Invent Your Scent® LLC Terms of Use

This Terms page was last updated on March 23, 2017

Thank you for purchasing for your INVENT YOUR SCENT LIVE! (133 SCENTERTAINMENT LLC ticket(s) (the “Ticket”)! These Terms of Use (the “Terms”) govern your use of the Invent Your Scent Live service (IYSL), as well as the use of the Ticket, including all features of IYSL website (the “Website”), user experience, all content associated therewith (collectively the “Invent Your Scent Live Service” or “Service”). When you or the person for whom you have purchased the Ticket eventually utilize the Ticket you/they will sign up for a IYSL event (the “Event”) and will then be bound by the Event’s own set of terms and conditions. By using, visiting, or browsing the IYSL Service, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the IYSL Service, including the Website, and you should not purchase the Ticket.

These Terms are also a resource for you to get a deeper understanding of how the IYSL Service works, including the kinds of data collected, how bills are processed, how IYSL interacts with you and other useful details about the IYSL Service. IYSL hopes you enjoy your IYSL experience.

Definitions

  • The term “Event” means the Event you or the person for whom you purchased the Ticket utilizes the Ticket to attend.
  • Payment Method – The term “Payment Method” means the method of your payment for the Ticket that you indicated during your purchase of the Ticket.
  • All references herein to “you” or “your” shall mean and refer to the person who purchased the Ticket, and includes any persons that eventually utilize the Ticket to attend the Event.
  • The term “venue” shall mean the location where the Event will take place.
  • The term “Website” shall mean the website hosted by IYSL: http;//www.inventyourscent.com (and all pages contained therein).
  • The term “Ticket” shall mean a revocable license or licenses which you or a person for whom you have purchased the Ticket may utilize to attend the Event, and includes any gift Ticket purchased.
  • Fragrance: The term “Fragrance” or “Custom Fragrance” shall include any perfume or cologne you have created with the “Foolproof Blending Kits*” from our fragrance partner, Demeter Fragrance.  *Foolproof Blending Kits are a trademark of Demeter Fragrance Library.

How the Invent Your Scent Live! service works

IYSL is an entertainment service that will provide an evening of custom fragrance making at the venue.

IYSL reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how IYSL operates the Service. Any description of how the Service works should not be considered a representation or obligation with respect to how the Service will always work, as IYSL is constantly making adjustments to the Service and often these adjustments are not completely captured within these Terms.

Availability

The availability of IYSL events at particular venues will change from time to time and could potentially change on the day of the Event. The availability of a specific instructor at the Event may change at IYSL’s sole discretion. While IYSL will endeavor to make the scentertainer you have signed up for available for the Event, the scentertainer may change at IYSL’s sole discretion without notice to you.

Materials Provided

Included in this 90-minute happening, IYSL fragrance-making kit, which yields one ounce of perfume/cologne in an atomizer when complete, as well as more fragrance to create with at home and a recipe card to remember your exclusive blend. While IYSL maintains quality control over the materials it uses, exact kit may vary from event to event, and venue to venue, and may be affected by a variety of factors.

End Result

IYSL makes no representations or warranties about the quality of any fragrance or individual experience at the Event. Every fragrance will be unique, and the expectation that fragrance will be exactly what you are expecting is unprecedented.

Start Time

IYSL will make every effort to begin the instruction at the designated start time and complete the instruction in under 1-1/2 hours. However, the time it takes to begin and complete the instruction will vary based on a number of factors, and IYSL makes no representation as to the exact amount of instruction time at the Event.

Capacity Limitations

You may not be able to attend the Event due to capacity limitations of the venue where the Event takes place. IYSL recommends that you arrive at the venue at least 30 minutes prior to the start of the Event.

Invent Your Scent Live Fragrances

IYSL may change which fragrance set will be offered at the Event and may make such change without notice to you.

Privacy policy and communication with you

Any personally identifying information submitted through the IYSL Service is subject to IYSL’s Privacy Policy, the terms of which are incorporated herein by reference.

By using the IYSL Service, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from IYSL. For example, IYSL may send you newsletters about new IYSL features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply email info@133scentertainment.com and ask to be removed from such future correspondence.

In addition, by utilizing the IYSL Service you expressly and/or impliedly consent to receiving electronic communications from IYSL relative to your purchase, including notices about your purchase (e.g., change in event time or venue or Payment Method, confirmation e-mails and other transactional information), and information concerning or related to the IYSL Service. These communications are part of your relationship with IYSL and you receive them as part of the IYSL Service. You agree that any notice, agreements, disclosure or other communications that IYSL sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

IYSL will not sell your email address to any third party.

Gift ticket conditions

When you purchase a gift Ticket, you must select a region (the “Region”) where the gift Ticket will be used. Once you have selected the Region, you may only utilize the gift Ticket in that Region.

Gift Tickets may only be utilized to attend the Event, and may not be exchanged for any other item. Each gift Ticket has a maximum value of either (a) $60. Gift Tickets are not refundable and have no cash value.

By redeeming your gift Ticket, you agree that IYSL has satisfied all of its obligations with respect to the redemption thereof.

Gift Tickets do not expire and may be used to attend an eligible Event notwithstanding (i) any previously stated expiration date or (ii) your purchase or receipt of a Gift Ticket at a time when there was a stated expiration period.

Promotions

IYSL promotions may not be combined with any other offers or your Ticket.

You may cancel your evening with IYSL at any time. However, there are no refunds or credits for unused promotional tickets.

IYSL may offer a number of special promotional tickets with different limitations. Some of these promotional tickets are offered by third parties in conjunction with the provision of their own products and services. IYSL is not responsible for the products and services provided by such third parties. IYSL reserves the right to modify, terminate or otherwise amend IYSL offered promotional tickets.

Billing

By purchasing a Ticket, you are expressly agreeing that IYSL is authorized to charge you a fee at the then current rate for such Ticket, and any other charges you may incur in connection with your use of the IYSL Service to the Payment Method you provided during your Ticket purchase. Please note that prices and charges are subject to change with notice.

As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The Ticket fee will be billed on the day you purchase the Ticket and not on the day you utilize the Ticket.

You acknowledge that the amount billed for each Ticket you purchase may vary from day to day for reasons that may include differing amounts due to promotional offers, and you authorize IYSL to charge your Payment Method for such varying amounts.

Ticket fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED OR PARTIALLY USED TICKETS. Your Ticket never expires. At any time, and for any reason, IYSL may provide a refund, discount, or other consideration (“credits”) to some or all of IYSL’s customers. The amount and form of such credits, and the decision to provide them, are at IYSL’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate IYSL to provide credits in the future, under any circumstance. IYSL may change the fees and charges in effect, or add new fees and charges from time to time, but IYSL will give you advance notice of these changes by email.

IYSL will bill the Ticket fee to the Payment Method you provide to IYSL during your purchase of the Ticket.

Right to terminate

IYSL reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.

IYSL does not warrant that any of the events or materials used in connection with the Service, nor does IYSL warrant the operation of the Service.

Social media

You can connect IYSL to your Facebook or other social media accounts (“Social Media Accounts”). If you choose to connect your account with any Social Media Accounts, you will be able to take advantage of various social features IYSL may already have or will be creating, as part of the Service, as well as features available on such Social Media Accounts. These features will be designed to share information with others - the essence of social media. For example, your friends and others who have access to view information about you on Facebook will be able to see (on Facebook and on IYSL) that you are a IYSL customer as well as what you have created, eaten or had to drink, with whom you attended an event, and other information about your use of the IYSL Service. You will also be able to see similar information about your Facebook friends who are connected with IYSL. In addition, IYSL may personalize and otherwise enhance your experience based on your Facebook information, such as your basic information, and “Likes.” Please pay careful attention to your Facebook Connect settings in “Your Account” as well as your Privacy Settings in your Social Media Accounts which will impact this feature and may give you some control over the information that is shared and with whom it is shared.

BY CONNECTING THE IYSL ACCOUNT TO ANY SOCIAL MEDIA ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE RELEVANT SOCIAL MEDIA ACCOUNT (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA ACCOUNT). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR IYSL ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT IYSL AT INFO@INVENTYOURSCENT.COM TO HAVE YOUR INFORMATION REMOVED. IYSL and social media companies are continually making changes and improvements to this feature, and therefore the available features and information that are shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms.

Customer reviews

IYSL encourages you to post reviews of IYSL events through the Service. IYSL reserves the right to promote, reject, remove or edit such content at any time without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on IYSL or its personnel, misleading information regarding the origin of the content; or a discussion of IYSL policies or services. You understand and agree that IYSL may, but is not obligated to, review the content and may delete or remove it (without notice) in IYSL’s sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.

WHEN YOU HAVE SUBMITTED A REVIEW, IYSL WILL DISPLAY YOUR RATING OF EVENTS. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF AN EVENT, TO A PUBLIC FORUM, INCLUDING OTHER CUSTOMERS OF, AND VISITORS TO, THE IYSL SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW AN EVENT FEATURE.

The Review an Event feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

Age restriction

IYSL is not available to children.  The IYSL service is exclusively for adults who minimally are of the legal drinking age of that venue.  IYSL is not responsible in any way if persons are below the legal drinking age.  Should the IYSL designee discover that an attendee is under the legal drinking age, the designee may refuse to include the underage customer in the event, even if they have purchased a ticket to the event.  IYSL has the right to ask the individual for a valid i.d. as proof of age, and the ticket holder will comply with that request.

Venue

At the Event, you may encounter third-party services (“TPS”), including, but not limited to food and beverage service from the venue where your Event will take place. These TPS are provided solely as a convenience to you, and IYSL is not responsible for and does not endorse the TPS provided by the venue where your Event will take place. You understand that you are responsible for all additional charges you incur at your Event, including, but not limited to food and beverage charges.

SUCH TPS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY IYSL. Some of these TPS may even use IYSL trademarks in connection with your Event. IYSL is not responsible for and does not endorse the content of such TPS. You will need to make your own independent judgment regarding your interaction with these TPS. By using such TPS, you acknowledge and agree to the following: (i) your use of any TPS may cause personally identifying information, such as a photo, to be publicly disclosed and/or associated with you, even if IYSL has not provided such information, and (ii) your use of any TPS IS AT YOUR OWN OPTION AND RISK. You agree to indemnify and hold IYSL harmless, previously forth, for the sharing of information or the receipt of TPS relating to your Event that results from your use of any TPS. You further agree to indemnify and hold IYSL harmless, from all claims that in any way involve or relate to the provision of TPS. If you have any questions, concerns, complaints, or claims about a particular TPS, you should contact the support or contact personnel of the particular TPS provider and not IYSL, unless otherwise indicated by IYSL. IYSL DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify IYSL, as previously set forth, for any and all claims made as the result of the provision of TPS at your Event.

Disclaimers of warranties and limitations on liability

THE IYSL SERVICE, INVENT YOUR SCENT LIVE’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE IYSL SERVICE, AND YOUR EVENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. IYSL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE IYSL SERVICE IYSL’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE IYSL SERVICE, AND YOUR EVENT. IYSL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE IYSL SERVICE, IYSL’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE IYSL SERVICE, AND YOUR EVENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT IYSL MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE IYSL SERVICE AND YOUR EVENT, INCLUDING OTHER FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. IYSL SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS, IYSL FRAGRANCES, AND ITEMS PROVIDED. Without limiting the foregoing, IYSL assumes no liability or responsibility for any of the following (except in the case of gross negligence or willful misconduct on the part of IYSL): (i) errors or omissions in the content delivered by the IYSL Service or on the IYSL Website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the IYSL Service and/or Website or user interfaces; (iv) delivery and or display of any content contained on the IYSL Website, or otherwise through the IYSL Service; and (v) any losses or damages arising as a result of or related to your Event, the provision of TPS at your Event, the consequences of the provision of TPS at your Event, or otherwise through the IYSL Service itself, including any losses or damages arising from the IYSL Service, Website, Equipment, your Event, or TPS. IYSL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR FRAGRANCE. In addition, IYSL does not represent or warrant that the information accessible via the Website is accurate, complete or current. IYSL does not make any representations with respect to the content contained on events from the IYSL Service or the descriptions of any event content contained on IYSL’s Website and user interfaces. IYSL does not represent or guarantee that your use of the IYSL Service will be free from interruption, and IYSL disclaims any liability with respect thereto. No oral or written information or advice given by IYSL or IYSL’s authorized representative shall create a warranty or otherwise constitute a representation binding upon IYSL.

IN NO EVENT SHALL IYSL, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSEES, EVENT INSTRUCTORS, EVENT ASSISTANTS, SUBSIDIARIES, PARENT COMPANIES, AND SUCCESSORS OR ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE IYSL SERVICE, THE WEBSITE, TPS, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE IYSL SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL  IYSL’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM THE IYSL SERVICE, IYSL’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE IYSL SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.

Intellectual Property

Invent Your Scent/Invent Your Scent Live! are registered trademarks of 133 Scentertainment LLC. The IYSL logo and IYSL.com are trademarks or service marks of Invent Your Scent. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of IYSL. The trademarks, service marks and trade dress of IYSL may not be used or reproduced without prior written approval from IYSL and may not be used in connection with any product or service that is not affiliated with IYSL, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of IYSL, or in any manner that disparages or discredits IYSL. Other trademarks that appear on the Website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IYSL. Any images of persons or personalities contained on the Website are not an indication or endorsement of IYSL or any particular product or our service unless otherwise indicated.

You agree that IYSL is and shall remain the sole owner of all rights, title, and interest in and to any and all Works of Art, and that you shall only have the limited right to utilize a Work of Art for your Event and/or the promotion of an Event, and for no other purpose. At the conclusion of your Event, you may take your custom fragrance and remainder of the kit with you.

Entertainment and Service Content

IYSL provides entertainment and reserves the right to display and promote the filmed or photographed entertainment or other information through the Service, including the Website and user interfaces, such as Social Media Accounts, to you and others in any manner IYSL chooses in its sole and absolute discretion. In addition, the Service allows you and other third parties to post reviews or comments concerning the entertainment distributed by IYSL on Social Media Accounts. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Service are those of the respective authors or producers and not of IYSL, or its members, directors, officers, employees, attorneys, affiliates, licensees, subsidiaries, parent companies, successors, or assigns. Under no circumstances shall IYSL, or its members, directors, officers, employees, attorneys, affiliates, successors, or assigns be held liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service.

Use of information submitted

IYSL is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to IYSL (“Feedback”), including responses to questionnaires or through postings to the IYSL Service, including the Website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the IYSL Service. IYSL may also share your information with third parties for purposes of IYSL’s business. Furthermore, by posting any Feedback on the Website, submitting Feedback to IYSL, or in responding to questionnaires, you grant IYSL a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media of any kind now existing or developed in the future.

Please note IYSL does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to IYSL. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against IYSL, its members, directors, officers, employees, attorneys, affiliates, licensees, subsidiaries, parent companies, successors, or assigns regarding the use of such materials and ideas, even if materials or ideas are used that are substantially similar or identical to the material or idea you sent.

Service testing

From time to time, IYSL tests various aspects of the Service, including the Website, user experience, service levels, plans, promotions, features, availability of venues, delivery, and pricing, and IYSL reserves the right to include you in or exclude you from these tests without notice.

Customer service

If you need assistance, you may find answers and reach Customer Service at any time at info@inventyourscent.com. Also you can visit IYSL’S FAQ page at www.inventyourscent.com where you will find the answers to many frequently asked questions.

Your conduct when accessing the Invent Your Scent service

By accessing the IYSL Service, including the Website, you agree to use the IYSL Service, including all features and functionalities associated therewith, the Website and user experience and all content associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You also agree not to interfere with the instructors, Event assistants, customers or anyone connected to any portion of the IYSL Service, or to violate any of the procedures, policies or regulations of establishments or venues connected to the IYSL Service. You also agree not to impersonate any other person while using the IYSL Service, conduct yourself in a vulgar or offensive manner while using the IYSL Service, or use the IYSL Service for any unlawful purpose.

Links and pages

Some of the hyperlinks on the Website may lead to other websites or other content that are not controlled by, or affiliated with, IYSL. In addition, other websites may link to the IYSL website or IYSL may include links to the websites of businesses, including those that have associations with IYSL through certain programs. These pages may provide links to third parties. IYSL has not reviewed these websites and you agree that IYSL is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites. You acknowledge and agree that IYSL is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, their products or the contents on their websites. These linked websites have separate and independent privacy statements, notices and terms of use, which IYSL recommends you read carefully.

Promotions with ticket codes

Promotional codes may be redeemed on the Website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers. A valid Payment Method will be required when you redeem the promotion code. IYSL will bill your Payment Method automatically. Promotional codes may not be used in conjunction with your gift Ticket purchase.

Arbitration agreement

You and IYSL agree that any dispute, claim, action, or controversy arising out of or relating in any way to the IYSL Service, including the Website, user interfaces, these Terms, the Ticket you purchase, and the Event shall be determined by binding arbitration instead of in courts. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to limited review by courts. Arbitrators may award the same damages and relief that a court can award. You, including all Event attendees for whom or who actually utilize the Ticket purchased by you (“Event Attendees”), and IYSL agree that the laws of the State of New Jersey governs the interpretation and enforcement of this provision, and that you and IYSL are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the conclusion of the Event.

If you elect to seek arbitration, you must first send to IYSL, by certified mail, a written notice of such claim (“Notice”). The Notice to IYSL must be addressed to: 133 Scentertainment LLC, 9 Yale Rd., Marlton, NJ 08053The Notice must state the basis of such claim, including all facts related to such claim, all witnesses to such claim, and a complete statement of the damages such claim seeks, including a description of how such damages are calculated.

YOU, INCLUDING ALL EVENT ATTENDEES, AND IYSL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and IYSL agree otherwise, the arbitrator may not consolidate more than one person’s claims with another person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Governing law and venue

The Terms and the policies and procedures set forth on the Website and any and all disputes between you, including all Event Attendees, and IYSL shall be governed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles, and, as necessary the laws of the United States of America.

You, including all Event Attendees, and IYSL agree that any proceeding involving any dispute, claim, action, or controversy arising out of or in connection with your purchase of your Ticket shall be arbitrated,, solely and exclusively in the State ofNew Jersey, Burlington County, before either (i) JAMS arbitration service, (ii) the American Arbitration Association, or (iii) such other arbitrator as may be agreed to by you and IYSL in writing.

This Governing Law and Venue provision shall survive termination of these Terms and the conclusion of the Event.

In the event the agreement to arbitrate is held to be invalid or unenforceable, which decision shall be made by the arbitrator only, you and IYSL agree that any action or proceeding involving any dispute arising out of or in connection with your Event, these Terms or the policies and procedures set forth on the Website shall be brought only in the State of New Jersey, and you and IYSL hereto irrevocably consent and submit to the exclusive jurisdiction within the applicable state or federal court situated in the State of New Jersey.

Waiver of rights

The failure of IYSL at any time or times to demand strict performance of any of the terms, covenants, or conditions set forth herein shall not be construed as a waiver or relinquishment thereof and IYSL may at any time demand strict and complete performance of said terms, covenants and conditions.

Significance of headings

Section headings contained within these Terms are solely for the purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in the construction of these Terms. Accordingly, in case of any question with respect to the construction of these Terms, it is to be construed as though such section headings have been omitted.

Severability

If any provision of these Terms is held to be unenforceable or illegal, such provision shall be severed from these Terms, and all other provisions set forth herein shall remain in full force and effect.

No adverse construction

You agree that in the event of any ambiguity in these Terms, there will not be any adverse construction against either you or IYSL on the grounds that IYSL drafted these Terms.

Survival

Both your and IYSL’s obligations in these Terms, which by their nature, have significance after the conclusion of the purchase of your Ticket and attendance at the Event, shall survive the termination or expiration of these Terms and the conclusion of the purchase of your Ticket and attendance at the Event.

Authority

You represent and warrant that you have the full right, power, and authority to enter into these Terms on behalf of yourself and any Event Attendees.

Further Assurances

You agree that you shall, at the request of IYSL, execute and deliver such documents, certificates, and other writings, and take such other actions as may be necessary or desirable, to accomplish the goals of these Terms.

Force majeure

Neither you nor IYSL shall be liable for the failure to perform any of the obligations hereunder (other than the payment of money) during any period in which such performance is delayed by fire, flood, earthquake, other natural disaster, war, embargo, riot or the intervention of any government authority, provided that the party that is unable to perform immediately notifies the other party of such inability.

Electronic transactions

You agree to conduct transactions, including, but not limited to the purchase of your Ticket and the acknowledgement of these Terms and future transactions, by electronic means.

Defense and indemnity

You agree to defend, indemnify, and hold IYSL harmless with respect to (i) all disputes, claims, actions, or controversies related in any way to the purchase of your Ticket and (ii) all disputes, claims, actions, or controversies related in any way to any Event Attendees’ attendance of the Event, and that such defense and indemnity shall include all expenses, costs, liabilities, judgments, awards, and attorneys’ fees incurred by IYSL that are related to such circumstances.