Terms of service

The Phoenix Theatre Company All Access Pass Terms of Service

You have accepted these Terms of Service, which govern your use of our service.

As used in these Terms of Service, "the service" means unlimited tickets for one person per membership purchased to The Phoenix Theatre Company (TPTC) produced or presented performances (productions produced or presented by third parties renting our theatres are explicitly not included in this service), unless the performance you want to see is sold out.

You agree to the arbitration agreement and class action waiver described in section 5 to resolve any disputes with TPTC (except for matters that may be taken to small claims court).

1. Membership

1.1. Your TPTC All Access Pass membership must be maintained for twelve (12) months. Following the initial twelve-month period, the membership will continue month-to-month and automatically renew until terminated. To use the service, you must provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. Following the initial twelve-month period, you must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method (see "Cancellation" below).

1.2. Service start date is calculated based on the first day of the calendar month in which your first payment is made, but in no instance will the subscription start date be before July 1, 2019. If you are converting to the Service from another season ticket package at TPTC, your start date will be the first of the month following the expiration of your previous season ticket package.

1.3. The All Access Pass cannot be combined with any other offer. Does not include fundraising events or rental events not produced or presented by TPTC. Other restrictions may apply.

1.4. It is the essence of this Terms of Service that you agree to show up for any performances for which you have booked a ticket.  As an All Access Pass subscriber, you are entitled to free ticket exchanges, pending availability. Please try to make the exchange at least 24 hours prior to the performance you are exchanging. Two no-show’s during the first 12 months of membership may result in the cancellation of your subscription service following the completion of the first 12 months of service, including the payments for each month.  Following the initial 12 months of service, two no-shows, cumulatively, will result in immediate termination of your subscription.

2. Billing and Cancellation

2.1. Billing Cycle. The subscriptionfee for service and any other charges you may incur in connection with your use of the service will be charged on a monthly basis to your Payment Method on the 15th day of each month until your membership is cancelled. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. First production for the service is July 1, 2019. Your credit card will be charged for first month’s service at the time of purchase to lock in the All Access Pass offer.

2.2. Payment Methods. To use your membership service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

2.3. Cancellation. Following the first twelve months of service, you can cancel your subscription at any time. We do not provide refunds or credits for any partial-month membership periods or unused services. To cancel, please call the box office at (602) 254-2151. Cancellations made on the 1st through the 14th will result in service ending on the 30th of that month. Cancellations made on the 15th through the 30th will result in service ending the 30th of the following month. Once service is cancelled, a new purchase of the All Access Pass will require a new one-year contract.

2.4. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes or changes to your subscription plan will take effect following notice to you.

2.5. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

3. Disclaimers of Warranties and Limitations on Liability

3.1. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL TPTCOR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

3.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

3.3. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

4. Arbitration Agreement

4.1 You and TPTC agree that any dispute, claim or controversy arising out of or relating in any way to the TPTC service, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and TPTC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your All Access Pass subscription.

4.2. If you elect to seek arbitration or file a small claim court action, you must first send to TPTC, by certified mail, a written Notice of your claim ("Notice"). The Notice to TPTC must be addressed to: General Manager, The Phoenix Theatre Company, 1825 N. Central Ave., Phoenix, AZ 85004 ("Notice Address"). If TPTC initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by TPTC, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If TPTC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TPTC may commence an arbitration proceeding or file a claim in small claims court.

4.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after TPTC receives notice at the Notice Address that you have commenced arbitration, TPTC will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

4.4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless TPTC and you agree otherwise, any arbitration hearings will take place in Maricopa county. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

4.5. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

4.6. YOU AND TPTC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TPTC agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

5. Miscellaneous

5.1. Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of the state of Arizona without regard to conflict of laws provisions.

5.3. Feedback. TPTC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to any TPTC service, including the TPTC website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the TPTC service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

5.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please call the box office at (602) 254-2151. In the event of any conflict between these Terms of Service and information provided by Customer Service or other portions of our website, these Terms of Service will control.

5.5. Survival. If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

5.6. Changes to Terms of Service and Assignment. TPTC may, from time to time, change these Terms of Service. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable TPTC service.

5.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) primarily in electronic form, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Last updated: 30 January 2019