Disclaimer and Terms and Conditions
The following disclaimer and terms and conditions by SMG and Harris County Sports & Convention Corporation (“HCSCC”) apply to all purchases utilizing this online store. By completing a purchase, purchaser certifies that purchaser has fully read and understands this disclaimer and accepts the terms and conditions set forth herein.
All sales are final. No sale is effective until payment is received. If the payment method is declined, the sale is void and purchaser obtains no rights to the goods. Purchases may be cancelled by SMG until the time payment has been processed.
The goods being sold are USED stadium seats (“seats”), sold as a pair. Each pair of seats is sold “AS IS, WHERE IS” with all faults and defects, and all sales are FINAL. There are NO RETURNS for cash or credit. Each pair of seats is approximately 44” x 32” x 17” and weighs approximately 50 pounds. Purchaser is solely responsible for transport of the seats from their current location, including, if applicable, loading the seats into vehicles for transport and any crating or other preparation for shipment. Title and risk of loss transfers to purchaser upon completion of payment for the seats at their current location, and SMG does not assume any liability for loss of or damage to the seats or for any bodily injury or property damage occurring during crating, loading or transport, including but not limited to damage to vehicles.
Purchaser acknowledges that SMG and HCSCC have not made any representations or promises with respect to the seats except as expressly set forth in these terms and conditions and the website through which the seats were purchased. Purchaser expressly warrants and represents that purchaser is not relying upon any representation or promise of SMG or HCSCC in relation to the seats. These terms and conditions constitute the entire agreement between the purchaser, SMG, and HCSCC with respect to the subject matter hereof, and no subsequent amendment or agreement shall be binding upon either party unless in writing and signed by each party.
SMG and HCSCC specifically disclaim the suitability of ANY ITEMS SOLD FOR THEIR INTENDED USE OR ANY USE and any and all warranties with respect to any and all ITEMS sold, , including but not limited to, any warranty of merchantability or fitness for a particular purpose and or any other warranty, whether express or implied. SMG is not responsible for any matters relating to health or safety in connection with the items or their use, including without limitation, their content, condition or compliance with any applicable health or safety law, code or regulation. SMG AND HCSCC Disclaim any and all claims, loss, damage or expense to purchaser or third parties arising out of or in connection with the seats purchased or their use.
Purchaser releases SMG and HCSCC, their officers, agents and employees (the “Released Parties”) from, assumes all risk and responsibility whatsoever for, and agrees to indemnify and defend the released parties from and against, any and all losses, costs, expenses or damages to persons and or property, including consequential damages, arising out of or in connection with the purchase, removal, crating, transport, storage, installation or use of the seatsseats or purchaser’s ownership thereof, whether or not occasioned by the concurrent or sole negligence of the Released Parties.
All disputes arising out of this agreement, or the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas without regard to its rules of conflicts of laws. Purchaser hereby irrevocably and unconditionally consents to submit to the sole and exclusive jurisdiction of the courts of the State of Texas and of the United States of America located in Harris County, Texas for any litigation among the parties hereto arising out of or relating to this agreement, or the transactions contemplated herein, waives any objection to the laying of venue of any such litigation in such courts and agrees not to plead or claim in any court that such litigation brought therein has been brought in any inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of such courts.
By clicking HERE you agree that you have read and accepted the above "Disclaimer and Terms and Conditions" and you will now be directed to Ticketmaster to purchase your seats.