Club Green - 2013-14 Terms & Conditions
See Also: Club Green - 2013-14 FAQ
Celtics Club Green ("Club") is owned and operated by Banner Seventeen, LLC, d/b/a the Boston Celtics ("we", "us", "our", "Celtics"). The following terms and conditions ("Terms") govern your membership in the Club:
2. Representations and Warranties - You hereby represent and warrant to us that: (i) you have the full power and authority to enter into and perform under these Terms, and (ii) you will comply with all applicable laws and regulations in engaging in all activities arising from, relating to or connected with these Terms.
3. Membership - In joining the Club, you represent that you have read, understand, and agree to the provisions of membership located in the Frequently Asked Questions section ("FAQs") of the Celtics Club Green site at Celtics.com. The FAQs are incorporated into this document by reference. If you have any questions regarding these terms or the FAQs, please contact firstname.lastname@example.org. Membership in the Club does not confer any right or rights upon any member beyond those listed in the FAQ.
4. Ticket Sale/Resale - Sale or resale of all Celtics tickets by unauthorized means is prohibited and violation of this policy may result in cancellation of unused tickets. Eligible tickets purchased through a Club Green membership can be posted for resale on NBATickets.com Resale Marketplace, on Celtics.com. Resale credit may, in the Celtics’ sole discretion, be required to be applied to future seasons’ ticket purchases. Celtics tickets also may not be used for advertising, promotion (including contests or sweepstakes) or other trade purposes without the express prior written consent of the Boston Celtics.
5. Payment - In joining the Club, you agree to pay the fees and other charges as set forth in the registration process; as well as fees and charges accruing when you buy tickets, merchandise, or other products through the Club. We reserve the right to change and modify all fees in our sole discretion. All payments shall be made in U.S. currency. All currency references are in U.S. dollars. You shall pay all federal, state, and local sales, use, value added, excise, duty, and any other taxes assessed with respect to your membership or other items purchased through the Club.
6. Cancellation - Once you have been charged, your membership is non-refundable, except, in the Celtics’ sole discretion, in some cases where you purchase full-season tickets prior to September 1, 2013. We reserve the right to terminate any membership at any time, in our sole discretion, with or without notice to you, if you violate any of these Terms or any document incorporated herein by reference. Any cancellation by us shall not relieve you of any obligations to pay fees accrued prior to such cancellation. In the event of such a cancellation, we shall have no liability to you or any third party. Upon such termination, we will not be obligated to refund any part of your membership or any other fees you have paid to the Club.
7. Club Termination/Renewal - While we intend to continue the Club program for the foreseeable future, the Celtics reserve the right to cancel the Club program at any time, including, without limitation, failing to offer renewals or new memberships for any NBA Season beyond the 2013-14 Season. Nothing in the membership materials shall be interpreted to offer or promise the availability of renewals or memberships for future NBA seasons unless explicitly stated otherwise. In the event the Club is cancelled, no benefits for future seasons, including, but not limited to, season ticket waiting list priority numbers, shall be retained by Members of the Club following termination, except as determined by the Celtics in their sole discretion.
8. Disclaimer - THE INFORMATION, CONTENT AND MATERIALS PROVIDED THROUGH THE CLUB ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant or make any representations regarding the use or the results of the use of any information, content, materials, products, or services contained on, offered by, made available through, or otherwise related in any way to the Club in terms of their correctness, accuracy, completeness, reliability, safety, or otherwise. In addition, while the Celtics shall make reasonable efforts to ensure that Celtics-controlled technology assets are in working order during all ticket sales and waiting list periods, we shall not be responsible for any Internet delays; third-party (including Celtics vendors') hardware or software errors, delays, or problems; incompatibility with Members' home computers, software, and/or other systems; and/or any other technological problem that in any way affects a Member's ability to purchase tickets or exercise season ticket waiting list rights as part of the Club.
9. Links and Third-Party Services - Any third-party links, services, resources or information provided on or made available through the Club are not controlled by us. Accordingly, we make no warranties regarding such third-party links, services, resources, or information, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement and will not be liable for your use of or reliance on such third-party services, resources, or information. We do not make any representations or warranties as to the security of any information, content, or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party.
10. Indemnification - You agree to indemnify and hold harmless the Club, the Celtics, NBA Properties, Inc., the National Basketball Association, and all NBA Member Teams, as well as each of their subsidiaries, affiliates, owners, unitholders, associates, licensees, licensors, officers, governors, employees, agents, and other partners ( the "Indemnified Parties") from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against any of the Indemnified Parties either (a) arising out of your membership or (b) alleging any fact or circumstance that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify any of the Indemnified Parties, such party will have the right, in its sole and exclusive discretion, to control any action or proceeding and determine whether they wish to settle it, and if so, on what terms.
11. Limitation of Liabilities - Regarding claims involving a Club Member or Members, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH THE CLUB OR THESE TERMS EXCEED THE ACTUAL DOLLAR AMOUNT PAID BY YOU TO THE CLUB DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with these terms and conditions. Regarding claims only involving non-members, we will not be liable to you or to any third party for any loss or damage arising from, relating to, or connected with the Club or these terms and conditions exceeding the sum of twenty-five dollars ($25).
12. Force Majeure - We will not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, an Act of God, national emergency, war, labor dispute, breakdown of origination or transmission facilities, interruption or preemption due to an event of overriding public interest or importance, legal enactment, or government order or regulation.
13. Ticket Rules - The use of all tickets acquired via the club is subject to the rules and regulations established from time to time by the Delaware North Corporation-Boston (“DNC-B”), the owner of the TD Garden, and by the Celtics (the “Ticket Rules”), including any terms printed on the backs of the tickets. In the event of the violation of the Ticket Rules, both DNC-B and the Celtics shall have the right to revoke the tickets and eject the violators from the TD Garden. Any such ejection shall not affect your other rights or obligations under the remainder of these rules.
14. Arbitration - You agree that any dispute arising out of or relating to these Terms or your membership in the Club will be submitted exclusively to confidential binding arbitration in Boston, MA. Arbitration under these Terms will be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You also agree that any disputes arising out of or relating to these Terms and Conditions and/or your membership in the Club shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law principles.
17. Invalidity of Specific Terms - If any provision of these Terms or of any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the such documents remain in full force and effect. In the event any clause or term of any document incorporated herein by reference and/or any other statement made by the Celtics or term relating to any other Celtics-related promotion contradicts any clause or term of these Terms and Conditions, these Terms and Conditions shall control unless explicitly stated otherwise in writing.
Last revision date: March 22, 2013