Terms & Conditions

These terms and conditions form part of the agreement between you and ourselves. Your accessing of this website or undertaking of a band application, ticket purchase, or sponsorship agreement indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained on this page. Your statutory Consumer Rights are unaffected.
Payment

All major credit and debit cards are all acceptable methods of payment for the registration of bands to participate in JamFest, and for the purchase of tickets to attend the live event. Our Terms are payment in full prior to band registration or providing of audience tickets. Payment for participation in the event as a Sponsor is arranged on a case-by-case basis directly with the Organization.

Refunds Policy

We do not provide refunds for band registrations, the purchase of audience tickets, or sponsorship participation.

Communication

We have several different e-mail addresses for different purposes. The preferred email address and other contact information can be found on our Contact link on our website, at the bottom of most website pages, in our Organization's literature, or via the Organization’s stated telephone numbers.

Copyright Notice

All text relating to the Organization’s services and the full content of this website including customized computer codes are protected under the copyright and other relevant intellectual property rights laws of The United States and other countries as the sole property of the Veterans Community and Resource Center of Saint Petersburg, Florida, USA. All artwork and the event logo are also specifically copyrighted by the Veterans Community and Resource Center in the United States and other countries.

Availability

Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. Band registrations, sponsorship agreements, and especially orders for tickets placed outside the United States are available by postal arrangement, and may incur additional fees for shipping, duties, tariffs, taxes and customs according to the laws of the jurisdiction in which they are ordered or received, in which case the purchaser is responsible in full for all such additional considerations, financial or otherwise, and for ensuring full and complete compliance with local laws.

Acts & Events Beyond Control

Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, dangerous or extreme weather at the event location or in-route, or any other natural or man-made event outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. This means that if the JamFest Event must be cancelled or postponed due to any of the acts described, the organization is not required to provide refunds to any affected party. If any act, bad weather specifically being the most possible, causes a postponement of the live Event, all band registrations, tickets, and sponsorships will be honored on the rescheduled date. In the case of any such necessary cancellation or postponement, we will make every reasonable effort to individually notify affected parties by email, telephone or postal means as appropriate, but a message to that effect posted on this website shall also be deemed as a full and complete notice to any affected party.

Resolving Disputes

First, let's talk about it. We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us by email, telephone or postal mail. We'll try to resolve any dispute we have with you in the same way. If a dispute cannot be easily resolved, either of us may bring a formal proceeding.

Arbitration

We both agree to resolve any claims relating to these Terms or the JamFest Event through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Pinellas County, Florida. The AAA rules will govern payment of all arbitration fees. We will not seek our attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Arbitration Exceptions

Either you or we may assert claims, if they qualify, in small claims court in Saint Petersburg, Pinellas County, Florida. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions

You agree that you will only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

Judicial Venue

In the event that the agreement to arbitrate is found not to apply to you or your claim, we both agree that any judicial proceeding will be brought in the federal or state courts serving Pinellas County, Florida. Both you and we consent to venue and personal jurisdiction there.

General

The laws of The State of Florida and The United States govern these terms and conditions, and specifically participation in the live event and contest. Additional rules govern the execution and participation by bands in the “JamFest Battle of the Bands Contest,” and those contest rules are located here. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the Florida State or U.S. Federal courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Organization to enforce any of the provisions set out in these Terms and Conditions and any other agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions, and shall not affect the validity of these Terms and Conditions or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

Notification of Changes

The Organization reserves the right to change these conditions from time to time as it sees fit, and your continued use of the website will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that changes have been made on our home page and on other key pages on our website. If there are any changes in how we use our business clients’ personally identifiable information, written notification by e-mail or postal mail will be made to those affected by this change. If contractural aspects of these Terms and Conditions need be amended, modified, varied or supplemented by the Organization, full disclosure and notice shall be provided on this website, and by more direct means, such as email, telephone, or postal mail, when the changes are substantial enough in nature where individual notification would reasonably be deemed necessary.

Disclaimer, Exclusions and Limitations

The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Organization: excludes all representations and warranties relating to this website and its contents of which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website or the Organization’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things, or you have advised this Organization of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs, and the data thereon, or any other direct or indirect, consequential and incidental damages.

The Organization does not warrant that the service from this website will be uninterrupted, timely or error free, although it is provided to our best possible ability. By using this service you thereby indemnify this Organization, its employees, contractors, agents and affiliates against any loss or damage, in whatever manner, however caused, including that of unavailability of service.

Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Organization.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.