Frost Bank Center Terms Of Services

This website is owned and operated by Community Arena Management, LTD., a Texas limited partnership (“CAM”), Bexar County, Texas (“County”), and San Antonio Spurs, LLC, a Texas limited liability company, d/b/a Spurs Sports and Entertainment (“SSE”) (collectively, “Frost Bank Center,” “us,” “our,” or “we”). These Terms of Service ("Terms of Service") set forth the terms and conditions under which you are authorized to use our website, www.attcenter.com (“Website”). To the extent additional rules or guidelines affect your use of the Website, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Service. By using the Website, you agree to these Terms of Service. If you do not agree to these Terms of Service, you should immediately stop using our Website.

THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Table of Contents

A. Additional Policies and Agreements

B. Services

C. Third-Party Services and Content

D. Modifications and Interruption to the Website

E. Users Representations

F. Compliance with Applicable Laws and Regulations

G. Restricted Activities

H. Disclaimer of Warranties

I. Copyright and Trademark Information

J. Dispute Resolution

K. Indemnification

L. Governing Law

M. Changes to these Terms

N. Other Terms

O. Contact Us

 

A.      Additional Policies and Agreements 

Our Privacy Policy describes the information we collect when you and others use any of our Website, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Service. By agreeing to these Terms of Service, you consent to our use of your Personal Information in accordance with our Privacy Policy. 
We are not responsible for any aspect of third-party service providers or websites, including the privacy practices of those parties or websites, even if you are directed there from our Websites. Please review any policies or terms that may apply to you if and when you purchase tickets, sign up for a mailing list, or visit other websites operated by third parties. 

B.      Services 

Our Website provides information about Frost Bank Center events, tickets to games, shows, concerts, related programs and content provided by us, our partners, subsidiaries, related companies and sponsors, retail merchandise, and other content of interest to you (collectively our “Services”). To the extent new services, content or features are added to our Website in the future, your use thereof is subject to these Terms of Service.
 
C.      Third-Party Services and Content 

Our Website is intended primarily for informational purposes. We may provide links for you to purchase tickets or sign up for mailing lists, however these Services or certain features thereof may be operated by third parties (such as Ticketmaster), not Frost Bank Center. Your use of these features and other content or services provided by, or links to other websites on the Internet that are owned and operated by, third parties is not governed by these Terms of Service. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site, or any services provided by third parties. You further acknowledge that any reliance on representations and warranties provided by any party other than Frost Bank Center will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party. Your use of those third-party websites and services is subject to the Terms of Service and privacy policies posted on each site or service, and we encourage you to review those Terms of Service and privacy policies. 

D.      Modifications and Interruption to the Website 

We reserve the right to modify or discontinue all or any portion of our Website with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Website, or that operation of our Website will be uninterrupted or error free. You understand that usage of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 

E.      Users Representations 

As a condition of your right to use this Website, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Website and accessing the Services under the laws of the United States or other country. 

F.       Compliance with Applicable Laws and Regulations 

You agree to comply with all applicable laws, rules, and regulations in connection with your access to this website and use of the Services. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by these Terms of Service. We reserve the right to disclose any information about you or your use of the Services in connection with any investigation by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process, or governmental request in accordance with the Privacy Policy for the Services. 

G.      Restricted Activities 

You agree not to use the Website to (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity or otherwise. misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Website or services or networks connected to the Website or disobey any requirements, procedures, policies, or regulations of networks connected to the Website. You agree not to use the Website to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Frost Bank Center in its sole discretion. 
Without our written consent, you may not (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any content or materials or any portion of the Website provided by Frost Bank Center (“Frost Bank Center Content”) use of the Website, or access to the Website; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e- mail (spam); (iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Website or monitor or copy our web pages or the content contained thereon; (iv) deep link to the Website for any purpose;
or (d) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages. 

H.      Disclaimer of Warranties 

To the fullest extent permitted by law, Frost Bank Center, its related entities, its service providers, its licensors, and its or their respective officers, directors, employees or agents (collectively the “Frost Bank Center Parties”) expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, related to our Website. You understand and agree that your use of our Website is at your sole risk. Our Website and all content, products and services offered through the Website are provided on an "as is" and "as available" basis. The Frost Bank Center Parties are not responsible for the timeliness of delivery of content, any failures of delivery, erroneous deletion, or any loss or damage of any kind you claim was incurred as a result of the use of any site. Under no circumstances, will any of the Frost Bank Center Parties be liable to you or to any person or entity claiming through you for any loss, injury, liability or damages arising out of or in connection with your access to, use of, inability to use, or reliance on any of our sites or any content, product or service provided to you through or in connection with any of our sites. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without
limitation, loss of data, goodwill, revenue or profits. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis; even if any Frost Bank Center Party has been advised of or should have known of the possibility of such damages; and without regard to the success or effectiveness of other remedies.
 
I.      Copyright and Trademark Information 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Frost Bank Center, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair
competition laws.
Except as expressly provided in these Terms of Service, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Frost Bank Center. 

J.      Dispute Resolution 

Mandatory Pre-Dispute Resolution Process
Before initiating a proceeding in arbitration or small claims court, you or the Frost Bank Center must give the other party notice of the Dispute by providing a written “Notice of Dispute” that is personally signed by you (if you are initiating the Notice of Dispute) or by an Frost Bank Center representative (if we are initiating the Notice of Dispute). The Notice of Dispute must contain all of the following information: (i) name, contact information (address, telephone number, and email address), and account information if applicable; (ii) a description of the nature and basis of the Dispute; and (iii) a description of the nature and basis of the relief sought, including a calculation for it. You must send any such Notice of Dispute to the Frost Bank Center via email at fanexperience@spurs.com. The Frost Bank Center must send any such Notice of Dispute to you at the contact information the Frost Bank Center has on file for you via email. The Frost Bank Center and you will attempt to resolve the Dispute through informal negotiation within sixty (60) days from the date that the Notice of Dispute is received (or a longer period, if agreed to by the parties).
The Frost Bank Center and you shall use reasonable, good faith efforts to resolve the Dispute through consultation, cooperation, and good faith negotiations. If the party receiving the Notice of Dispute requests a telephonic or video settlement conference as part of this informal process, you and the Frost Bank Center agree to participate in an effort to resolve the Dispute. Should the Frost Bank Center make the request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, the Frost Bank Center agrees to have a representative attend this conference (with counsel, if the Frost Bank Center is represented). Neither you nor the Frost Bank Center may initiate an arbitration proceeding absent full compliance with this Mandatory Pre-Dispute Resolution Process. If the sufficiency of a Notice of Dispute or compliance with this Mandatory Pre-Dispute Process is at issue, it may be decided by a court of competent jurisdiction at either party’s election, and any formal dispute resolution proceeding shall be stayed. Such court has the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to raise non-compliance with this condition precedent and seek related damages in arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines shall be tolled while you and the Operator engage in this informal process.

Arbitration
Any dispute, controversy or claim arising out of or relating in any way to your use of our Website or any products, services, or information you receive through our Website, that is not resolved through the Mandatory Pre-Dispute Resolution Process, shall be submitted to and settled by arbitration, pursuant to the Federal Arbitration Act, as amended, in the City of San Antonio, Texas, pursuant to the rules then in effect of the Judicial Arbitration and Mediation Services ("JAMS"), or a similar agency as agreed to by the parties. Any award rendered shall be final and conclusive upon the parties, and the judgment thereon may be entered in the highest court of the forum (state or federal) having jurisdiction over the issues addressed in the arbitration. The decision of the arbitrator shall be binding upon the parties and after the completion of such arbitration, the parties may only institute litigation for the sole purpose of enforcing the determination of the arbitration hearing. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts San Antonio, Texas and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. 

K.      Indemnification 
You agree to indemnify and hold the Frost Bank Center Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your posting of any content on our Website, or other use of our Website in a manner not permitted by these Terms of Service, including without limitation your actual or alleged violation of these Terms of Service, or infringement of a third party’s intellectual property or other rights by you or another user of our Website using your computer, mobile device or account. For purposes of this Article K., “you” includes you and all authorized or unauthorized users or beneficiaries of Services under these or prior Terms of Service. 

L.      Governing Law 

The laws of the state of Texas and the United States govern these Terms of Service and any claims arising out of or relating to use of the Websites, without giving effect to any choice of law rules. 

M.      Changes to these Terms 

We reserve the right, at any time, to modify, alter, or update these Terms of Service without prior notice. You are encouraged to check this page regularly for changes to the Terms of Service. Modifications will become effective immediately upon being posted to our Website, without further notice to you. Your continued use of any of our Website after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms of Service. 

N.   Other Terms 

If any provision of these Terms of Service is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Frost Bank Center. You agree that these Terms of Service and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Website. You agree and understand that these Terms of Service together with any other applicable click-through agreements you may have entered into regarding our Website, constitutes the entire agreement between you and Frost Bank Center regarding your use of the Website, and that any other prior agreements between you and Frost Bank Center are superseded by these Terms of Service. Any failure by Frost Bank Center to exercise its rights under these Terms of Service or to enforce the
terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or relating to these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 
O.      Contact Us 

If you have any questions about these Terms of Service, please Contact us: 
The Frost Bank Center
One Frost Bank Center
San Antonio, Texas 78219
fanexperience@spurs.com /210-444-5000