IMPORTANT NOTICE. THIS IS A BINDING LEGAL DOCUMENT CONTAINING AN AGREEMENT TO ARBITRATE DISPUTES. PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE, OUR PRODUCTS OR SERVICES, OR OTHERWISE SUBMITTING INFORMATION TO US. YOU AGREE TO THESE TERMS, INCLUDING THE AGREEMENT TO ARBITRATE DISPUTES, BY USING OUR WEBSITE, PRODUCTS, OR SERVICES OR OTHERWISE ACCESSING OUR CONTENT.

Effective Date: 31 August 2020

Scope

The Atlanta Opera, Inc., a Georgia not for profit entity (“Opera” “we” or “us” or “our”) owns and operates this website, www.atlantaopera.org. These Terms of Service (“Terms”) constitute a legally binding agreement made by and between OPERA and you as the user of our website, including the products or services provided or offered through our website or through an authorized ticket sales and distribution company like Ticketmaster (collectively, our “Products and Services”), both personally and, if applicable, on behalf of the third party for whom you are using the Products and Services (collectively, “you”).

By accessing or using any part of the Products and Services, including use of any part of our website, the use of products offered through our website, or the use of our services offered through our website, you agree that you have read, understood, and agreed to be bound by these Terms. By agreeing to these Terms, you are also agreeing to our Privacy Policy (available at https://www.atlantaopera.org/About/privacy) (the “Privacy Policy”). These Terms and the Privacy Policy, as they may be amended from time to time by us in our sole discretion, are collectively known as the “Agreement.”

The Agreement applies to all uses of our Products and Services. You understand and agree that this Agreement is enforceable against you. You hereby represent and warrant that you have CAREFULLY read and understand these Terms and the Privacy Policy, that you are of legal age under the laws of the United States, and that you accept this Agreement freely, voluntarily, and with full knowledge and understanding of its terms and conditions. If you do not accept these Terms and the Privacy Policy, you may not use our Products and Services or access any of our website’s content other than non-downloadable content on the home page.

Our website is accessible worldwide; however, our Products and Services are not offered to all persons or in all geographic locations. The website and our services are not intended to be used by persons in the European Union. It is intended to comply with U.S. privacy laws only and may not comply with the General Data Protection Regulation or related data protection laws of other countries.
You warrant and represent that you are legally permitted to use our Products and Services. We reserve the right to terminate your access or otherwise deny you the ability or right to use our Products and Services or the website at any time for any reason or no reason, including, without limitation: in the event that we determine, in our sole discretion, that you are in violation of any these Terms, are outside the United States of America, or that your use of our Products and Services is not consistent with these Terms and the Privacy Policy or any usage guidelines or policies available on or through our website, as such may be amended from time to time.

We may modify these Terms from time to time. You are responsible for periodically reviewing these Terms for any changes. Whether or not these Terms have changed will be apparent from the effective date at the top of this document. If you do not agree to any changes in these Terms, your sole remedy is to cease using our website and its content. OPERA may, but is not required to, separately notify you that changes to these Terms or the Privacy Policy have occurred.

Your Information

You warrant and represent that all information provided to OPERA through our website or otherwise will be truthful, accurate, and complete, and will be submitted only for lawful purposes. If you provide any information that is untrue, inaccurate, or incomplete, or if we have any reason to believe that the information you provided is untrue, inaccurate, or incomplete, or was submitted in connection with any unlawful purpose, we may, without any liability to you: (a) suspend or terminate our services; (b) if permitted by applicable law, use electronic self-help means to terminate your ability to access our website or our services; (c) terminate this Agreement; (d) remove, delete or otherwise dispose of information previously provided, uploaded or used by, for, or on behalf of you; (e) report your activities to law enforcement agencies; (f) notify others or our affiliates or partners of our suspicions; and/or (g) pursue any other legal or equitable remedies that may be available.

By sharing, submitting or uploading any text, photographs, artwork, ideas, questions, reviews, comments, messages, communications with us or others, suggestions or other content that you submit, post to or disseminate using the website or otherwise provide to us (“User Content”), you grant us a nonexclusive, royalty-free, worldwide, unlimited, perpetual, irrevocable, transferable and fully sublicensable right and license to copy, distribute, publish, perform, create derivatives from, and otherwise use any and all User Content, subject to the restrictions set forth in the Privacy Policy.

In the event we determine that any information you provide to us is incorrect, we reserve the right to cancel or suspend our Services and access to content from our website at any time with, or without, notice to you. We will have no liability to you whatsoever in event we exercise our right to remove or suspend access to such Service or content.

User Accounts

If you create an account, you must provide us with complete and accurate information. Your user account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity, except if previously agreed to by us. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account.

You agree to notify OPERA immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge.

OPERA is not required to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Products and Services.

Communications

By agreeing to these terms, you expressly consent to and authorize OPERA and its affiliates, agents, and its third-party representatives to use written, electronic or verbal means to contact you for reasons related to the Agreement or our Products and Services now or in the future, including marketing messages. This consent to communicate with you includes contacting you by telephone or SMS text message if you voluntarily provide us with your telephone number in order to communicate with you regarding the Products and Services, regardless whether you may incur charges as a result. If you do not want to receive such communications (including at any wireless number you may have voluntarily provided us), you may opt-out of promotional messages by following the unsubscribe instructions in the promotional message itself. Otherwise, please refer to our Privacy Policy for opt out options.

Feedback

From time to time, OPERA or a third party engaged by us may request feedback and other information from you about our Products and Services (“feedback”). Providing feedback is optional. By providing feedback, however, you will grant, and hereby do grant, OPERA a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sub licensable right and license to use the feedback for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback in any medium whatsoever along with your (or your company’s or employer’s) name, in OPERA’s sole discretion. OPERA may also use the feedback in anonymous and aggregate reviews.

Reverse Engineering and Non-interference

In addition to any OPERA information or documents containing information that constitute a “trade secret” as that term is defined in the Uniform Trade Secrets Act as of September 16, 2015, the following will be deemed trade secrets of OPERA and you will treat the following as our trade secrets to the extent they have not been made public by us: (i) all source code, data, and configuration files within or comprising our website or used to receive content from, or deliver content to the website, and all documentation relating thereto, (ii) all financial information relating to OPERA or its affiliates, (iii) all product or service development plans of OPERA or its affiliates, and (iv) all security vulnerabilities and information relating to actual or alleged security vulnerabilities or breaches of OPERA. By agreeing to these Terms, You acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that OPERA takes reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that you will not, engage in any activity, assist any third party in engaging in any activity, or attempt in any way, or assist any third party in attempting in any way, to (v) discover or use any trade secrets of OPERA without OPERA’s prior written consent, (vi) reverse engineer or otherwise discover any source code utilized by our website or any client or other software provided by us, (vii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by us or our website to protect the website or any data, hardware, software, or server used in connection with it, (viii) use our website to provide unsolicited electronic communications (i.e. spam) or distribute any infringing or illegal content, (ix) use our Products and Services or our website or any client or software provided by us for any illegal, immoral, or improper purpose, (x) prevent or inhibit access to (or use of) the website by any person, or (xi) publish, reproduce, or use for any purpose other than as expressly contemplated under this Agreement, any content on or available through our website. You further warrant and represent that you will not use our website or any client or software provided by us to implement, develop, refine, enhance, use, or promote any website, software or service that competes with our website.

Linking, Crawling, and Framing

You agree not to, and you will not assist any third party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by this website through any method (including without limitation, through copying, caching or framing), unless such access is expressly permitted in a written agreement executed by us.

Intellectual Property and Infringement Notification

All content on the website, or otherwise made available via the website, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the websites and/or Products and Services (“Site Design”), and all software and other technology used to provide the website and/or Products and Services (“Technology”), are owned by or licensed to OPERA. Content is provided to you for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Sites, Content, Marks, Site Design, and Technology. Using the Sites and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design, or Technology.

If you are a copyright owner or agent thereof and believe that Content posted on our website infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), to us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. For such submissions, we can be reached by email at [email protected], or by mail at:

The Atlanta Opera, Inc.
1575 Northside Drive, NW
Suite 350
Atlanta, GA 30318

Please use this same contact information to report to us any other complaint you may have regarding our website, including without limitation, any complaint that such Content infringes a trademark right or other intellectual property right, or defames any person or is otherwise illegal or improper, by providing (g) a signed certification that the complaint is being made in good faith by one authorized to do so, (h) an email address or physical address where you may be contacted, (i) the URL of the location where the objectionable content can be found; and (j) a reasonable description of the rights you believe are violated by the objectionable content.

Payments, Cancellations, and Refunds

When purchasing our Products and Services, you will be asked to supply certain payment information through our third ticket provider, Ticketmaster. You authorize us (through our ticket provider) to charge your payment card for all purchases you make. You agree that all information that you provide to us, including third parties acting on our behalf, will be accurate, complete and current. You agree to pay all valid charges incurred by you or any other user of your account (including all installment payments and/or fees, if applicable) and/or any fees for the use of a credit or debit card or other payment mechanism, including any applicable taxes and processing charges, if any, relating to your purchase. You agree and authorize us to charge you applicable sales or other related taxes to which your Product or Service may be subject and which may vary from time to time. Attempting to make a payment by fraudulent means, or attempting to prevent OPERA from receiving the funds from a payment made by or for you will be a material breach of these terms.

Except as otherwise expressly stated herein, all amounts paid to OPERA are non-refundable. We do not allow returns or substitutions of tickets. All sales are final. OPERA is not responsible for any loss or inconvenience caused by any unauthorized duplication of this ticket. In the event duplicate copies of this ticket are presented, OPERA reserves the right to refuse entry to the Event for all ticket holders. Refunds shall not be issued, with the exception of complete cancellation of an event. OPERA may elect to delay/postpone the event.

Your performance may be cancelled for multiple reasons including compliance by OPERA with governmental regulations. Further, OPERA may convert the performance from the form offered by the Ticket to a digital performance. In the event of this conversion your ticket will automatically be converted to the digital performance. If the performance to which your ticket relates is cancelled for any reason and not converted to a digital performance, you will have the option to elect to: (i) donate the value of the tickets to OPERA; (ii) receive a credit to a future performance of OPERA; or (iii) receive a refund. If you do not contact OPERA and make the election within thirty (30) days of the date of the cancellation notice, you will be deemed to have elected to donate the value of the tickets to OPERA. You may contact OPERA to make your election in the following manner:

You may contact us to make your election in any of the following ways:

1. Call 404.881.8801
2. Send an email [email protected]
3. Mail to us your election at:
   The Atlanta Opera, Inc.
   1575 Northside Drive, NW
   Suite 350
   Atlanta, GA 30318

Warranty Disclaimer

As between you and us, our Products and Services, including this website and all information we or third parties provide on the website, is provided to you “as is” and you use all of the foregoing entirely at your own risk. We make no representations, warranties or guarantees of any kind whatsoever regarding its availability or the correctness of any content thereon, or that it will provide any feature or capability, or be suitable for any particular purpose. To the maximum extent permitted by law, we hereby disclaim, and you hereby waive, all warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty that may arise by usage of trade, course of dealing or course of performance of this agreement. Without limiting the foregoing, you acknowledge and agree that no software, online platform or website can be entirely secure or free of risk of security breaches or attacks by third parties, and that we make no warranty or representation that our online platform or website will be secure or free from data breaches or cyber-attacks.

Limitation of Liability, Indemnification, and Release

To the extent permitted by law, you and we each agree to limit claims for damages or other monetary relief against each other to direct and actual damages or statutory damages, regardless of the theory of liability. This means that neither of us will seek any indirect, special, consequential, treble, or punitive damages from the other, nor will either of us be entitled to recover such damages. This limitation and waiver also applies to any claims you may bring against any other party to the extent that we would be required to indemnify that party for such claim. You agree we are not liable for problems caused by you or a third party, or by any act of God, nature, epidemic or pandemic. Applicable law may not allow the limitation of liability, implied warranties or the exclusion or limitation of certain damages set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of OPERA under such circumstances shall be limited to the total amount which you have paid to OPERA, in exchange for our Products and Services or otherwise, during the six month period prior to the date of the event giving rise to your claim(s) against OPERA.

You shall indemnify, defend (including by paying reasonable attorneys’ fees and costs), and hold harmless OPERA and its affiliates, and each of their officers, directors, shareholders, agents, representatives, licensees, and employees (each, an “Indemnified Party”), from and against any and all claims, losses, liabilities, damages, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including, without limitation, court costs and reasonable attorneys’ and consultancy fees), arising directly or indirectly, in whole or in part, from your use of an OPERA Product or Service, whether based in contract or tort (including strict liability) and regardless of the form of action. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

ASSUMPTION OF RISK

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND ANY ACCOMPANYING MINOR, VOLUNTARILY ASSUME ALL RISKS AND DANGER INCIDENTAL TO ATTENDING AN EVENT OFFERED BY OPERA, WHETHER OCCURRING BEFORE, DURING, OR AFTER THE EVENT, AND YOU WAIVE ANY CLAIMS FOR PERSONAL INJURY, DEATH, ILLNESS, DAMAGE, LOSS, CLAIM, LIABILITY, OR EXPENSE OF ANY KIND AGAINST THE ATLANTA OPERA, INC. AND ITS AGENTS, SPONSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, OWNERS, AND EMPLOYEES.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing, the wearing of cloth face coverings, and have, in many locations, prohibited the congregation of groups of people. OPERA has put in place preventative measures to reduce the spread of COVID-19; however, OPERA cannot guarantee that you will not become infected with COVID-19.

You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, on behalf of yourself and any accompanying minor, may be exposed to or infected by COVID-19 while receiving OPERA Products or Services or visiting OPERA’s Premises (the term “Premises” includes the Opera’s offices and any site or location where the Opera or its employees or contractors perform or occupy) and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You, on behalf of yourself and any accompanying minor, understand that the risk of becoming exposed to or infected by COVID-19 while on OPERA’s Premises may result from the actions, omissions, or negligence of myself and others, including, but not limited to, OPERA or other persons at or near OPERA’s Premises .

You, on behalf of yourself and any accompanying minor, voluntarily agree to assume all of the foregoing risks and accepts sole responsibility for any injury to yourself and, if applicable, any accompanying minor (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you and, if applicable, any accompanying minor may experience or incur that is in anyway related to the Products or Services provided by OPERA (“Claims”). You, on behalf of yourself and any accompanying minor hereby release, covenant not to sue, discharge, and hold harmless OPERA, its officers, directors, shareholders, employees, agents, representatives, sponsors, and volunteers, as well as the owners of any facilities in which the Products or Services are performed, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You, on behalf of yourself and any accompanying minor, understand and agree that this release includes any Claims based on the actions, omissions, or negligence of OPERA, its officers, directors, shareholders, employees, agents, representatives, sponsors and volunteers whether a COVID-19 infection occurs before, during, or after participation in any Product or Service provided by OPERA.

Event Misconduct

OPERA may refuse admission to, or eject, you, without refund, if you are deemed to be disorderly, intoxicated, and/or fail to comply with the terms of this Agreement or the venue rules.

Additional Terms for Concerts, Public Performances, and Other Events

You agree not to transmit, distribute, or sell (or aid in transmitting, distributing, or selling), in any media now or hereafter existing, any description, account, picture, video, audio or other form of reproduction of any Products or Services offered by OPERA (in whole or in part).

By tendering a ticket to a concert, public performance, or other event (collectively, the “Event”), you, on behalf of yourself and any accompanying minor, hereby consent to security screening and medical screening, whether by walk-through metal detection, handheld metal detection, bag checks, temperature checks, visual COVID-19 symptom checks, or otherwise, and you, on behalf of yourself and any accompanying minor hereby acknowledge and agree that OPERA assumes no liability to your or any accompanying minor’s person or property as a result of such security and/or medical screening and you, on behalf of yourself and any accompanying minor, waive any such related claims against OPERA.

By tendering a ticket to enter the Event, you, on behalf of yourself and any accompanying minor, represent that you have not, within fourteen (14) days prior to the date of the Event, been diagnosed with COVID-19, have not exhibited fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea, and/or any other COVID-19 symptom listed on the CDC website (collectively, “Symptoms”), or had contact with a person that has or is suspected to have COVID-19.

You, on behalf of yourself and any accompanying minor, agree to read and abide by all OPERA rules of conduct, including those related specifically to COVID-19. By tendering a ticket to enter the Event, you, on behalf of yourself and any accompanying minor, acknowledge that you understand the risk of transmissibility associated with COVID-19 and agree to leave the Event or relocate to an isolation area as soon as practicable if identified by an OPERA employee or volunteer to be exhibiting one or more of the Symptoms.

By attending this Event you, on behalf of yourself and any accompanying minor, represent that you have read and understand the following CDC COVID-19 guidelines and acknowledge the risks inherent with attendance at the Event.

a. Prevent Getting Sick: https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/index.html
b. Deciding To Go Out: https://www.cdc.gov/coronavirus/2019-ncov/daily-life-coping/deciding-to-go-out.html
c. People Who Need Extra Precautions: https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/index.html

Survival

All terms and conditions that, by their nature, should survive termination of this Agreement (regardless of the reason for termination) will survive including, without limitation, all licenses granted by you, all warranties and representations by you, all limitations of liability and disclaimers, and all terms relating to notice, choice of law, choice of venue or dispute resolution. OPERA’s remedies under this Agreement are cumulative and not exclusive and are in addition to all remedies available at law or in equity.

Notices

Any notice to OPERA that is required or permitted by this Agreement shall be deemed given: (a) if sent by email to [email protected], upon our receipt of electronic confirmation thereof; or (b) if sent in writing by next day delivery service to The Atlanta Opera, Inc., 1575 Northside Drive, NW, Suite 350,Atlanta, GA 30318, Attn: M upon such delivery.
Any notice to you that is required by this Agreement shall be in writing and shall be deemed given: (a) if sent by email to the email address that we have in our records for you, upon the earlier of your receipt of the email, or two (2) business days after we sent the email (provided that we did not receive a message indicating that the delivery of the email was unsuccessful); (b) if sent by mail to mailing address that we have in our records for you, five (5) business days after deposit in the mail, postage prepaid; or (c) if sent by next day delivery service to the address we have in our records for you, Attn. Managing Director, upon such delivery.

Dispute Resolution and Agreement to Arbitrate Disputes

Many customer concerns can be resolved quickly and to the customer’s satisfaction by contacting OPERA in the manner set forth at the Notices section above. Before taking any formal action, you agree to first contact us and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within 30 days of your notice to us, you agree to submit your dispute to binding arbitration or small claims court as set forth in this provision.

Agreement to Arbitrate Disputes

This section of the Agreement shall be referred to as the “Agreement to Arbitrate Disputes.” This Agreement to Arbitrate Disputes shall be deemed a contract entered into under the laws of the State of Georgia and will be governed by the laws of the State of Georgia together with the Federal Arbitration Act. The Effective Date of the Agreement To Arbitrate Disputes is August 31, 2020. This Agreement to Arbitrate Disputes may change from time to time, and each change will reflect a new effective date. The operative version of the Agreement to Arbitrate Disputes is the version that applied or applies at the time you accepted the Agreement to Arbitrate Disputes as defined in this Section below.

i. Time of Acceptance of Agreement to Arbitrate Disputes. Your agreement with OPERA to arbitrate disputes starts when you accept OPERA Terms. You accept OPERA Terms by taking the earliest of any of the following actions (i) receiving the Terms from OPERA in connection with a transaction, or otherwise receiving the Terms from OPERA: (ii) giving OPERA a written or electronic signature or indication accepting the Terms; or (iii) telling OPERA orally that you accept the Terms.

ii. Effect of Acceptance. Once accepted, this Agreement to Arbitrate Disputes applies to all disputes involving you and OPERA regardless of when the circumstances giving rise to the dispute occurred, including after the termination of your use of any OPERA Product or Service. The Agreement to Arbitrate Disputes remains effective even if you stop purchasing or using our Products or Services. If you have any questions, contact us as indicated at the start of this Section to have your questions answered.

iii. Binding Arbitration. Please read this section carefully as it affects rights that you may otherwise have. This Agreement requires the use of individual arbitration rather than jury trials or class actions to resolve disputes and claims (including ones that already are the subject of litigation). Arbitration is more informal than litigation because it uses a neutral arbitrator instead of a judge or jury and allows for less discovery and less appellate review than a proceeding in a court of law. This arbitration clause shall survive termination of OPERA Terms or termination of your use of the Products and Services. You agree that you are aware that there is no judge or jury in arbitration, but that an arbitrator may award you the same damages and relief that you may be able to recover in a court of law subject to the limitation of liability section of this Agreement. You and OPERA further agree that the arbitrator must honor the terms of this Agreement. Notwithstanding the foregoing, provided that such action is within the governing jurisdictional limitations, either party may bring a claim on an individual basis only in small claims court or the small claims division of a court of appropriate jurisdiction.

iv. Claims Covered by Agreement to Arbitrate Disputes. This Agreement to Arbitrate Disputes governs all claims or disputes between you and OPERA with no exceptions. References to you and OPERA include our respective suppliers, vendors, service providers, service companies, or their respective subsidiaries, officers, agents, partners, employees or consultants, predecessors in interest, successors, and assigns. This Agreement to Arbitrate Disputes includes, but is not limited to, any and all claims for relief and theories of liability, between you and OPERA, whether based in contract, tort, fraud, negligence, regulation or ordinance; claims for relief under any state or federal statutes, including but not limited to the federal and any state analogs of the Americans with Disabilities Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, privacy and data protection laws, and other statutes; claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with OPERA, any interactions between you and OPERA, and/or claims arising from or related to your contract with OPERA. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in a court of law, in which case you agree that the venue for litigating such claim shall be either Fulton County, Georgia, or your county of residence, but only to the extent that you reside in Georgia.

v. Severance. If any term of this Agreement to Arbitrate Disputes is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms herein shall remain in full force and effect.

vi. Delegation Provision. You and OPERA agree that the Arbitrator shall have the power to rule on his or her own jurisdiction, the existence, scope, validity, and arbitrability of this Agreement. This Delegation Provision shall be deemed a contract entered into under the laws of the State of Georgia and will be governed by the laws of the State of Georgia together with the Federal Arbitration Act. Your agreement with OPERA to be bound by this Delegation Provision starts when you accept OPERA Terms.

vii. Single Arbitrator. Claims shall be heard by a single arbitrator.

viii. No Class Action In Arbitration. You and OPERA agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and OPERA agree that the arbitrator may not consolidate proceedings or consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Each party waives the right to litigate in court or arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

ix. AAA Rules. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879.

x. Interpretation of Agreement to Arbitrate Disputes. You and OPERA agree that use of OPERA’s Products and Services evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the laws of the State of Georgia, the Federal Arbitration Act and federal arbitration law.

xi. Payment of Fees in Arbitration. (i) For claims that you bring against OPERA: Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), if you initiate an arbitration in which you seek no more than $30,000 in damages, OPERA will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement to Arbitrate Disputes, with the exception that you are responsible for the first $50 in filing fees of an arbitration initiated in accordance with this Agreement to Arbitrate Disputes. If you prevail at arbitration, you will receive your $50 share of the filing costs from OPERA. If, however, the arbitrator does deem that your demand was frivolous, was brought for an improper purpose, or was malicious, payment of all fees will be determined in accordance with AAA Rules. Additionally, OPERA hereby waives any right to seek its attorneys’ fees from you in the event that it prevails in the arbitration, except where your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. If you initiate an arbitration in which you seek more than $30,000 in damages, the payment of fees will be governed by the AAA rules. (ii) For claims that OPERA brings against you, the payment of fees will be governed by the AAA rules.

xii. Location of Arbitration. Unless you and OPERA agree otherwise and in an effort to reduce the burden of arbitration on you, the location of any arbitration shall be in the Georgia county of your residence. In the event that you are not a resident of Georgia at the time you commence arbitration, the location of the arbitration shall be Fulton County, Georgia, unless you and OPERA agree otherwise. Either or both parties may participate in the proceedings by telephone.

xiii. Governing Law in Arbitration Proceeding. The arbitrator shall apply the laws of the State of Georgia to the substantive issues at issue in the dispute. Notwithstanding anything to the contrary, the arbitrator shall apply the laws of the State of Georgia and the Federal Arbitration Act to interpret and enforce this Agreement to Arbitrate Disputes and each of its provisions, including with regard to any issues over acceptance of the terms of the Agreement to Arbitrate Disputes. Judgment on the award rendered may be entered by any court of competent jurisdiction.

xiv. Disclosure With Consent of Both Parties. Except as may be required by law, such as through a petition to confirm or a petition to vacate an arbitration award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Opting Out of Arbitration. You have the right to opt out of this Agreement to Arbitrate Disputes within the earlier of (i) 14 days of your acceptance of the Agreement to Arbitrate Disputes as defined in this Section of the Agreement; or (ii) 14 days after the first of any actions that are deemed to constitute acceptance under this Section of the Agreement. This means that unless we make any changes to the Agreement to Arbitrate Disputes, you will have only one opportunity to opt out of arbitration of any claim between you and OPERA. If we make changes to this Agreement to Arbitrate Disputes, you will then have the right to opt out within 14 days of those changes. You may exercise this right to opt out of this Agreement to Arbitrate Disputes by writing to us at The Atlanta Opera, Inc., 1575 Northside Drive, NW, Suite 350
Atlanta, GA 30318, and Attn: Managing Director. Your letter to us must indicate your name, provide your contact information, and state that you are opting out of the Agreement to Arbitrate Disputes. Any opt out received after the opt-out deadline (or, in the case of those mailed, postmarked after the opt-out deadline) will be invalid, and you must pursue any claims or dispute against OPERA (as defined in this Section of the Agreement) in arbitration.

Class Action Waiver

If for any reason the Agreement to Arbitrate Disputes is deemed inapplicable or invalid, or to the extent the Agreement to Arbitrate Disputes allows for litigation of disputes in court, or if any claims between you and OPERA are litigated in court for any reason, you and OPERA waive to the fullest extent permitted by law: (i) any right to pursue any claims on a class or consolidated basis, and (ii) your right to serve in a representative capacity in any class or consolidated basis. If this Class Action Waiver is deemed to any extent invalid, illegal, or incapable of being enforced, it shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms of this Agreement hereof remain in full force and effect.

Governing Law

Except for the Agreement to Arbitrate Disputes contained in this Agreement, which will be governed by the Federal Arbitration Act and the laws of the State of Georgia, this Agreement shall be construed by the laws of the State of Georgia, without regard to the state’s choice of law rules. The application to this Agreement of the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is expressly excluded.

General Provisions

Our failure or delay in the performance of any obligation under this Agreement shall be excused to the extent and for the duration that such failure or delay is occasioned by a force majeure event which shall include, without limitation, acts of God, acts of war, earthquakes, fires, floods, terrorism, riots, civil disorders, rebellions, labor disputes, epidemics, pandemics, or any circumstances beyond our reasonable control. You are responsible for providing and maintaining your own internet connection and we will have no liability whatsoever resulting from your inability to access the internet or any connection issue that prevents connections with our servers or data centers.

In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, which shall remain in full force and effect.

This Agreement, the Privacy Policy, and any other written agreement signed by both parties and expressly referencing these Terms, set forth the entire understanding between you and us relating to your use of our Products and Services, including our website, and supersede all prior or contemporaneous negotiations, understandings, agreements, proposals and representations, written or oral, between you and us related to your use of our website. We reserve the right to change these Terms at any time by posting notice of the changes on the website. You will be deemed to have been made aware of, and will be subject to, the changes to this Agreement after any use of the website after such notice has been posted. Your continued use of the Products and Services, including the website or any materials or services accessible through the website, shall constitute your acceptance of the changes. Unless otherwise expressly stated in these Terms, if you do not agree to the changes, your sole remedy shall be to discontinue use of our Products and Services. No delay or failure by us in exercising or enforcing any rights or remedies under this Agreement, in whole or in part, and no course of dealing or performance, shall constitute a waiver by OPERA of any provision of this Agreement.

This Agreement is personal to you. You shall not assign your rights or delegate your obligations under this Agreement, in whole or in part, without the prior written consent of OPERA. Any attempted assignment or delegation by you shall be voidable ab initio by ASO. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

This Agreement shall not be construed as creating any agency, partnership, or joint venture between us and you.

The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. The words “shall,” “agree,” and “will” are mandatory, the word “may” is permissive, the word “or” is not exclusive, and the singular includes the plural and vice versa.
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Contact Us

If you have any questions about these Terms, please contact us at 404 881-8801 or The Atlanta Opera, Inc., 1575 Northside Drive, NW, Suite 350, Atlanta Ga., 30318 Attn: Managing Director. If you believe that any of our website contain materials that infringe a copyright or other proprietary right, please notify us immediately.