Terms & Conditions

The following Terms and Conditions govern your use of the tixedbooked.com website. As this affects your legal rights, please read the terms and conditions carefully in addition to our stated Privacy Policy.

COPYRIGHT NOTICE

You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of Tixedbooked and/or various third party providers (“Providers”). Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

TRADEMARK NOTICE

The Tixedbooked logo is a registered trademark of Tixedbooked, Incorporated. Other product and company names identified on this Site may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party. The use on this Site of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party, and the availability of specific goods or services from such third party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third party, or the participation by such third party in the offering of goods, services or information through this Site.

ACCEPTABLE USE

It is a violation of law to purchase a product in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

NO WARRANTIES

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an “as is”, “as available” basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the purchase of any product, (ii) that a User will receive the lowest available price for goods and/or services available through this Site, (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, (iv) that use of this Site and all software, products or services associated with this Site will be error free, (v) regarding the results that may be obtained from the use of this Site, (vi) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available through this Site, or (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or nonperformance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk.

GENERAL LIMITATION OF LIABILITY

IN NO EVENT SHALL Tixedbooked, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR PROVIDERS (COLLECTIVELY, THE “COVERED PARTIES”), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF Tixedbooked HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond the Covered Parties’ control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider’s breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider’s failure to comply with these Terms and Conditions nor for any Provider’s failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty, and return of perishables.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the fee or charge to the User assessed by Tixedbooked for making a Purchase.

E-MAIL POLICY

We may send you e-mail messages about special promotions, new Tixedbooked features, and other pertinent information. However, if you do not want to receive e-mail messages from FWT or our affiliates regarding products and services available at tixedbooked.com, please contact us, and we will remove you from our lists. Note, however, that FWT and its affiliates reserve the right to limit use of tixedbooked.com to customers who will accept e-mails.

Tixedbooked maintains a strict anti-spam policy. At no time will Tixedbooked engage in, encourage, or condone the act of sending unsolicited email. Tixedbooked actively employs a permission-based approach with regards to all electronic correspondence originating from tixedbooked.com. Any and all email sent from Tixedbooked’s website will be sent in accordance with our published privacy policy.

MISCELLANEOUS

Tixedbooked reserves the right, in its sole and absolute discretion, to amend this Agreement at any time by posting the amended terms on this Site. The amended terms shall be effective from and after the date that they are posted on the Site.

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

The captions in these Terms and Conditions are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.

DISPUTES

The laws of the State of Wisconsin (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in Winnebago County, Wisconsin (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys’ fees.

These Terms and Conditions, and the related Parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements or representations. The internal laws of the State of Wisconsin shall govern the performance of the terms and conditions of this agreement.

SELLER OF TRAVEL

Registered seller of travel in California under its seller of travel regulations. California registration number: 2076829-50. Registration as a seller of travel in California does not constitute the state’s approval.

ADDITIONAL TERMS AND CONDITIONS

WITHOUT LIMITING THE FOREGOING, ANY REPRODUCTION, REDISTRIBUTION, REVERSE ENGINEERING OR DECOMPILATION OF THE PRODUCT IS EXPRESSLY PROHIBITED BY LAW, UNLESS SUCH ACTION IS EXPRESSLY PERMITTED BY THE ACCOMPANYING LICENSE AGREEMENT, AND MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES.

Tixedbooked, INC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, Tixedbooked MAY MAKE AVAILABLE ON THIS SERVICE OR IN ITS PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Tixedbooked DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.

THE PRODUCTS AND INFORMATION PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Tixedbooked MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

IN NO EVENT SHALL Tixedbooked BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PRODUCT, INFORMATION, PROVISION OF OR FAILURE TO PROVIDE SERVICES, AVAILABLE FROM THIS SERVER.