Terms of Service

Last Updated: January 14, 2024

Welcome to First Entry, provided by Ingenix Inc. These Terms and Conditions ("Terms") govern your use of the First Entry application ("Service"). By using the Service, you agree to comply with and be bound by these Terms. Please read them carefully.

Our Privacy Policy, Purchase Policy, and any other policies, rules, or guidelines that may be applicable to particular offers or features on the Site are also incorporated into the Terms. By visiting or using the Site, you expressly agree to these Terms, as updated from time to time.

Please note that while some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor their children’s Internet use. If you use the Site, you affirm you are at least 13 years old.

NOTICE REGARDING FUTURE CHANGES TO TERMS:

We may make changes to the Terms at any time. Any changes we make will be effective immediately when we post a revised version of the Terms on the Site. The “Last Updated” date above will tell you when the Terms were last revised. By continuing to use this Site after that date, you agree to the changes. For significant changes, especially those affecting your rights and obligations, you may be required to explicitly consent to the updated Terms before continuing to use the Service.

To the extent that these Terms differ from a prior version of the Terms which you previously agreed to, this version of the Terms supersedes and governs.

1. Definitions

For the purposes of these Terms: "Content" means all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site. "Event Organizer" means the entity or person responsible for organizing an event listed on the Site. "Ingenix Inc." or "we" or "us" means Ingenix Inc., the provider of the Service. "Service" means the First Entry application and any features, functionalities, and content provided through the application. "Site" means the First Entry website or application through which the Service is provided. "Terms" means these End User Terms and Conditions.

2. Acceptance of Terms

By accessing or using the Service, you agree to these Terms, all applicable laws, and any additional terms provided on the Service. If you do not agree, you may not use the Service.

3. Changes to Terms

Ingenix Inc. reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Service. Your continued use of the Service constitutes acceptance of the modified Terms. For significant changes, especially those affecting your rights and obligations, you may be required to explicitly consent to the updated Terms before continuing to use the Service.

4. Ownership of Content and Grant of Conditional License

The Site and all Content are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.

We grant you a limited, conditional, nocost, nonexclusive, nontransferable, nonsublicensable license to view this Site and its Content as permitted by the Terms for noncommercial purposes only if, as a condition precedent, you agree that you will not: Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit.

5. Making Purchases

Please review our Purchase Policy, which (in addition to the Terms) will govern your purchase of any tickets or other products through the Site, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code, credit, or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards, or vouchers that belong to you or to people who expressly authorize you to use such payment methods.

You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site.

You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.

If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment, or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be canceled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.

You will not use ticket bot technology to search for, reserve, or purchase tickets through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.

6. Claims of Copyright Infringement on the Site

Under the Digital Millennium Copyright Act of 1998 (the DMCA), if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number, and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a notice. You may read more information about the DMCA at <www.copyright.gov>.

7. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement. However, if the age of majority in your jurisdiction is older than 18, you must meet the age of majority in your jurisdiction to use the Service.

8. Account Registration

To use certain features of the Service, you may need to create an account. You agree to provide accurate, complete, and current information during registration and to update such information to keep it accurate, complete, and current.

9. User Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Ingenix Inc. immediately of any unauthorized use of your account.

You may not transfer, sell, or otherwise provide access to your account to any third party. This includes but is not limited to, sharing your login credentials, allowing others to use your account, or selling your account to another person or entity. Your account is personal to you and intended solely for your use. Allowing unauthorized access to your account can compromise the security and integrity of the Service, and may result in the suspension or termination of your account

10. Event Organizer Responsibilities

First Entry is an organization tool for event organizers. The event organizer is solely responsible for fulfilling any terms, offers, or commitments made to participants, whether paid or unpaid. Ingenix Inc. is not responsible for any fulfillment obligations. All claims, fulfillment of goods, and services are solely the responsibility of the organizer.

11. Fees and Payment

Certain features of the Service may be offered for a fee. All fees are nonrefundable unless otherwise stated. Ingenix Inc. reserves the right to change its pricing at any time. We will provide at least 30 days' notice for any fee changes.

12. Privacy

Your use of the Service is subject to Ingenix Inc.'s Privacy Policy, which can be found [here/link to Privacy Policy]. By using the Service, you consent to the collection and use of your information as outlined in the Privacy Policy.

13. Disclaimers and Disclaimer of Warranties

The Service is provided on an "as is" and "available" basis. Ingenix Inc. makes no warranties, express or implied, regarding the Service, including but not limited to its accuracy, reliability, or availability. We try to keep the Site up, bugfree, and safe, but you use it at your own risk. To the fullest extent permissible by law, and to the extent that applicable law permits the disclaimer of express or implied warranties, we disclaim all warranties, express or implied, including any warranty of title, noninfringement, accuracy, merchantability, fitness for a particular purpose, or warranties that may arise from course of dealing or course of performance or usage of trade. We do not guarantee that the Site will always be safe, secure, or errorfree, or that the Site will always function without disruptions, delays, or imperfections. We are not responsible for the actions or information of third parties, and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a California resident, you waive California Civil Code § 1542, which says: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

14. Limitation of Liability

IN NO EVENT WILL WE OR OUR EVENT ORGANIZERS, SUPPLIERS, ADVERTISERS, AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN, OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES, OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (a) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (b) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (c) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

15. Indemnification

You agree to indemnify and hold harmless Ingenix Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms.

16. Rules for Sweepstakes, Contests, and Games

In addition to the Terms, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available through the Site may have specific rules that are different from the Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. By entering a drawing or randomization event, you understand that there are a limited number of winners and agree that the organizer sets all the parameters of the event. Ingenix Inc. is not responsible for any outcome.

17. Mobile Messaging

We offer browsing and mobile messaging services which may include alerts, Promotions, and offers for products. You may choose to receive mobile alerts by signing up or participating in a Promotion. If you do, you authorize us to use automated technology to send messages to the mobile phone number you supply when you sign up. Your consent to receive mobile communications is never required to purchase something from us.

Message and data rates may apply, according to your rate plan provided by your wireless carrier. We will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You may not receive our alerts if your carrier does not permit text alerts. Your carrier may not allow you to use prepaid phones or calling plans to receive alerts. We may send you a bounceback message for every message you send to us. Service may not be compatible with all wireless carriers or devices.

You may opt out of any alerts by replying to an alert with the text message “STOP” or by sending the text message “STOP” to the shortcode provided. If you optout by sending us a text message, we will send you a text to confirm your request. If you do not want to receive a confirmation text message, you may optout by sending an email to texthelp@ingenix.com with your request and mobile device number. It may take us up to 10 days to remove your mobile device number from our database.

18. Parental Controls

We cannot prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software, or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at <www.onguardonline.gov>. We do not endorse the products or services listed on that website.

19. Force Majeure

Ingenix Inc. shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, labor disputes, embargoes, government orders, telecommunications, network, or power failures, or failures or delays of thirdparty services.

20. Arbitration

IMPORTANT NOTICE REGARDING ARBITRATION: Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Sheridan, Wyoming, and the arbitrator's decision shall be binding and may be entered as a judgment in any court of competent jurisdiction. BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. You agree to waive any right to a jury trial or to participate in a class action.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Sheridan, Wyoming, and you consent to the jurisdiction of such courts. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect. This severability clause ensures that the invalidity of one part does not affect the enforceability of the rest.

22. StateSpecific Disclaimers

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, or the exclusion of certain warranties. Therefore, the above limitations or exclusions may not apply to you if you reside in such a state. Additionally, you may have other rights that vary from state to state. Ensure compliance with local regulations by consulting statespecific consumer protection laws.

23. Contact Information

If you have any questions about these Terms, please contact us at:

Ingenix Inc.
30 N Gould St,
Sheridan WY 82801
info@ingenix.io

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.