Event tickets are selected, arranged, and sold by Pavé Life and offered to Smithsonian.com visitors through an arrangement with the Smithsonian. The Smithsonian and Smithsonian Enterprises is not responsible for the operation of this site or the selection of offerings on this site.
The Smithsonian logo, sunburst and the name of the Smithsonian Institution are registered trademarks and Pavé Life is operating Smithsonian Cultural Events as an authorized user. All content and software on the Site is the property of the Smithsonian Institution, Pavé Life, affiliated companies, partners, or content suppliers.
PLEASE CAREFULLY READ THESE TERMS OF SERVICE (“Terms & Conditions ”) BEFORE USING THIS WEBSITE, THE SERVICE, OR ANY OTHER CONTENT ACCESSIBLE ON OR THROUGH THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Section 1. The Service
1.1. Pavé Life (the “Site”) is owned and operated by Pavé Life, Inc. (“Pavé Life” or “we”, “our” or “us”). We offer a service (the “Service”) which connects buyers of services and goods (”Buyers”) with sellers of services and goods (“Merchants”, and arts and culture “Organizations”). Merchants and organizations provide certain promotional offers (each an “Offer”) to buy a service or good within a certain time period. Offers are made available through the Site. The Merchant or Organization is bound to fulfill the Offer. Upon confirmation of payment, Pavé Life, on behalf of the Merchant or Organization, issues the Buyer a voucher (“Voucher”) redeemable for the applicable service or good.
1.2. Whether you are a Merchant, Organization, or a Buyer, these Terms apply to you. Therefore, Merchants, Organizations, and Buyers are referred to as “You” or “User” hereafter. Where the Terms are only applicable to one subset of Users or the other, we have so indicated.
1.3. You may not use or access the Site or the Service if you do not agree to these Terms.
1.4. Because we are constantly innovating in order to provide better experiences for our users, we reserve the right to modify or discontinue any feature or aspect of the Site or the Service at any time. We must also, therefore, reserve the right to change the Terms governing any User’ s use of the Site and Service at any time. Any change in the Terms will be effective upon posting the changes to this Terms page. Any use by you subsequent to these changes will constitute your acceptance of such changes. Therefore, we suggest that you check back frequently to make sure you are always familiar with the current version.
Section 2. Terms Applicable Only to Buyers
2.1. Offers often come with limitations. Buyers need to read the applicable terms of the relevant Offer. For example, Offers frequently are not available for use or redemption by individuals located outside the United States. Similarly, Offers for goods or services purchased at discount prices are often also subject to time limits or other restrictions which may require the Buyer to complete the transaction within a certain timeframe or in a certain manner in order to receive the benefit of the Offer. Merchants and Organizations will use reasonable efforts to make any limitations known to you when the Offer is posted. You will not be able to redeem any Voucher in violation of the restrictions governing the Offer, and funds paid for such a Voucher will be non-refundable.
2.2. Unless expressly stated otherwise in the Offer, (i) there is a limit of one Voucher per person per Offer and (ii) Vouchers are not redeemable in partial amounts. To the extent allowed by law, Vouchers may be gifted or sold. However, Users purchasing multiple Vouchers for the purpose of reselling may have their accounts frozen and may be banned from participating in future Offers. Each Voucher authentication number is only usable once. You are responsible for keeping your Voucher number secure. Neither the Merchant, Organization, nor Pavé Life will be liable if your Voucher is lost or stolen.
2.3. Certain state or federal laws may limit the ability of a Merchant or Organization to set expiration dates or charge fees against a Voucher. To the extent that you are purchasing a Voucher in a jurisdiction which so limits the rights of the Merchant or Organization, the Voucher will be limited to the maximum extent permitted by applicable law, but no more. The value of each Voucher is the cash amount the Buyer actually paid for it. It is NOT the promotional value stated on the face of the Voucher (for example, but not by way of limitation, if the Buyer paid $50 for a Voucher which gives $100 value at the Merchant, the cash value that the Buyer paid is $50, not $100). While the expiration date on the Voucher dictates the last date that the Buyer can use the Voucher at the Merchant or Organization for the promotional value stated on the face of the Voucher, certain laws may provide that the Merchant or Organization is responsible for honoring the cash value paid by the Buyer beyond the expiration date stated on the Voucher. If applicable, these laws pertain to the Merchant or Organization, and it is the sole responsibility of the Merchant or Organizations (and not the responsibility of Pavé Life) to meet the obligations imposed by law upon the Merchant or Organization. Pavé Life is not responsible if the Merchant or Organization is unwilling or unable to honor the voucher for the price it was paid for. Amounts paid are non-refundable except to the extent which may be required by applicable law.
2.4. Pavé Life is an intermediary and agent of the Merchant or Organization, and merely sells promotional Vouchers on behalf of the Merchant or Organization. All sales are covered under our Smart Purchase Guarantee. We guarantee you will have an exceptional experience. If you are dissatisfied in any way, please contact us through our customer support portal and we will refund you in full.
2.5 Pavé Life will determine Buyer’ s compliance with these Terms in its sole discretion. Pavé Life reserves the right to restrict, suspend, deny or terminate access to all or part of the Site or Service by any Buyer and to deny access to any Buyer in its sole discretion, without notice or liability of any kind.
2.6. Unless expressly specified in the Offer, your purchase of a Voucher does not include sales tax which may be due on the services or goods you receive thereunder. Your Voucher also does not include any applicable gratuities — please remember that, and tip accordingly. Additionally, certain offers may require additional fees particular to the Merchant or Organization that are not included in the Voucher price. Such additional fee requirements will be detailed in the “Fine Print” section of the Offer.
2.7. Use of Vouchers for alcoholic beverages is at the sole discretion of the Merchant or Organization and is subject to compliance with applicable law. All purchases of Vouchers for Merchants or Organizations who sell or serve alcoholic beverages may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages.
2.8. Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant or Organization.
2.9. Vouchers may be applied only to merchandise or services sold by the Merchant or Organization, and may not be applied to shipping or handling charges, unless otherwise stated.
Section 3. User Information and Account Security
3.1. In order to use the Site or to access the Service, you may be required to provide personal information (such as identification or contact information) as part of the registration process, or as part of your continued use of the Site and the Service. You agree that any registration information you give to Pavé Life will be accurate, correct and up to date. Providing false information constitutes grounds for immediate from further use of the Service or Site.
3.2. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account. You agree that you will be solely responsible for all activities that occur by any user logged in and using your account credentials. If you become aware of any unauthorized use of your password or of your account, you agree to notify Pavé Life immediately at firstname.lastname@example.org.
3.3. Pavé Life will generally communicate with its Users by electronic means, such as Email. As a User, you give consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3.4. Pavé Life will not share the Email address of those who purchase on Pavé Life with the arts and culture venues and organizations at which customers have purchased tickets.
Section 4. Acceptable Use and Third Party Links
4.1. User shall not use this Site or the Service for any unlawful purpose. Strictly prohibited actions include, but are not limited to, transmitting material: (i) that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable, (ii) that violates, misappropriates or infringes upon the rights of others in any way, (iii) that encourages others to commit unlawful acts, (iv) that contains advertising, publicity, or solicitation for a product or services that did not receive prior written approval from Pavé Life, or (v) that inhibits other Users in any way from using or enjoying the Site.
Section 5. Intellectual Property
5.1. All content and software on the Site is the property of Pavé Life, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you receive specific permission to do so in a separate written agreement from Pavé Life or the owners of the content. Unauthorized use of any content displayed by Pavé Life is a violation of United States and international copyright laws. Unauthorized users of content displayed by Pavé Life may be subject to further legal action and may be prohibited from further using the Site and/or Service.
5.2. User acknowledges and agrees that “Pavé Life” is the sole owner of the Brand marks “Pavé Life”, and that its ownership extends to all rights generally affiliated with ownership, including but not limited to any and all copyright and trademark rights, all rights of possession and all rights of use of the Brand.
Section 6. Limited Warranty.
6.1 THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICE, ALL CONTENT, AND THE OFFERS AND VOUCHERS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Pavé Life AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) WITH RESPECT TO: (A) THE SITE; (B) THE SERVICE; (C) THE OFFERS OR VOUCHERS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE; (D) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY PARTY; (E) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL, OR DATA TRANSMITTED BY USERS TO THE SITE; OR (F) THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. Pavé Life DOES NOT WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6.2. Pavé Life DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE SITE OR THE SERVICE AREIS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, Pavé Life SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. BY USING THE SITE OR THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE SERVICES, OR THE OFFERS AND VOUCHERS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE. FURTHER, Pavé Life AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESSED OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AS WELL AS IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE.
6.3. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE, THE DISCLAIMER WILL NOT APPLY TO THE EXTENT LIMITED BY THE APPLICABLE LAW OF SUCH JURISDICTION.
Section 7. Limitation of Liability
7.1. WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF SERVICE, Pavé Life FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE AS SET FORTH BELOW:
7.1.1. UNDER NO CIRCUMSTANCES SHALL Pavé Life, ITS SUBSIDIARIES OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE ”Pavé Life ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY INDIRECT LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE SITE OR THE SERVICE OR ANY OFFER; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF ANY THIRD PARTY PRODUCTS OR SERVICES; (3) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY; (4) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE OR SERVICE, EVEN IF FORESEEABLE OR EVEN IF ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY. IN ADDITION, Pavé Life’ s LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CLAIM RELATED TO ANY OF THE FOREGOING SHALL BE CAPPED AT THE AMOUNT WHICH YOU HAVE ACTUALLY PAID TO Pavé Life IN CONJUNCTION WITH THE OFFER UNDER WHICH SUCH CLAIM FIRST AROSE. NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES Pavé Life’ s LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY TO THE EXTENT IT CANNOT BE LIMITED OR EXCLUDED BY LAW.
7.1.2. THE Pavé Life ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’ S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL MALFUNCTION OR OTHER MALFUNCTION.
7.1.3. YOUR ACCESS TO AND USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND THE SERVICES.
7.1.4. YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Pavé Life’ s ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR THE SERVICE.
Section 8. Indemnification
8.1. Merchant or Organization agrees to indemnify, defend, and hold harmless Pavé Life and each of its officers, directors, owners, employees, and agents from and against all third party actions, suits, losses, liabilities, claims, expenses, damages, and costs of every kind and description including reasonable legal fees (collectively, ”Losses”) arising out of (i) a material breach of any of its representations, warranties or covenants set forth in these Terms; (ii) any claim resulting from injury or death as a result of services or goods offered by the Merchant or Organization, or (iii) any claim resulting from the Merchant’ s or Organization’s breach of applicable law, negligence or willful misconduct. This obligation survives the termination or expiration of all Offers.
8.2. You hereby release Pavé Life, its subsidiaries, affiliates, sponsors and advertisers, and their respective owners, officers, managers, members, agents and employees from any liability in connection with, and shall indemnify, defend and hold all of them harmless with respect to, any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with your violation of these Terms or any law, rule or regulation. You will cooperate as fully and reasonably as required by Pavé Life in the defense of any claim.
Section 9. Governing Law, Arbitration
9.1 These Terms of Service, the interpretation of these Terms, and any claim, dispute, or controversy arising out of, relating to, or connected in any way with these Terms, the Site or any Service, shall be governed by and construed in accordance with the laws of the state of Connecticut, without regard to the principles of conflict of laws.
9.2 By using this Site, you agree that (1) any claim, dispute, or controversy you may have against Pavé Life arising out of, relating to, or connected in any with these Terms, the Site, any Service, any offer or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Pavé Life; (3) the arbitrator shall apply Connecticut law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Pavé Life will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (5) ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT TO YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND (6) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. With the exception of subparts (5) and (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (5) or (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Pavé Life shall be entitled to arbitrate their dispute. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The parties agree that the arbitrators shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to any party in such arbitration. For more information on AAA and its Rules and Procedures, you may visit the AAA website.
Section 10. Miscellaneous
10.1. These Terms of Service and the interpretation of these Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to the principles of conflict of laws. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the State of Connecticut. Except for a misuse or infringement of Pavé Life’ s intellectual property, any and all disputes, controversies and claims arising out of or relating to these Terms, the Vouchers, any Offer, the services related thereto, or concerning the respective rights or obligations of the parties hereto shall be settled and determined by arbitration before a panel of one (1) arbitrator pursuant to the Commercial Rules then in effect of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The parties agree that the arbitrators shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to any party in such arbitration. This Agreement shall be construed and enforced in accordance with the laws of the state of Connecticut, but without giving effect to its laws or rules relating to conflicts of laws.
10.2. Any other rules, restrictions, guidelines and terms and conditions 10.2. Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Site or Service are incorporated by this reference into these Terms for all purposes that may be posted or made available in connection with a particular feature on the Site or Service are incorporated by this reference into these Terms for all purposes.
10.3. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Site and Service.
10.5. Except as otherwise explicitly provided for in Section 10.2 hereof, if any provision of these Terms shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such provision shall be deemed severable, and such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms.
10.6. If any provision of these Terms shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such provision shall be deemed severable, and such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms.
10.7. No waiver on the part of Pavé Life of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Pavé Life.
10.8. Nothing in these Terms are intended to confer on any third party (whether referred to in the Terms by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms. This means that Buyer’ s may not sue Merchants directly for breach of these Terms and vice versa.
10.9. Shop Your Way Members earn Points on Qualifying Purchases, excluding sales taxes and other fees. Subject to full program terms available at www.shopyourway.com.
Section 11. Notice And Procedure For Making Claims Of Copyright Or Intellectual Property Infringement
11.1. Pavé Life respects the intellectual property of others, and we ask our Users to do the same. Pavé Life may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Pavé Life’ s copyright agent the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and Email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
• Pavé Life’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: email: email@example.com