Website and Ticket Buyer Terms & Conditions
Ownership of Content and Grant of Conditional License
All right, title and interest in the Site (including all data, text, designs, pages, print screens, audio and video clips, images, artwork, photographs, source code, or software that resides or is viewable or otherwise discoverable on the Site,) and in all materials obtained from the Site including tickets (the “Content”) belong to us or to third party licensors. We own a copyright and, in many instances, other intellectual property in the Site and Content. Except as expressly provided below, nothing contained in this Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this website may be reproduced, republished, copied, transmitted, or distributed in any form or by any means without our prior written consent. You are hereby granted a nonexclusive, nontransferable, limited, conditional license to view, reproduce, print, and distribute materials retrieved from this Site, and to purchase tickets via this Site, provided (a) such materials are used only for informational, educational, and/or non-commercial purposes, and (b) as a condition precedent, you agree that you will not:
-Remove any copyright, trademark or other proprietary rights notices contained on the Site;
-Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
-Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other programs or code of a destructive nature;
-Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
-Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
-Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
-Make repeated reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals;
-Attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to conduct transactions on the Site;
-Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site; or
-Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described herein. This license exists only so long as you strictly comply with each of the provisions described herein. Any use of the Site or its Content by you or anyone acting on your behalf that does not strictly comply with each and every provision herein exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content.
Trademarks
Wachholz College Center (WCC), Flathead Valley Community College (FVCC) and other marks and logos used on this Site are trademarks of FVCC. It is not permitted to copy, imitate, or use, in whole or in part, the FVCC Trademarks without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned by FVCC, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use the FVCC Trademarks or another aspect of this Site is subject to prior approval, and should be addressed to us at: info@fvcc.edu
Photo and Video Policy
By using your ticket, you consent to appear in photos and videos taken in public areas of our performance space, and release the Wachholz College Center and Flathead Valley Community College from liability from the use of such photos and/or videos. You shall not copy any performance by camera, audio or video recording equipment.
Making Purchases
When purchasing tickets or other items via this Site, we may impose conditions on your use of any coupon or promotional code. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including all applicable taxes. You may only use credit cards, debit cards bank accounts, and/or any online accounts associated with those credit card or bank accounts, and vouchers, that belong to you. You will not hold WCC or FVCC liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. If we are unable to verify or authenticate any information or tickets you provide during any stage of the registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, we may refuse to honor your tickets, and/or all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.
Ticketing Policy
Performances take place at Wachholz College Center 795 Grandview Drive Kalispell, MT 59901 on the campus of Flathead Valley Community College unless otherwise noted on the ticket.
All prices include a facility preservation fee for the maintenance and upkeep of Wachholz College Center.
All single ticket orders are final sales (no refunds). No refunds on subscription orders will be made after your series has begun.
Due to problems with ticket resales, we reserve the right to establish restrictions on ticketing. Thus, in our sole discretion:
(a) Ticket purchase limits per person/household may be established for certain events;
(b) Multiple orders may be canceled without notice;
(c) Orders associated with known or suspected resellers may be canceled without notice;
(d) Ticket delivery or pickup restrictions may be established for certain events; and/or
All series, concerts, programs, artists and prices are subject to change without notice.
Not using your ticket? Donate it by calling 406.756.1400
Electronic Tickets
The Wachholz College Center website may use e-mail and website downloads to deliver electronic tickets which can be printed out, copied, saved and forwarded to others, either physically (i.e., after being printed out) or electronically. Despite the fact that multiple copies and print-outs of the same ticket can be created, only the first copy or print-out that is presented and scanned for admission at Wachholz College Center will in fact be valid for admission; once that scanning occurs, all other copies and print-outs of that ticket will no longer be valid for entry. Accordingly, you agree to be solely responsible for safeguarding all tickets (and all pass codes, Internet addresses, e-mails and other places and means where tickets can be obtained) with great care, and you agree that if a ticket is copied, reprinted or forwarded to another person, or another person is given access to a ticket, neither the Wachholz College Center nor anyone else will have any liability or responsibility for any print-outs or copies of the ticket not being valid for admission due to the previous admission scanning of another print-out or copy of the same ticket. Similarly, you agree that you will be solely responsible for distribution errors caused by you providing an inaccurate e-mail address, for lost, stolen, damaged or destroyed tickets, and for lost, stolen, deleted, improperly addressed, forwarded or misdirected e-mails linking to Internet sites (or pass codes or Internet addresses) where tickets are accessible. The Wachholz College Center is not responsible for tickets purchased through unauthorized third parties such as ticket brokers or online outlets. Tickets purchased from third parties may not be valid or usable for admittance, and we cannot replace lost or stolen third-party tickets. Tickets purchased from third parties may be priced much higher than the ticket’s actual face value, and we will be unable to contact holders of such tickets about program changes or cancellations.
Venue Policies
To ensure that your experience is a positive one, we have established some Venue Policies. Your courtesy and cooperation with the following rules helps ensure comfort, enjoyment, and safety for all of our guests. Failure to comply with these rules may result in your removal from the venue. We apologize for any inconvenience and thank you for your patience and cooperation.
-Latecomers and those who exit during the performance will be seated only during appropriate seating intervals or intermission.
-You agrree to turn off all electronic devices before the event begins. No texting, emailing, tweeting, or other similar activities permitted during the performance.
-FVCC is a smoke-free campus, therefore there is no smoking at the Wachholz College Center. This includes e-cigarettes, vaporizers, and all other personal smoking devices.
-FVCC prohibits weapons, including carrying firearms, on campus.
-Patrons must refrain from bringing any strong odors, scents, or fragrances into the performance spaces.
-Patrons that appear overly intoxicated will not be permitted into the performance spaces.
-No food or beverage is permitted inside the performance spaces.
-For the security of our patrons, all bags are subject to search.
Violation of Terms
If you violate these Terms, we may, in our sole discretion, cancel in whole or in part, your transaction, including (by way of example only) your distributions, deliveries, credit authorizations, payments, payment receipts, registrations, log-ins, ticket forwards, or ticket sales. Additionally, you may be asked to leave the venue or removed from the premises for violation of any venue policies.
Links
This Site may contain links to other websites that may not be owned or operated by us. We have no control over those websites and are not responsible for their content or their privacy policies. We make no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions contained in linked websites, and our link to those websites does not indicate any approval or endorsement of those websites or of any products or services promoted therein. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, time bombs and other programs of a destructive nature. Additionally, we are not responsible for and do not endorse the actions or opinions of third parties expressed on linked websites.
No Representation or Warranty
The documents, graphics and images published at this website could include inaccuracies or typographical errors. Additionally, we reserve the right to modify the information contained in this website without notice. We make no commitment, however, to update the information contained in this website. TO THE EXTENT PERMITTED BY LAW, INFORMATION ON THIS WEBSITE 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. We do not guarantee that this website will always be safe, secure or error-free or that the Site will always function without disruptions, delays or imperfections. Users of this website should not rely upon opinions expressed at this website when making business, financial, personal or other decisions.
Limitation of Liability
IN NO EVENT WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE OR LIABLE TO ANY PARTY FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO ABIDE BY THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, TIME BOMBS OR OTHER DESTRUCTIVE PROGRAMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
Indemnification
Should anyone bring a claim against us related to your use of the Site, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us, our affiliates, and each of our officers, directors, employees, volunteers and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses. You consent to the jurisdiction of such courts, and hereby waive any claims to forum non conveniens.
Governing Laws in Case of Dispute
These Terms of Use shall be governed and construed in accordance with the laws of the State of Montana, USA. Disputes arising from these Terms of Use shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Montana and jurisdiction for such disputes shall rest solely in the State of Montana.
Severability
These Terms of Use incorporate by reference any notices on this website and constitute the entire agreement with respect to your access to and use of this website. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
Questions
If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at info@fvcc.edu or at 406.756.3822.
All rights not expressly granted herein are reserved.