PRIVACY POLICY

ALL SALES, PURCHASES, AND PARTIAL PURCHASES UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE.

Welcome to the Aloha Jazz Festival Purchase Policy. Once your is made, it a legally binding contract between you and Aloha Jazz Festival (“Producer”, “we”, “us”, “our”). This Policy is designed to ensure your satisfaction and understanding of the purchase process, as well as the policies and procedures governing your purchase. If you are purchasing on behalf of someone, please note that the in this Policy also apply to them, and it is your responsibility to inform them accordingly. We encourage you to read this Policy before purchasing any package for the Festival through AlohaJazzFestival.com or any other authorized source, and/or attending the Event. This Policy is in addition to any other information provided by the Producer and/or Ticketing Website, including our TERMS OF USE,our PRIVACY POLICY, and all applicable Ticketing Website policies. By purchasing a package to, and/or attending, the Event you acknowledge and agree to be bound by the terms and conditions set forth in this Policy as well as our TERMS OF USE and our PRIVACY POLICY. If you do not agree to these Policies, please do not attend the Event or purchase anything, or enter into any transaction with Producer. Be sure to return to this Policy periodically to review the most current version of the Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Policy without prior notice; however, the date of any effective changes shall be reflected at the top of this page and upon request we will provide you with information regarding any changes made.

Age Limits; Transaction Information; Revocable License; Refusal of Admission.

ALL SALES ARE FINAL. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. The resale or attempted resale of any good, product or service at a price higher than that it was sold for is prohibited and if discovered will result in such good, product or service being voided without refund or other compensation. A package to the Event or any other related perk may not be used for advertising, promotion (including sweepstakes, contests and giveaways), or other trade or commercial purposes without the express written consent of Producer.

A ticket to the Event is a revocable license. We reserve the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from the Event, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with this Policy, the rules of an applicable third party, and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by us or the applicable third party as disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, or out of compliance with this Policy or the applicable third party’s terms, conditions, rules or policies (all of the above in this sentence, collectively, “Removal Behavior”). Each and every guest who purchases or otherwise wishes to redeem their ticket for the Event must: (a) register themselves and their guests with the applicable Event website and/or guest dashboard during the period allotted to all Event guests for such registration; and (b) present proper identification for themselves and their guests upon arrival to the Event. In the event that any guest fails to perform either of the foregoing, we may, at our sole discretion and without refund of any portion of the price paid or other compensation, refuse any such guest’s admission to the Event, which may include, without limitation, refusal to provide Event credentials to any such guests.

Only guests officially registered through the guest dashboard may receive Event credentials. Valid and authorized guests must be physically present to receive Event credentials. No guest may retrieve any Event credentials on behalf of another guest who is not physically present for direct, physical receipt, even if the guest attempting to retrieve such credentials on behalf of the other guest was the primary purchaser of such credentials. Each guest agrees to provide any and all relevant information required by Mexico Jazz Experience in a timely manner, including, without limitation, airport information and other travel-related information, air travel delays for any flight(s), rescheduling of any flight(s), and/or any other travel-related delay. In the event that any guest fails to provide any such information to the satisfaction of Mexico Jazz Experience by the applicable deadline(s) provided by Mexico Jazz Experience or within a timely manner, as determined byMexico Jazz Experience in its sole discretion, any such guest(s) may experience delays in their specific accommodations and transportation secured or otherwise arranged by Mexico Jazz Experience, including, without limitation, check in times and shuttle transportation pick-up and drop-off. All guest names for each package must be submitted within the guest dashboard at least 30 days prior to the Event; provided that after such date, there will be a $100 fee incurred by you to add or change a guest name to your package for check in.

Refunds and Exchanges

ALL SALES, PURCHASES, AND PARTIAL PURCHASES/DEPOSITS UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. IF YOU FAIL, FOR ANY REASON, TO MAKE A PAYMENT, YOU MAY VOID YOUR TICKET/(S) AND PURCHASE AND YOU WILL NOT RECEIVE A REFUND. THERE ARE NO REFUNDS OR EXCHANGES FOR ILLNESSES, EMERGENCIES, OR ANY OTHER CIRCUMSTANCES AFFECTING YOUR ATTENDANCE AT THE EVENT.

Before purchasing your tickets, carefully review your event and your selections. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regards to the ticket(s) you purchased. Upon purchase, you agree that the credit card that you have on file with us will be charged. If you have made a purchase as part of a Payment Plan, you agree that the credit card that you have on file with us will be charged for the amounts and on the dates set forth in the Payment Schedule outlined during your purchase process. You agree that if such credit card expires, is invalid, is deleted or is otherwise not capable of effecting payment on the dates set forth in your Payment Schedule, we and/or the Ticketing Website will give you notice to the email you provided above and a period of 10 days to affect the payment. If we do not receive payment within such period, this Agreement will be deemed to be cancelled and all prior amounts will be forfeited. Once your Initial Down Payment is received the price of the Purchased Items will not change. The Purchased Items will be set aside and held until the Final Payment made. You may pay the remaining balance at any time prior to the Final Payment. Without limiting the generality of the foregoing, you will not seek a “chargeback” from the company whose credit card you used to purchase your package. Should you do so, your ticket(s) may be canceled, and we may, in our sole discretion, refuse to honor pending and future ticket purchases.

If you participate in a Payment Plan, you understand and agree that the Payment Plan is subject to the terms of the Truth in Lending Act (“TILA”). You hereby acknowledge your awareness that: (i) You are not being assessed a finance charge for participating in the Payment Plan; (ii) The Balance is not subject to any assessed interest; (iii) You are not subject to any pre-payment penalty for paying the Balance in advance of the designated Payment Plan dates; and (iv) Late Payment Plan payments are subject to the terms herein. You hereby further acknowledge that you have been provided with all necessary information relating to the purchase of your package and your participation in the Payment Plan, and that The Aloha Jazz Festival has your express authorization to process payment of the Balance and the Payment Plan.

Canceled or Postponed Events; Refunds.

The Aloha Jazz Festival is a RAIN OR SHINE event, unless otherwise stated in writing. Please note that the location, date, and time of the festival well as other aspects of your purchase may change at the discretion of The Aloha Jazz Festival, the artists, venue owner, or any other third party involved in organizing the event. Such changes may include cancellation, postponement, or relocation, and will not entitle you to a refund or any other remedy unless agreed upon in writing by The Aloha Jazz Festival. The organizers reserve the right to cancel, postpone, delay, alter, relocate, or reschedule any part of the event at any time, with or without notice, due to circumstances beyond their control. Any element of your purchase may be canceled, postponed, delayed, altered, relocated or rescheduled at any time with or without notice in the Organizers’ sole discretion, as applicable, or due to the actions or events beyond the reasonably foreseeable control of the Organizers, the Organizers will not be liable to you or any other party because of any failure to perform hereunder due to fire, earthquake, rain, adverse weather conditions, flood, or any other acts of God, power failures, electrical or mechanical difficulties, strikes, lockout, work stoppages or other labor disturbances, governmental regulations or restrictions, terrorism, war, civil disturbances, epidemic, pandemic (including COVID-19), death or illness to any members, crew or family of the performing Artist(s), or any other cause or condition, whether known or unknown, or similar or dissimilar to any of the foregoing, beyond the reasonably foreseeable control of the Organizers (“Force Majeure”). Delay in the performance of this Policy or the failure of The Aloha Jazz Festival to perform or provide the element(s) of your purchase caused by any Force Majeure shall not constitute a breach of this Policy or a ground for cancellation, suspension or termination hereof. For the avoidance of doubt, postponement, relocation or cancellation of Events due to weather conditions or Force Majeure events is beyond our control and we will not issue any refund or exchange for such events, unless otherwise agreed to in writing by The Aloha Jazz Festival. If an event is canceled for any other reason, refunds for purchase/ package will be made at the sole discretion of the Aloha Jazz Festival or in accordance with the applicable law. Your purchase is considered as a “rain or shine” final purchase. If an Event is canceled, postponed or rescheduled we will not refund Aloha Jazz Festival expenses that you may have incurred as a result of your plans to attend the Event including, but not limited to, transportation expenses, hotel reservations, or rental car costs. We are not responsible for the actions of any other Organizers when an event is canceled. Refunds or exchanges will not be made for postponed, relocated or rescheduled Events and you shall only be entitled to attend the rescheduled Event. It is your responsibility to verify information regarding rescheduled Event dates and times prior to attending. Without limiting anything set forth in this Section, your purchase of the package to the Event is not for a specific artist or aspect of the Event. Artists, schedules, production elements, vendors, art exhibits, amenities, and all other aspects of the Event are subject to change without notice and without grounds for refund. If we choose, in our own discretion, to issue you a refund for your ticket(s) due to a canceled or postponed Event, we will issue a refund of the package price and a refund may be limited only to the portion of the ticket(s) that was unable to be consumed due to such cancellation. In no event will delivery charges or any other amounts be refunded.

Publicity Release; Information Sharing.

By attending the Event, you hereby irrevocably grant to Producer and its members, affiliates, designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with future Shows In Paradise events and/or other events produced by Producer or any of Producer’s affiliates and hereby release Producer and each of their respective designees, successors, assigns, licensees and affiliates from any liability with respect thereto.

Without limiting anything set forth herein, by purchasing a ticket to, and/or attending, the Event you acknowledge and agree to be bound by the terms and conditions set forth in our PRIVACY POLICY. Without limiting anything set forth in our PRIVACY POLICY, you acknowledge and agree the Producer may share your personally identifiable information (including, without limitation, your name, address and email address) with its parent, subsidiary, member and other affiliated companies and with other third parties in connection with the operation of our and/or their business. Examples include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product and service customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution for various events, (g) website evaluation, (h) data collection, storage, management, and analysis, (i) internet-based, targeted and/or online behavioral advertising, (j)Aloha Jazz Festival and its affiliates’ partners and clients (e.g., events, artists, tours, festivals, sporting events, production companies, etc.), and/or (k) any other services designed to assist us and/or our affiliates in maximizing our and/or their business potential and profits.

Representations and Warranties

Without limiting anything set forth in this Policy, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with the Event and/or activities corresponding to your transactions with Producer and/or via the Ticketing Website; (b) you are of sufficient legal age and authority to enter into any transaction with Producer and/or via the Ticketing Website, to attend the Event, and to create legal binding obligations for any liability you may incur as a result of entering into this Policy; (c) you are an authorized user of the credit or debit card used enter into any transaction with Producer and/or via the Ticketing Website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by Producer and/or any applicable third party; (e) you have obtained any and all health information and/or other permission necessary in connection with your transaction with Producer and/or via the Ticketing Website; and (f) you will not attempt to charge back your purchase with your bank or credit card company.

Third Party Aspects of the Event.

In connection with the Event and your ticket(s) we might display information about travel locations, tours, services, packages, transportation, hotel accommodations, schedules, various forms of entertainment and many other things and amenities. Much of this information is supplied to us by third parties (e.g., hotels, resorts, transportation companies, artists, concessionaries) and we cannot check the accuracy of such information. Some of the goods and/or services which make up your purchase in connection with the Event are provided by third parties in accordance with their own terms and conditions which may limit or exclude such third party’s liability to you. You understand that any violation of any third party’s terms and conditions may result in cancellation of your reservation, in your being denied access to the applicable aspect of the Event, in your forfeiting any monies paid for such amenity, and/or in our debiting your account for any costs we incur as a result of such violation. You agree that we are in no way responsible for the accuracy, timeliness or completeness of information we may obtain from third parties. Your interaction with any third party is at your own risk, and we will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any third party. IF APPLICABLE, INFORMATION PROVIDED BY US (INCLUDING, WITHOUT LIMITATION, RATINGS, PHOTOGRAPHS, AMENITIES, AND DESCRIPTIONS OF PROPERTY) ARE PROVIDED BY THE RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS. THIS INFORMATION CONSTITUTES GENERAL GUIDELINES AND WE CANNOT GUARANTEE THEIR ACCURACY. THEY ARE TO BE USED AS A GENERAL GUIDE AND THE RATINGS AND INFORMATION MAY BE AMENDED PERIODICALLY BY THE RESPECTIVE SUPPLIERS TO KEEP CURRENT.

You agree to abide by the terms and conditions of purchase imposed by any third party with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the third party’s rules and restrictions regarding availability and use of goods, products and/or services. Some other third parties may require you to present a credit card or cash deposit to cover additional expenses incurred during the event. Such deposit is unrelated to any payment received by Producer for your tickets or other transaction. You understand that any violation of any such third party’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the Event, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Disclaimers

ALL PRODUCTS, GOODS AND SERVICES IN CONNECTION WITH THE EVENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PRODUCER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

You acknowledge and agree that by purchasing a ticket(s) for the Event and/or attending the Event and/or using any corresponding amenity, you may be engaging in activities that may involve risk of injury, including serious injury, illness, permanent disability and death, property loss and severe social and economic losses. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions or negligence of a third party, and participants, volunteers, performers, guests and spectators at the Event; (b) conditions of any premises or equipment used; (c) temperature and/or weather; (d) condition of other participants or guests; (e) vehicular traffic; (f) offensive language or other vulgar or obscene material or actions; and (g) other risks that are not known or foreseeable at this time.

LOUD MUSIC AND SPECIAL EFFECTS WARNING: Attendees of the Event may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, fireworks, lighting and other special effects, including, without limitation, flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and/or individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before entering or remaining on the Event premises, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.

ALL THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PRODUCER. THE PRODUCER IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE PRODUCER SHALL HAVE NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

Release and Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN WHOLE OR IN PART, THE PRODUCER NOR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) WILL BE LIABLE FOR, AND YOU HEREBY RELEASE THE RELEASEES FROM AND AGREE NOT TO SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR PRODUCTS, GOODS AND/OR SERVICES OFFERED AT OR IN CONNECTION WITH THE EVENT, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF PRODUCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO PRODUCER FOR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES.

Indemnification.

You agree to defend, indemnify and hold harmless the Releasees from and against any and all liabilities, claims, damages, costs and expenses, including attorneys’ fees, arising out of or in connection with (a) your transaction with Producer and/or use of the Ticketing Website; (b) your violation or breach, or alleged violation or breach, of this Policy, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein; and/or (c) your attendance at or in connection with the Event, including, without limitation, any Removal Behavior or other actions or omissions by you. 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.

Miscellaneous.

Nothing contained in this Policy will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights, if any, or obligations under this Policy. Producer may assign its rights and duties under this Policy without such assignment being considered a change to the Policy and without notice to you. The terms and conditions set forth in this Policy represent the entire understanding and agreement between you and Producer relating to the precise subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by Producer. Any waiver of any provision of these terms must be in writing signed by Producer to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.