By agreeing to purchase Oakland Raiders tickets or using this site, you agree to be bound by the terms of this Agreement. Please note that Paragraph One contains a provision whereby your season ticket privileges are terminated in the event the Raiders elect to play home games in any stadium other than the stadium currently known as Oakland-Alameda County Coliseum (“Stadium”). Please also note that Paragraph Eight of these terms contains a provision requiring binding arbitration of disputes between you and The Oakland Raiders (“Raiders”). If you do not agree to these terms, please do not use this site or purchase Raiders tickets.
1. Stadium. If Raiders elects to cease offering season tickets or playing home games at the Stadium, you agree that Raiders may terminate any and all season ticket privileges you have and deactivate any tickets issued to you. In the event of such termination, you agree that your sole and exclusive remedy is a refund of amounts paid by you in advance for the 2017 season for games not played at the Stadium following such termination.
2. Other Policies. In addition to agreeing to be bound by the terms and conditions of this Agreement, you further agree that you are subject to and bound by all National Football League (“NFL”) & Raiders fan and ticketing policies including but not limited to the Fan Code of Conduct, terms and conditions of any Ticketmaster related site, policies related to tickets set forth on www.raiders.com or otherwise communicated to you, policies of Stadium management, and the terms set forth on the back of or on each ticket provided to you.
3. Cost. You agree that should you agree to purchase Raiders season tickets for the 2017 NFL season, you will pay the amount as invoiced to you by Raiders. You agree that to the extent Raiders plays 2017 season post season games at the Stadium, that whether you may obtain tickets to such games and the cost of such tickets is subject to NFL and Raiders policies. You further agree that to the extent Raiders continues to play home games in the Stadium in 2017 but elects to play one or more home games in a stadium other than the Stadium (i.e. an International Series game), that whether you may obtain tickets to such games and the cost of such tickets is subject to NFL and Raiders policies.
4. Your Contact Information. You agree that the Raiders may contact you by phone, regular mail, and email regarding any actual or potential purchase of Raiders tickets. You agree that if your name, mailing address, and/or email address change, it is your responsibility to provide updated contact information to Raiders and to ensure the Raiders properly confirms receipt of this information. Any update of your contact information is not valid until acknowledged by Raiders. Failure to ensure a proper update of your contact information means the Raiders may be unable to contact you regarding your account.
5. Payment. You agree to provide a valid credit card number as a security deposit for any purchase, if requested. You agree that Raiders may charge the credit card for amounts due for your tickets pursuant to any payment deadlines provided by Raiders.
6. Termination. Should you fail to make any payments by the deadline set forth by Raiders, Raiders may terminate your season ticket and/or post season ticket privileges and deactivate any tickets issued to you. In the event Raiders determines that you have provided false information related to your purchase, or you violate any of the Raiders or NFL policies, including but not limited to the Fan Code of Conduct, Raiders reserves the right to terminate your season ticket privileges. You understand that such termination shall include deactivation of any tickets provided to you.
7. Privileges. Should you purchase Raiders season tickets, you agree that you are purchasing season tickets for the 2017 Raiders season only for games played in the Stadium, and that you have no right or privilege to Raiders tickets in any future season or any other stadium where Raiders plays home games in any season. Raiders reserves the right to, in its sole discretion, cancel, modify, or suspend the season ticket program and/or changes these terms at any time and for any reason without providing notice. Raiders may at any time vary, revise, amend, withdraw, substitute, add or remove any of the terms and conditions of this agreement without notice to you.
8. Release and Indemnity. You expressly agree to forever waive, release, discharge, and covenant not to sue the Oakland Raiders and/or any of its past and present partners, limited partners, owners, entity owners (and the current and former officers, directors, shareholders, partners, members, limited partners, assigns and employees of any owners or entity owners), employees, agents, attorneys, directors, officers, shareholders, contractors, successors, assigns and insurers (collectively “Raiders Related Parties”) of, for and from any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description (collectively, “Claims”), known and unknown, including, but not limited to, all those arising out of or in any way related to any actual or potential purchase of season tickets; these terms; the termination of this Agreement; the legality of these terms; your use of the season ticket account manager portal and related sites, the negligence of Raiders or any Raiders Related Party; any actual or attempted sale of tickets, including but not limited to any tickets purchased by you; and any presence at any NFL stadium or on the field or sideline. You represent and warrants that you own and/or have the authority to release the Claims stated herein expressly waives Section 1542 of the California Civil Code, which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Further, you expressly agree to at all times defend, hold harmless, and indemnify the Raiders and all Raiders Related Parties from and against any and all Claims of any kind or nature whatsoever (including reasonable attorneys’ fees and disbursements) arising out of or in any way related to any actual or potential purchase of season tickets; these terms; the legality of these terms; the termination of this Agreement; your use of the season ticket account manager portal and related sites, the negligence of Raiders or any Raiders Related Party; any actual or attempted sale of tickets, including but not limited to any tickets purchased by you; and any presence at any NFL stadium or on the field or sideline.
9. Binding Arbitration Agreement and Choice of Law. These terms shall be construed and interpreted according to the laws of the state of California without regard to choice of law principles. As a condition of participating in the deposit program, you and Raiders agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in any way connected with the deposit program or this Agreement, be resolved individually, without resort to any form of class action, exclusively through binding arbitration in San Francisco County before JAMS under its Comprehensive Arbitration Procedures (currently available at http://www.jamsadr.com/rules-comprehensive-arbitration/). By entering into this Agreement, both you and Raiders waive any right to have any dispute arising out of or in any way connected with the program be resolved in a court of law by a judge or jury. Arbitration shall be the exclusive remedy for any such dispute. You and Raiders agree to waive the right to commence, be a party to, or be an actual or putative class member of any class, collective, or representative action, except that you and Raiders may bring a representative action under any statute wherein their rights to bring such representative action are deemed unwaivable (such as the Private Attorneys General Act of 2004), but you and Raiders must bring such claims in arbitration. If any portion or aspect of this provision is found to be unenforceable for any reason, in whole, or in part, you and Raiders agree that the unenforceable portion or aspect of the agreement will be severed and the remainder of the provision, including the agreement to submit to binding arbitration, will remain valid and in effect.
Further, to the extent permitted by law and subject to Paragraph One, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than your actual out-of-pocket expenses, and you further waives all rights to have damages multiplied or increased.
10. Warranties. You acknowledge and agree that the deposit program is being provided on an AS-IS basis and EXPRESSLY WAIVE ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. Miscellaneous. A waiver by Raiders of any breach or default of this Agreement shall not be nor be deemed to be a waiver of any other prior or subsequent breach or default of any provision of this Agreement. The provisions of this Agreement are severable, and if any portion is determined invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect to the fullest extent consistent with applicable law.
Except as provided for in this Agreement, this Agreement constitutes the entire, integrated agreement of the Parties with respect to the subject matter of this Agreement. Except as provided for in this Agreement, it is understood that there are no oral agreements between the Parties affecting this Agreement and that this Agreement supersedes and cancels any and all previous negotiations, agreements, and understandings, if any, between the Parties. There are no other representations or warranties between the Parties and all reliance with respect to any representations is totally upon the representations contained in this Agreement. Each Party’s obligations hereunder are in addition to, and not exclusive of, any and all of its other obligations and duties to the other Party, whether express, implied, in fact or in law.