1. Who We Are. StageWest Theatre Company (“STAGEWEST”) is the producer of live-theater in Des Moines, Iowa (“Us”, “We”, “Our”). STAGEWEST’s theatrical operations reside in the Des Moines Social Club and our productions take place in the Kum & Go Theater located within the same building. STAGEWEST is the owner and administrator of the website http://stagewestiowa.com.

  2. Why We Have Instituted These Terms and Conditions. STAGEWEST has created these Terms and Conditions (“Terms”) to be as transparent as possible with regard to how we operate our businesses online and what we expect from our customers when using our web site. These Terms apply to all users of our web site, Our services available via telephone and those transactions that take place in person, by postal or electronic mail (collectively, “Site” or “Our Site”).

  3. Where this Terms Applies. Transactions that transpire on Our Site occur within the United States of America (“USA”). These Terms apply to laws and regulations of the USA. STAGEWEST makes no representation or warranty that Our Site or services operate in accordance with the laws of any other nation, or that they or any part thereof, is appropriate for use in any particular nation or political subdivision (collectively referred to as “Nation”). Those who access and use Our Sites from another Nation does so at his or her own initiative and risk and are responsible for complying with all local laws, rules and regulations of the Nation from which Our Site are accessed. Your use of Our Site is Your acknowledgement that Our Site and the products and services rendered by Us are subject to the laws and regulations of the USA, and You specifically waive any right to pursue claims that may arise under the laws of Your home Nation or the Nation from which You access this Site.

    We reserve the right to change, modify, add, or remove (“Change”) provisions of these Terms with or without formal notice. Please check back from time to time to ensure continuing familiarity with the most current version of Our Terms. You can determine whether these Terms have been revised since your last visit by referring to the “Last Updated” legend at the bottom of this page.

  4. Your Consent. Please read these Terms carefully. Your use of this Site constitutes your acceptance of these Terms without limitation, qualification or change. Your continued use of Our Site or Our non-electronic services (e.g. in-person box office sale) is Your consent to be bound by these Terms and Your promise to abide by the practices we describe herein, in our printed materials, and in other places on Our Site. If you do not agree with these Terms or any other term on our Sites, or in our printed materials, do not use Our services or Site.

  5. Limited License. We grant to You a non-exclusive, limited, revocable right and license (“License”) to visit and use Our Site, provided you agree to comply with these Terms and the other policies and conditions governing Your use of the Site. Nothing in this License, or in the Site, shall be construed as granting you any other rights or privileges with respect to the Site or its content. In addition, we may terminate your right to access or otherwise use the Site at any time, without giving you notice.

  6. Restrictions on the Use of Our Content. We provide information on the Site for your personal and non-commercial use only. You may not copy, modify, distribute, display, perform, create derivative works from or transfer any of the content on Our Site (except for your own personal, non-commercial use). Our Site is to be used solely for lawful purposes. It is incumbent upon You to assure that Your use of Our Site complies with all applicable local, state and federal laws of the US. You may not disrupt, modify or interfere with the Site or its associated software, hardware or servers. In addition, you may not interfere with the use of the Site by others. You may not download any of the content found on this Site and use it for any public display, performance, sale or rental; or transfer, remove, modify or alter any trademark, copyright or other proprietary content from this website, or copy any content for a purpose prohibited by these Terms. You agree that you will not use any automatic device, software or routine including, without limitation, any robots, spiders, web bots, web wanders, crawlers, worms or web ants or any manual process which may overload our network or servers or in any way interfere or attempt to interfere with the operation of this website. In addition, You agree not to employ any of the foregoing in an effort to circumvent any security measures we have in place to protect our Site or to enforce our policies, including without limitation, the “CAPTCHA” system used on this Site and limits on ticket purchases. You agree not to attempt to conceal Your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to purchase tickets on the Site. If You violate these Terms (or if we in our sole discretion believe You have violated any of these Terms), we may terminate Your use of the Site, bar any future use of the Site by You (and by any IP addresses we believe to be associated with Your use of the Site), cancel Your purchase order or take appropriate legal action against You including, without limitation, seeking civil, criminal and injunctive redress.

  7. Linking. At times, we or third parties may provide You with hypertext links to other websites. Unless otherwise stated, we do not operate these other websites and are not responsible for, and do not endorse the contents, information, products or services provided by such websites. You acknowledge and agree that STAGEWEST shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with Your use of or reliance on such other website(s), or the contents, information, products or services provided on any such website(s).

    You may not frame on another web site any information located on Our Site without Our prior express written consent. You may request such consents by sending an e-mail request to bryan@stagewestiowa.com. You agree that if We grant permission to You to link to Our Site, You may not link any web page that (i) violates any applicable law or regulation, (ii) infringes the patent, copyright, trademark, trade secret or other intellectual property rights of others or violates any privacy, publicity or personal rights of others; or (iii) contains defamatory, obscene, threatening, abusive or hateful information or expressions.

  8. Intellectual Property. StageWest Theatre and StageWest Theater are registered trademarks of StageWest Theatre Company. Other trademarks appearing on the Site are the property of their respective owners. You may not publicly use any trademark(s) owned by us without our express written permission. The contents of Our Site, such as text, graphic images and other materials (the “Works”) are protected under U.S. and foreign copyright law. The Works may include text, software, graphics, photographs, videos, music and sound. In addition, the aggregated contents of this Site are copyrighted as a collective work and/or compilation. You may not reproduce, copy, edit, publish or transmit the Works in any way without our express written permission. Unless specifically stated herein or elsewhere on Our Sites, Your use of our Site does not give rise to any express or implied right to any of our trademarks, copyrights or other intellectual property or proprietary rights. You may request such permission to use of our trademarks, copyrights or other intellectual property or proprietary rights by sending an e-mail request to bryan@stagewestiowa.com. In the event that we grant You such permission, You will not gain any legal rights to Our intellectual property or proprietary information.

  9. Disclaimer. Your use of Our Site is at Your own risk. We make no representations or warranties that there will be no errors transmitting information to and from Our Site. We do not promise that information You receive from this Site is accurate or reliable or that this Site is free of computer viruses or other harmful mechanisms. Please see our Privacy Policy for information regarding the measures we take to protect information You provide to Us. We make no guarantee of the availability of any tickets or specific results from the use of the Site or of our service. OUR SITES, THEIR CONTENTS AND OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  10. Limitation of Liability. STAGEWEST will not under any circumstances be liable to You for any consequential, incidental or special damages (including but not limited to lost profits) arising out of Your use of Our Site, even if apprised of the likelihood of such damages occurring, and regardless of the legal theory upon which any alleged damages are premised. Notwithstanding the foregoing, STAGEWEST’s liability is limited to the actual cost of any product or service purchased by You though Our Site.

  11. Indemnity. We may make claims against You for Your use of Our Site that violates applicable laws, rules or regulations and/or Our policies posted on Our Site. You agree to hold us harmless and indemnify us against any claims, losses, liabilities or expenses, including reasonable attorneys’ fees, arising out of or in connection with Your use of Our Site, Your use of Our Site which violates any law, rule or regulation, Your use of Our Site which violates any third party right.

  12. Alternative Dispute Resolution.

    • Procedure. The Parties agree that any and all disputes, claims or controversies arising out of or related to this Terms or Your use of Our Site shall be submitted to mediation and if the matter is not resolved through mediation, it shall be submitted for arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of Iowa, Polk County, and shall be administered by, and pursuant to the rules of, the American Arbitration Association (“AAA”). Your use of Our Site is Your consent to the sole and exclusive personal jurisdiction of the AAA sitting in Polk County, Iowa.

    • Restrictions on Arbitration. Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. The arbitrator’s authority to resolve disputes and to make awards is limited to disputes between the Parties alone, and is subject to the limitations of liability set forth above. Furthermore, disputes brought by either party against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to this the arbitration. You specifically waive any right to be a member of a class action lawsuit for any claim You allege arising from the use of Our Site.

  13. Contacting Us Regarding Our Site. If You have any questions concerning these Terms, You may send them by email to bryan@stagewestiowa.com. Please note that email communications will not necessarily be secure; accordingly You should not include credit card information or other sensitive information in Your email correspondence with us. You must send any official correspondence via US postal mail to:

    StageWest Theatre Company, 900 Mulberry St., Suite 205, Des Moines IA 50309

  14. Your California Privacy Rights. If You are a California resident, You have the right to request information about how we share certain categories of personal information with third parties. California law gives You the right to send us a request at a designated address to receive the following information:

    • the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;

    • the names and addresses of the third parties that received that information; and

    • if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.

Any question you may have regarding these Terms should be made in writing and sent to bryan@stagewestiowa.com.