypolicy@aegworldwide.com. We are not liable for any communication or transmission of information by text which happens because you did not report that your mobile number changed.
We reserve the right to alter message frequency at any time, i.e. we may change the frequency of texts that you receive under any program. We will notify you via text if we make material changes the frequency indicated when you subscribed, and if required, we will provide you with the opportunity to opt out. We also may discontinue any of our text messaging programs without notice or liability to you, and we reserve the right to cease delivery of text messages to any person at any time in our sole discretion.
Our text messaging programs are offered on an "as is" basis and may not be available via all carriers. We do not guarantee the successful delivery of text messages by your wireless provider. Messages sent by text may not be delivered if the mobile device is not in range of the subscriber’s network or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient's equipment. We will not be liable for any losses or damages arising from (a) our text messaging programs, (b) non-delivery, delayed delivery, or misdirected delivery of a text message; (c) inaccurate or incomplete content in a text message; or (d) use or reliance on the content of any text message for any purpose. The wireless carriers are not liable for any delayed or undelivered text messages.
See our Privacy Policy for more information about our processing of personal data in connection with our text messaging programs.
PROVIDING FEEDBACK TO AEG
We welcome your comments and feedback about our Digital Services. All information and materials submitted to the AEG through the Digital Services or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Digital Services or the business of the AEG (collectively, “Feedback”), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but AEG reserves the right to treat any such Feedback as the confidential information of the AEG.
By submitting Feedback to AEG, you assign to the AEG Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The AEG Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE AEG COMPANIES, AND EACH OF THEIR RESPECTIVE SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, SHAREHOLDERS, LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “AEG PARTIES”), EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO OUR DIGITAL SERVICES AND UNDER THESE TERMS OF USE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. THE DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE DIGITAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE AEG PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS, PAYMENT METHODS, OR COMMUNICATIONS.
UNDER NO CIRCUMSTANCES, WILL ANY AEG PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF THE DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES OR OTHERWISE UNDER THESE TERMS OF USE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS, OR LOSS OR MISUSE OF PAYMENT OR FINANCIAL ACCOUNT DATA. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY AEG PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AEG PARTIES ARISING UNDER OR IN RELATION TO THESE TERMS OF USE IN SUCH CIRCUMSTANCES, WHETHER TO YOU OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU, FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE THAT YOU MAY HAVE OR MAY IN THE FUTURE HAVE CLAIMS AGAINST US WHICH YOU DO NOT KNOW OR SUSPECT TO EXIST IN YOUR FAVOR WHEN YOU AGREED TO THESE TERMS AND WHICH IF KNOWN, MIGHT MATERIALLY AFFECT YOUR CONSENT TO THESE TERMS. YOU EXPRESSLY WAIVE ALL RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE AEG PARTIES’ TOTAL AGGREGATE LIABILITY ARISING UNDER OR IN RELATION TO THESE TERMS OF USE TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE WHERE SUCH LIABILITY CANNOT BE LIMITED.
INDEMNIFICATION
You agree to indemnify and hold the AEG Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of any Service, Content, or User Content, including without limitation your actual or alleged violation of these Terms of Use, or actual or alleged infringement of a third party’s intellectual property or other rights by you or another user of our Digital Services using your computer or account.
DISPUTE RESOLUTION, ARBITRATION, CLASS WAIVER
DISPUTE RESOLUTION AGREEMENT (INCLUDING MANDATORY ARBITRATION AGREEMENT, AGREEMENT TO PROCEED IN SMALL CLAIMS COURT, AND CLASS ACTION AND JURY TRIAL WAIVER)
(Not applicable to Quebec consumers)
Please carefully review this section. By continuing to use the Digital Services, you are agreeing to: (i) resolve any Dispute (defined below) with AEG through binding arbitration (subject to the limited exceptions described below); (ii) waive your rights to a jury trial (to the extent permitted by law); and (iii) waive your right to participate in any class action lawsuit or other consolidated action (the "Dispute Resolution Agreement").
Except for Excluded IP Claims, you agree that any dispute, claim, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, negligence, intentional tort, injunctive and equitable claims) arising out of or relating in any way to (1) these Terms of Use (including any alleged breach of these Terms), (2) your access to or use of the Digital Services or any products, services, or information you receive through our Digital Services, and/or (3) your relationship with any AEG Companies (each, a "Dispute") shall be resolved only on an individual basis either by (A) confidential, binding arbitration in Los Angeles County, California, USA or in the county located within the USA in which you reside, or (B) subject to applicable jurisdictional requirements and limitations and the requirements set forth below, in small claims court in Los Angeles County, California, USA or in the county located within the USA in which you reside. "Dispute" as used in this Dispute Resolution Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior agreement and claims that arise during the term of this Dispute Resolution Agreement or after the termination of this Dispute Resolution Agreement.
Exception for Intellectual Property Claims
Notwithstanding the foregoing arbitration requirement, this Dispute Resolution, Arbitration, Class Waiver section does not apply with regard to any actual or alleged infringement, or the enforcement or ownership of AEG’s intellectual property, in respect of which we may seek injunctive or other appropriate relief in the state or federal courts of Los Angeles, California, USA, as applicable, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto (“Excluded IP Claims”).
30-Day Right to Opt Out
You have the right to opt out of this Dispute Resolution Agreement by sending us written notice, within 30 days from your first use of our Digital Services, to the following email address: privacypolicy@aegworldwide.com. You must include information in your opt-out notice sufficient to identify you, such as the email address or phone number associated with your account(s) on our Digital Services (if applicable), and a statement that you are opting out of this Dispute Resolution Agreement. If you opt out of this Dispute Resolution Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Dispute Resolution Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Informal Dispute Resolution Process (Step 1)
If you have a Dispute with AEG ("Your Dispute"), before formally pursuing Your Dispute in small claims court or arbitration, you agree to first follow this Informal Dispute Resolution Process. You must first send a notice ("Notice") to AEG at privacypolicy@aegworldwide.comor to the physical address noted in the Contact Information Section below. This Notice must contain the following information: (i) your full name; (ii) information that enables AEG to identify your account, your address, mobile phone number and email address; and (iii) a detailed description of Your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any).
Unless otherwise set forth in these Terms, where prior Notice to you shall not be sent, if AEG has a Dispute with you ("AEG's Dispute"), before formally pursuing AEG's Dispute, AEG agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, such other contact information associated with your account. AEG's Dispute Notice must likewise set forth a detailed description of AEG's Dispute, including the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any).
You and AEG agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, AEG may request a telephone or video conference (by way of example, but not limited to, Zoom or Teams) with you to discuss Your Dispute, and you agree to personally participate, with the option of having your attorney participate if you are represented by counsel. Likewise, you may request a telephone or video conference to discuss AEG's Dispute with you, and AEG agrees to have one representative participate. If the Dispute is not resolved within 30 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or AEG may initiate an arbitration (subject to either Party's right to elect small claims court as provided below).
Completion of this informal dispute resolution process is a condition precedent to filing any demand for arbitration or small claims court action. The statute of limitations and any filing fee deadlines will be tolled while you and AEG engage in this informal dispute resolution process. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action accordingly.
Dispute Resolution Through Small Claims Court (Step 2a)
Notwithstanding the foregoing, either you or AEG may elect to have the Dispute resolved in small claims court located in (i) the county where you reside; or (ii) Los Angeles County, California, where AEG resides. Any Dispute elected to be resolved in small claims court shall be governed and construed in accordance with the laws of the state in which the Dispute occurred. If the request to proceed in small claims court is made by either Party after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration shall be administratively closed by the arbitration provider (e.g., JAMS). With the exception of Questions of Arbitrability, which shall be exclusively resolved by the arbitrator, the small claims court shall have the authority to resolve any Dispute within its jurisdiction. Any controversy over the small claims court's jurisdiction shall be exclusively determined by such small claims court. The Parties to a small claims court action have the right to seek equitable and/or injunctive relief from a court of competent jurisdiction. No determinations made by a small claims court shall have preclusive effect in any proceeding involving AEG and anyone other than you. In the event such small claims court specifically determines that it is without jurisdiction to hear the Dispute, you and AEG shall arbitrate the Dispute under the terms of this Agreement. With any filing in small claims court, you must include a certification that you have complied with and completed the Informal Dispute Resolution Provision Process above.
Dispute Resolution Through Arbitration (Step 2b)
Unless you or AEG elect to have the Dispute resolved in small claims court or you timely opt-out of the Dispute Resolution Agreement, any Dispute shall be exclusively resolved through binding individual arbitration. Interpretation and enforcement of this Dispute Resolution Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. Any arbitration between you and AEG shall be administered by Judicial Arbitration and Mediation Services ("JAMS") in accordance with the rules and procedures provided under JAMS Comprehensive Arbitration Rules & Procedures (the "JAMS Rules"), or any other applicable rules and procedures provided by JAMS that govern the subject-matter of the Dispute, that are in effect at the time any demand for arbitration is filed with JAMS. You are encouraged to review the JAMS Rules, which are available here. Except as expressly provided below in this Section, the JAMS Rules shall govern all arbitration fees and costs. Each Party has the right to use legal counsel in connection with arbitration, at its own expense.
If JAMS is unable or unwilling to perform its duties under this Agreement, the Parties shall mutually agree on an alternative arbitration provider that will replace JAMS and assume JAMS's role consistent with this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider's rules. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration provider who will assume JAMS's duties under this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider's rules.
Commencing Arbitration. To initiate an arbitration, you or AEG shall submit to JAMS a demand for arbitration ("Demand for Arbitration") that describes the claim(s) and request for relief in detail, consistent with the JAMS Rules. You must include a certification that you have complied with and completed the Informal Dispute Resolution Provision Process above. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). Neither party will be responsible for any arbitration-associated payments, including any applicable filing or initiation fees, until these requirements have been satisfied.
Administrative Termination of Arbitration. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively terminate any such demand for arbitration that (i) fails to exhaust the Informal Dispute Resolution Provision Process as set forth in the Informal Dispute Resolution Process Section above, or (ii) if either Party elects small claims court as set forth in the Dispute Resolution Through Small Claims Court Section above.
Arbitrator. The arbitration shall be conducted by a single, neutral, arbitrator (the "Arbitrator"). If the parties are unable to agree upon an arbitrator within thirty (30) days of submitting the Demand for Arbitration, the parties agree that an arbitrator will be appointed in accordance with the JAMS Rules.
Authority of Arbitrator. Except otherwise set forth in the Dispute Resolution Through Small Claims Court Section above, the Arbitrator shall have exclusive authority to resolve any Dispute. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including, without limitation, whether the Terms of Use (including this Dispute Resolution Agreement) are applicable, enforceable, unconscionable, or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel (collectively, "Questions of Arbitrability"). In addition, and consistent with the JAMS Rules , the Arbitrator shall have the authority to, among other things, (i) permit the exchange of discovery; (ii) grant the filing of dispositive motions, upon a showing of good cause; (iii) issue a final, written, decision that specifies the relief, if any, awarded and contains a brief statement of the reasons for the award; and (iv) award fees and costs as provided by the JAMS Rules or to the extent such fees and costs could be awarded in court. The Parties agree that any arbitration award shall only be binding between you and AEG and will not have any preclusive effect in another arbitration or proceeding that involves a different Party and AEG. Judgment on the arbitration award may be entered in any court having jurisdiction.
Confidentiality. Upon a showing of good cause, the Arbitrator has the authority to issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed, except in connection with the arbitration or a proceeding to confirm or vacate the arbitration award, and that any permitted court filing of confidential information must be made under seal.
Mass Filings and Batch Arbitrations. To increase the efficiency of administration and resolution of arbitrations, the Parties agree that in the event there are twenty-five (25) or more similar individual Demands for Arbitration filed against AEG ("Mass Filing"), the parties agree to follow the rules and procedures set forth under JAMS's Mass Arbitration Supplementary Rules that are in effect at the time any demand for arbitration is filed with JAMS (the "JAMS Mass Filing Rules"). You are encouraged to review the JAMS Mass Filing Rules, which are available here. The JAMS Mass Filing Rules shall govern all arbitration fees and costs associated with Mass Filings. To the extent there is a dispute as to whether the JAMS Mass Filing Rules and this Section apply, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of this Mass Filing and Batch Arbitration process.
Arbitration Venue. The parties agree that the arbitration will be filed in a JAMS office in (i) the county closest to where you reside; or (ii) Los Angeles County, California.
Hearings. Absent a showing of good cause or otherwise agreed upon by the Parties, the Parties agree to conduct all hearings via video conference.
Waiver of Jury Trial. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND AEG EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT.
Waiver of Class and Other Non-Individualized Relief. EXCEPT AS PROVIDED IN THE OPT-OUT SECTION ABOVE, YOU WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST ANY AEG COMPANIES OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF). THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY'S CLAIM, EXCEPT THAT THE ARBITRATOR MAY ISSUE INJUNCTIVE AND/OR DECLARATORY RELIEF. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS, EXCEPT IN THE FORM OF A PUBLIC INJUNCTION AND/OR DECLARATORY RELIEF IF SUCH PUBLIC RELIEF IS AVAILABLE UNDER A STATUTE THAT IS THE SUBJECT OF THE DISPUTE.
Venue. In the event the above Dispute Resolution Agreement is for any reason held to be unenforceable or is otherwise deemed inapplicable, any litigation against AEG may be commenced only in the federal or state courts located in (i) the county and state in which you reside; or (ii) Los Angeles County, California. You hereby irrevocably consent to those courts' exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.
MODIFICATIONS AND INTERRUPTION TO THE DIGITAL SERVICES
We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
EXPORT CONTROLS
You may not access or use our Digital Services in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Digital Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law, and you are responsible for compliance with any such laws. We make no representation that our Digital Services is appropriate, legal or available for use outside of the United States. You may not use our Services in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. By using any of our Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
CHANGES TO THESE TERMS
We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Digital Services, without further notice to you. Your continued use of any of our Digital Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.
OTHER TERMS
If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of AEG.
You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Digital Services.
You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding our Digital Services, constitutes the entire agreement between you and AEG regarding your use of the Digital Services, and that any other prior agreements between you and AEG are superseded by these Terms of Use.
Any failure by AEG to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Digital Services or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of our Digital Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
YOUTUBE API REQUIRED TERMS
We incorporate YouTube API to display certain content on our Services. By using the Services, are agreeing to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).
MOBILE DEVICES AND THIRD-PARTY RESTRICTIONS
If you access our Digital Services on mobile devices or in our Mobile App, you understand that your mobile carrier's standard charges will apply. When you download our Mobile App, you will also be subject to any terms imposed by the "store" through which you obtain the Mobile App, if any (e.g. the Apple App Store or Google Play Store, or others).
Any Mobile app installed from the Apple App Store, Google Play Store, or other app "store" must be installed on a device you control or own and must be used in accordance with any applicable terms from the Apple App Store or other store. The following terms are required by Apple and are applicable if you install our Mobile App from the Apple App Store:
AEG, not Apple, is responsible for:
(1) The content in the Mobile App;
(2) Maintenance or support of the Mobile App;
(3) Any product warranties, whether express or implied;
(4) Addressing any claims of the end-user or any third party relating to the Mobile App or the end-user's possession and/or use of that Licensed Application, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and,
(5) The investigation, defense, settlement and discharge of any third party claim that the Mobile App or your possession and use of that Mobile App infringes a third party's intellectual property rights.
Further, if you install our Mobile App from the Apple App Store, you acknowledge that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and you will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.
CONTACT US
If you have any questions about these Terms of Use, please feel free to contact:
AEG Corporate Headquarters
800 West Olympic Blvd., Suite 305
Los Angeles, CA 90015
privacypolicy@aegworldwide.com