Terms of Use for My Tickets

These Terms of Use (hereinafter, "Agreement") set forth the terms, restrictions and limitations governing your use of the Erie County Fair (hereinafter, the "Erie County Fair") My Tickets online functionality (hereinafter, "My Tickets"), and all of the services provided by it (collectively, the "Services"). By registering to use the Services, you acknowledge that you have read and understand this Agreement and expressly agree to comply with and be bound by the provisions of this Agreement. You acknowledge that by using the Services, you are creating a valid, binding and enforceable legal agreement between you, the Erie County Fair and Tickets.com, Inc. ("Tickets.com"). Tickets.com and/or the Erie County Fair may revise, modify, or otherwise amend this Agreement from time to time by posting such revised, modified or amended Terms of Use on this website. Any revised, modified or amended Terms of Use will be deemed effective once you visit this website or otherwise use the Services after such terms are posted. This Agreement was last revised on April 3, 2018.

By using the Services, you also agree to adhere to (1) any and all terms and conditions, rules, policies, regulations, and directions of the Erie County Fair, as such may be amended from time to time, including, without limitation, those terms and conditions printed on Erie County Fair event admission tickets ("Tickets"), (2) the terms, conditions and policies set forth in the My Tickets Frequently Asked Questions, (3) the Terms of Use and Privacy Policy applicable to the Erie County Fair's official website, each of which is incorporated as part of this Agreement by this reference. Specifically, you agree to use the Services subject to and in accordance with the following terms and conditions and, where applicable, represent the same to be true:

1. Eligibility and Registration. In order to use the My Tickets services, you must first register with My Tickets. To qualify for registration, you must be at least 18 years of age. By registering with My Tickets, and accessing the Services, you are representing to us that you are at least 18 years of age. The Erie County Fair or Tickets.com may suspend or terminate your My Tickets account if you are not qualified to use the Services.

2. Erie County Fair Ticket Holders and Applicable Events. The Erie County Fair reserves the right to determine the eligibility of ticket account holders of record to utilize the Services. Only Tickets for Erie County Fair events, designated by the Erie County Fair from time to time, may be renewed.

3. Accuracy of Information. You agree, and by using the Services you represent and warrant that the information you provide to anyone in connection with your use of the Services is true and accurate in all respects. Neither Tickets.com, nor the Erie County Fair guarantee the truth or accuracy of any statements or representations made by My Tickets users. Neither Tickets.com, nor the Erie County Fair will be liable or bear any responsibility for statements made by other My Tickets users.

4. Termination of Participation. The Erie County Fair may, in their sole discretion, and at any time, terminate, suspend or restrict your use of the Services immediately and without notice, with or without cause, including without limitation, if the Erie County Fair determines that (A) you have violated the terms of this Agreement or any other applicable terms, conditions or restrictions, (B) you have violated, or attempted to violate, the rights of other My Tickets participants, (C) you have violated any policy, rule, regulation or direction of the Erie County Fair relating to either the Erie County Fair, as each may be amended from time to time by the Erie County Fair in their sole discretion, or (D) you have violated, or attempted to violate, any applicable law, statute, ordinance, rule, regulation or order, including without limitation, any such law, statute, ordinance, rule, regulation or order regarding fraudulent activity. Neither Tickets.com nor the Erie County Fair will be liable to you or any third party for any loss or claim arising out of such termination. Upon such termination (A) you will cease use of the Services, (B) any of your Ticket transactions for future game dates will be cancelled, (C) set-offs and debits may be taken against your account, and (D) any other actions available to the Erie County Fair or Tickets.com at law or in equity may be taken against you.

5. Legality of Transaction. Neither the Erie County Fair nor Tickets.com make any guarantee that the Services comply with applicable Federal, state, municipal or other local law or regulation. Users of the Services assume all risk in connection with any transaction conducted with the Services.

6. Trademarks. No ownership or other rights in or to the trademarks and copyrighted material contained on the Erie County Fair's official Web site is granted to you through this Agreement and you acknowledge that you do not have any rights in or to any such trademarks and/or copyrighted material. You agree you will not display, transmit, or use any such trademarks and/or copyrighted material in any manner whatsoever.

7. WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NEITHER TICKETS.COM NOR THE Erie County Fair WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (C) DEFECTS WILL BE CORRECTED, OR (D) THE My Tickets WEB SITE, OR THE Erie County Fair's WEB SITE (OR ANY SERVERS THAT MAKE THE SERVICES AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE Erie County Fair NOR TICKETS.COM WARRANT OR MAKE ANY REPRESENTATION THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICES WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTERS ON WHICH THE SERVICES ARE USED OR THE NETWORK OF WHICH SUCH COMPUTERS ARE A PART. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TICKETS.COM, THE Erie County Fair, OR AN AUTHORIZED REPRESENTATIVE OF EITHER TICKETS.COM OR THE ERIE COUNTY FAIR WILL CREATE A WARRANTY OF ANY KIND.

8. LIMITATION OF LIABILITY. NEITHER TICKETS.COM, THE Erie County Fair, NOR ANY OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES WILL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND CAUSED BY, RELATED TO, OR ARISING FROM (A) YOUR USE OF THE SERVICES, (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, INFRINGING MATERIAL, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE, (C) THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR INFORMATION, OR (D) UNCOMPLETED OR COMPLETED TRANSACTIONS, (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, IN EACH CASE INCLUDING WITHOUT LIMITATION, DAMAGES IN CONNECTION WITH (A) LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF TICKETS.COM OR THE ERIE COUNTY FAIR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER REPLAY PARTICIPANTS OR THIRD PARTIES. IN NO EVENT WILL TICKETS.COM, THE ERIE COUNTY FAIR , OR ANY OF EACH OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, TECHNICAL SUPPORT PARTNERS AND PROVIDERS OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICES WHATSOEVER.

9. INDEMNITY. EACH PERSON WHO USES THE SERVICES AGREES TO SAVE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE ERIE COUNTY FAIR, TICKETS.COM, AND EACH OF THEIR RESPECTIVE OWNERS, AFFILIATES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, FINES, PENALTIES, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES AND THEIR USE.

10. Compliance with Laws. You agree that you will not use the Services for any illegal purpose and will comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations and orders regarding Ticket transactions.

11 . No Guarantee of Security. Neither Tickets.com nor the Erie County Fair guarantee secure access to either the Erie County Fair or the My Tickets Web site and neither the Erie County Fair nor Tickets.com guarantee the security of any information provided by you in connection with the Services.

12. Password Use. In order to use the Services, you will be required to register with My Tickets, and as part of such registration, you will receive a user name and password. You are solely responsible for maintaining the confidentiality of your username and password and are solely responsible for all actions that occur under your username and password.

13. General. This Agreement will be governed in all respects by the laws of the State of New York without regard to conflict of law principles. You agree that any action arising out of or relating to these terms will be submitted to binding arbitration, held in Hamburg, New York, pursuant to the Commercial Rules of the American Arbitration Association and that the terms of such action, the names of the parties, all documents filed in connection with such arbitration and any award by the arbitrator (or other resolution of such matter) will be confidential. This Agreement sets forth the entire understanding and agreement between the parties with relation to the subject matter of this Agreement and it is understood that there are no oral representations, understandings or agreements covering the same subject matter as this Agreement. In case a court of competent jurisdiction finds any provision of this Agreement to be invalid, illegal or unenforceable, such provision will be severed from this Agreement and the validity, legality and enforceability of the remaining provisions of this Agreement will not in any way be affected or impaired thereby. Headings in this Agreement are used for convenience of reference only and will not in any way define or affect the meaning, construction, or scope of the provisions captioned. No delay of, or omission in the exercise of any right, power or remedy accruing to the Erie County Fair or Tickets.com under this Agreement will impair any such right, power or remedy, nor will it be construed as a waiver of any future exercise of any right, power or remedy.