These Terms also govern how any claims between us will be resolved. By using our Services, you are agreeing that you have read, and agree to be legally bound by, these Terms, the terms set forth in our Privacy Notice, and the terms set forth in any other applicable policies. If you have entered into another agreement with us concerning our Services, then the terms of that agreement control where they conflict with these Terms.
Please periodically review these Terms as we may modify them at any time by posting modified Terms on our website. Modifications are effective when posted. If you keep using our Services after a modification, it means you accept the new Terms.
1. Use of Services; Limited License
Subject to these Terms, you are granted a nonexclusive, nontransferable, and limited license to use our Services as from time to time made available to you. You do not acquire any proprietary interest in our Services. Only authorized users may use our Services. You agree not to change, translate, or otherwise create derivative works of our Services.
Unless otherwise stated, all title, copyrights, trademarks, service marks, trade names, trade dress, and other intellectual property rights to or in our Services are owned by us. Except as specifically agreed in writing, no element of our Services may be used or exploited in any way other than as part of our Services offered to you.
We expect you and other users of our Services to behave responsibly and obey the law. You agree that the following expectations will apply to your use of our Services:
Don’t violate the law: don’t act, or fail to act, in any manner that that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone. Don’t unlawfully reproduce or scan tickets.
Don’t lie: don’t provide information you know or suspect to be false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
Don’t victimize anyone: don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, inappropriate, or invasive of another person’s rights.
Don’t spam: don’t distribute unsolicited or unauthorized advertising or promotional material; don’t run mail lists, listservs, or any kind of auto-responder or spam on or through our Services.
Don’t harm anyone’s computer: don’t distribute viruses or anything else designed to harm or interfere with the proper function of any software, hardware, or equipment on or accessible via our Services.
Don’t abuse any person’s information: don’t harvest or otherwise collect information about users of our Services without their prior consent; don’t use any person’s personal or confidential information for any purpose other than as needed to use our Services.
Don’t fail to keep your promises: don’t fail to pay for purchases.
Don’t interfere with our Services: don’t interfere with the proper workings of our Services; don’t bypass measures intended to secure our Services; don’t take apart or reverse engineer any aspect of our Services in an effort to access things such as source code, underlying ideas, or algorithms.
We reserve the right to refuse, limit, suspend, or terminate the use of our Services by anyone, for any reason, at any time, and at our sole discretion.
2. Representations and Warranties
You represent and warrant that you are over the age of 18 and have the power and authority to enter into and perform your obligations under these Terms, that you shall comply with all Terms, and that any information you provide us is accurate and complete.
You acknowledge and agree that all purchases carried out, made, or executed via our Services are deemed to be carried out, made, and executed in Sacramento County, California.
3. Making Purchases
All prices are stated in U.S. Dollars. We accept several methods of payment to accommodate your needs. You may only use credit or debit cards, gift cards, or vouchers that belong to you or to people who expressly authorize you to use such payment methods. We may impose conditions on your use of any coupon, promotional code, or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred, including any applicable taxes.
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via customer service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Tickets purchased via our Services are typically subject to a per-ticket service fee and a non-refundable per-order processing fee. Delivery prices may also be owed.
When purchasing tickets on our Site, you may be limited to a specified number of tickets for each event (also known as a “ticket limit”). This ticket limit is posted during the purchase process and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. We reserve the right to cancel any or all orders and tickets without notice to you if you exceed the posted limits. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.
Occasionally, trips or events are canceled or postponed. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures. If a trip or event is canceled, and you purchased your ticket through www.SkunkTrain.com or our phone center we will automatically issue you a refund to the credit card, debit card, or gift card you used to purchase that ticket. If a ticket was purchased through one of our retail locations, you may only be able to receive the refund by presenting the ticket yourself to the retail location where it was purchased.
Before purchasing tickets, carefully review your trip, event, and seat selections. We may occasionally offer tickets at a discount after the original on-sale date and will not refund the difference between the original price and the sale price.
You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets via our Services. Should you do so, your tickets may be canceled, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using our Services.
If we issue you a refund for a ticket due to a canceled or postponed trip or event, we will issue a refund of the ticket’s face value paid (or, for a discounted ticket, then instead the discounted ticket price paid) and all service fees. In no event will delivery charges or any other amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.
Orders are subject to credit card approval and processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, customer service will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your tickets to another customer without further notice.
Different combinations of delivery methods may be offered. Please carefully review the list of delivery methods offered during the purchase process. For security purposes, we can only ship tickets to the billing address on file with the credit card company that is used for your purchase.
If the amount you pay for a ticket or event is incorrect regardless of whether because of an error in a price posted via our Services or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of our website or other system
When ordering tickets online with us, please ensure you are looking for tickets and placing an order using only one browser window. Looking up tickets using multiple browser windows could result in losing your tickets or timer expiration.
We reserve the right, without refund of any amount paid, to refuse trip or event admission to, or eject, any person whose conduct we deem unsafe or disorderly, who uses vulgar or abusive language, or who fails to comply with any applicable rules. Breach of terms or rules will terminate your license to attend a trip or event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.
Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our policies. Because we do not guarantee the authenticity of tickets purchased from any non-authorized third party reseller (such as brokers or individuals), we recommend that you purchase tickets directly through us or our authorized partners to ensure ticket authenticity. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.
You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to conduct transactions when using our Services. You will not hold us 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 you provide during any registration, ordering, purchase, 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, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using our Services.
4. Rules for Sweepstakes, Contests, and Games
Sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available through our Services or through third-parties may have specific rules that differ from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.
5. Electronic Communications
You agree and consent to receive electronically all communications, agreements, documents (including these Terms), notices, and disclosures (collectively, “Communications”) provided in connection with our Services. You may withdraw your consent to receive Communications electronically by writing to us at “Attn: Electronic Communications, Mendocino Railway, Foot of Laurel Street, Fort Bragg, California 95437 or by contacting us via any “Contact” or “Contact Us” link on our website.
If you do not consent to receive Communications electronically, or if you withdraw your consent, we reserve the right to deny you an account, restrict or deactivate your account, close your account, or charge you additional fees for paper Communications.
6. Intellectual Property Rights
Copyright 2017 Mendocino Railway. All rights reserved. Unless otherwise noted: (i) all right, title, and interest, including all patents, copyrights, trademarks, trade secrets, confidential information, and other intellectual property rights in our Services and any content thereon belong to us; and (ii) our graphics, logos, designs, page headers, button icons, scripts, and names may be registered trademarks, trademarks, or trade dress in the U.S. or other countries. Our trademarks and trade dress may not be used, including as part of trademarks or as part of domain names or email addresses, in connection with any product or service without our specific written permission and may not be used in any manner likely to cause confusion.
7. Third Party Content; External Links
We do not claim ownership rights in any content supplied by third-parties. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, database, and other intellectual property rights you have in the content you submit via our Services. You represent and warrant that you have the necessary authority to submit the content and the content does not violate the rights of any third-party.
We may also partner with other companies (such as PayPal) for payment processing. When you place a bid you are also agreeing to such companies’ terms of service.
We may host content generated by our users. If you access our Services, you may come across content you find offensive or upsetting. Your sole remedy is to stop viewing the content.
The Services may allow you to post comments. Comments are not anonymous and may be viewed by others. Your comments may in certain cases be deleted by you, other users, or us.
8. Disclaimer of Warranties; Limitation on Liability
You use our Services solely at your own risk. Our Services are provided to you “as is” and “as available” and without any representation or warranty of any kind, express or implied.
To the extent any implied warranty cannot be disclaimed, such warranty is limited in duration to the applicable express warranty period. Your sole and exclusive remedy for breach of any such warranty will be for us, at our sole option, to use commercially reasonable efforts to re-perform the affected Services or to terminate this agreement and these Terms and provide to you a pro rata refund of any fees paid to us by you for any non-conforming Services.
To the fullest extent permitted by law, in no event will we, our directors, employees, partners, suppliers, related entities, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages: (i) resulting from your access to, use of, or inability to access or use our Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third-party on or via our Services. In no event shall our total liability to you for all damages, losses, and causes of action exceed U.S. $100.
If you do anything that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us, our directors, employees, partners, suppliers, related entities, and content providers, harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of our Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you will cooperate and help us in asserting any defenses.
10. Disputes, Governing Law, Arbitration, and Class Action/Jury Trial Waiver
A. Governing Law. We encourage you to contact us if you have any issue with our website or other Services, before resorting to more formal dispute resolution. If legal action does arise, you agree that our website and Services are deemed passive websites and services that do not give rise to specific or general personal jurisdiction over us or our parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of California. You also agree that these Terms will be governed by the internal substantive laws of the State of California without respect to its conflict of laws principles and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You also agree that, notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal courts in Sacramento, California and state courts located in either Mendocino or Sacramento County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Sacramento County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
B. Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from us. For any dispute with us, you agree to first contact us at [email protected]_______.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute it has with you after 60 days, the parties each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Sacramento County, California, unless you and we agree otherwise. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS’ rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights.
C. Class Action/Jury Trial Waiver. With respect to all persons and entities, all claims must be brought in the person’s or entity’s individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and, unless the parties agree otherwise in writing, the arbitrator may not consolidate more than one person’s or entity’s claims. You agree that, by using the website or Services, you and we are each waving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
11. Injunctive Relief
You agree that any breach of these Terms would cause us irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which we may be entitled, you agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this agreement.
We reserve the right to terminate this agreement and to suspend, limit, or terminate your use of our Services at any time and for any reason, including breach or suspected breach of any of these Terms. Upon termination by us, you must immediately cease using our Services. You may also terminate this agreement at any time by ceasing to use our Services.
13. General Provisions
If any portion of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, that portion shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be amended or reformed to the extent necessary to make such portion valid and enforceable; the remaining portions of these Terms shall remain in full force and effect.
These Terms are personal to you. You cannot assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent.
The failure of either you or us to exercise any right provided for in these Terms in any way will not be deemed a waiver of any other rights.
These Terms, and the terms set forth in our Privacy Notice, and in any applicable confidentiality agreement, constitute the entire agreement between you and us regarding your use of our Services and supersede any prior agreements between you and us relating our Services.