These Terms and Conditions were last modified May 2024

PLEASE READ THE FOLLOWING TERMS OF USE (“Terms”) CAREFULLY AS IT IS A BINDING AGREEMENT BETWEEN YOU AND GREATER WHEELING SPORTS AUTHORITY d.b.a WESBANCO ARENA and CAPITOL THEATRE AND IT’S AFFILIATES

These Terms govern your use of Greater Wheeling Sports and Entertainment Authority dba WesBanco Arena and Capitol Theatre, hereinafter referred to as GWSEA, websites, platforms, portals and services (collectively “Sites”). By accessing, using or logging into the Sites, you agree to be bound by the Terms below. If you do not agree to the following Terms, do not access the Sites.

GWSEA may revise these Terms at any time without prior notice. By accessing the Sites, you agree to be bound by any such revisions. Your use of the Sites is governed by the version of the Terms in effect on the date each Site is accessed by you.

The GWSEA Privacy Policy is incorporated herein by reference.

  1. Prohibited Uses

You shall not use the Sites, or any Site information, in a way that violates laws, infringes on anyone’s rights, or interferes with the Sites or any features of the Sites.  Additionally, you shall not use GWSEA Sites in any manner that could damage or overburden any GWSEA server, or any network connected to any GWSEA server.

  1. Copyrights and Other Intellectual Property Rights

The GWSEA Sites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the GWSEA Sites, including any information, name, text, graphic, image, video, audio, software code, user interface design, icons, products, programs, documents, materials or logos (collectively “Information”).

You are NOT being granted a license under any copyright, trademark, patent or other intellectual property right in the Information, and the Information may not otherwise be reproduced, displayed, downloaded, licensed, modified, re-posted, retransmitted, disseminated, sold, distributed, published, broadcast, circulated, used to create a derivative work or otherwise used for commercial purposes without the express written consent of GWSEA.

  1. Trademark Notices

All trademarks, logos, and service marks (collectively “Trademarks”) displayed on the Sites belong to GWSEA, its subsidiaries or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners. 

Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of GWSEA or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Sites, or any other content on the Sites, is strictly prohibited. You are also advised that GWSEA will enforce its intellectual property rights to the fullest extent of the law, including the potential criminal prosecution.

  1. Third-party content 

The GWSEA Sites include general news and information, observations, reports and data on upcoming and past events. Some of this content is supplied by companies and Third Parties, that are not affiliated with any GWSEA Entity.

GWSEA does not directly or indirectly endorse or approve such affiliates and Third Parties. Third Party Content, and information provided on this website, is provided for informational purposes only. GWSEA cannot guarantee the authenticity information provided by affiliates and Third Parties.

  1. Terms and Conditions for Documents

GWSEA grants the use of Documents (such as white papers, datasheets and FAQs) from this server (“Server”), provided that (1) the copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

GWSEA grants the use of Press Releases from this server (“Server”), provided that (1) they are used for media broadcast in full or part.

Documents specified above do not include the design or layout of the GWSEA Sites or any other GWSEA owned, operated, licensed or controlled sites or Information. Elements of GWSEA Sites are protected by trademark and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image may be copied or retransmitted unless expressly permitted by GWEA.

  1. DISCLAIMER OF WARRANTIES

GWSEA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMAITON CONTAINED IN THE DOCUMENTS OR RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. GWSEA MAKES NO EXPRESS OR IMPLIED WARRANTIES ABOUT THE GWSEA SITES, DOCUMENTS OR THIRD PARTY CONTENT INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. THE GWSEA SITES, DOCUMENTS AND THIRD PARTY CONTENT ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND GWSEA DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

GWSEA DOES NOT WARRANT THAT THE GWSEA SITES, DOCUMENTS OR THIRD PARTY CONTENT WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. GWSEA ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE GWSEA SITES OR DOCUMENTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, DOCUMENT OR OTHER MATERIAL BY YOU THROUGH THE GWSEA SITES WILL MEET YOUR EXPECTATIONS.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GWSEA AND  AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS, EXPENSES, LEGAL FEES, OR LOSSES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST INCOME, LOST DATA, OPPORTUNITY COSTS OR DAMAGE THAT RESULT FROM USE, LOSS OF USE, OR PERFORMANCE OF THE GWSEA SITES, DOCUMENTS AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF GWSEA AND AFFILATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

GWSEA SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH GWSEA DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

  1. Indemnification

As a condition of your use of the GWSEA Sites, you agree to indemnify, defend and hold GWSEA its subsidiaries, affiliates, officers, directors, agents, employees and its Third Party Content providers harmless from and against any and all claims, losses, liabilities, damages, costs and expenses (including but not limited to reasonable attorneys' fees) arising from your use of the GWSEA Sites, or from your violation of these Terms.

  1. Modification

GWSEA reserves the right, in its sole discretion, to modify, add, or remove portions and/or functionality of the Sites on a temporary or permanent basis, without prior notice to you, without liability to you or any third party.

Additionally, GWSEA may modify or update these Terms at any time without notice to you. Your use of the Sites after modifications to the Terms constitutes your binding acceptance of such changes.  

  1. Termination

GWSEA may terminate your access to the GWSEA Sites for any reason, without prior notice.

  1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of West Virginia without regard to conflicts of law, and shall inure to the benefit of GWSEA successors and assigns, whether by merger, consolidation, or otherwise.

  1. Site Limitations 

The GWSEA Sites are provided for informational purposes only regarding upcoming events and to facilitate sales for those events.

  1. Severability

If any part of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall be interpreted so as to reasonably effectuate the intention of the parties and shall not affect the validity and enforceability of any remaining provisions.