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Terms of Use

We appreciate your visit to our Toyota Center Web site and hope you enjoy the services we provide here. By visiting our Web site, you accept these terms of use without limitation or qualification and if you choose to purchase goods or services offered on this Web site, our terms and conditions of sale. Accordingly, if you do not wish to be bound by these terms and policies, our Web site should not be one that you visit.

Content is provided for informational purposes only; www.toyotacentertix.com does not warrant that product descriptions, pricing, editorial commentary or any other content on the site, regardless of its source, is accurate, complete, reliable, current or error-free. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below).

Authorized Use. We invite you to use our Toyota Center Web site solely for your personal, informational and entertainment use, or to purchase, exchange or donate tickets, but we must insist that you do not use the Web site for any other purpose, including any commercial purpose. We also must insist that you refrain from using any robots, spiders, or other automatic devices to monitor or copy our Web site content or otherwise attempt to interfere with the intended and efficient functioning of our Web site.

Content Within the Toyota Center Web Site. We strive to provide content on our Web site that is valuable and entertaining to you, but we must protect our legal rights in connection with such content. All content accessible within the Web site (e.g., the “look and feel” of the Web site, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks) is proprietary to us or the players, leagues, performers or other parties who consent to our use of it. To avoid any claim of infringement or other wrongdoing, you should not: (1) reproduce, transmit, alter, publish, distribute, or create derivative works from the Web site content; (2) frame or deep-link to the Web site; or (3) use meta tags or any other hidden text utilizing our or our content providers’ trademarks or service marks on or in connection with another domain name or Web site. The only exception to this is that you may print excerpts of the Toyota Center Web site content from time to time to facilitate your personal, non-commercial, use. For instance, you may want to print a schedule of upcoming events, details of an ongoing or upcoming promotion, directions to the Toyota Center, ticket purchase information, or the like.

Please Do Not Submit Ideas, Suggestions, or Other Content to Us Unless Your Intent is to Give Us That Information Unconditionally. We recognize that sometimes you may want to provide us your ideas, suggestions, or other content for consideration. While we value your enthusiasm for our facility and events, we are unable to accept any information that you provide if it contains any obligation or limitation whatsoever. Thus, by submitting ideas, suggestions, or other content of any sort to us, you are assigning to us all related right, title and interest, along with all copyright or other proprietary or legal rights associated therewith. As a result, we will own the exclusive right to use, throughout the world, such ideas, suggestions, or other content that you provide to us, without compensation or further obligation to you. You also agree to take any further action (including signing affidavits and other documents) that we reasonably request to create, record or perfect our rights as set forth in this paragraph. Accordingly, please do not submit ideas, suggestions, or other content to us unless your intent is to give us that information unconditionally.

Action in Response to Violation of Terms. Violating these terms of use may result in legal action against you. For instance, you could be subject to civil, criminal and injunctive relief, be barred from the Web site, or subject to other remedies available under the law. In that monetary damages may not provide adequate relief to us for violation of these terms of use, you consent to injunctive or other equitable relief in such instances.

Links to Other Web Sites. In some instances,the Toyota Center Web site may reference or link to third party Web sites. Should you choose to visit those Web sites, please remember that we are not responsible for their content, their terms of use, or their privacy policies. We encourage you to read and review the terms of use and other legal terms and policies of all Web sites you visit.

Indemnity. You agree to indemnify and hold us and our affiliates, officers, employees, and agents (“Indemnified Parties”) harmless from any liability, loss, claim and expense, including attorneys’ fees and expenses, related to your violation of these terms and conditions or your use of our Web site.

Disclaimer of Warranties and Liability Limits: Everything on the Web site is provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event shall Indemnified Parties be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, whether brought in contract or tort, arising out of or connected with the Web site or the use, reliance upon, or performance of the Content or any information accessed from the Web site.

Governing Law. If you use the Web site and a dispute results from your use, the dispute will be governed by the laws of the State of Texas, without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of Harris County, State of Texas.

Who We Are. When we say “we” or “us” in the terms of use, we mean Clutch City Sports & Entertainment, L.P. (“ Clutch City”), our affiliates, and those agents Clutch City uses to provide ticketing services for Toyota Center events.

Revisions to Terms of Use. Our latest Terms of Use (along with the date on which they were last revised) will be posted on our Web site, so we will not notify you individually each time they change. We welcome and encourage your review of our Terms of Use each time you visit us, particularly as they may change from time to time.

Copyright © 2004 Clutch City Sports & Entertainment, L.P. All rights reserved.

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