100x Tour - Terms and conditions

100x

Purchase Policy

Last Updated: October 29, 2026

This Purchase Policy (“Policy”) applies to all purchases made on the websites, subdomains, ticketing websites, and mobile applications operated or licensed by 100x, LLC and its affiliates (collectively, “100x,” “we,” “us,” or “our”), including 100xhospitality.com and any event- or program-specific site we operate (collectively, the “Site”). This Policy governs the purchase, possession, and use of all products and services we sell, offer, or fulfill, including event tickets, VIP ticket packages, travel packages, activations and experiences, transportation products, and merchandise (each a “Product” and collectively “Products”). This Policy is incorporated into, and supplemented by, our Terms of Use, which govern your use of the Site generally. If this Policy conflicts with the Terms of Use with respect to a purchase, this Policy controls as to that purchase, except that Section 17 (Arbitration and Class Action Waiver) of this Policy controls over any conflicting dispute resolution language in the Terms of Use.

Please also review our Privacy Policy, which describes how we collect, use, disclose, and secure personal information.

ARBITRATION NOTICE: Except as described in Section 17 below, and unless you opt out as set forth in that section, you and 100x agree that disputes will be resolved by binding individual arbitration, and you waive your right to a jury trial and to participate in any class, collective, or representative action.

1. Agreement to Be Bound

By purchasing any Product through the Site, you agree to be bound by this Policy and by any additional terms and conditions imposed by the applicable third-party provider of the event, venue, accommodation, transportation, or other service (collectively, “Suppliers”), whether or not we have disclosed those additional terms to you. Supplier terms may include, without limitation, age restrictions, identification requirements, conduct rules, and cancellation policies that are more restrictive than ours.

You warrant that you are at least 18 years of age and have the legal authority to enter into this agreement and to make purchases through the Site. You are responsible for all arrangements and purchases made via your account and are financially responsible for all such purchases. We are not a joint venturer, partner, or agent of any Supplier. If you are making a purchase on behalf of another person, this Policy also applies to that person, and it is your duty to inform them of it. You will use the Site solely to make legitimate purchases for yourself or for another person for whom you are legally authorized to act.

For certain events, children seventeen (17) years of age or younger may attend only if accompanied by their parent or legal guardian (with valid proof of such) at all times. Certain venues, accommodations, or events may impose higher minimum age requirements. For Travel Packages, the purchaser or the lead guest named on the hotel reservation must meet the hotel’s minimum check-in age, which is often twenty-one (21) years of age, and must present valid government-issued photo identification at check-in. Please review all Product details prior to purchasing; no refunds or exchanges will be available for erroneously purchased Products. Occupancy and group-size limits stated in a Product description are strictly enforced.

2. Products We Sell

Our Products fall into the following categories. Some sections of this Policy apply only to certain categories; where a section is category-specific, it is marked accordingly.

2.1 Event Tickets

Revocable licenses to attend a specific event we produce, co-produce, or for which we have been appointed as an authorized seller. Event Tickets may include general admission, reserved seating, camping, parking, and single-day or multi-day passes.

2.2 VIP Ticket Packages

Event admission bundled with one or more premium amenities, which may include premium viewing, hospitality areas, early entry, parking, commemorative items, food and beverage, artist experiences, or other benefits described in the Product listing.

2.3 Travel Packages

Event admission bundled with hotel, camping, or resort accommodations and, where specified, transportation, ground transfers, meals, or other travel-related components. Travel Packages are fulfilled in part by third-party Suppliers.

2.4 Activations and Experiences

Curated programming we produce at venues, resorts, or destinations, which may include hospitality activations, pre- and post-show experiences, shuttle-based programs, multi-day destination programming, and similar offerings.

2.5 Transportation Products

Shuttle, transfer, and other transportation services sold independently or bundled with another Product.

2.6 Merchandise

Physical goods offered through the Site or at an event.

3. General Terms Applicable to All Products

3.1 Purchase Limits

When purchasing through the Site, you are limited to a specified number of Products per event or program. This limit is posted during the purchase process and is verified with every transaction. This policy is in effect to discourage unfair buying practices. If you would like to purchase more than the posted limit, please contact Guest Services. Each account must be linked to a unique individual and must contain valid and verifiable information. Multiple accounts may not be used to circumvent or exceed published limits. If you exceed or attempt to exceed the posted limits, we reserve the right to cancel, without notice, any or all orders and Products, in addition to restricting your purchasing abilities. Products cancelled due to violating the posted limit may be refunded at face value, excluding fees. This includes orders associated with the same name, email address, billing address, credit card number, or other information.

3.2 Resale Restrictions

Except to the extent permitted by applicable federal, state, or local law, statute, regulation, or ordinance, no element of your purchase may be resold or offered for resale without our prior written consent, which may be withheld, conditioned, or delayed. Any resale in violation of this Policy or applicable law will invalidate your purchase and revoke any license granted. Unlawful resale or attempted unlawful resale of any Product, including counterfeit or copy of tickets, wristbands, or credentials, is grounds for seizure and cancellation without compensation. Products may not be used for advertising, promotions, contests, or sweepstakes unless formal written authorization is given by us.

If access to a Product is limited to verified fans, presale code holders, or other approved purchasers, any code, link, or access credential issued to you is personal to you and may not be shared, sold, or transferred. We may cancel, without refund, any purchase made using a code, link, or credential that was shared, sold, transferred, or otherwise used in violation of the applicable access terms.

3.3 Revocable License and Event Rules

Any Product that includes admission to an event constitutes a revocable license to attend that event, and admission may be refused. You and other members of your party may be required to follow rules, policies, protocols, terms, and conditions of the event (“Event Rules”) put in place by the applicable local, state, or federal government, the venue owner or operator, the event organizer, or us. You agree to comply with all Event Rules. We will not issue any refunds if you are denied access to or ejected from an event for failure to follow the Event Rules.

3.4 Redemption, Delivery, and Guest Registration

The method by which you redeem your Product, receive credentials, or access event or travel elements will be communicated to you at the time of purchase or prior to the applicable event or experience, and may include digital delivery, will-call pickup, registration through a guest dashboard, or other methods we designate. For Products where we provide a guest dashboard (which may apply to VIP Ticket Packages, Travel Packages, and certain Activations and Experiences), you must register yourself and any guests during the period allotted to you. For all Products that include admission to an event, you must present proper identification for yourself and any guests upon arrival. If you fail to complete any required redemption, registration, or identification step, we may, at our sole discretion and without refund or other compensation, refuse admission or refuse to provide credentials.

You and your guests must be physically present to receive credentials. No other person may retrieve credentials on your behalf, and you may not receive credentials on behalf of your guests. Where a guest dashboard or guest registration process applies to your Product, guest names must be submitted by the deadlines stated for the applicable event or program. Name changes or additions after the posted deadline may be subject to a fee disclosed at the time of request, and in some cases may not be permitted.

Where event tickets included in your Product are issued by a third-party ticketing platform (for example, Ticketmaster), your tickets may be delivered by electronic transfer to the email address used for your purchase. You must accept the transfer using that email address and comply with the ticketing platform’s terms, including any restrictions on the transfer or resale of tickets. Ticket delivery may be delayed until closer to the event at the discretion of the artist, venue, or ticketing platform.

4. Terms Specific to Travel Packages

The terms in this Section 4 apply to Travel Packages or Products that include hotel accommodations, air travel, or ground transportation provided by a third-party Supplier.

4.1 Passport and Travel Documentation

A VALID PASSPORT IS REQUIRED FOR TRAVEL OUTSIDE OF THE UNITED STATES AND FOR MOST ENTRY POINTS WHERE OUR INTERNATIONAL EVENTS TAKE PLACE. IF THE EVENT IS OUTSIDE OF THE UNITED STATES, PLEASE BE SURE YOU HAVE A VALID PASSPORT PRIOR TO PURCHASE. NO REFUNDS OR EXCHANGES WILL BE AVAILABLE IF YOU ARE UNABLE TO TRAVEL FOR ANY REASON, INCLUDING INABILITY TO OBTAIN TRAVEL DOCUMENTATION.

You are solely responsible for obtaining and carrying a valid passport, visas, immunization records, and all other documents required by applicable government regulations when traveling. We are not responsible for lost payments made toward your purchase if a visa or other required documentation is not issued to you.

4.2 Hotel Accommodations

Accommodations included in a Travel Package are provided to us by third-party Suppliers. We make no representation or warranty as to the hotel, its rooms, bedding, or location, or as to any restrictions placed on the use or occupancy of the hotel or the rooms by the providing hotel or applicable law. All reservations are subject to substitution of a hotel of equal rating or price. Hotel star ratings outside the United States are assigned by the country and may differ from U.S. ratings. Hotel ownership and flag names may change before your trip.

You agree to abide by all hotel policies and laws, and to contact the hotel directly with any questions concerning those policies prior to travel. Certain hotels have minimum age requirements. The hotel will require valid government-issued photo identification (and, for travel outside the United States, a valid passport) upon check-in and a credit card or cash deposit to cover incidentals incurred during your stay. Such deposit is separate from any payment received by us for your Travel Package purchase.

You and members of your party may be required to sign additional documents in connection with hotel or other accommodations. You agree to execute and deliver all such documents reasonably necessary for your purchase to be fulfilled. In case of your refusal or failure to do so within the time period required by us, you hereby nominate, constitute, and appoint us as your true and lawful attorney-in-fact, irrevocably, to execute and deliver all such documents and instruments in your name and on your behalf. If you fail or refuse to execute such documents and we elect not to execute them on your behalf, we reserve the right, without refund of any portion of the price paid or other compensation, to cancel your purchase or to refuse admission to or eject any person from any applicable facility or event.

4.3 Air Travel and Ground Transportation

Unless expressly stated in writing, airline and ground transportation reservations are not included in your Travel Package or Product. You will not be entitled to a refund if you are unable to use your Travel Package or Product due to any failure to procure appropriate transportation or any disruptions to your travel plans. You are solely responsible for reviewing and verifying all information on any travel documents you receive from us, and for contacting us immediately if changes or corrections are required.

You agree to provide all relevant travel information required by us in a timely manner, including airport information, flight numbers, delays, rescheduling, and any other travel-related delay. If you fail to provide this information by the applicable deadline or within a timely manner as determined by us in our sole discretion, you may experience delays in your accommodations and transportation, including check-in times and shuttle pick-up and drop-off.

4.4 Travel Insurance

We strongly recommend that you purchase travel insurance to protect against unexpected events that may affect your ability to use your Travel Package or Product. Travel insurance is not included in any Travel Package or Product unless expressly stated. Any travel insurance you obtain is a separate contract between you and the insurance provider, and we are not a party to it.

5. Pricing, Payment, and Service Fees

All prices are displayed in U.S. dollars unless otherwise indicated. Prices, availability, and Product details are subject to change without notice. Service fees, processing fees, and applicable taxes may be added to your purchase and will be disclosed during checkout. By completing a purchase, you authorize us (or our payment processor) to charge the total amount to your selected payment method. If payment is not received or authorization is rescinded, we may void your purchase without notice.

5.1 Payment Plans

If a payment plan is offered for a Product and you elect it at checkout, you authorize us (or our payment processor) to charge the payment method on file for each installment in the amounts and on the dates shown at checkout. A non-refundable payment plan fee will be disclosed at checkout. Payment plans must be selected at checkout and cannot be added after an order is placed. Once your first payment is received, the price of your purchase will not change. You may update your payment method or pay your remaining balance early at any time through your account. No interest is charged on payment plans.

You are responsible for making sure each installment is paid. If an installment payment fails, we will notify you by email and attempt to process the payment again. If an installment remains unpaid, we may cancel your purchase. If your purchase is cancelled for non-payment, amounts you paid will be forfeited and non-refundable unless prohibited by applicable law. 

6. Event Venue and Seating

Venue, seating location, stage configuration, sight lines, amenities, and other event-specific details are determined by us, the venue, or the event organizer and are subject to change. Venue capacity, safety, and operational requirements may affect available seating. We make no representation or warranty regarding specific sight lines or amenity availability unless expressly stated in the Product listing.

If you select a seating category or area rather than a specific seat, your seat will be located within the category or area you selected, and we do not guarantee specific rows or seat numbers. Seating maps are representative of a venue’s layout and are subject to change. We will not issue refunds if a seating map is updated, if seats or rows are added, or if seats change because of a venue change after your purchase.

Package elements, including hospitality areas, premium viewing locations, artist experiences, commemorative items, merchandise, and food and beverage offerings, are subject to availability, weather, venue configuration, and production requirements, and may be substituted with elements of comparable value at our sole discretion. Substitution of an element does not entitle you to a refund.

7. Event Acts and Headliners

Non-headline event acts, guests, support acts, and undercards (each an “Event Act”) may perform with or before headlining performers. Event Acts and festival performers are subject to change or cancellation at any time without notice. No refund will be owed if an Event Act or festival performer is changed or cancelled. Headliners may be individuals or bands; if one or more members of a band is unable to perform but the band plays the event, no refund will be owed.

8. Cancelled, Postponed, Rescheduled, and Moved Events

Occasionally, events are cancelled in whole or in part, postponed, rescheduled to a different date or a materially different time, or moved to a different venue. If an event is cancelled, and subject to applicable law, we may issue refunds or other forms of credit depending on the circumstances of the affected event and your ability to use the elements of your Product. For example, you may receive a refund for the ticket portion of a Travel Package but not for the hotel accommodation portion or any other elements you have used or are still able to use.

If an event is postponed, rescheduled, or moved, your Product (including any add-ons or upgrades) will remain valid in most cases, and no further action on your part will be required. If an event spans multiple days and one day of the event is affected (for example, by weather) and the event as a whole is not cancelled, no refunds will be provided. Any refund or credit policy is determined on an event-by-event basis and may be subject to limitations. If we approve refunds or credits, we will send you a notification explaining your options, and you may submit a request for a refund or credit. If your event is cancelled, postponed, rescheduled, or moved, we will attempt to contact you to update you on the status of the event and inform you of any refund, credit, or exchange procedures. For exact instructions, please check the event information on the Site and in your account, or contact us.

Other than hotel accommodations booked with your Travel Package, we will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled, postponed, rescheduled, or moved event, including airfare and other forms of transportation.

9. Refunds, Credits, and Exchanges

UNLESS OTHERWISE NOTED IN WRITING AT THE TIME OF PURCHASE, ALL SALES ARE FINAL, NON-TRANSFERABLE, NON-REFUNDABLE, NON-EXCHANGEABLE, AND NOT REDEEMABLE FOR CASH. IF YOU FAIL, FOR ANY REASON, TO MAKE A PAYMENT, WE MAY VOID YOUR PURCHASE AND YOU WILL NOT RECEIVE A REFUND. THERE ARE NO REFUNDS OR EXCHANGES FOR ILLNESSES, EMERGENCIES, OR ANY OTHER UNEXPECTED CIRCUMSTANCES AFFECTING THE EVENT OR YOUR ATTENDANCE AT THE EVENT.

9.1 Name Changes

For certain purchases you may be eligible to submit a name change; if applicable, this will be communicated to you at the time of sale and may be subject to a fee. We are not obligated to provide you with your Product (or any element of it) until we have received full and timely payment of the total fee owed. We are not responsible for lost, stolen, or damaged tickets or credentials. Please confirm all details of your purchase prior to completing the sale. Any changes you request after your purchase is complete, to the extent permitted in our sole discretion, may result in additional costs.

9.2 Refund Processing

If any portion of your Product is eligible for a refund, we will issue a refund of the price you paid, any service fees, and any add-ons or upgrades, less the value of any elements of your Product that you used or were able to use. Refunds are processed to the original method of payment used at the time of purchase. We cannot issue a refund to a different credit or debit card. If your card number has changed but is for the same account, the refund will be processed to that account. If there is an account with an outstanding balance owed to us, we reserve the right to hold all refunds for that account until no balance remains. If a refund is processed in error or exceeds the original amount paid, we reserve the right to recharge the original method of payment. We may occasionally offer Products at a discount after the original on-sale date and will not refund the difference between the original price and the sale price. All merchandise purchases are final, and there will be no refunds, exchanges, or credits for merchandise purchases. For travel insurance refunds, please contact the insurance provider.

9.3 Chargebacks

You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner regarding Products you purchased. You will not contact us to seek a refund or exchange from us when we are prohibited from providing one, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card or other method of payment you used to purchase Products from the Site. If you initiate a chargeback, your Products are subject to immediate cancellation, and we may, in our sole discretion, refuse to honor pending and future purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist and from any person who accesses any associated online account or credit card or who otherwise breaches this provision. If we prevail on any chargeback you initiate, you agree to reimburse us for our attorneys’ fees, time, costs, and expenses in rebutting the chargeback and to pay any damages we suffer because of your chargeback dispute. We reserve the right to report fraudulent chargebacks to authorities.

10. Account, Order, and Billing Information Verification

All information on accounts and orders must be valid and is subject to verification. Orders are subject to credit card approval and are processed only after the billing address associated with your credit card and other billing information have been verified. Orders placed or attempted to be placed using an account with information that is false, misleading, incorrect, or incomplete, or that cannot be verified as belonging to the account holder (including name, address, email address, phone number, IP address, or other account or billing information), are subject to cancellation at any time. If your order is cancelled for any of these reasons, we may sell your Product to another customer without further notice.

11. Browser Sessions

When ordering Products via the Site, please use only one browser window when you look for a Product and place an order. Using multiple browser windows could result in losing your Product, errors during the purchase process, or timer expiration.

12. Limitation of Liability

We make no representations or warranties concerning the condition of any venue where an event is to take place or the venue’s suitability for any particular purpose, and you accept the venue “as is.” You may be relocated to an alternative seating location in the sole discretion of us or the venue, and no such relocation shall entitle you to a refund, make-good, or other remedy if you are relocated to a comparable seating location in the venue.

Objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during, and after the performance. If struck, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the event for which the Product is issued, whether occurring before, during, or after the event, and you waive any claims for personal injury or death against the Protected Parties on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change.

An inherent risk of exposure to communicable diseases or illnesses exists in any place where people gather. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness, including exposure to COVID-19 or any other bacteria, virus, or pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after your Product, and regardless of how caused or contracted, and you hereby waive any and all claims and potential claims against the Protected Parties relating to such risks, hazards, and dangers.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROTECTED PARTIES (AS DEFINED BELOW) WILL HAVE NO LIABILITY TO YOU ARISING OUT OF OR RELATED TO YOUR PURCHASE OR ANY PRODUCT, UNDER ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE. YOU RELEASE AND WAIVE ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES, INCLUDING INDIRECT, PUNITIVE, 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE).

IF, NOTWITHSTANDING THE FOREGOING, THE PROTECTED PARTIES ARE FOUND LIABLE, THEIR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR PURCHASE OR ANY PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID DIRECTLY TO 100X FOR THE CORRESPONDING PRODUCT. THIS LIMITATION APPLIES TO ALL FORMS OF DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

UNLESS OTHERWISE PERMITTED BY LAW, NO ACTION ARISING OUT OF OR RELATING TO THIS POLICY OR THE TRANSACTIONS IT CONTEMPLATES MAY BE COMMENCED AGAINST US MORE THAN TWELVE (12) MONTHS AFTER THE BASIS FOR SUCH CLAIM COULD REASONABLY HAVE BEEN DISCOVERED.

“Protected Parties” means 100x, the relevant artists or acts, each third-party service provider, their respective affiliates, subsidiaries, and parent companies, and each of their officers, directors, employees, agents, information providers, and partners. Some jurisdictions do not allow certain limitations of liability; in those jurisdictions, our liability is limited to the greatest extent permitted by law.

13. License, Ejection, and Cancellation

You agree to comply with all applicable Event Rules. We reserve the right, without refund of any amount paid, to refuse admission to or eject any person whose conduct management deems inappropriate or disorderly, who uses vulgar or abusive language, or who fails to comply with the Event Rules. Breach of Event Rules will terminate your license to attend the event without refund. Any Product that includes admission to an event constitutes a revocable license, and admission may be refused.

14. Recording, Transmission, and Exhibition

You agree that any event for which you purchase a Product is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy regarding your actions or conduct at the event. You grant permission to us, the event organizers, the event venue, our partners, licensees, and assigns, including our brand and media partners, to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of or at the event (whether before, during, or after the performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from or compensation to you or anyone acting on your behalf.

15. You Are Subject to Search

You and your belongings may be searched on entry to an event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including firearms, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (including artificial noisemakers), bundles, and containers.

16. Disclaimer

ALL PRODUCTS, GOODS, AND SERVICES PROVIDED IN CONNECTION WITH A PURCHASE OR AN EVENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, 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 LAW.

You acknowledge that by purchasing a Product, attending any event, or using any corresponding amenity, you may be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss, and severe social and economic losses. These risks include those caused by or in connection with (a) the actions, inactions, or negligence of any third party, participant, volunteer, performer, guest, or spectator; (b) the conditions of any premises or equipment used; (c) temperature or weather; (d) the 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 may be subject to extremely loud music and sounds, as well as strobe, hydro, pyrotechnic, animatronic, fireworks, lighting, and other special effects, including 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 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 hearing or hearing loss, and other health conditions.

ALL THIRD PARTIES, INCLUDING ALL SUPPLIERS, ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF 100X. WE ARE 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 FROM THEIR ACTS OR OMISSIONS. WE SHALL HAVE NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSE BEYOND OUR DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSION, DELAY, OR ACT OF ANY GOVERNMENT OR AUTHORITY.

17. Arbitration and Class Action Waiver

THIS SECTION AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

Agreement to Arbitrate

Except as set forth below, the Protected Parties (as defined in Section 12, together with 100x’s successors and assigns) and you agree that any past, present, or future dispute or claim arising out of or relating to this Policy, any Product, any purchase, or the relationship between you and any Protected Party (each, a “Dispute”) will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, where applicable, its Comprehensive Arbitration Rules and Procedures), including its Consumer Arbitration Minimum Standards (the “JAMS Rules”), rather than in court.

“Dispute” is to be read broadly and includes claims based in contract, statute, tort, fraud, consumer rights, misrepresentation, or any other legal theory, including claims that arose before you agreed to this Policy.

Exceptions

The following are not subject to arbitration: (a) questions about the validity, enforceability, scope, or coverage of this arbitration provision, which are decided by a court; (b) Disputes seeking to enforce or concerning the validity of intellectual property rights; (c) individual claims brought in small claims court within its jurisdictional limits; and (d) any Dispute already pending in court before this provision took effect.

Governing Law; Arbitrator Authority

The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs this arbitration provision in all respects, including the interpretation and enforcement of this provision and the class action waiver below. State arbitration laws do not govern. Court review of arbitration awards is limited, but the arbitrator may award the same damages and relief as a court in an individual case and must apply applicable substantive law, statutes of limitations, and privilege rules. Judgment on the award may be entered in any court of competent jurisdiction.

JURY TRIAL WAIVER. WITHOUT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND TO A JURY TRIAL.

Procedures

To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to: 100x, LLC, Two Logan Square, Ste. 550, Philadelphia, PA 19103, ATTN: Legal. JAMS forms and rules are available at www.jamsadr.com or by calling (800) 352-5267. Payment of filing, administrative, and arbitrator fees will be governed by the JAMS Rules.

The arbitration will be conducted by a single arbitrator. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Philadelphia, PA. If the Philadelphia venue is held unenforceable as to you, the arbitration shall take place in person in the county where you reside or at another mutually agreed location. Each party will bear the expense of its own attorneys, experts, and witnesses, unless applicable law or this Policy give a party the right to recover such expenses.

Class Action Waiver

YOU AND THE PROTECTED PARTIES AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. NO ARBITRATION WILL BE JOINED OR CONSOLIDATED WITH ANOTHER WITHOUT ALL PARTIES’ WRITTEN CONSENT. THE ARBITRATOR HAS NO AUTHORITY TO AWARD RELIEF THAT APPLIES TO ANY PERSON OR ENTITY OTHER THAN YOU AND THE PROTECTED PARTIES INDIVIDUALLY.

Survival and Severability

This arbitration provision survives termination of this Policy and applies to any subsequent agreement between you and a Protected Party, including the Terms of Use. If any portion of this provision is found invalid or unenforceable, the remainder will continue in effect, except that: (a) if the Class Action Waiver is found unenforceable as to a Dispute that does not seek public injunctive relief, this arbitration provision will be void as to that Dispute; and (b) if a claim seeks public injunctive relief and the restrictions on third-party relief are found unenforceable as to that claim, the claim for public injunctive relief will be decided in court and any individual monetary claims will be arbitrated, with the public injunctive claim stayed pending the arbitration.

Right to Opt Out

If you do not want this arbitration provision to apply, send a signed written notice (not electronic) within thirty (30) calendar days after your first purchase through the Site to: 100x, LLC, Two Logan Square, Ste. 550, Philadelphia, PA 19103, ATTN: Legal. Include your name, address, telephone number, and a statement that you “opt out” of the arbitration provision. Opting out will not affect any other provision of this Policy or the Terms of Use. A single timely opt-out notice under this Policy or under the Terms of Use will be effective as to both documents.

Governing Law and Venue for Non-Arbitrated Disputes

Subject to applicable law, this Policy is governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. For any Dispute not subject to arbitration under this Section 17, exclusive venue is the United States District Court for the Eastern District of Pennsylvania, or, if that court lacks subject-matter jurisdiction, the state courts of Pennsylvania located in Philadelphia County. You consent to the personal jurisdiction of those courts and waive any venue, personal jurisdiction, and inconvenient forum objections.

Nothing in this Policy limits any rights you may have under the mandatory consumer protection laws of the country in which you reside that cannot be excluded or limited by agreement, including, for consumers resident in the United Kingdom or the European Economic Area, rights under applicable package travel and consumer contract laws. To the extent such laws prohibit it, the arbitration and class action waiver provisions of this Section 17 and the choice of Pennsylvania law and venue will not apply to you. Where a Product is sold to you by a third-party merchant of record, that merchant’s terms may also apply to your purchase.

18. California Consumer Rights Notice

UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA RESIDENTS ARE ENTITLED TO THE FOLLOWING SPECIFIC CONSUMER RIGHTS NOTICE: THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS MAY BE CONTACTED IN WRITING AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.

19. Changes to This Policy

We may modify this Policy at any time. Revisions will be posted to the Site with an updated “Last Updated” date and take effect immediately. Continued use of the Site or purchase of any Product after a revision constitutes acceptance. We will not amend Section 17 (Arbitration and Class Action Waiver) in a manner that materially and adversely affects your rights without giving you a right to reject the amendment.

20. Charitable Donations Associated with Products

Certain Products may be advertised in connection with a donation to a charitable organization. Unless the Product listing expressly states that 100x is making the donation, any such donation is made solely by the party identified in the Product listing (for example, the artist or the artist’s designated entity), and 100x is not the donor. No portion of the price of any Product is a charitable contribution, and no portion of your purchase is tax deductible. 

21. Contact

For questions about this Policy or to contact Guest Services, please visit 100xhospitality.com or write to us at 100x, LLC, Two Logan Square, Ste. 550, Philadelphia, PA 19103, ATTN: Legal.