Terms and Conditions

Terms and Conditions Purchasing Tickets.
  • Creating a BARTA Go Mobile account and accessing some of the features of the Services are free; you will only be charged the price of the Ticket when you buy Tickets through the Services. Additional Ticket terms may apply. Tickets may expire after a certain period of time, as noted when purchasing Tickets.
  • Purchase and Payment. Legal Provisions Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BARTA or Modeshift (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR:
      1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION;
      2. ANY DIRECT DAMAGES ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 AND (II) THE AMOUNTS PAID BY YOU TO Modeshift IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM; AND
      3. ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
    Indemnity. You agree to indemnify and hold BARTA, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without BARTA’s prior written consent. BARTA may transfer, assign, or delegate these Terms and our rights and obligations without consent. Choice of Law; Disputes. In the United States, these Terms are governed by and will be construed under the laws of the State of Pennsylvania. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in any court of competent jurisdiction in the jurisdiction in which you reside. Each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Miscellaneous. The failure of either you or BARTA to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and BARTA agree that unless expressly stated otherwise in these Terms, these Terms are the complete and exclusive statement of the mutual understanding between you and BARTA, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of BARTA, and you do not have any authority of any kind to bind BARTA in any respect whatsoever.