Store Terms and Conditions

Harkins Store

 

Terms and Conditions

IMPORTANT - PLEASE READ CAREFULLY
The following provisions form the basis of the Harkins Theatres National Sales Program (“Program”) relationship between Harkins Reel Deals, L.L.C., a limited liability company with principal offices at 7511 E. McDonald Drive, Scottsdale, Arizona 85250 (“Harkins”), and the Purchaser indicated on the face of the National Sales Order Form. These provisions are intended to protect Purchaser and Harkins. Participation in the Program will be governed by these provisions, and it is the responsibility of Purchaser to read, understand and comply with all of the provisions contained herein.

  1. Authorized Agent. Purchaser acknowledges and agrees that the person executing each purchase on its behalf is an agent and/or an employee of the Purchaser and is authorized to purchase Harkins tickets on Purchaser’s behalf under the Program.
  2. Allotments. Each order of V.I.P. Ultimate or Classic tickets shall be for a minimum of 50 tickets; additional tickets above this minimum are available only inincrements of 50 tickets each.
  3. Payment Terms.
    1. Purchaser acknowledges and agrees that with respect to its initial order and any subsequent ticket order, payment for such order shall be remitted toHarkins at the time the order is placed unless other arrangements have been made. Harkins reserves the right to terminate or suspend the participation of any Purchaser with an unpaid balance.
    2. Purchaser acknowledges and agrees that each order will include a standard shipping and handling charge of eight dollars ($8.00).
    3. Purchaser acknowledges and agrees that upon its failure to remit full payment to Harkins for tickets that have been provided to Purchaser, Harkins shall have the right to exercise all remedies available at law or in equity to collect the amount due, and related attorneys’ fees, court costs and collection costs, from Purchaser, and/or may invalidate the tickets that were provided to the Purchaser.
    4. All applicable sales or use taxes imposed on the sale of any order shall be paid by Purchaser and included in Purchaser’s payment of the purchase price for the order.
  4. Not Refundable. Purchaser acknowledges and agrees that any unused, mutilated or expired ticket(s) are not refundable for cash. Harkins reserves the right to base any exchange upon current ticket value.
  5. Lost or Stolen Tickets. Harkins will not be in any way responsible for lost or stolen tickets, and shall have no legal, equitable or contractual obligation regarding such tickets. Purchaser takes full liability for shipping, including but not limited to merchandise delayed or lost in transit.
  6. Purchaser acknowledges & agrees that the transfer of ownership/title of Merchandise to purchase occurs at the time of departure from Harkins Corporate office (7511 E. McDonald Drive, Scottsdale, AZ 85250).
  7. Resell Rights. Purchaser agrees not to resell Harkins Gift Cards or Harkins Discount Tickets (Ultimate and Classic tickets) for a sum larger than the Member’spurchase price, unless Purchaser has received written permission from Harkins to do so. Purchaser acknowledges and agrees that any resale of any Harkins tickets or gift cards shall be in conformance with all applicable statutes and ordinances. Purchaser agrees to be responsible for determining the applicability of any and all such statutes and ordinances. Purchaser agrees not to resell promotional passes.
  8. Trademark and Name. All trademarks, service marks, trade names and trade dress, and goodwill related thereto, that are heretofore legally and beneficially owned by Harkins and/or its affiliates shall remain the property of Harkins and/or its affiliates. Harkins authorizes Purchaser to use its name, logo, trademark and service marks for the sole purpose of commercially reasonable internal advertising directed solely to its employees, members and/or customers as to the availability ofHarkins tickets through Purchaser’s sales program or authorized agents. Purchaser agrees that any external publication (i.e. outside purchaser’s place of business and beyond distribution solely to its employees) or advertisement of Harkins tickets must be approved in advance in writing by Harkins.
  9. Termination. Harkins reserves the right to terminate any Purchaser from further participation in the Program for any reason, including without limitationterminating any Purchaser which in Harkins’ sole judgment, has violated any of these Terms & Conditions, or, in Harkins’ sole judgment, has violated any local, state, provincial or federal law(s) in relation to the Program. Harkins’ termination of Purchaser from participation in the Program shall not constitute an election ofremedies; Harkins reserves all rights with respect to any other rights or remedies available at law or in equity.
  10. Waiver. Any of these Terms & Conditions may be waived at any time by the party that is entitled to the benefit thereof. Such waiver must be in writing. A waiver on one occasion shall not be deemed to be a waiver of the same or any other term or condition on a future occasion. No delay or failure on the part of either party in exercising any right under these Terms & Conditions, and no partial or selective exercise thereof shall constitute a waiver of such right or of any other right under these Terms & Conditions. The rights granted to each party under these Terms & Conditions and any rights available to it at law or in equity shall be cumulative and may be exercised in whole or in part from time to time.
  11. Amendment. These Terms & Conditions may not be amended with respect to any order that has been placed except by an amendment in writing by a dulyauthorized representative of Harkins and Purchaser. These Terms & Conditions may otherwise be amended at any time by Harkins in its sole discretion by posting the amendment on its website; any such amendment shall apply only to orders placed after the date of such posting.
  12. Severability. If any portion of these Terms & Conditions is held to be illegal, invalid or unreinforceable in any respect under any present or future law or ifdetermined by a court of competent jurisdiction to be unenforceable, such provision shall be fully severable, and these Terms & Conditions shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these Terms & Conditions, and the remaining provisions of these Terms & Conditions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms &Conditions to the greatest extent practicable.
  13. Entire Agreement. These Terms & Conditions supersede all prior discussions and agreements between the parties with respect to the subject matter hereof and contain the sole and entire agreement between Harkins and Purchaser except as may be subsequently modified in writing per Section 11. These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Arizona as they pertain to contracts executed and performed wholly within such state. Any dispute arising herefrom shall be resolved solely by a court of competent jurisdiction located in Maricopa County, Arizona, and the parties hereby submit themselves to the jurisdiction of such courts for such purposes.