Terms and Policies
PRIMETIX.COM reserves the right at any time to:
- Change the terms and conditions of these Terms;
- Change the SITE, including eliminating or discontinuing any content on or feature of the SITE; or
- Change any fees or charges for use of the SITE.
By using or attempting to use the SITE, USER certifies that USER is at least 18 years of age or, if under the age of 18, USER has the consent of USER'S parent or guardian (over the age of 18) to use the SITE. If USER does not meet these requirements or, if for any reason, USER does not agree with all of the terms and conditions contained in these Terms, USER should discontinue using the SITE immediately.
In use of this SITE, USER agrees that USER will not:
- Restrict or inhibit any other visitor or member from using the SITE, including, without limitation, by means of "hacking" or defacing any portion of the SITE;
- Use the SITE for any unlawful purpose;
- Express or imply that any statements USER makes are endorsed by PRIMETIX.COM, without prior written consent;
- Impersonate any person or entity, whether actual or fictitious, including any employee or representative of PRIMETIX.COM or TICKETNETWORK;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by PRIMETIX.COM or TICKETNETWORK),
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the SITE or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the SITE;
- Remove any copyright, trademark or other proprietary rights notices contained in the SITE;
- "Frame" or "mirror" any part of the SITE without our prior written authorization;
- Link to any page of or content on the SITE other than the URL located at http://www.PRIMETIX.COM;
- Use any robot, spider, offline reader, SITE search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the SITE or its contents without prior written consent, including with respect to any CAPTCHA displayed on the SITE.
- Harvest or collect information about SITE visitors or members without their express consent; or
- Take any action that imposes or may impose (in TICKETNETWORK's sole discretion) an unreasonable or disproportionately large load on SITE's infrastructure.
While using the SITE, USER agrees to comply with all applicable laws, rules and regulations.
All ticket prices for events that occur in the United States are stated in U.S. Dollars.
Event Provider shall determine which major credit cards (Visa, MasterCard, American Express and Discover) shall be accepted for its events listed on PRIMETIX.COM. Please note that not all Event Providers will accept American Express or Discover.
Pricing and Availability
PRIMETIX.COM sells tickets on behalf of promoters, venues and artists, which means PRIMETIX.COM does not set the ticket prices or determine seating locations.
If USER does not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if USER experiences an error message or service interruption after submitting payment information, it is USER'S responsibility to confirm with PRIMETIX.COM customer service whether or not USER'S order has been placed. Only USER may be aware of any problems that may occur during the purchase process. Neither TICKETNETWORK nor PRIMETIX.COM will be responsible for losses (monetary or otherwise) if USER assumes that an order was not placed because USER failed to receive confirmation.
Cancelled and Postponed Events
Occasionally, concerts are cancelled or postponed. Should this occur, USER should contact venue for refund or exchange procedures. PRIMETIX.COM is not responsible for securing refunds or exchanges for cancelled or postponed events.
Refunds and Exchanges
Before purchasing tickets, USER should carefully review event and seat selection. Refunds shall not be issued for lost, stolen, damaged or destroyed tickets.
If PRIMETIX.COM issues a refund for a ticket, PRIMETIX.COM will issue a refund of the ticket's face value paid (or, if a discounted ticket, then instead the discounted ticket price paid), all service fees and any convenience charge. In no event will delivery charges or any other amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund. PRIMETIX.COM will not be liable for travel or any other expenses that USER incurs in connection with a cancelled or postponed event.
Billing Information Verification
Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, PRIMETIX.COM may receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, PRIMETIX.COM customer service will attempt to contact USER, using the information provided at the time of purchase. If PRIMETIX.COM is unable to reach USER after its initial attempt, PRIMETIX.COM may cancel USER'S order and sell USER'S tickets to another user without further notice.
All orders are shipped to USER using the delivery method chosen for the order. Most orders are shipped the same business day in which they are received. Orders placed after business hours may be shipped on the next business day. Shipments may require direct signature at the point of delivery.
Customers outside of the United States must choose an International Delivery option.
If USER specifies a shipping address that does not allow for Delivery Verification, such as a Post Office Box, USER may be required to pay an additional fee to cover the additional risks associated with this type of order. If such a shipping address is used, the SITE will, at its discretion, either contact USER about the additional fee prior to shipping or cancel USER'S order and notify USER of such cancellation.
Schedule of Fees and Charges
The price charged to USER'S credit card beyond the price of the individual tickets shall include the following fees and charges:
Service Fee: Cost per ticket associated with SITE operation, customer service center operation, and other costs associated with the fulfillment of USER'S ticket request. p>
Delivery: Costs associated with the Delivery Method chosen by USER and the SITE'S arrangement of USER'S ticket delivery.
Total: Entire amount charged to USER, including each ticket's price as set by the venue, Service Fee, Delivery, and any Optional Fees and Charges as defined below.
Optional Fees and Charges
In some cases, Event Provider may give USER the opportunity to make the following additional purchases on PRIMETIX.COM. Such purchase prices will be determined by the Event Provider and added to the Total as defined above. Additional purchases may include the following: Membership Fees, Season/Subscription Ticket Packages, and any Additional Items, including but not limited to the following: parking fees, artist merchandise, and artist fan club membership fees.
Pricing and Other Errors
If the amount USER pays for a ticket is incorrect regardless of whether because of an error in a price posted on this SITE or otherwise communicated to USER, or USER is able to order a ticket before its scheduled on-sale or presale date or USER is able to order a ticket that was not supposed to have been released for sale, then PRIMETIX.COM will have the right to cancel that ticket (or the order for that ticket) and refund to USER the amount that USER paid. This will apply regardless of whether because of human error or a transactional malfunction of this SITE.
Limitation of Liability
USER voluntarily assumes all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and USER waives any claims for personal injury or death against PRIMETIX.COM, TICKETNETWORK, management, facility, artist, participants, and all of their respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of USER and any accompanying minor. USER bears all risks of inclement weather. Event date and time are subject to change.
License; Ejection and Cancellation; No Redemption Value
Event Providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Event Provider rules.
Recording, Transmission and Exhibition
USER agrees not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. USER agrees that the event for which USER purchases tickets is a public event, that USER'S appearance and actions inside and outside the venue where the event occurs are public in nature, and that USER has no expectation of privacy with regard to USER'S actions or conduct at the event. USER grants permission to PRIMETIX.COM, TICKETNETWORK, and the Event Provider(s) to utilize USER'S 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 (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, USER or anyone acting on USER'S behalf. In conformance with some local requirements or certain facility rules, alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers of any kind may not be brought into the premises.
Subject to Search
USER and USER'S belongings may be searched on entry to the event. USER consents to such searches and waives any related claims that may arise. If USER elects not to consent to such searches, USER may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.
Unlawful Use of Tickets; Commercial Purposes
Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by the Event Provider, provided that even if such consent is obtained, any use of PRIMETIX.COM or TICKETNETWORK'S trademarks and other intellectual property is subject to TICKETNETWORK'S consent.
Types of Information Collected. In order to better provide USER with SITE's services, TICKETNETWORK collects two types of information about its users: Personally Identifiable Information and Non-Personally Identifiable Information as described herein. TICKETNETWORK'S primary goal in collecting information from USER is to provide USER with a smooth, efficient, and customized experience while using the SITE.
Personally Identifiable Information. This refers to information that lets TICKETNETWORK know the specifics of who USERS are. When USERS engage in certain activities on this SITE, such as registering for a membership, ordering a product or service, submitting content and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, TICKETNETWORK may ask USERS to provide certain information by filling out and submitting an online form. It is completely optional for USERS to engage in these activities; however, TICKETNETWORK may ask that USERS provide personal information, such as first and last name, mailing address (including zip code), social security number, email address, employer, job title and department, telephone and facsimile numbers, and other personally identifying information. When ordering products or services from TICKETNETWORK, USERS may be asked to provide a credit card number or bank account number. Depending upon the activity, some of the information TICKETNETWORK asks USERS to provide is identified as mandatory and some as voluntary. If USERS do not provide the mandatory data with respect to a particular activity, those USERS will not be able to engage in that activity.
Non-Personally Identifiable Information. This refers to information that does not by itself identify a specific individual. TICKETNETWORK gathers certain information about USERS based upon how USERS use the SOFTWARE. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the USER'S Uniform Resource Locator ("URL") that USER just came from, which URL USER next goes to, what browser USER is using, and USER'S Internet Protocol ("IP") address. An URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to USER'S computer whenever USER is surfing the web, allowing web servers to locate and identify USER'S computer. Computers require IP addresses in order for users to communicate on the Internet.
Collection Methods and Use of Information. We do not collect any Personally Identifiable Information about USERS unless USERS voluntarily provide it to us. USERS provide certain Personally Identifiable Information to TICKETNETWORK when USERS (a) register for services and register USERS' email address with TICKETNETWORK; (b) enter sweepstakes or contests sponsored by TICKETNETWORK or one of its partners; (c) sign up for special offers from selected third parties; (d) send email messages, submit forms or transmit other information by telephone or letter; or (e) submit USERS' credit card or other payment information when ordering and purchasing products and services on PRIMETIX.COM.
In addition, TICKETNETWORK may also collect, or its third party ad server and/or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. TICKETNETWORK uses USERS' IP addresses to diagnose problems with TICKETNETWORK'S servers or SITE, to administer the SITE and to gather demographic information. TICKETNETWORK'S third party ad servers will also provide TICKETNETWORK with summary, but not individual, reports that will tell how many ads were presented and clicked upon in PRIMETIX.COM.
Release of Information. TICKETNETWORK does not sell, trade, or rent USERS' Personally Identifiable Information to others. TICKETNETWORK does provide some of its services through contractual arrangements with affiliates, services providers, partners and other third parties. TICKETNETWORK and its service partners use USERS' Personally Identifiable Information to operate the SOFTWARE and to deliver services. For example, TICKETNETWORK must release USERS' credit card information to the card-issuing bank to confirm payment for products and services purchased in this SOFTWARE; release USERS' address information to the delivery service to deliver products that USERS ordered; and provide order information to third parties that help provide USER service.
TICKETNETWORK will encourage its service partners to adopt and post privacy policies. However, the use of USERS' Personally Identifiable Information by TICKETNETWORK'S service partners is governed by the privacy policies of those service partners, and is not subject to TICKETNETWORK'S control.
Occasionally TICKETNETWORK may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. TICKETNETWORK will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. TICKETNETWORK fully cooperates with law enforcement agencies in identifying those who use TICKETNETWORK'S services for illegal activities. TICKETNETWORK reserves the right to report to law enforcement agencies any activities that TICKETNETWORK in good faith believes to be unlawful.
TICKETNETWORK may also provide Non-Personally Identifiable Information about our USERS' sales, traffic patterns, and related SITE information to third party advertisers, but these statistics do not include any Personally Identifiable Information.
Updating and Correcting Information. TICKETNETWORK believes USERS should have the ability to access and edit the Personally Identifiable Information that USERS have provided to us. USER may change any Personally Identifiable Information in USER'S account online at any time by linking to USER'S account in accordance with instructions posted elsewhere in this SITE. USER may also access and correct USER'S personal information and privacy preferences by writing TICKETNETWORK at:
PRIMETIX.COM c/o TICKETNETWORK, Inc.
75 Gerber Road South Windsor, CT 06074
Please include USER name, address, and/or email address when contacting TICKETNETWORK.
TICKETNETWORK encourages USER to promptly update any Personally Identifiable Information if it changes. USER may ask to have the information on USER'S account deleted or removed. In addition, it may be impossible to completely delete USER'S information without some residual information because of backups.
User Choices on Collection and Use of Information. TICKETNETWORK may, from time to time, send USER email regarding products and services. In addition, if USER indicated upon registration that USER is interested in receiving offers or information from TICKETNETWORK and its partners, TICKETNETWORK may occasionally send USER direct mail about products and services that TICKETNETWORK feels may be of interest to USER. Only TICKETNETWORK (or agents working on behalf of TICKETNETWORK and under confidentiality agreements) will send USER these direct mailings and only if USER indicated that USER does not object to these offers. If USER does not want to receive such mailings, USER must inform TICKETNETWORK of such when giving USER'S personal information. Or, at any time USER can easily edit USER'S account information to no longer receive such offers and mailings. To stop receiving promotional or marketing emails, USER can follow the instructions in any promotional email USER receives from SITE. Even if USER opts out of receiving promotional or marketing emails, USER will still be contacted with transactional messages.
PRIMETIX.COM c/o TICKETNETWORK, Inc.
75 Gerber Road South Windsor, CT 06074
Please include USER name, address, and/or email address when contacting TICKETNETWORK.
USER also has choices with respect to cookies, as described below. By modifying USER'S browser preferences, USER has the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If USER chooses to reject all cookies, some parts of the SITE may not work properly in USER'S case.
Cookies. When USER uses the SITE, TICKETNETWORK will store cookies on USER'S computer in order to facilitate and customize USER'S use of the SITE. A cookie is a small data text file, which a Web SITE stores on the hard drive of USER'S computer (if USER'S Web browser permits) that can later be retrieved to identify USER to TICKETNETWORK. TICKETNETWORK'S cookies store randomly assigned user identification numbers, the country where USER is located, and USER'S first name to welcome USER back to the SITE. The cookies make USER'S use of the SITE easier, make the SITE run more smoothly and help TICKETNETWORK to maintain secure SITE. USER is always free to decline the cookies if USER'S browser permits, but some parts of the SITE may not work properly in that case.
TICKETNETWORK may use an outside ad serving company to display banner advertisements on the SITE. As part of their service, they will place a separate cookie on USER'S computer. TICKETNETWORK will not provide any third-party ad server with any of USER'S Personally Identifiable Information or information about USER'S purchases. TICKETNETWORK and its third party ad server will collect and use Non-Personally Identifiable Information about USER, such as USER'S IP address, browser type, the server USER'S computer is logged onto, the area code and zip code associated with USER'S server and whether USER responded to a particular advertisement. Other advertisers may also place banner ads on the SITE in the same manner as above, but TICKETNETWORK will not disclose any Personally Identifiable Information to them.
Violation of the Terms
SITE, in its sole discretion, and without prior notice, may terminate USER's access to the SITE, cancel USER's ticket order or exercise any other remedy available to it. USER agrees that monetary damages may not provide a sufficient remedy to SITE for violations of these terms and conditions and USER consents to injunctive or other equitable relief for such violations. SITE may release USER information by operation of law, if the information is necessary to address an unlawful or harmful activity against SITE. SITE is not required to provide any refund to USER if USER are terminated as a USER of this SITE.
Intellectual Property Information
For purposes of these TERMS, CONTENT is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these TERMS, USER acknowledges and agrees that all CONTENT presented to USER on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of SITE and/or its Affiliates. USER is only permitted to use the CONTENT as expressly authorized by us or the specific CONTENT provider. Except for a single copy made for personal use only, USER may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific CONTENT provider, and USER is solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither PRIMETIX.COM nor TICKETNETWORK warrant or represent that USER'S use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. All other trademarks or service marks are property of their respective owners. Nothing in these TERMS grants USER any right to use any trademark, service mark, logo, and/or the name of SITE or TICKETNETWORK.
SITE reserves the right to terminate the privileges of any USER who uses this SITE to unlawfully transmit or receive copyrighted material without a license or express consent, valid defense or fair use exemption to do so. After proper notification by the copyright holder or its agent to SITE or TICKETNETWORK, and confirmation through court order or admission by the USER that USER has used this SITE as an instrument of unlawful infringement, SITE and/or TICKETNETWORK will terminate the infringing USERS' rights to use and/or access to this SITE. PRIMETIX.COM and/or TICKETNETWORK may, also in their sole discretion, decide to terminate a USER's rights to use or access to the SITE prior to that time if PRIMETIX.COM and/or TICKETNETWORK believe that the alleged infringement has occurred.
SITE MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT, SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. SITE MAKES NO ASSURANCES THAT FILES USER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, VICARIOUS, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SITE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SITE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SITE SERVICE OR OTHERWISE RELATED TO USER USE OF THE SITE AND/OR THE SITE SERVICE. SITE IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will SITE be liable to USER for any indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if SITE has been advised of the possibility of such damages. USER further agrees that the maximum available remedy on any successful claim is a refund of the amount paid by the USER less delivery charges when placing an order through SITE. Some jurisdictions do not allow the disclaimer of warranties or the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to USER.
USER agrees to indemnify and hold SITE, TICKETNETWORK, and their respective subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of USER's use of the SITE, including also USER's use of the SITE to provide a link to another site or to upload content or other information to the SITE. Governing Law. USER agrees that any controversy or claim arising out of or relating to the use of SITE will be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. USER agrees to personal jurisdiction by venue in the state and federal courts of the State of Connecticut, Hartford County.
Any controversy or claim arising out of or relating to the use of the SITE, or any alleged breach of these policies, shall be resolved through binding arbitration in the jurisdiction of SITE's headquarters, Hartford County, Connecticut, and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. SITE will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above for claims for $10,000 or less. If, however, the arbitrator finds that either the substance of USER'S claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by applicable American Arbitration Association Rules. In such case, USER agrees to reimburse SITE for all monies previously disbursed by SITE that are otherwise USER'S obligation to pay under the American Arbitration Association Rules. In addition, if USER initiates an arbitration in which USER seeks more than $10,000 in damages, the payment of these fees will be governed by the American Arbitration Association Rules. SITE and USER agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. SITE and USER shall both participate in the selection of an arbitrator. Any award issued through arbitration is enforceable in any court of competent jurisdiction.
IF USER DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, USER MUST NOTIFY SITE IN WRITING WITHIN 30 DAYS OF THE DATE THAT USER PLACES AN ORDER ON SITE. USER'S WRITTEN NOTIFICATION TO SITE MUST INCLUDE USER'S NAME, ADDRESS AND ORDER NUMBER AS WELL AS A CLEAR STATEMENT THAT USER DOES NOT WISH TO RESOLVE DISPUTES WITH SITE THROUGH ARBITRATION. WRITTEN NOTIFICATION SHOULD BE MAILED TO: PrimeTix, Attn: Arbitration, 75 Gerber Road East, South Windsor, CT 06074.
SITE shall not be deemed in default or otherwise liable under these rules and policies due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, cyber-terrorism, embargo, war, act of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under SITE'S control (hereinafter all of the foregoing is collectively referred to as "FORCE MAJEURE"). Notwithstanding the foregoing, SITE shall be permitted to terminate this Agreement with or without notice to the USER in the event that USER is prevented from performing hereunder due to FORCE MAJEURE.