THESE TERMS AND CONDITIONS, ALONG WITH ANY OTHER POLICIES OR GUIDELINES POSTED ON THIS WEBSITE, SHALL GOVERN YOUR USE OF THIS SITE. BY USING THIS SITE AND/OR BY PLACING A TICKET REQUEST ON THIS SITE, YOU ARE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE MAKING A TICKET REQUEST.
WHO WE ARE AND WHAT WE DO
NBATickets.com Resale Marketplace by Ticketmaster is brought to you by the National Basketball Association (“NBA”) and Ticketmaster Entertainment, Inc. (“Ticketmaster”) (collectively, “we” or “us”). NBATickets.com Resale Marketplace by Ticketmaster (the “Resale Marketplace”) is a safe and secure online ticket resale marketplace for buyers and sellers. The Resale Marketplace provides fans with access to hard-to-get tickets to NBA games that may otherwise be unavailable through primary distribution channels. When fans buy tickets through the Resale Marketplace, they can be assured of a safe, secure transaction. Tickets are listed by established ticket suppliers and resellers as well as individuals. The tickets offered through the Resale Marketplace are owned, listed for sale and fulfilled by the party listing the ticket (which on rare occasion may include the NBA or Ticketmaster).
THE NBA FAN MARKETPLACE BY TICKETMASTER GUARANTEE
The NBATickets.com Resale Marketplace by Ticketmaster Guarantee provides that the tickets purchased by consumers through the Resale Marketplace will be 100% authentic and delivered on time, each and every time. The NBATickets.com Resale Marketplace by Ticketmaster Guarantee also provides that once your purchase is confirmed, you will receive the tickets you ordered that are as good as or better than the section and row ordered or we will refund your money.
PURCHASING AND PRICE OF TICKETS
THE PRICE THAT YOU PAY MAY BE SUBSTANTIALLY HIGHER THAN THE FACE VALUE PRICE PRINTED ON THE TICKETS. The Resale Marketplace provides you with the service and convenience of locating premium and other tickets that typically are difficult to find or sold out via primary distribution channels, such as Ticketmaster or from a venue box office. Tickets posted on the Resale Marketplace are supplied by season ticket holders, individual sellers unable to use their seats, professional ticket resellers, and, on occasion, teams and/or venues, all pre-screened by The Resale Marketplace. Resellers list these tickets at market value, which may be well above the price printed on the face of the ticket. The market value price for a ticket is quite volatile, and is typically determined by many factors including seat location, supply and demand, date and location of the game, etc.
There are no refunds, exchanges, or cancellations on any request once it is submitted to us.
The NBATickets.com Resale Marketplace offers four types of ticket listings:
A. Tickets that are available for instant delivery (emailed within minutes of placing your order). Tickets that are marked for "Instant Delivery" are typically received within minutes of placing your order.
B. Tickets that are available for immediate delivery (ships within 3 business days).
C. Tickets that are owned by the reseller, but the tickets are not available for immediate delivery. A specific delivery date is noted in the listing.
D. "Section Seating" tickets that are not yet owned by the reseller, but are guaranteed to be procured for you in the desired sections or area specified, once your order has been confirmed. Section Seating is not available to Maryland residents.
PRICES & SEATING
All prices are listed in U.S. Dollars (USD) and are guaranteed only after you have received an Order Confirmation from us, which is your notice that your tickets have been acquired for you, your credit card has been charged and your purchase is completed. Since tickets are bought and sold on the open market, ticket availability and market prices are subject to change at any time prior to Order Confirmation. WE DO NOT GUARANTEE THAT YOUR REQUESTED TICKETS WILL BE AVAILABLE FOR PURCHASE AT THE PRICES SHOWN ON OUR WEBSITE UNTIL YOU RECEIVE YOUR ORDER CONFIRMATION INFORMING YOU THAT YOUR ORDER IS COMPLETE. Please check your tickets carefully once they arrive. Please contact our Customer Care department at 866-357-1136 no later than 48 hours prior to the event if you have not received your tickets or if you have questions regarding the tickets you received.
We cannot be responsible for any typographical or other errors on the website. If we find an error while we are processing your order, you will be notified of the error and, when possible, you will be provided with other seating choices. If this type of error is found while processing your order, you will be notified of the error and, a substitution will be made when available, at no additional cost, or we will issue a refund. This will apply regardless of whether the discrepancy is due to human error or a transactional malfunction of this website.
Promptly after you submit your request for tickets, you will receive an email notifying you that we have received your request and have begun the process of seeking to secure the requested tickets on your behalf. This email is not an Order Confirmation and it does not confirm ticket availability or the ticket price. Once the tickets you requested are secured by us, we will charge your credit card and we will send you an Order Confirmation email confirming that your request has been finalized and your purchase is complete. If you have not received an Order Confirmation from us, you should not assume that your ticket request will be able to be fulfilled. Please note that your order may be finalized even if you do not receive an Order Confirmation, a final invoice or an updated status email from us. If you have not heard from us within 48 hours, please call our office to check on your order. NEVER make an assumption about the status of your order because you have not been contacted by us. We are not responsible for non-receipt of emails for any reason, and orders may not be cancelled due to non-receipt of emails from us.
CREDIT CARD PURCHASES
Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, we will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your tickets to another customer. Any attempts to defraud the NBA, Ticketmaster, or any other user of this site may result in legal and criminal action brought against you.
Your credit card will be charged after we have secured your tickets for you in accordance with the Order Confirmation/Processing section.
Your tickets will be sent to you in one of two ways: electronic delivery or via an express delivery service. We use UPS express delivery services and we do not require a signature for delivery, however for security purposes we suggest you ship to an address that does requires a signature; such as a business address. It is your responsibility to track your package and to be available to accept the package. You agree to provide us with a secure delivery location. Your expected ticket arrival date is based on the actual date we ship the order.
Please note that refusal of your ticket package does not constitute refusal of payment. You hereby understand and agree that you are responsible for full payment of all tickets you have ordered, even if you have returned them to us or refused delivery.
If your tickets are being delivered via electronic delivery, a link to print your tickets will be sent to the email address you provided once your tickets are confirmed by the seller.
If for any reason your tickets are returned to us, we will try to contact you to arrange for another delivery attempt. If you are unavailable or if you refuse delivery of your tickets, at Ticketmaster’s option, your tickets may be listed for sale on consignment, and we will attempt to recover some or all of your costs. NEITHER TICKETMASTER NOR THE NBA GUARANTEES THE SALE OF YOUR TICKETS OR THAT YOU WILL RECOVER ANY OF YOUR COSTS. You have the right to set the asking price for your tickets; however, you cannot list them above the price you paid for them initially. If your tickets do not sell at your asking price, we will price the tickets appropriately in our sole discretion in an attempt to recover as much of your money as possible. This amount may be substantially less than the amount you paid for your tickets. If your tickets are not sold within 48 hours of the event date, we will ship your tickets back to you. It is always in your best interest to remain in close contact with us regarding the pricing of your tickets. You also have the right at any time prior to your event date to request that your tickets be sent back to you, provided that they have not been re-sold by us. Simply request your tickets to be shipped in a manner that will get them to you in time for your event. Please take into account any potential delays, such as adverse weather conditions, as neither Ticketmaster nor the NBA is responsible, under any circumstances, for the timely redelivery of your consignment tickets.
LOST OR STOLEN TICKETS
Keep your tickets in a safe place. Unfortunately, tickets cannot be replaced if they are lost, stolen, or damaged. Please note that direct sunlight and heat can damage some tickets.
Refunds are not offered for cancellations due to an act of God (earthquake, flood, etc.), war, or terrorism. IN ORDER TO RECEIVE YOUR REFUND, THE TICKETS MUST BE RECEIVED BACK IN OUR OFFICE WITHIN 14 DAYS OF THE ANNOUNCEMENT OF THE GAME CANCELLATION. We suggest returning tickets via certified mail or using a carrier that can provide you with proof of delivery. The refund policy for rained-out games will be determined on a case-by-case basis by the team and we will attempt to notify you of what actions should be taken. In all other instances mentioned above we will attempt in every case to obtain a refund from the original seller of the tickets; however, no refund or percentage of refund can be guaranteed.
POSTPONED OR RESCHEDULED EVENTS
Game dates and times are always subject to change. This is especially true for sporting events that are subject to television scheduling conflicts. It is your responsibility to check for any possible changes in date and time. You may check with your local media or call our Contact Center at 866-357-1136 to ensure that you arrive at the game on the correct date and at the correct time. You agree that we are not responsible for changes in date or time of the game, and that refunds will not be issued due to game dates or times being changed. If a game is postponed or rescheduled, your tickets will be honored for the rescheduled game date. New tickets will not need to be issued for most rescheduled games or postponements. As we are not able to recover our costs on the tickets that we acquired for you, we in turn are unable to offer customers refunds on postponed or rescheduled games.
If a game is relocated to a different venue, tickets for the new venue will be provided if necessary and a refund will not generally be given. Exact refund and exchange policies are determined on a game by game basis by the NBA and participating teams. If seating is not available at the new venue a refund will be offered.
TAX AND SHIPPING CHARGES
Games taking place within the Chicago city limits and other select jurisdictions may have tax added to the order. Shipping charges are calculated based on delivery location and shipping method.
License; Ejection and Cancellation; No Redemption Value
The NBA reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Event Provider rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.
Recording, Transmission and Exhibition
You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to Ticketmaster and the NBA to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
You Are Subject to Search
You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.
In the event that any statement in any translated version of this website conflicts with the English version, the statement in the English version shall prevail.
You acknowledge and concede that all transactions take place in McHenry County in the state of Illinois. In the event that we are required to seek legal remedies to recover fees and/or resolve disputes, you agree that we are entitled to recover all costs associated with such action, including but not limited to reasonable attorney's fees and administrative costs, within the jurisdiction of McHenry County in the state of Illinois.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. We are not responsible for providing transportation or reimbursement of travel-related expenses under any circumstances unless those items are specifically included as part of a package. Nor are we responsible for any delay causing you to arrive late or miss your event for any reason. Any actions by us that do result in you missing your event will be rectified with our liability not exceeding 100% of your total purchase price. We are not responsible for the conditions or the actions of the crowd at any event nor are we responsible for any changes made at the venue including, but not limited to, seating arrangements or venue conditions. The tickets that you purchase from us are valid. If someone is sitting in your assigned seat, it is your responsibility to ask them to move or to ask an usher to assist you. Balls, pucks, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after game. If struck, immediately ask usher for directions to a medical station. By purchasing a ticket through the Resale Marketplace, you agree to these terms on behalf of yourself and any accompanying minor. You assume all risks incidental to the event for which a ticket is issued, whether before, during or after the event.
TICKETMASTER DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TICKETMASTER CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TICKETMASTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TICKETMASTER AND NBA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. TICKETMASTER MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE FAN MARKETPLACE SERVICE.
TICKETMASTER AND NBA DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, FAN MARKETPLACE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE FAN MARKETPLACE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE FAN MARKETPLACE SERVICE. TICKETMASTER AND NBA ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, TEAM, PLAYER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Truthfulness and Accuracy of the Information You Provide; Complying with Laws; Verifications and Authorizations
The sale or purchase of tickets to entertainment events is regulated by certain states, counties and cities. You represent and warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. 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 cancelled and you may be prohibited from using the website.
Additional Provisions Applicable to Persons Using THE FAN MARKETPLACE to Buy or Sell Tickets to any Event Located in the State of Illinois
If, and only if, you are using the Resale Marketplace to purchase or sell a ticket to an event that is located in the State of Illinois, then you understand, agree and acknowledge the following:
- This website is operated by Ticketmaster Entertainment, Inc. Our address in the state of Illinois is: 3800 Golf Road, Suite 125, Rolling Meadows, IL 60008.
- If you have a complaint or inquiry regarding ticket sales made through the Resale Marketplace for any event located in the State of Illinois, please email us at NBATickets.comResaleSupport@Ticketmaster.com or call us at 866-357-1136.
- These terms shall be governed by and construed in accordance with the laws of the State of Illinois. In the event of a dispute, you, NBA, Ticketmaster, and all buyers and sellers of tickets through the Resale Marketplace each agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Chicago, Illinois, and the parties consent to the exclusive and personal jurisdiction and venue of these courts, subject to the following: If you are a reseller of one or more tickets through the Resale Marketplace and you have a dispute with any person or business who buys any of those tickets from you, or you are a buyer of one or more resold tickets resold through the Resale Marketplace and you have a dispute with the person or business that sold any of those tickets to you, you hereby agree that that dispute will be solely and finally settled in Illinois by binding arbitration in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association, and the non-prevailing party in the arbitration shall pay the fees and expenses of the arbitrator(s) and the costs of arbitration and the enforcement of any award rendered therein, including the attorneys' fees and expenses of the prevailing party. In order to commence such a proceeding, please send a letter describing the dispute to Ticketmaster Legal Department, 8800 Sunset Blvd., West Hollywood, CA 90069.
Additional Provisions Applicable to Persons Using the Resale Marketplace to Buy or Sell Tickets to any Event Located in the Commonwealth of Pennsylvania:
If, and only if, you are using the Resale Marketplace to purchase or sell a ticket to an event that is located in the Commonwealth of Pennsylvania, then you understand, agree and acknowledge the following:
- This website is operated by Ticketmaster Entertainment, Inc. Ticketmaster’s address in the Commonwealth of Pennsylvania is: International Plaza #2, Suite 330, Philadelphia, PA 19113. Ticketmaster guarantees it will provide a full refund of the amount paid by the purchaser of a ticket on this website, including all fees, if any of the following occurs:
- The event is cancelled (in the event of a cancellation, service and delivery fees will not be refunded).
- The ticket received by the purchaser does not allow the purchaser to enter the event, for reasons including the fact that the ticket is counterfeit or has been cancelled by the issuer due to nonpayment, unless the ticket is cancelled due to an act or omission of the purchaser.
- The ticket fails to conform to its description on this website.
BINDING ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
(1) TicketsNow.com ("TicketsNow") and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including, without limitation, claims relating to your use of TicketsNow's website www.TicketsNow.com (the "Website"), any statements or advertising on the Website, your purchase of tickets through the Website, any fees or other amounts you paid to TicketsNow in connection with the purchase of tickets through the Website, and/or the delivery of tickets to you that you purchased through the Website;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
References to "TicketsNow," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us.
(2) Notwithstanding the foregoing, either party may bring an individual (not class) action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TICKETSNOW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(3) This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with federal law to the fullest extent possible, exclusive of conflict or choice of law rules. To the extent there is no federal substantive law applicable to the dispute, the parties agree if you have a dispute and your dispute involves an event (or a ticket for an event) that is located in the United States, then you consent to personal jurisdiction, and agree to bring all actions, exclusively in a state or federal court located in Chicago, Illinois. If you have a dispute and your dispute involves an event (or a ticket for an event) that is located in Canada, then you consent to personal jurisdiction, and agree to bring all actions, exclusively in courts located in Toronto, Ontario. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall therefore be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) ("FAA"). All issues relating to the enforcement of this Agreement and the arbitrability of claims shall be determined pursuant to the substantive and procedural provisions of the FAA. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, scope, enforceability or formation, and/or effect of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. This arbitration provision shall survive termination of this Agreement.
(4) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to TicketsNow regarding any arbitration claims you file should be addressed to: 7060 Hollywood Blvd., Hollywood, CA Attn: Legal ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). You may download or copy a form Notice and a form to initiate arbitration at:
(5) You will be required to pay a filing fee to initiate arbitration. Presently, that filing fee is $250, and is approximately equivalent to current court filing fees, but is subject to change by JAMS. This is the only fee you will be required to pay to JAMS in connection with the arbitration, unless the . All other costs shall be borne by TicketsNow including any remaining JAMS Case Management Fees and all professional fees for the arbitrator's services, unless you initiate an arbitration in which you seek more than $75,000 in damages, in which case the payment of these fees will be governed by JAMS Comprehensive Arbitration Rules and Procedures without reference to its Consumer Arbitration Standards of Minimum Fairness. When TicketsNow is the claiming party initiating an arbitration against you pursuant to this paragraph, TicketsNow shall pay all costs associated with the arbitration.
(6) The arbitration will be administered by JAMS and governed by JAMS' Streamlined Arbitration Rules and Procedures or, if applicable, JAMS' Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules issued by JAMS and in effect at the time the arbitration is brought, including, if applicable, JAMS' Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at https://www.jamsadr.com/rules-clauses/, by calling JAMS at 1-800-352-5267, from a local JAMS office, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. Unless TicketsNow and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing or residence address, whichever you prefer, provided that JAMS has an office in that County (or parish). If JAMS does not have an office in that county (or parish), the arbitration shall take place at the closest county (or parish) to the one in which you reside. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Except as otherwise provided for herein, TicketsNow will pay all JAMS filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by applicable JAMS Rules. In such case, you agree to reimburse TicketsNow for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the JAMS Rules.
(7) YOU AND TICKETSNOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TicketsNow agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(9) If any part or parts of this Agreement are found to be invalid or unenforceable by a decision of a tribunal of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, but the remainder of this Agreement shall continue in full force and effect. Any or all of the limitations set forth in this Agreement may be specifically waived by the part against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement.