Terms & Conditions

Bands of Enchantment Terms of Use

 

Welcome! These Terms of Use ("Terms") govern your use of Bands of Enchantment's websites, mobile applications, and ticketing platforms (collectively, the "Site"), as well as your purchase, possession, or use of any Bands of Enchantment tickets, products, or services.

 

These Terms incorporate our Privacy Policy, Purchase Policy, and other applicable policies or guidelines. By accessing or using the Site, you expressly agree to be bound by these Terms, which may be updated periodically.

 

Please Note: While the Site may showcase events appropriate for all ages, it is not directed at children under 13. If you are under 13, you may not use the Site. By using the Site, you affirm that you are at least 13 years old.

 

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of laws provisions.

 

Changes to Terms: We may update these Terms at any time. Updates are effective immediately upon posting. Continued use of the Site constitutes acceptance of the revised Terms. The "Last Updated" date at the top reflects the most recent changes.

 

Arbitration and Class Action Waiver: Any dispute arising from these Terms, the Site, or our services will be resolved through binding, individual arbitration rather than in court. You and Bands of Enchantment waive the right to participate in class action lawsuits or class-wide arbitration. See Section 17 for full details.

 

COVID-19 Warning: Participation in public events carries an inherent risk of exposure to COVID-19 or other communicable diseases. By attending, you assume all associated risks and release Bands of Enchantment and any affiliated parties from liability related to such exposure.

 

1. Account Registration:

 

You may use the Site without registering. Certain features require account creation. You are responsible for maintaining the confidentiality of your username and password, and all activity under your account. You agree to notify us immediately of unauthorized access. We reserve the right to suspend or terminate accounts at our discretion.

 

2. Code of Conduct:

 

Users agree not to:

 

• Violate any applicable laws or regulations.

• Harass, impersonate, or harm others.

• Post objectionable content.

• Spam or collect personal data from other users.

• Circumvent purchase limits or use unauthorized presale codes.

 

3. Ownership of Content and License:

 

Content on the Site ("Content") is owned by Bands of Enchantment or its licensors. You are granted a limited, non-transferable license to access the Site for personal, non-commercial use. Unauthorized use, reproduction, or distribution of Content is strictly prohibited.

 

Trademarks, logos, and service marks displayed are owned by Bands of Enchantment or used under license. Unauthorized use is prohibited.

 

To request permission to use our marks, contact: legal@bandsofenchantment.com.

 

This is a partial summary of the Terms of Use. The complete document includes sections on purchases, mobile access, user content, dispute resolution, and more. Please review the full Terms on our website.

 

For any questions, contact us at: info@bandsofenchantment.com

 

4. Making Purchases:

 

Please review our Purchase Policy, which (in addition to these Terms) governs your purchase of any tickets or other products through the Bands of Enchantment website (the "Site"), including any applicable refunds or exchanges. We may impose conditions on your use of any coupon, promotional code, credit, or gift card. You agree to pay all charges incurred by you or any users of your account or payment method at the prices in effect when such charges are incurred, including any applicable taxes. You may only use payment methods that belong to you or those you are explicitly authorized to use.

 

You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site.

 

You are solely responsible for complying with all applicable laws related to your transactions. Bands of Enchantment reserves the right to cooperate with law enforcement and may provide transaction-related information in support of investigations or prosecutions.

 

If we are unable to verify or authenticate any information you provide during registration, ordering, purchase, or payment, or if we are unable to verify your credit card or bank information, we may cancel your tickets, refuse to honor any future purchases, and/or prohibit you from using the Site.

 

Use of any automated technology (e.g., bots) to search for, reserve, or purchase tickets on the Site is strictly prohibited. Circumventing security measures or posted ticket purchasing rules may result in account termination and cancellation of tickets.

 

5. Forums and User Content:

 

We may host fan reviews, social feeds, message boards, and other interactive forums on the Site ("Forums"). You may submit reviews, suggestions, photographs, videos, artwork, and other materials ("User Content") to the Forums or elsewhere on the Site.

 

By submitting User Content, you certify that you are at least 18 years old, or at least 13 with a parent or legal guardian’s express consent.

 

You retain ownership of your User Content. By submitting it, you grant Bands of Enchantment a worldwide, non-exclusive, royalty-free license to use, modify, distribute, publicly perform, and display your User Content in any media now known or developed in the future. This license will not affect your ownership, including your right to grant additional licenses. We are under no obligation to post or use your User Content.

 

You are solely responsible for your User Content and any consequences of submitting it. You affirm that: (a) you own or have all necessary rights to your User Content, and (b) any person identifiable in your User Content has provided appropriate written permission.

 

We reserve the right, but are not obligated, to monitor Forums and User Content, and to disclose content and related information if required by law, or if necessary to protect the Site, users, sponsors, or partners.

 

If we receive a complaint that your User Content violates these Terms or applicable law, we may investigate and remove it, cancel your account, or pursue other remedies. You agree to indemnify Bands of Enchantment for any claims or damages arising from your User Content.

 

6. Claims of Copyright Infringement on the Site:

 

In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that any content on the Site infringes your copyright, please send a notice including:

 

(a) your physical or electronic signature;(b) identification of the copyrighted work claimed to be infringed;(c) identification of the allegedly infringing material and where it is located on the Site;(d) your contact information;(e) a statement that you have a good faith belief the use is unauthorized;(f) a statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner.

 

Counter-notices should also comply with the DMCA. Learn more at www.copyright.gov.

 

Send notices and counter-notices to:copyright@bandsofenchantment.com

 

False claims may result in liability under the DMCA. Please consult legal counsel before filing a notice or counter-notice.

 

7. Links:

 

The Site may contain links to third-party websites. These links are provided for convenience only and do not constitute endorsement. Bands of Enchantment has no control over, and assumes no responsibility for, the content, policies, or practices of third-party sites. Your use of linked websites is at your own risk.

 

8. Parental Controls:

 

We encourage parents to supervise their children’s online activity. Parental control tools are available to help limit access to material that may be harmful to minors. See www.onguardonline.gov for guidance. We do not endorse any specific products or services listed there.

 

9. Access from Outside the United States:

 

The Site is intended for users within the United States. Bands of Enchantment does not represent that content or services are available or appropriate in other countries. Users who access the Site from outside the U.S. do so at their own risk.

 

10. Rules for Sweepstakes, Contests, and Games:

 

Promotions on the Site may be governed by additional rules separate from these Terms. By participating, you agree to those rules. In case of conflict, those rules will apply, except that the arbitration and class action waiver provisions in Section 17 shall prevail.

 

11. Mobile Messaging:

 

If you sign up for mobile alerts or promotions, you authorize us to send messages via automated technology. Message and data rates may apply. You can opt out at any time by replying "STOP" to a message or contacting us. Support is available by replying "HELP."

 

We are not liable for inaccurate, delayed, or deleted mobile messages. Alerts may not be available on all carriers or devices.

 

12. Mobile Device Application:

 

If you install or use a Bands of Enchantment mobile app, we grant you a limited, non-transferable right to use it on a single device within the United States or where the app is legally distributed. The app is for personal, non-commercial use only. We do not guarantee support, maintenance, or enhancements.

 

13. Violation of the Terms:

 

We reserve the right to investigate and take appropriate action against violations of these Terms. This may include reporting to law enforcement, canceling accounts, deleting content, and prohibiting access to the Site.

 

If you engage in abusive activity, such as excessive page requests or automated ticket attempts, you may be liable for damages. Specifically, if you or others acting with you request more than 1,000 pages or 800 ticket reservations in a 24-hour period, you agree to pay $0.25 per excess request as liquidated damages.

 

Governing Law: These Terms and any disputes related to your use of the Site shall be governed by and construed under the laws of the State of New Mexico, without regard to its conflict of law principles.

 

14. Disclaimer of Warranties:

 

The Site and all related content and services are provided to you on an "AS IS" and "AS AVAILABLE" basis. While we strive to maintain a safe, accessible, and error-free experience, you use the Site at your own risk. To the fullest extent permitted under New Mexico and federal law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or warranties arising from course of performance, dealing, or trade usage.

 

We do not guarantee that the Site will always be safe, secure, uninterrupted, or error-free. We are not liable for the actions or content of third parties, and by using the Site, you agree to release us from any claims or damages connected with such third-party interactions.

 

If any part of this disclaimer is found to be unenforceable, the remaining provisions will continue in effect.

 

15. Limitation of Liability:

 

To the fullest extent permitted by law, Bands of Enchantment, its affiliates, event organizers, sponsors, and partners shall not be liable for any indirect, incidental, special, punitive, or consequential damages, or for any loss of profits, data, or use, arising from or related to your use of the Site or any products or services obtained through it.

 

Without limiting the above, we are not liable for:

 

Any user’s failure to comply with posted rules or terms.

 

Personal injury or property damage related to your attendance at an event.

 

Unauthorized access to or alteration of your information.

 

Viruses, malware, or other harmful content transmitted via the Site.

 

Technical errors, delays, or malfunctions.

 

Issues arising from lost, stolen, or non-honored tickets.

 

Your sole remedy for dissatisfaction with the Site or any content is to stop using it.

 

To the extent any liability is determined, our total liability shall not exceed the greater of one hundred dollars ($100) or the total amount you have paid to us in the twelve (12) months preceding the event giving rise to the claim.

 

These limitations apply even if any remedy fails of its essential purpose, except where restricted by applicable law.

 

16. Indemnification:

 

You agree to indemnify and hold harmless Bands of Enchantment, its affiliates, officers, directors, sponsors, and employees from and against any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of your use of the Site, your violation of these Terms, or your infringement of any rights of a third party.

 

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate with us in asserting any available defenses.

 

17. Dispute Resolution, Arbitration, and Class Action Waiver

​

a. Informal Dispute Resolution

Before initiating formal arbitration or legal proceedings, you and Bands of Enchantment agree to attempt to resolve disputes informally. The initiating party must send written notice to the other describing the dispute and proposed resolution. A good-faith meeting (by phone or video call) shall occur within 60 days of receiving notice, unless extended by mutual agreement. If unresolved, either party may initiate arbitration as described below.

 

b. Binding Arbitration

You and Bands of Enchantment agree that any dispute, claim, or controversy arising from or relating to these Terms or your use of the Site shall be resolved solely by binding individual arbitration, and not in court, except for claims brought in small claims court in Bernalillo County, New Mexico.

 

The arbitration will be conducted by a neutral third-party arbitration service such as New Era ADR or FairClaims, in accordance with their applicable rules. If those providers are unavailable, the parties will mutually agree to another arbitration service.

 

The arbitrator shall have the authority to award the same damages and relief as a court, including injunctive and declaratory relief, and must apply these Terms as a court would. All proceedings will be confidential to the extent allowed by law.

 

c. Class Action Waiver

YOU AND BANDS OF ENCHANTMENT AGREE THAT ANY CLAIMS SHALL BE BROUGHT INDIVIDUALLY AND NOT AS PART OF A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. By using this Site, you expressly waive the right to participate in a class action or seek class-wide relief.

 

d. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of laws principles. If any dispute is found not subject to arbitration, both parties consent to exclusive jurisdiction in the state or federal courts of Bernalillo County, New Mexico.

 

Arbitration Fees and Costs: If you commence an arbitration in accordance with these Terms, you will be required to pay New Era ADR’s $300 filing fee. You will not be responsible for paying any other fees for the arbitration beyond this filing fee; all other fees or expenses charged by New Era ADR will be covered by Bands of Enchantment (unless the arbitrator determines that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). If New Era ADR determines that you are unable to pay any portion of the filing fee, Bands of Enchantment will cover that amount as well.

 

In the event that arbitration is conducted by a different arbitration provider in accordance with these Terms, the payment of any filing, administrative, or arbitrator fees will be governed by that provider’s applicable rules.

 

You and Bands of Enchantment agree that New Era ADR, FairClaims, JAMS, or any other arbitration provider selected under these Terms has the discretion to modify the amount or timing of any fees due under its rules or fee schedules, and both parties agree not to oppose any such modifications—provided they do not increase the fees owed by either party.

 

Attorneys’ Fees: Each party is responsible for their own attorneys’ fees, unless the arbitrator orders otherwise. However, if applicable law grants you the right to recover attorneys’ fees if you prevail, the arbitrator may award them accordingly.

 

Delegation and Interpretation: The arbitrator, not any federal, state, or local court or agency, has the exclusive authority, to the extent allowed by law, to resolve any disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement. This includes any claim that the agreement is void or voidable. However, in the event of a dispute over which version of this agreement you agreed to, a court will decide that specific issue. This arbitration clause is intended to be broadly interpreted and will survive termination of the Terms.

 

Limited Right to Appeal: Court review of the arbitrator’s decision is limited under the Federal Arbitration Act (FAA); however, these Terms provide a limited right to appeal to a panel of JAMS arbitrators. Specifically, if the arbitrator grants injunctive relief against either party, the affected party may, within 21 days of the final decision, appeal to JAMS pursuant to the following procedure:

 

Unless otherwise stated in these Terms, the appeal will follow the JAMS Optional Arbitration Appeal Procedure, available at www.jamsadr.com.

 

To initiate an appeal, the appealing party must submit the Demand for Arbitration Form at www.jamsadr.com and provide notice to the other party as described above.

 

The JAMS appeal panel will consist of either (a) retired state or federal judges or (b) licensed attorneys with at least 20 years of active litigation experience and expertise in the applicable law.

 

The appeal panel will conduct a de novo review of the original arbitrator’s decision. Except as otherwise provided under the FAA, there will be no further right of appeal from the JAMS panel’s decision.

 

Special Provision Regarding New Mexico Residents and Events: For any disputes related to events located in the State of New Mexico, you agree to arbitrate such disputes under the procedures outlined in this section. If a court proceeding is necessary (e.g., to enforce an arbitration award or if the arbitration agreement is found unenforceable), you agree to submit to the jurisdiction of the State of New Mexico. This does not waive your or our right to arbitration but provides for the appropriate jurisdiction should court involvement be required.

 

18. No Reliance and Forward-Looking Statements:

 

The information provided on the Site may not be current and should not be relied upon for any investment or similar decisions. Bands of Enchantment does not make any forward-looking statements regarding financial condition or future performance on this site. Any opinions, forecasts, or projections reflect our judgment as of the date of posting and are subject to change without notice. We do not undertake any obligation to publicly update or revise any such statements.

 

19. Severability:

 

We believe that these Terms comply with applicable law. However, if any portion of these Terms is found to be unlawful, invalid, or unenforceable, (a) that portion shall be enforced to the maximum extent permitted to reflect the intent of these Terms, and (b) the remaining Terms will remain valid and enforceable.

 

20. Questions:

 

If you have any questions, comments, or complaints about these Terms or the Bands of Enchantment Site, please contact us at:

 

Bands of Enchantment

Attn: Legal Department

500 4th St NW

Suite 102 

Albuquerque, NM 87102

 

New Mexico users may also contact the Consumer Protection Division of the Office of the Attorney General:

408 Galisteo Street, Villagra Building

Santa Fe, NM 87501

(505) 490-4060 or Toll Free (844) 255-9210

https://www.nmag.gov/consumer-protection.aspx