These terms and conditions form a contract between User (hereinafter “you” or “your”) and Holley Development Corporation (HDC) that governs your access and use of the website. Please read these Terms carefully. It is a legally binding agreement between you and Company. By using our website, you agree to comply with all of the terms and conditions set out in this document. We may block your Internet Protocol (IP) address at any time, with or without notice, for conduct that is in breach of these Terms for conduct that we believe is harmful to our business, or for conduct where the use of the services is harmful to any other party.

The domain name https://americaspowercouple.com (hereinafter referred to as “Website”) is owned by Holley Development Corporation, a Corporation incorporated under the laws of the State of Florida, with its registered office at 406 S Waukesha St Bonifay, FL 32425 (hereinafter referred to as “we”, “us”, “our”, or “Company”).

Your use of the website, our services, and tools are governed by the following terms and conditions (“Terms”). If you transact on the website, you shall be subject to the terms and policies that are applicable to the website and services for such transactions.

ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.

1. ELIGIBILITY: User must be at least eighteen (18) years of age. User represents and warrants that (i) User has the right and authority to enter into this user agreement, and (ii) he/she abides by all of the terms and conditions of this Agreement.
2. MINOR: If you are a minor, your parent or guardian must read and agree to this T&C. We reserve the right to terminate your use and refuse to provide you with access to the website or any services if it is brought to our notice or if it is discovered that user is under the age of 18 years.
3. UPDATES: We may change these Terms from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update. The user’s continued use of services will constitute binding acceptance of such modifications.
4. OTHER DOCUMENTS: In addition to these T&Cs, the use of our website is also governed by our Privacy Policy. We are committed to protecting your personal information and ensuring its privacy, accuracy, and security. Please read our Privacy Policy for more details.
5. OUR SERVICES: Our goal is to make the experience of purchasing tickets efficient and straightforward. We provide our customer with a digital ticketing platform and transactional infrastructure by which HDC make its event tickets available for purchase online by you (the “Customer”). All details of Events including, but not limited to, performance times, venue, ticket prices, and seat availability are entered by the HDC and/or Event Organizer. The accuracy of all such information is at all times the responsibility of the HDC and/or Event Organizer.
6. TICKET SALES PROCESS: You can search the website by event name, location, and/or date to navigate to the specific event in which you are interested. You may then specify the venue section or price category in which you wish to buy seats; the number of seats you wish to buy; and where relevant, the position of those seats. Our site will display the payment due for the seats specified which will include any Service fees or delivery fees (if applicable). You will then be asked to select your preferred method of Payment and having entered and submitted credit or debit card details, our system will charge the card issuer the appropriate amount. On completion of the transaction, the chosen seats will be registered in your name and you will be sent confirmation of booking via email or text.
7. ORDER CONFIRMATION: Order confirmation will take the form of a summary web page at the end of the purchase sequence. This will be followed by a booking confirmation email dispatched to you. Both contain details of the seats purchased and a unique reference number, which acts as your proof of payment and may be used as an e-ticket. If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, it is your responsibility to confirm with our HDC Customer Support whether or not the order has been completed, as only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation. Any ticket-holder unable to present confirmation of purchase in the form of a printout of the email (or mobile) and valid identification indicating they are the individual named on the confirmation may not be admitted to the event, and will not receive a refund.
8. TICKET LIMITS: In an effort to give customers an opportunity to purchase tickets to an event, we often set limits on the number of tickets one customer is allowed to purchase. You will be advised of any limits on tickets by a posting on the website for the event, or by a system limitation on the number of tickets, you may purchase during your online session. Tickets purchased for an event during multiple online sessions on our website are added up to ensure that any imposed limitations are not exceeded. When customers exceed these limits, their orders may not be fulfilled.
9. TICKET TRANSFER AND REFUNDS: Once a recipient accepts a ticket transfer, a new barcode is issued and the sender’s tickets are invalidated. The sender can modify or cancel a ticket transfer before the recipient accepts the transfer – not after. Call Holley Development Corporation (HDC) Customer Service Department at least 30 days prior to the event to transfer your enrollment. A $75 fee will apply. Previously transferred and complimentary tickets are not eligible. If you are unable to attend and do not wish to substitute, contact our Customer Service Department. We will convert your enrollment to a non-refundable Limitless Purpose voucher which must be used within one year from your original Limitless Purpose event date. Once the event commences, customers seeking a refund will need to visit our HDC Customer Service booth during the meal break at the event. Refunds are authorized at the event only. You must have attended the event up until the meal break. At your option, we will apply your tuition to any Holley Development Corp event, or send you a full refund. Simply turn in your workbook and name badge at the HDC Booth. Complimentary enrollments are not eligible for a refund.

Note: We may cancel transferred tickets, at any time, if we determine that they were obtained fraudulently or otherwise in violation of our policies; therefore, it is important that you know and trust the individual transferring tickets to you before accepting them. If an event is canceled or rescheduled, only the original purchaser will be eligible for a refund.

10. CANCELLED AND RESCHEDULED EVENTS: If an Event is canceled and you purchased your ticket through our website, we will automatically issue you a refund to the credit card, debit card, gift card, or the method of payment used to make your purchase. If an Event is moved from its advertised venue and/or the date is changed, tickets already purchased may remain valid should you wish to attend the revised Event. If not, the HDC Customer Service booth will refund the limited price of your tickets (“Refund Limitation”).  In case of a rescheduled event, all refunds will be handled by the HDC Customer Service Department. If we issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the ticket’s face value paid (or, for a discounted ticket, then instead the discounted ticket price paid) and all service fees. For exact instructions on any canceled or rescheduled events, please check the event information online or contact us.
11. CURRENCY: All prices displayed on our website or required to be paid are stated and payable in US Dollars.
12. PRICING AND OTHER ERRORS: If the amount you paid for a ticket is incorrect for any reason, regardless of that reason, or if you are able to purchase tickets before the scheduled sale of tickets starts, we have the right to cancel your order and refund you the amount you paid for the tickets.
13. PAYMENT METHODS: We accept payment on our website through Credit or Debit Card. You will be responsible for all taxes associated with the services. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers in order to utilize such Services. We have no responsibility for or control over the information collected by third-party service providers and we cannot be responsible for the protection and privacy of any information which you may provide to such third-party service providers.
14. PROCESSING FEES: All purchases made through our website are subject to the payment processing fee(s).
15. CHARGE-BACKS: You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to your purchased services. Without limiting the generality of the foregoing, you will not contact us to seek a refund or will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase our services from the website.
16. DISCOUNTS, OFFERS & PROMOTIONS: Any agreed discounts or special offers are offered by Company, and Company reserves the right to amend terms and conditions for special offers at any time and without prior notice. Any such discounts or special offers may be withdrawn by Company at its absolute discretion and decision.
17. ELECTRONIC COMMUNICATIONS: When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.
18. LICENSE: Our website, application, software, and other tools are protected by copyright, trade secret, and other intellectual property laws. Your use of our website is based on the license of Company’s Intellectual property to the user. Company grants the user a limited, non-transferable license to use Company’s website, tools, and related services in accordance with this T&C. Company reserves all rights in the Intellectual Property not expressly granted to the user. Company provides the services solely on an “AS IS” basis and disclaims all warranties and liability for your use of the website, tools, and related services. Company reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Site (or any part thereof), including but not limited to the website, features, look, feel, and functional elements and related services.
19. INTELLECTUAL PROPERTY: For purposes of this Agreement, “Intellectual Property” shall mean (a) methodology for the provision of Company Services; and (b) ideas, website, applications, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products, and materials. Company hereby retains all worldwide rights, titles, and interests in and to the Intellectual Property. Any rights not expressly granted herein to the Intellectual Property shall be retained by Company. You acknowledge that all right, title, and interest to the Intellectual Property is owned by Company.
20. USER’S CONTENT/DATA/REVIEW: Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Website (“Users’ Content”). Each User represents and warrants that he/she owns all intellectual property rights in the User’s Content and that no part of the User’s Content infringes any third-party rights. Users agree to indemnify and hold harmless the Company, its owners, directors, employees, and affiliates and assign against all costs, damages, loss, and harm including litigation costs and counsel fees, in respect of any third-party claims that may be initiated including for infringement of intellectual property rights on the Website, by such User or through the User’s commissions or omissions.

You acknowledge and agree not to use, nor permit any third party to use, the website to distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

• • The illegal and fraudulent transactions,
  • threatening, harassing, inappropriate, or objectionable information communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal, or foreign law;
  • Trojan horse, worm, or other disruptive or harmful software or data; and
  • Any other information or Content which is not legally yours and without permission from the intellectual property rights owners.

21. FEEDBACK: We use the feedback you provide. You acknowledge and agree that we may use feedback submitted by you or any suggestions, or ideas in any way, including in advertising or marketing materials. You grant us a perpetual, worldwide, transferable, sub-licensable, fully paid-up, royalty-free license to use the feedback.
22. SUPPORT: You will receive customer support via email or phone based on your specific issues.
23. LINKS TO OTHER THIRD PARTY WEBSITES: Certain links on the Website will let you leave the Web site. These linked sites may be operated by the Company while some are not under the control of the Company, and Company is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by Company of any such linked site or the products/services therein. If you decide to access any third-party sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party sites.
24. PROHIBITED ACTIVITIES: Other than as permitted herein, you shall not (and you shall not permit others), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the website, software, or other related services, or otherwise to attempt to discern the functioning or operation of the website, software or services. You shall not (and you shall not permit others to): (i) use any robot, crawls, spider, scraper, or other automated means to access the website or services for any purpose without our express written permission; (ii) violate the security of any computer network, or cracks any passwords or security encryption codes; (iii) run mail-list, listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Service’s infrastructure); (iv) interfere or attempt to interfere with the proper working of our website or any activities conducted on the website, (v) remove any trademark, copyright or other proprietary notices from any portion of the Services; or (vi) bypass any measures Company may use to prevent or restrict access to the website, software or the Services.
25. DISCLAIMERS: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.

COMPANY AND ITS PARTNERS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CAN NOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.

26. ARBITRATION AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE T&C, BY USING THE WEBSITE, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS WEBSITE.
27. LIMITATION OF LIABILITY: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY PRODUCT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH COMPANY IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.

IN CERTAIN JURISDICTIONS, SOME LIABILITIES CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS IN ITS ESSENTIAL PURPOSE.

28. INDEMNIFICATION: You agree to defend, indemnify and hold the Company and its affiliates, service providers, partners, and their respective officers, directors, employees, and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this website, or your negligence or willful misconduct.
29. JURISDICTION AND APPLICABLE LAW: The use of the website or other related services and any agreements entered into through the website are to be governed by and construed in accordance with the laws of the State of Florida without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in Holmes County, FL for any action or proceeding arising out of or relating to these Terms and Conditions.
30. ENTIRE AGREEMENT: These terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third-Party Providers) constitute the entire agreement and understanding between you and the Company. No action of Company, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of Company is authorized to waive it orally.
31. WAIVER AND SEVERABILITY: If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
32. CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS]
    Holley Development Corporation
    406 S Waukesha St Bonifay, FL 32425
    Support Email: jason@americaspowercouple.com