Terms of Use

JANUARY 24, 2021
‍

SECTION 1: INTRODUCTION AND OVERVIEW

Please carefully read these Terms of Use (these “Terms”) because they set forth a legally binding agreement between you (“you”, “your” and/or “guests”)and Meow Wolf Inc. (“we”, “us”, “our”, and/or “Meow Wolf”), and govern your access, attendance, presence, and entry into any Meow Wolf event, location, and/or exhibition as well as your use of any online service location that posts a link to these Terms, and all features, content, and other services that we own, control, or make available to you including, without limitation, the purchase of Meow Wolf products (collectively, the “Services”).

We offer the Services, including all information, tools, and services available herein to you, conditioned upon your acceptance of and strict adherence to these Terms. By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms, then do not access or use the Services.

By using the Services, you consent to our collection, use and disclosure practices, and other activities as described in our privacy policy, if you do not agree and consent, discontinue use of the Services.

In some instances, both these Terms and separate terms elsewhere on the Services will apply to your use of the Services (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.

We control and operate the Services from the U.S., and we make no representation that the Services are appropriate or available for use beyond the U.S. Software related to or made available by the Services may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

‍

SECTION 2: COVID-19 WARNING

In response to COVID-19, Meow Wolf has taken enhanced health and safety measures for our guests and team members. Please follow all posted guidelines and instructions while using the Services.

There is an inherent risk of exposure to COVID-19 that exists in any public place where people are present. COVID-19 is a contagious virus that can cause severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable. Enhanced health and safety guidelines and instructions are in place to help safeguard the health and wellbeing of our guests and staff. Therefore, should an individual not comply with these safety guidelines, Meow Wolf reserves the right to require that individual to leave the exhibition and/or discontinue access to the Services in accordance with these terms and conditions.

Anyone accessing the Services, including, without limitation, visiting a Meow Wolf exhibition, voluntarily assumes all risks and responsibilities associated with exposure to COVID-19.

‍

SECTION 3: USE OF THE SERVICES AND CONTENT

The Services contain: (i) materials and other items relating to Meow Wolf and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Meow Wolf; and (iii) other forms of intellectual property (collectively, “Content”). All right, title, and interest in and to the Services and the Content are the property of Meow Wolf or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

Limited License

Subject to your strict compliance with these Terms and any applicable Additional Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access, enter, attend, download, display, view, use, consume and/or otherwise exploit the Services and the Content in each case for your personal, non-commercial use only. This limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. To protect all parties’ intellectual property rights, any unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Services, if any.

Availability

We reserve the right to refuse access to the Services and/or Content to anyone for any reason at any time. We may suspend or terminate the availability of the Services and Content, in whole or in part, to you for any reason, in our sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Services, or upon notice from us, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Services and Content.

Reservation of Rights

All rights not expressly granted to you are reserved by Meow Wolf and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Services for any purpose is prohibited.

‍

SECTION 4: RESTRICTIONS

You may not use the Services unless you are at least thirteen (13) years old or accompanied by a parent or legal guardian.

In addition to other restrictions in these Terms, you are prohibited from using the Services, including, without limitation, the Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; I to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; (l) use the Services and/or Content for commercial purposes; (m) harvest any information from the Services or Content; (n) reverse engineer or modify the Services or Content; (o) interfere with the proper operation of or any security measure used by the Services or Content; (p) use the Services or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (q) otherwise violate these Terms or any applicable Additional Terms. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

‍

SECTION 5: TICKETS, REFUNDS AND EXCHANGES

Tickets

Tickets purchased in connection with the Services are valid only on the selected date and time for admission.

Ticket Refunds

Tickets purchased in connection with the Services, including those tickets purchased from third-parties, are NON-REFUNDABLE.

Ticket Exchanges

Guests may request changes to tickets, including ticket date and time, prior to 8AM MT of the day of ticket’s valid use date. There is no change fee to modify, but an additional cost applies for dates with higher ticket prices. No refund or credit is given for changes from dates with higher prices to dates with lower prices. We do not offer exchanges in the form of a gift certificate or credit. We do not guarantee the availability of exchanges. We reserve the right to refuse to provide exchanges at our sole discretion.

‍

SECTION 6: PRODUCTS, REFUNDS AND EXCHANGES Products

In providing the Services, we may make products available to you for purchase. We reserve the right, but are not obligated, to limit the sales of Meow Wolf products or to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or made through the Services is void where prohibited. We do not warrant that the quality of any Meow Wolf products purchased or obtained by you will meet your expectations, or that any errors will be corrected.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Services.

All physical products purchased from the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

Online Store

Certain products may be available exclusively online through a Meow Wolf website. We have made every effort to display as accurately as possible the colors and images of Meow Wolf products that appear on the Services, including Meow Wolf’s online store. We cannot guarantee that display of any color will be accurate due to several factors such as the screen that you are viewing the Services on.

We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website

The Meow Wolf online store is hosted on Woo Commerce. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. You acknowledge and agree that your use of the Services is subject to Woo Commerce’s terms and policies, as applicable.

Pricing

All prices and availability of products are subject to change without notice. We make every effort to provide you the most accurate information on pricing and availability.

In addition, some of the products may be incorrectly priced. In the event a product is listed at an incorrect price, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price.

Product Refunds and Exchanges

These products are subject to return or exchange only according to our Refund Policy.

Ticket Refund Policy

Tickets purchased for Meow Wolf locations are valid only on the selected date and time for admission. Tickets are nonrefundable and nontransferable.

Exchange Policy

Tickets purchased through meowwolf.com can be changed up to 24 hours prior to arrival. There’s no change fee to modify, but an additional cost applies for dates with higher ticket prices. No refund or credit is given for changes from dates with higher prices to dates with lower prices. We do not offer exchanges in the form of a gift certificate or credit.

Third Party Tickets

No refunds or exchanges for tickets purchased on Third Party ticket websites. Please contact the third-party ticket seller directly with any questions, refund requests, etc.

Merchandise Return Policy

Returns must be made within thirty (30) days of purchase with a receipt. Returns and exchanges for an in-person purchase must be made in person. All items must be returned in original condition with tags.

‍

SECTION 7: SUBMISSIONS, COMMENTS AND FEEDBACK

If at our request you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name, image, likeness, picture, avatar, social media handle, biographical information, or other indicia, in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.

You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted herein. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You waive any and all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your Submission now or in the future.

You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Comments or Submissions provided by you or any third-party.

You represent and warrant that any Submissions containing licensed music is not subject to and we have no obligation to pay royalties to any third party, including without limitation a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a PRO (e.g., ASCAP, BMI, SESAC, etc.), a sound recording PRO, any unions or guilds, or other third parties.

You understand that your Submissions (except for credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

‍

SECTION 8: ACCOUNTS

Certain features of the Services may require you to create an account and become a registered user. It is important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up to date. If you do not, we may suspend or terminate your account. We reserve the right to initiate forfeiture of any username for any reason or to disable any log-on ID, at any time, if in our opinion you fail to comply with any of the provisions of these Terms or if any details provided are proved or suspected to be false.

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account, whether or not you are aware of them. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account. We are not liable for any loss or damage arising from your failure to comply with the above requirements. If your account is hacked or any third parties use your account, you should immediately notify us and follow our instructions. We may restrict usage, terminate, and/or delete any account at any time in our sole discretion.

You agree to provide current, complete, and accurate purchase and account information for all purchases made using our Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

‍

SECTION 9: SWEEPSTAKES, CONTESTS AND PROMOTIONS

Any Meow Wolf-sponsored sweepstakes, contests, or other promotions will be governed by a separate set of rules or terms and conditions. However, for certain promotions the following general rules in this paragraph apply absent any supplemental official rules or conditions or any contrary terms in the supplemental official rules or conditions for the promotion. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible, or invalid. Use of automated entries, votes, or other programs is prohibited and all such entries (or votes) will be disqualified. We reserve the right to modify, suspend, cancel, or terminate a promotion, extend, and/or resume the entry period, or disqualify any participant or entry, at any time, for any or no reason, without giving advance notice. We may do so in the event that we cannot guarantee the promotion will be carried out fairly or correctly for technical, legal, or other reasons, or if we suspect that any person has manipulated entries or results, provided false information, or acted unethically. If we cancel or terminate a promotion, prizes may be awarded as provided in that promotion’s official rules. The Services may contain certain contest or sweepstake based mechanisms that are not available in all jurisdictions.

‍

SECTION 10: THIRD-PARTY SERVICES

We may provide you with access to third-party tools, content, products or services over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such third-party content “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party content.

Any use by you of third-party content offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s)..

Third-party links on this site may direct you to third-party websites that are not affiliated with Meow Wolf. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties available through or at such third-party links.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

‍

SECTION 11: ADVERTISEMENTS

The Services may include advertisements, which may be targeted to the Content on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Meow Wolf and its affiliates, third party providers, and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others, unless otherwise provided.

‍

SECTION 12: DMCA/COPYRIGHT POLICY

Meow Wolf responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:

A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the infringing material and information reasonably sufficient to permit us to
locate that material;
Your contact information, including your address, telephone number, and an e-mail address;
A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent is:
DMCA Agent
Company: Meow Wolf, Inc.
Address Line 1: 4001 Office Court Drive Address Line 2: Suite 206

Phone: 1-866-636-9969

Email: [email protected]

You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.

We will respond to notifications of claimed copyright infringement in accordance with the DMCA.

Counter Notification

‍If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:

A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and
the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which Meow Wolf may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

We will respond to counter notifications in accordance with the DMCA.

‍

SECTION 13: COMMUNICATIONS

E-Mails

You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or contacting us with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or our ongoing business relations.

‍

SECTION 14: CUSTOMER SUPPORT

Contact us here at www.meowwolf.com/contact for questions about your use of the Services and/or these Terms. When you communicate with us electronically, you consent to receive communications from us electronically. You 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.

‍

SECTION 15: ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information on the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services or on any related website, should be taken to indicate that all information on the Services or on any related website has been modified or updated.

‍

SECTION 16: DISCLAIMERS

The Services, and any Content therein, are provided on an “as is” and “as available” basis. You expressly acknowledge and agree that the Services and the Content may contain audio-visual effects, strobe lights or other materials that may affect your physical senses and/or physical condition, as well as components that may require or cause physical interaction and/or physical exertion. We are not responsible whether Services, including any Content therein, are accurate, complete, or current. Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the Services, and any Content therein, is at your own risk.

The Services and Content therein may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Services and any Content at any time, but we have no obligation to update any Services and/or Content. You agree that it is your responsibility to monitor changes to our Services that may affect you.

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services and/or Content for indefinite periods of time or cancel the Services at any time, without notice to you.

You are aware that the Services and components thereof are potentially dangerous and hazardous activities that involve the risk of injury or death to you or others and/or the risk of property damage. You voluntarily agree to accept and assume any and all risks of injury, death and/or damage associated in any way with your participation in and/or interaction with the Services. You acknowledge and agree that you are physically fit, and you do not suffer from any medical condition, ailment, or other condition that could in any way limit your ability to participate in and/or interact with the Services or that could or might cause injury to you as a result of your participation in and/or interaction with the Services. You agree to abide by all the rules in connection with the Services and to obey the directions of Mew Wolf in connection with the Services.

As consideration for Meow Wolf permitting you to participate in and/or interact with the Services, you hereby agree that neither you nor your personal and legal representatives, assigns and/or heirs may make a claim against, sue or attach the property of Meow Wolf and/or any related entity, and/or the agents, officers and employees of any of them for any injury to you (including death) or damage as a result of your participation in and/or interaction with the Services. In addition, you hereby fully and forever release Meow Wolf and/or any related entity, and/or the agents, officers and employees of any of them from any claim or liability for any injury (including death) or damage that you may cause or sustain during the course of your participation in and/or interaction with the Services.

You consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of Meow Wolf or other medical personnel, you require medical care or other related services. You understand and agree that any and all medical and/or other services rendered to you by or at the insistence of Meow Wolf is not an admission of liability to provide or continue to provide any such services and is not a waiver by Meow Wolf of any right hereunder.

YOU EXPRESSLY AGREE THAT THE FOREGOING RELEASE AND WAIVER OF LIABILITY IS INTENDED TO BE AS BROAD AND AS INCLUSIVE AS IS PERMITTED BY APPLICABLE LAW AND THAT IF ANY PORTION HEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.

‍

SECTION 17: LIMITATIONS OF OUR LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEOW WOLF BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED RESULTING FROM MEOW WOLF’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

‍

SECTION 18: INDEMNIFICATION

You agree to indemnify, defend and hold harmless Meow Wolf, our parent, affiliate, and subsidiary entities, and each of our and their respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Services and/or Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a third party product, service and/or website; or (vii) any misrepresentation made by you. Meow Wolf reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Meow Wolf’s defense of any claim. You will not in any event settle any claim without the prior written consent of Meow Wolf.

‍

SECTION 19: TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using the Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Services

The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Services(or any part thereof).

‍

SECTION 20: GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Mexico without reference to its conflicts of laws principles.

‍

SECTION 21: DISPUTE RESOLUTION

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.

Agreement to Arbitrate

You and Meow Wolf agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the use of the Services (“Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court (a “Small Claims Action”) and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the District of New Mexico and Meow Wolf and you waive any objection to jurisdiction and venue in such courts and consent to their jurisdiction. You agree you may bring arbitration claims only on your own behalf and not on behalf of any other person or entity.

Unless you timely provide us with an Arbitration Opt-out Notice (as defined below in the subsection titled “Your Choices”), you acknowledge and agree that you and Meow Wolf are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Meow Wolf otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

This clause does not limit either party’s ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data, or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person’s account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section 11. (The AAA Rules are available at https://www.adr.org/mediation or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section 11.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Meow Wolf otherwise agree, the arbitration will be conducted in the state where you reside, with the option for you to participate telephonically to the extent the AAA Rules allow. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Meow Wolf submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions which the arbitrator based its award on. Judgment on the arbitration award may be entered in any court having jurisdiction over the arbitration award. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” subsection of these Terms as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Meow Wolf will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration, unless such arbitration is found by the arbitrator to be frivolous under the standards of the Federal Rules of Civil Procedure 11(b) and in that case Meow Wolf shall be entitled to recover attorneys’ fees in addition to any damages awarded to it.

Fees

If the arbitrator finds that your payment of the administrative and arbitrator fees (excluding any attorney’s fees) under this subsection is a burden on you, we agree to pay those fees for you (but not any attorney’s fees).

Changes

By rejecting any changes to these Terms you agree that you will arbitrate any Dispute between you and Meow Wolf in accordance with the provisions of this Section 18 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Your Choices

If you do not want to settle Disputes by arbitration as described above, you will notify us by sending us written notice (including by email to [email protected]) telling us that you don’t want to use arbitration, within thirty (30) days of the date on which you agreed to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except for a Small Claims Action and an IP Protection Action as stated above.

Investigations

We reserve the right to investigate and prosecute any suspected breaches of these Terms or the Services. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

‍

SECTION 22: WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY MEOW WOLF OR A LICENSOR OF MEOW WOLF.

‍

SECTION 23: CHANGES TO TERMS AND TO SERVICES

You can review the most current version of the Terms at any time on Meow Wolf’s website.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website (which constitutes notice to you). It is your responsibility to check the Meow Wolf website periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We may provide patches, updates, or upgrades to the Services that must be installed for you to continue to use the Services. Although we will use commercially reasonable efforts to notify you, we may update the Services remotely without notifying you, and you hereby consent to us applying patches, updates, and upgrades. You acknowledge that your use of the Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Services, including but not limited to (where applicable) any rewards, or Content (save for where it is your own Submissions). You also acknowledge that any data, customization, or other data related to your use of the Services may cease to be available to you at any time without notice from us, including without limitation after a patch, update, or upgrade is applied by us. We do not have any maintenance or support obligations with respect to the Services.

‍

SECTION 24: SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

‍

SECTION 25: ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

The failure of Meow Wolf to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

‍

SECTION 26: ASSIGNMENT

You may not, without our prior written consent, assign, transfer, charge, or sub-contract all or any of your rights or obligations under these Terms, and any attempt without that consent will be null and void. If restrictions on transfer of the Services under these Terms are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Services. We may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under these Terms.

‍

SECTION 27: CALIFORNIA RESIDENTS

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.