Terms of Use

Welcome to the official website of the New Jersey Symphony Orchestra (NJSO)! By accessing and using the NJSO website and its ticketing sales and donation partner websites, you are hereby agreeing to be legally bound by the following Terms of Use. If you do not agree with the Terms of Use, please do not use the websites maintained by NJSO.

PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.  PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE.

These Terms of Use may be revised at any time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by legal notices or terms located on particular pages of this Website.

YOUR CONTINUED USE OF THE SITE AFTER CHANGES ARE MADE SHALL BE CONSIDERED YOUR ACCEPTANCE TO THE REVISIONS.

1. LICENSE

1.1 All users may browse the Sites for personal entertainment and information.

1.2 You may download one copy of the Materials (as defined below) found on the Sites on a single computer for your own internal use only, unless specifically licensed to do otherwise by NJSO in writing or as allowed by any license terms that accompany or are provided with individual Materials. Under these Terms, you are granted a limited license, not a transfer of title, and your license is subject to the following restrictions: you may not: (a) modify the Materials; (b) use the Materials for any commercial purpose or any public display, performance, sale or rental; (c) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (d) remove any copyright or other proprietary notices from the Materials; or (e) transfer the Materials to another person.

1.3 Except as permitted herein, all reproduction, alteration, redistribution, re-publication, downloading, display, notification or transmission of any Materials on the Sites is expressly forbidden in total or in part, in any format, by any means, without the express prior written permission of NJSO. NJSO will enforce its rights to the full extent of the law against any unauthorized commercial use of the Materials.

2. PROTECTED INFORMATION

The Materials hosted on the Sites are copyrighted and protected by trademark and other intellectual property laws. Such materials may include without limitation text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like; and the trademarks, service marks and logos contained therein ("Marks") (altogether referred to herein as “Materials”). The Materials are owned by or licensed to NJSO, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Unauthorized use of the Materials may violate copyright, trademark, and other laws. No title or intellectual property rights are transferred to you or any third party through the use of or access to the Sites. All rights, title, and interest in and to all aspects of the Sites remain the sole property of NJSO or its authorized third-party licensors and service providers.

3. NO WARRANTIES

3.1 THE MATERIALS AND THE SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. NJSO FURTHER MAKES NO WARRANTIES WHATSOEVER PERTAINING TO PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES.

3.2 NJSO and its suppliers further do not warrant the accuracy or completeness of the Materials. NJSO may make changes to the Materials and the Sites at any time without notice. NJSO makes no commitment to update the Materials or the Sites. Your continued use of the Materials and the Sites constitutes your acceptance of the changes. Neither NJSO nor its third-party licensors or service providers warrant that the Sites or associated server computers are free of viruses or other harmful electronic components. You solely (and not NJSO) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using the Sites.

4. DISCLAIMER OF LIABILITY

IN NO EVENT SHALL NJSO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL ECONOMIC DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF NJSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. USER SUBMISSIONS AND COMMUNICATIONS

5.1 Registered users may be permitted to post comments or other content to be hosted, shared and/or published on the Sites. Except as otherwise expressly specified in our Privacy Policy, on our Sites pages, or in these Terms of Use, all information, communications or materials that you post or transmit to the Sites ("Communications") are and will be treated as non-confidential. NJSO reserves the right to remove any user submitted content, with or without cause and without notice, at the sole discretion of NJSO.

5.2 By transmitting or posting any Communications on the Sites, you grant to NJSO or its designees a perpetual, royalty-free, transferable, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained therein. NJSO and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

5.3 You agree that you are solely responsible for your Communications and the consequences of posting or publishing them. In connection with Communications, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to authorize the license grant of Section 5.2, above; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Communications to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Communications in the manner contemplated by the Sites and these Terms of Use.

5.4 In connection with Communications, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NJSO all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage NJSO or any third party; or (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

5.5 NJSO does not endorse any Communications or any opinion, recommendation, or advice expressed therein, and NJSO expressly disclaims any and all liability in connection with Communications made by third parties. NJSO does not permit any activities on the Sites that are infringing of intellectual property rights, and NJSO will remove all Communications upon being properly notified that such Communications infringe the intellectual property rights of a third party. NJSO reserves the right to remove Communications without prior notice. NJSO may terminate user accounts or other user access to the Sites for any violation of this Section. NJSO also reserves the right to solely decide whether or not Communications are appropriate and comply with these Terms of Use.

5.6 Copyright owners or agents thereof, upon belief that any Communications infringe such owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing NJSO with the written information required by the DMCA (see 17 U.S.C 512(c)(3) for further detail).

5.7 You expressly agree that NJSO is not responsible for the protection of any Communications that may be considered by you to be proprietary, sensitive or otherwise unsuitable for general disclosure. You understand that any Communications that you post on the Sites are posted at your sole risk, and NJSO will have no liability whatsoever in the event that such content is disclosed to any third party regardless of whatever losses you may suffer from such disclosure.

6. USER REPRESENTATIONS; INDEMNIFICATION

6.1 You represent and warrant that: (a) if you are a registered user, you are 21 years of age or older, are an emancipated minor, or possess legal parental or guardian consent; and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use; (b) all Communications you provide to NJSO on any forms on the Sites are true and accurate; (c) you will maintain and promptly update information that you provide in Communications to keep it true, accurate, current and complete; (d) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of the Sites; (e) you will not knowingly include in Communications or otherwise introduce to the Sites, any viruses or other items of a destructive nature; and (h) you will comply at all times with these Terms of Use for the Sites as they may be amended from time to time by NJSO.

6.2 By accessing and/or using the Sites under these Terms, you further agree to and authorize all NJSO policies under its Privacy Policy, including but not limited to policies regarding disclosure of personally identifiable information. You understand and agree that all use of personally identifiable information submitted by you to NJSO on the Sites is governed by the terms of NJSO Privacy Policy. By using the Sites, you manifest your acceptance of the Privacy Policy.

6.3 If as a registered user, you are granted access to any protected areas of the Sites by a password protected account, you agree to be responsible for maintaining the confidentiality of the password(s) of such account(s), and to be fully responsible for all activities that relate to the use or misuse of your password(s). You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify NJSO immediately of any breach of security or unauthorized use of your password(s). Although NJSO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NJSO or others due to such unauthorized use. You agree that you may never use another's account.

6.4 If you wish to cancel your account, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify NJSO immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of our Sites at any time, for any reason or for no reason at all.

6.5 You agree that with respect to any special promotions, coupon offers, sweepstakes, or other like activities offered on the Sites, that you will abide by the rules established by NJSO for such activities as described on the Sites.

6.6 You will indemnify and hold harmless NJSO against any and all judgments, settlements, penalties, costs and expenses (including attorneys' fees) paid or incurred in connection with claims due to, resulting from or arising in connection with Communications made distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, and (b) errors in or omissions from such Communications.

6.7 You will not use or launch any automated system (including without limitation, "robots," "spiders," "offline readers," etc.), that accesses the Sites in a manner that sends more request messages to the NJSO servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NJSO grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NJSO reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Sites, nor to use the communication systems provided by the Sites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Sites.

7. TERM AND TERMINATION

These Terms of Use shall continue in effect for so long as NJSO maintains the Sites, unless terminated otherwise herein. NJSO may terminate these Terms of Use at any time if you are in breach, for any other reason, or for no reason at all. Upon termination, you will immediately destroy any copies of the Materials in your possession.

8. LINKS TO/FROM OTHER SITES

8.1 Third party websites may be linked to or from the Sites. Such linked websites are not under the control of NJSO, and NJSO is not responsible for the content of any linked website or any link contained in a linked website. NJSO reserves the right to terminate any link or linking program at any time. NJSO does not endorse companies or products to which it links, unless we expressly state otherwise. If you decide to access any third party website linked to the Sites, you do this entirely at your own risk. By using the Sites, you expressly relieve NJSO from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the NJSO Sites, and to read the Terms of Use and privacy policy of each other website that you visit.

8.2 You may provide links to the Sites from other websites provided that (a) you link only to the Sites home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notice, or other notices on the Sites, (c) you give NJSO notice of such link via e-mail or certified postal mail, and (d) you discontinue providing links to the Sites if requested by NJSO.

9. GENERAL

9.1 NJSO maintains offices within the United States of America from which it may administer the Sites. NJSO makes no representation that Materials on the Sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Sites from other locations, do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations.

9.2 NJSO may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by additional express legal notices or terms posted on particular pages of the Sites. Continued use of the Sites following any change constitutes acceptance of the change.

9.3 You may terminate your access to the Sites at any time. NJSO may suspend or discontinue providing the Materials to you with or without cause and without notice. NJSO may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.

9.4 You agree that when you visit our Sites or contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Sites. By using the Sites, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9.5 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Sites by NJSO. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed in the Sites; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Sites. Except as expressly directed otherwise by NJSO herein or elsewhere in the Sites, notices to NJSO should be sent to: NJSO, 60 Park Place, 9th Floor, Newark, NJ 07102, or to [email protected].

9.6 The failure of NJSO to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

9.7 You may not assign your rights or delegate your duties under these Terms.

9.8 These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.

9.9 The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

10. Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT. 

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and NJSO agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate NJSO’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances NJSO may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Sites, 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.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1.800.352.5267. To initiate arbitration, you or NJSO must do the following things:

Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

  • Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office.
  • Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and NJSO will pay all other administrative costs and fees. In addition, for claims of less than $1,000, NJSO will reimburse you for the $25 fee if the arbitrator rules in your favor.  Arbitration under this agreement shall be held in the United States county where you live or work, New Jersey, or any other location we mutually agree to, subject to New Jersey law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and NJSO, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and NJSO. The award of the arbitrator is final and binding upon you and NJSO. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.

NO CLASS ACTIONS: You may 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 are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and NJSO in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NJSO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing NJSO at [email protected] and providing the requested information as follows: (1)Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

11. Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New Jersey. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Essex County, New Jersey.