IMPORTANT NOTICE: THESE TERMS OF USE CONSTITUTE AN AGREEMENT AND ARE SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS, AGREEMENT TO ARBITRATE AND WAIVER OF THE RIGHT TO A JURY TRIAL AS DETAILED IN THE “CLASS ACTION WAIVER” AND “GOVERNING LAW/DISPUTES” SECTIONS BELOW.
Terms of Use
Welcome to the digital world of Golden 1 Center! This website (including any subdomains and mobile versions, the “Website”), mobile application (“Mobile App”) or other cellular or web-enabled technologies (with the Website and Mobile App, collectively, the “Services”) are owned and operated by Sacramento Downtown Arena LLC (“Golden 1 Center,” we,” “us” or “our”). The Services, and all content, features, applications and functions available through the Services, are provided to visitors and users thereof, including you (collectively, “Users”), subject to these Terms of Use. If you visit or use the Services, you agree to be bound by these Terms of Use. These Terms of Use apply regardless of the device used to access the Services (e.g., personal computer, mobile device, consumer electronics device, or any other technology or software known today or developed in the future).
Golden 1 Center reserves the right to make changes at any time to the Services and these Terms of Use. Any modifications to these Terms of Use will be effective upon posting. Your continued use of the Services following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.
Permitted Use of the Services
The Services include information and materials proprietary to Golden 1 Center or its licensors or service providers. You may download, view, copy and print information, materials and other aspects found on the Services (i) solely for your personal, non-commercial informational purposes and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered.
You further agree that you will not use any “robot,” “spider” or other automatic device, manual process or application, or data mining or extraction tool to access, monitor, copy or use the Services (except that we grant the operators of public search engines revocable permission to use “spiders” to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials). You further agree not to take any other action that imposes an unreasonable or disproportionately large load on the Services.
The Services are not intended for children under the age of 13. By using the Services, you represent that you are not under 13 years of age.
Unauthorized Use of the Services
You agree you will not interfere, in any way, with others’ use of or access to the Services and will not attempt to gain unauthorized access to the account, password or computer system of any other User. You agree to not circumvent or attempt to circumvent any security technology or software that is part of the Services infrastructure or use a false email address, impersonate any person or entity, or otherwise attempt to mislead as to the origin of any communication which you originate through the Services. You further agree not to take any other action in connection with your use of the Services, which violates any treaty, law or regulation and to fully comply with all applicable laws and regulations in your use of the Services.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Services or any portion thereof or any information or content on the Services, including any photos or product or service descriptions, without the prior written permission of Golden 1 Center. In addition, you agree not to link to any page of the Website other than the home page located at www.golden1center.com.
Golden 1 Center reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Services, including, without limitation, any content thereof. Golden 1 Center’s decision not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any of these Terms of Use or the legal rights of Golden 1 Center or its licensors or service providers.
Event Descriptions and Other Services Content
The Services include information regarding Golden 1 Center; description and details of events at Golden 1 Center (including dates, times and pricing information); information on season tickets, suite and loft sales and jobs; traffic and weather updates and other information intended to make your visit to Golden 1 Center more enjoyable; and descriptions of products or services that may be purchased via links to third party services and websites. While Golden 1 Center will use commercially reasonable efforts to make sure that any information contained on the Services is correct, and correct any information which is found to be incorrect, Golden 1 Center does not warrant or guarantee that the information, descriptions or other content of the Services are accurate, complete, reliable, current, or error-free. All descriptions, prices, and ticket and product or service availability are subject to change at any time, without notice to you. And, the inclusion of any products or services on the Services at a particular time does not imply or warrant that these products or services will be available at any time.
Registration; User Content and Submissions
Certain of the Services may provide user forums, platforms or chat rooms where you will be able to post or submit comments, communications, reviews, or other content or material, including text, images, photos and video (collectively, “User Content,” which term does not include any “Submission” as defined below in this Agreement). In order to do so, you must first register or create a user profile. You agree to provide accurate, current, and complete information required to register with the Services and at other points as may be required in the course of using the Services (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Golden 1 Center may terminate your rights to any or all of the Services if any information you provide is false, inaccurate or incomplete. When you become a registered User, you are automatically enrolled in our Loyalty Program. Through this Loyalty Program you can earn points for certain activities or actions you undertake through the Services, which can be used to obtain certain awards.
You acknowledge that you are fully responsible for all activities that occur through the use of any password, user ID or other access methods (each, an “Access Method”) you may be granted as a User of the Services, whether such use is authorized by you or not. You agree not to access or attempt to access any password-protected portions of the Services without an authorized Access Method or through any means other than by utilizing your authorized Access Method on the appropriate portion of the Service. Golden 1 Center reserves the right to adopt policies relating to its Access Methods from time to time, including, but not limited to, how often passwords must be changed. You agree to notify Golden 1 Center immediately if you suspect any unauthorized use of your account or access to your password.
In accordance with the foregoing, you are solely responsible for the User Content that you post or transmit on or through the Services. Please choose carefully the information you post on or through the Services and or transmit to other Users. Golden 1 Center does not screen its Users, inquire into their backgrounds or attempt to verify any statements that they may have made to Golden 1 Center during registration or otherwise. You should never exchange personal information with any other User or arrange to meet any other User. You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth below in this Section, (ii) the User Content is accurate; (iii) use of the User Content you post or submit does not violate these Terms of Use and (iv) the posting or transmitting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted or transmitted by you on or through the Services; and that you will indemnify Golden 1 Center for all claims resulting from User Content you post or transmit.
Without limiting the provisions above, there are certain restrictions relating to the posting or transmitting of User Content. Specifically, you may not:
- Upload or transmit any information that infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right of any third party.
- Upload or transmit any information that is defamatory, libelous, expresses hate, is unlawfully threatening or harasses or advocates the harassment of another person.
- Upload or transmit any information that is pornographic, obscene, exploitative of a minor, or contains a link to an adult website.
- Upload software or programs contaminated with a computer virus, worm, Trojan horse or other contaminating or destructive feature.
- Upload or transmit any information that by its disclosure violates any agreement or other obligation to which you are bound.
- Use the Services for political campaigning, advertising, promotions, other commercial solicitation, chain letters, mass mailings, “junk mail,” unsolicited commercial emails or any form of “spam.”
- Solicit personal information from any one under the age of 13.
The foregoing prohibitions are also applicable to other Users. Despite this, User Content provided by other Users may, in whole or in part, be unauthorized, inappropriate, impermissible or otherwise violate this Agreement. While Golden 1 Center reserves the right to remove or edit any User Content, Golden 1 Center does not, and has no obligation to, monitor or review forums, chat rooms or User Content otherwise posted or transmitted by Users and, regardless of any monitoring that Golden 1 Center may undertake, it takes no responsibility and assumes no liability for, any User Content posted by you or any other User. Users are solely responsible for their interactions and communications with other Users. Golden 1 Center does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of Users. Further, Golden 1 Center is not responsible for any off-site conduct of any User. Golden 1 Center reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
By transmitting any User Content or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, “Submissions”), you are automatically granting Golden 1 Center a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such User Content and Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of Golden 1 Center. This means that anything submitted by you to or through the Services (whether User Content or Submissions) may be used by Golden 1 Center for any purpose, now or in the future, without any payment to, or further authorization by, you. Golden 1 Center also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your User Content and Submission.
At times, Golden 1 Center may solicit Submissions from visitors to Services, including, but not limited to, information, ideas, artwork or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to Golden 1 Center of the Rights described above.
Although we are pleased to hear from you and welcome your comments regarding the Services, unfortunately, we do not accept or consider unsolicited Submissions. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by Golden 1 Center, its affiliates, or business associates or partners might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions, we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and any future products or services we may provide. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of Golden 1 Center. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to Golden 1 Center of the Rights described above.
Other Third Party Content
The Services may include opinion and blog posts by third parties, other than Users. Golden 1 Center does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Services. Any information or materials placed on the Services by such third parties are the views and responsibility of those who post the statements, and do not necessarily represent the views of Golden 1 Center.
Sponsors, Third Party Advertisements and Links to Third Party Services
You acknowledge that the Services may include links to the websites of third parties, including those of our sponsors, advertisers and business partners. These include links to a third party ticketing service (currently Ticketmaster). Your use of features, viewing of content and use of services provided by such third parties are not governed by these Terms of Use. Golden 1 Center is not responsible for the content of advertisements or any links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by Golden 1 Center of the advertisement or linked site or any content therein. Your reliance on any information from those third parties, as well as your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party and is entirely at your own risk. 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. IN NO EVENT WILL GOLDEN 1 CENTER BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT OR PROMOTION DISPLAYED ON THE SERVICES, ANY MATERIAL DISPLAYED ON ANY WEBSITE LINKED FROM THE SERVICES OR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT OR PROMOTION, ANY LINKED THIRD PARTY SERVICES, OR ANY LINK CONTAINED IN A LINKED SERVICES.
Mobile Devices and Third-Party Restrictions
When you access our Services on mobile devices or in our Mobile App, you understand that your mobile carrier’s standard charges will apply. If any upgrade in or to the Services requires changes in your equipment, you must effect these changes at your own expense. 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), including, without limitation, a terms of use, end user license agreement or privacy policy.
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, Google Play or other store. The following terms are required by Apple and are applicable if you install our Mobile App from the Apple App Store. Golden 1 Center, 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.
In addition, 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.
Sweepstakes and Contests
Golden 1 Center may operate sweepstakes, contests or other promotions through our Services, or simply advertise sweepstakes and/or contests sponsored or operated by our sponsors or advertisers on the Services. Participation in any sweepstakes or contest is void where prohibited by law. In any event, all sweepstakes and contests are subject to specific rules (“Rules”), and, prior to participating, you should carefully read such Rules. The Rules governing a sweepstakes or contest will specify its sponsor. Where sweepstakes, contests or other promotions are operated, sponsored or hosted by our sponsors or advertisers (or other third parties), such sponsor or advertiser (or other third party) is solely responsible for the sweepstakes or contest, and Golden 1 Center shall not have any responsibility or liability with respect to any sweepstakes or contest. Golden 1 Center will only have responsibility in connection with a sweepstakes or contents if it is explicitly stated that it is the sponsor in the Rules.
Golden 1 Center disclaims responsibility for any technical problems or malfunction in connection with any sweepstakes or contests accessible through the Services, regardless of its sponsor, including those resulting from any outage of telephone network or lines, servers, traffic congestion on the internet or at the Services.
Electronic Communications and Notice
When you visit the Services or contact us via email, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Privacy
The terms of the Golden 1 Center Privacy Policy are hereby incorporated as part of these Terms of Use.
Disclaimer of Warranties; Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, OR ANY INFORMATION, CONTENT, PRODUCTS, SERVICES AND/OR MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SERVICES, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER GOLDEN 1 CENTER NOR ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY, AND EACH HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE SERVICES, OR ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES ON OR ACCESSED VIA THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, GOLDEN 1 CENTER DOES NOT REPRESENT OR WARRANT THAT ANY OF THE INFORMATION ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE OR CURRENT, AND GOLDEN 1 CENTER IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SERVICES. FURTHER, GOLDEN 1 CENTER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL GOLDEN 1 CENTER OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF GOLDEN 1 CENTER, OR ITS SERVICE PROVIDERS OR ITS LICENSORS (COLLECTIVELY, “GOLDEN 1 CENTER PARTIES”), IN CONNECTION WITH THE SERVICES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SERVICES OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU PURCHASE ON OR THROUGH THE SERVICES OR THROUGH LINKS FOUND ON THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT FROM THE SELLER OF SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES OF SUCH SELLER.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Golden 1 Center Parties (defined above) harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, disbursements and court costs) incurred by any Golden 1 Center Party arising from or in connection with (i) your use of the Services or any content, information or services contained, displayed or available therein; (ii) your violation of these Terms of Use; (iii) any User Content or Submissions provided by you to Golden 1 Center; or (iv) your violation of any rights of any third party.
Trademarks, Copyrights and Other Proprietary Rights
The design and all content of the Services, including, but not limited to, works of authorship, software, design, text, graphics, images, photos, sound recordings, product or services descriptions, pricing information, drawings, logos, button icons, videos and data compilations; any improvements or modifications to such content; any derivative works based on the foregoing; and the collection, arrangement and assembly of all content of the Services, are the property of Golden 1 Center, or its licensors or service providers, and are protected by United States and international copyright and other intellectual property laws. Nothing in these Terms of Use shall be deemed to grant to you or any other User any license or right in or to any copyright, trademark, trade secret or other proprietary right of Golden 1 Center or any other person, and you may not modify the information or materials located on the Services in any way or reproduce, copy, download, stream or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose.
Without limiting the foregoing, our Mobile App is protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the express written consent of Golden 1 Center. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile App, or in any way compromise the security of data stored or transmitted by our Mobile App. Moreover, images of people or places displayed on the Services are either the property of, or used with permission by, Golden 1 Center. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties.
Golden 1 Center, Golden 1 Center’s logo, and other marks displayed on the Services are the proprietary trademarks or service marks of Golden 1 Center or third parties. Golden 1 Center’s marks may not be used in connection with any product or service that is not Golden 1 Center’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Golden 1 Center. All trademarks and service marks not owned by Golden 1 Center that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Golden 1 Center. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Services without the express written permission of the respective owner thereof.
Modification of the Services
We reserve the right to modify or discontinue all or any portion of our Services or the features or functionality thereof. 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 Services, or that operation of our Services will be uninterrupted or error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Locus of the Services
The Services are controlled and operated from facilities in the United States. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
Governing Law; Disputes
The laws of the State of California will govern these Terms of Use (including any dispute with respect thereto), without giving effect to any principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except for disputes where the remedy sought is an injunction or other equitable relief, in the event of any dispute between you and Golden 1 Center relating to these Terms of Use or the Services, you agree that such dispute shall be resolved by binding arbitration held in accordance with the then current commercial arbitration rules of the American Arbitration Association (the “Rules”), by a single arbitrator selected in accordance with the Rules.Any such arbitration shall take place in Sacramento, California.
A printed version of these Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If for any reason a claim proceeds in court rather than in arbitration, then, you and Golden 1 Center agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in, or which otherwise have jurisdiction over, Sacramento, California. In connection with any such claim adjudicated in a court of law, to the extent not prohibited by applicable law that cannot be waived, the parties hereby waive, and covenant that they will not assert (whether as plaintiff, defendant or otherwise), any right to trial by jury in any action arising in whole or in part under or in connection with these Terms of Use or the Services, whether now existing or hereafter arising, and whether sounding in contract, tort or otherwise. The parties agree that a copy of this paragraph may be filed with any court as written evidence of the knowing, voluntary and bargained-for agreement among the parties to irrevocably waive their right to trial by jury in any proceeding whatsoever between them relating to these Terms of Use or the Services and that such proceeding will instead be tried in a court of competent jurisdiction by a judge sitting without a jury.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS
Golden 1 Center and you agree that we will resolve any disputes, claims or controversies between us on an individual basis, and that any claims brought under these Terms of Use or in connection with the Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Golden 1 Center and you further agree that neither of us shall participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Services.
If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in the federal court located in, or which otherwise has jurisdiction over, Sacramento, California.
The terms of this Section will also apply to any claims asserted by you against any parent or affiliated company of Golden 1 Center to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.
Miscellaneous
You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. Golden 1 Center’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Golden 1 Center agrees to such waiver in writing.
If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and Golden 1 Center with respect to the subject matter hereof and supersede any and all prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Golden 1 Center with respect to such subject matter.
These Terms of Use and any document expressly referred to herein constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter hereof. You acknowledge that, in using the Services, you are not relying on any statement, representation, assurance or warranty other than as expressly set out in these Terms of Use
Contact
If you have any questions relating to these Terms of Use, the Services or Golden 1 Center, please contact: [email protected].
Notice and Procedure for Making Claims of Intellectual Property Infringement
Golden 1 Center respects the intellectual property rights of others. If you believe that any content on the Services may infringe your copyrights or other intellectual property rights, please provide Golden 1 Center the written information specified below. Please note that this procedure is exclusively for notifying Golden 1 Center that your intellectual property rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Services;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
Golden 1 Center’s agent for notice of claims of copyright infringement or other intellectual property infringement can be reached as follows:
DMCA Notice
Golden 1 Center
c/o Sacramento Downtown Arena, LLC
One Sports Parkway
Sacramento, CA 95834
Phone: (916) 928-0000
Email: [email protected]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Notice to California Users
Under California Civil Code Section 1789.3, California users of our 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 (800) 952-5210.