- Introduction. This Agreement, and use of the website, is an online service provided by HSC Plaza and Building Operations LLC, a Delaware limited liability company (sometimes referred to herein as the “Company“, “we” or “our”) with a principal place of business in Illinois. The website consists of restaurant information, reservations, event notifications, which may include facilitation of the purchase or sale of tickets to live events, access to other ticket resources, and related content provided by the Company and by third parties for businesses surrounding Wrigley Field, the historic ballpark located in Chicago, Illinois.
This Website is subject to the terms and restrictions contained herein and is for private personal use by consumers only (“Users“). Any other use or attempt to use this Website, or any of the services provided through this Website for commercial purposes (including the purchase of tickets for the purpose of resale), directly or indirectly, by you or by a third party is strictly prohibited.
- Use of This Website. This Website is the property of the Company and your access to this Website is with our permission. Any unauthorized access or use will be, among other things, a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of this Website, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies.
You are prohibited from doing any act that has the effect of undermining the integrity of our system, this Website, our services and the method by which we provide our services to users.
As a material term of this Agreement, you expressly agree that you shall NOT do any of the following:
- Deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from this Website;
- Deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to this Website for any other purpose, including but not limited to purchasing tickets;
- Deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this Website, its hardware and connections, or prohibits, denies or delays access to this Website by others;
- Purchase tickets to any event offered through this Website for the purposes of reselling those tickets, except as permitted by applicable law. If we determine that you are purchasing an irregularly large number of tickets to an event or multiple events, you may be required to contact our sales office in order to execute a group license. In the alternative, we reserve the right to presume that you are purchasing such tickets for resale purposes and at our sole election, we will cancel your transaction(s) and restrict your access to this Website;
- Download or copy any content displayed on this Website, including without limitation any photographic imagery, Company or third-party (including Chicago Cubs) trademarks, for purposes other than preserving information for your personal use;
- Establish any deep link or other connection to any specific page or pages of this Website other than the home page, without Company’s prior written permission; or
- Deploy or facilitate the use or deployment of any automatic or manual device, process or means to circumvent, avoid or defeat any of our security measures or systems.
- You expressly agree that you will use this Website only for lawful purposes. You will not post or transmit through this Website any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability of the Company, (v) contains advertising or any solicitation with respect to products or services, unless we have approved such material in writing, in advance of its transmission; (vi) introduces any program, executable file or routine (such as a worm, Trojan horse, cancelbot, time bomb or virus) into our system for any purpose, irrespective of whether any such program or routine results in detrimental harm to our system or our data; or (vii) threatens the continuous services of our ISP’s, suppliers and vendors.
Any conduct by you that in our sole discretion restricts, inhibits, or interferes with any other consumer from using or enjoying this Website is expressly prohibited.
- Payment and Fees. If you decide to purchase tickets or other merchandise, you agree to all terms of such tickets printed thereon and to pay, in addition to the price for the ticket or merchandise, other fees and charges that we may impose, including but not limited to, convenience fees, processing fees, method of delivery fees and other miscellaneous fees. The amount of each fee may vary, depending on the tickets or merchandise you purchase and the method you select to receive your tickets or merchandise.
Fees and charges, including (but not limited to) charges for issuance, convenience, handling, processing, shipping, delivery, (including but not limited to, charges for Federal Express or other courier delivery), and any other miscellaneous charges assessed by us represent, among other things, the costs we incur in providing our goods and services to you. The fees and charges we assess may be greater than our actual cost of providing those services, and we may retain a portion of all such fees and charges as profit.
Please review all pages displayed during your completion of a purchase. All fees and charges related to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction. Once you agree to a transaction, the transaction is final, non-refundable, and non-cancellable for any reason. All sales are final.
- Tickets / Rules. Each ticket purchased through the Website (a “Ticket”) represents a non-transferable, non-renewable, revocable Ticket License (the “License”) offered by the Company, subject to the terms and conditions set forth on the Ticket, the terms and conditions set forth herein, and any policies published by the Company from time to time. Payment by a Licensee (defined below) to the Company for Ticket(s) or use of the Ticket to access an event operated by the Company or its affiliates or designees constitutes Licensee’s acceptance of a non-renewable, revocable License which permits the bearer the right to enter the publicly-accessible areas of the location listed on the Ticket at times determined by the Company. This License and Tickets are revocable at the sole and absolute discretion of the Company, with or without cause, including, but not limited to, failure to pay any amount when due. Without limiting the foregoing, Licensees are advised the Company may cancel any Ticket or revoke any License or take other appropriate action, including, without limitation, ejection and further legal action for conduct including, but not limited to: (a) any form of fraudulent activity; (b) the purchase of tickets for the purpose and intent of reselling the tickets on the secondary market; (c) use of tickets for sweepstakes, contests and/or promotions without the prior written consent of the Company.
- Links to Other Websites. We may, from time to time, display icons, graphic or textual links to other websites, or display selected pages of other websites not affiliated with The Website. Any content, product or service provided by other websites is under the exclusive control of such third parties and not the Company. Your access to and use of any other Website, and any transaction in which you engage on any other website, is subject to the applicable user agreements and privacy policies of that website. By access and use of any other website, you expressly disclaim all liability of the Website and the Company with respect to your, or third party’s actions on these other websites. The Company reserves the exclusive right and sole discretion to add, decline or remove, without notice, any icon or link to another website.
- Electronic Communications. By reserving tickets or otherwise communicating with us electronically, you consent to receive electronic communications from us regarding any purchase you make or any event to which you have purchased tickets. By consenting to accept electronic communications from us, you also agree that all agreements, disclosures and notices, including any updates to this Agreement, may be provided to you electronically and that an electronic communication from us satisfies any legal requirement that a communication be in writing.
- Ownership Intellectual Property. Other than third party materials that the Website uses, the Website owns all Website software, design, text, logos, designs, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, and other copyrightable elements, including the selection and arrangement thereof, trademarks, service marks and trade names (collectively, the “Website Elements“). The Website Elements are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Website Elements to any third party (including, without limitation, the display and distribution of the Website Elements via your own or a third party website) without the Company’s express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any software included in the Website Elements. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. The Company makes no, and expressly disclaims all, representations and warranties regarding your use of the Website Elements and whether such use infringes rights of third parties.
IN NO EVENT WILL THE RELEASED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT WILL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, THE RELEASED PARTIES WILL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO ANY USER, OR FOR ANY CLAIMS OR LOSSES ARISING FROM USING THIS WEBSITE. NONE OF THE FOREGOING PARTIES WILL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
ANY LIABILITY THAT THE RELEASED PARTIES MAY HAVE TO YOU UNDER ANY CIRCUMSTANCES WILL BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT EXPENDED BY YOU WITH US DURING THE TRANSACTION GIVING RISE TO THE CLAIM; OR (B) $100. IF YOU ARE A RESIDENT OF A STATE THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN THE FOREGOING PROVISION WILL NOT APPLY TO YOU.
- Equipment. You will be responsible for obtaining and maintaining all telephones, Internet connections, computer hardware, and other equipment needed for access to and use of this Website and for any and all charges related thereto.
- Trademarks. The Company takes great care in the development and protection of its trademarks, service marks and logos and reserves all rights of ownership of its trademarks, including but not limited to Budweiser Brickhouse Tavern, Gallagher Way™ and others. Nothing contained in this Website should be construed as granting by implication, estoppel, or otherwise, a license or right to use any trademarks displayed on this Website without the prior written permission of the Company.
- Copyright Compliance. To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) The Website will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance to the DMCA by providing The Website with the following information in writing:
- identification of the copyrighted work you claim has been infringed;
- identification of the claimed infringing material and information sufficient to permit us to locate the material on this Website (such as the URL(s) of the claimed infringing material);
- information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address;
- a statement by you that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and
- your physical or electronic signature.
- Please send all written correspondence of alleged infringements to: HSC Plaza and Building Operations LLC, Privacy Administrator, 1101 W. Waveland Avenue., Chicago, IL 60613. Email: admin@GallagherWay.com
- Our Content. A portion of the content for this Website is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
- Remedies. Without limiting any other remedies that we may have available at law or in equity, upon our confirmation that you have breached any provision of this Agreement or the agreements referenced in this Agreement, we may, without notice, cancel any pending transactions you may have with us and restrict or deny your access to our Website and services, including any services we provide through channels other than the Internet. You acknowledge and agree that monetary damages may not be a sufficient remedy to the Company for a breach of this Agreement and you consent to injunctive or other equitable relief for any alleged breach.
- Binding Arbitration. Any dispute relating to or arising from your purchase of any tickets or other merchandise through this Website; or arising under this Agreement, in which monetary damages are being sought, will be resolved by binding arbitration conducted in accordance with the Commercial Rules of the American Arbitration Association. To the extent practicable, hearings will be conducted via telephone or other electronic means intended to facilitate a forum in which a hearing may be had. Any in-person arbitration proceeding will take place in Chicago, Illinois, USA. Upon conclusion of the arbitration, any court having jurisdiction over the matter may enter judgment on any award issued in the arbitration. Any legal proceeding will be adjudicated by a court sitting in Chicago, Illinois, and you and the Company expressly consent to the personal jurisdiction of the State and Federal courts sitting in Chicago, Illinois.
- Indemnification. You agree that you will, at your expense, indemnify, defend, settle, and hold the Released Parties harmless from and against all claims and expenses, including attorneys’ fees, arising out of your use of this Website, including but not limited to any use of this Website that is not authorized by this Agreement. In addition you will pay any judgment awarded against us or any settlement agreed to by you, and any authorized expenses incurred by us. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with The Company in asserting any available defenses.
- Notices. All notices regarding any matter pertaining to this Agreement, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by first class mail, return receipt; or third party national overnight courier, and sent to: HSC Plaza and Building Operations LLC, Privacy Administrator, 1101 W. Waveland Avenue., Chicago, IL 60613. Email: admin@GallagherWay.com
Notice will be deemed effective on the date of delivery according to the return receipt or third party courier delivery confirmation. In addition, the Company may provide notice to you by either email or by third party national overnight courier, sent to the physical or email address you provided to us during any transaction conducted with us. Notice will be deemed effective 24 hours after sending of an email (unless returned due to an invalid email address) or on the date of delivery according to the return receipt or third party courier delivery confirmation.
- General. This Agreement is to be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws provisions. This Agreement, as updated from time to time, constitutes the entire agreement between us, with respect to the terms and conditions of use of this Website and supersedes all previous written or oral agreements between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The section headings in this Agreement are for reference purposes only and in no way limit or describe the scope of a particular section. Our failure to enforce any breach of this Agreement by you or others does not constitute a waiver of our right to enforce the terms of this Agreement in the future for a similar breach.
Last Updated and Effective Date: March 29, 2017
- Requests for Information
- Ticket reservations;
- Merchandise sales;
- Charitable programs;
- Surveys; and
To provide you with the goods, services and programs you have requested from us (together, the “Services“) and to communicate with you in respect of the Services (including, for example, invoicing, changes/enhancements and renewals);
To send you electronic communications, including emails about the, Company, the Chicago Cubs and its affiliated companies, events occurring in the Lakeview neighborhood, communications applicable to your interactions with our Website, and about products, services, partners and affiliates when you attend an event, make a purchase, agree to rules or terms, or otherwise engage with us, including via our Website, to the extent the sending of such electronic communication is permissible under applicable law;
To use and share your information with our third-party survey partners to send you periodic surveys to help improve our services or offerings;
Unless you request otherwise, to provide you with Company-related marketing materials and information that may be of interest to you, including, for example, special offers (e.g. new ticket programs, post-season tickets or merchandise availability), loyalty, membership rewards programs (or with a third party from which you may receive goods or services in connection with such a program), promotions and event news;
Unless you request otherwise, to provide you with marketing materials and information in respect of our corporate partners and/or sponsors, including, for example, special offers, promotions and event news; If you enter a contest or other promotion offered by the Company, to administer the contest or promotion, in accordance with its rules and applicable laws;
To satisfy other reasonable, legitimate business interests (such as collecting outstanding debts);
and Otherwise with permission from you.
- Other Information Collected and Shared Within Our Services. Cookies, etc. We use and permit automatic methods such as cookies (small amounts of data including a unique string of characters sent to your browser or application by the Website and stored on your computer’s/device’s memory), web beacons/tags (technology used to track activity) or similar technologies, alone or in combination with Personal Information you choose to provide us. Examples of the information we collect and analyze using such methods may include: personal information as authorized by you, the Internet protocol address used to connect your computer or device to the Internet; email address; login name and password; operating system type, version and computer or device platform; purchase history. We use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs) and methods used to browse away from a page. We use and may allow third parties, such as those who provide services associated with our Services, to place cookies and store your preferences and other information to improve, deliver and customize our Service content offerings.
- Disclosure of Personal Information. The Company will disclose your Personal Information to third parties and/or affiliates:
Where you have specifically given us your consent to disclose your Personal Information for a specified purpose;
Who are acting on our behalf as agents, suppliers or service providers, and solely to enable us to provide you with the goods, services, programs, contests, promotions and information that you have requested or otherwise consented to or to improve upon the foregoing. These entities act on behalf of the Company in these circumstances and are required to maintain the confidentiality of all such Personal Information;
If you enter a contest or other promotion offered by the Company, to administer the contest or promotion, in accordance with its rules; Within the Hickory Street Capital group of companies, to develop and customize products or services to better meet your needs and preferences and to offer you products and services. If you do not wish to receive offers or communications from the Hickory Street Capital group of companies and the other companies set forth in this Section 4, please contact us at the address below;
With the Chicago Cubs and its affiliated companies, for purposes of informing you of Chicago Cubs events and opportunities and to develop and customize products or services to better meet your needs and preferences and to offer you products and services, including without limitation information relating to www.wrigleyrooftops.com;
With Marquee Sports and Entertainment LLC and its affiliated companies and clients, for purposes of informing you of Chicago Cubs events and opportunities and to develop and customize products or services to better meet your needs and preferences and to offer you products and services;
As part of a corporate reorganization, merger, sale or amalgamation with another entity, or a sale of all of substantially all of the Company’s assets. Personal Information will be among the business assets transferred in these circumstances; and To respond to valid subpoena or discovery request, investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of any Company policies, or as otherwise permitted or required by law.
Aggregated Demographic Information. We may share aggregated demographic information with third parties. This information is not linked to Personal Information that can identify you or another individual person.
Retention of Personal Information. If you reserve tickets or other merchandise using a credit card, we (or our designed payment card processing agent) will retain your credit card information for a length of time reasonably necessary to process a refund.
- Electronic Communications and www.mordecaichicago.com. We will communicate with you by way of email and other forms of electronic communication only if you have consented to us doing so or if such electronic communications otherwise comply with applicable United States anti-spam laws.
Users of the Website have the ability to unsubscribe from email communications via the link featured at the bottom of each Budweiser Brickhouse email. Please note: users are not able to unsubscribe from system messages, receipts, product updates and service announcements, which contain important information about service notices and responsibilities.
- Other Information.No Spyware or Adware. We do not install any spyware or adware in connection with our Services, or distribute any commercial message, or authorize any third party to distribute any commercial message, by means of spyware or adware. “Spyware” or “adware” is any software which has been downloaded to or installed on an Internet user’s computer or device, without the user’s actual consent, and facilitates the distribution of any commercial message to the user. If you feel you may have spyware from another company installed on your machine, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.
Our Security Practices. The account information associated with any of our Services is password protected for your privacy and security. You choose your password for any of our Services so the strength of that password is determined by you. We recommend that you choose a unique password and not share your password with anyone else. In certain areas, we use industry-standard SSL encryption to protect data transmissions.
Special Rules For Children. Federal law does not permit us to knowingly collect personal information from a child under the age of thirteen without the consent of that child’s parent or guardian. We do not target our Website or our Services, products or merchandise for sale on our Website to children, and our Website does not seek to collect contact information from children under the age of 13. However, should we become aware that a child under the age of 13 has provided us with personal information, the Company will take the necessary steps to remove such information and terminate the child’s account.
Last Updated and Effective Date: September 4, 2017