Terms of Sale

Last Updated Date: July 8, 2026

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS OF SALE REQUIRE PROCEEDING ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN BY JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR GOODS OR SERVICES, INCLUDING BUT NOT LIMITED TO MEMBERSHIPS OR TICKETS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ENTITY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ENTITY TO THESE TERMS OF SALE AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN GOODS OR TICKETS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE ARKANSAS SYMPHONY ORCHESTRA SOCIETY, INC. (THE “COMPANY”), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE ARKANSASSYMPHONY.ORG WEBSITE (THE “WEBSITE”) OR ANY OF THE WEBSITE’S CONTENTS, GOODS OR TICKETS BY APPLICABLE LAW.

These terms of sale and conditions of sale (these “Terms of Sale”) apply to the purchase and sale of goods, services, and tickets, including, but not limited to, ticket subscriptions, tuition, and membership, through the Website. These Terms of Sale are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for goods or services, including but not limited to memberships or tickets, through this Website (see Section 9).

These Terms of Sale are subject to change by the Company (also referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the “Last Updated Date” referenced on the Website. You should review these Terms of Sale before purchasing any product or services that are available through this Website. Your continued use of this Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

2. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms of Sale, the goods or tickets listed in your order. We will not be obligated to sell those goods or tickets to you until your order is accepted by us.

3. Prices and Payment Terms of Sale

Prices posted on this Website may be different from prices offered by us at our box office location. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of Sale of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept major credit cards and checks for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

4. Shipments; Delivery; Title and Risk of Loss

(a) We will arrange for shipment of the goods or tickets to you, and will send tickets most often using electronic delivery. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

(b) Pursuant to Arkansas law, we guarantee that you will receive your purchased tickets in a reasonable time in advance of the event, but we do reserve the right to make sales made after the event has begun. We guarantee that the ticket you purchase from us will provide you valid entry into the event or venue.

5. Returns, Refunds, and Cancellations

All sales are final. No returns. No refunds except, pursuant to Arkansas law, we will issue a full refund of your purchase price to us or issue you a comparable replacement ticket which may be for a different performance or time or date, where: (a) the ticket received by you was counterfeit, (b) was cancelled by us for nonpayment by the original consumer, (c) was cancelled for any reason other than an act or omission of you, (d) if the ticket fails to conform to the description provided by us or the reseller, (e) the ticket was not delivered to you before the occurrence of the event unless the failure of delivery was due to an act or omission of you or where the ticket was sold to you after the event began, or (f) the ticket does not provide you with admission to the event for which it was purchased. If an event is cancelled and not rescheduled, you are entitled to a refund from us.

6. Resale

You agree to comply with governing Arkansas law concerning the resale of tickets.

7. Warranty and Disclaimers

ALL GOODS AND TICKETS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

8. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GOODS AND TICKETS YOU HAVE ORDERED THROUGH OUR WEBSITE.

The limitation of liability set forth above shall only apply to the extent permitted by law.

9. Privacy

Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of goods or tickets through the Website. Please note that your attendance at any ticketed event constitutes your acceptance and consent to Company’s free and perpetual use – anywhere and any time – of your likeness and/or voice captured during the event through any medium, including but not limited to video and audio recordings and photographs.

11. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

12. Governing Law and Jurisdiction

All matters relating to these Terms of Sale, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Arkansas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arkansas, in each case located in the City of Little Rock and County of Pulaski, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Waiver of Jury Trial and Class Action; Company’s Right to Proceed by Arbitration

(a) YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY, OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM OR CLAIMS. NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

(b) COMPANY RETAINS SOLE DISCRETION TO REQUIRE YOU TO SUBMIT TO BINDING ARBITRATION ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF GOODS OR TICKETS INCLUDING BUT NOT LIMITED TO TICKET SUBSCRIPTIONS THROUGH THE WEBSITE. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 13. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration Terms of Sale will be enforced.

14. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.

15. No Waivers

The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.

16. No Third-Party Beneficiaries

These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.

17. Notices

(a) To You. We may provide any notice to you under these Terms of Sale by (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms of Sale, you must contact us as follows: (i) by electronic transmission to info@arkansassymphony.org; or (ii) by registered or certified mail to Arkansas Symphony Orchestra, P.O. Box 7328, Little Rock, AR 72217. We may update the email address or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by electronic mail will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

18. Severability

If any provision of these Terms of Sale is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.

19. Entire Agreement

These Terms of Sale, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.