Miami HEAT Priority Access Club (“Club”)

Terms and Conditions

The following Terms and Conditions govern your membership in the Club:

1. Eligibility – The Miami HEAT (“we”, “us”, “our”, “HEAT”) in our sole and absolute discretion, have the right to refuse membership to the Club. You must be a legal resident of Florida and at least 18 years of age to become a member (“Member”).  By becoming a Member, you represent and warrant that you are at least 18 years of age and that you agree to these Terms and Conditions, including our privacy policy. HEAT will accept only one membership per household.  If we determine that a single person has joined (or attempted to join) more than once, or if we receive multiple membership applications from a single and/or cluster of e-mail and/or Internet addresses verified to a single user, or if we receive multiple membership applications from a single address or associated with a single telephone number, we reserve the right to cancel all applicable memberships and revoke all tickets provided by the Club. No refunds will be provided for canceled memberships. Only a limited number of memberships will be sold, in the HEAT's sole discretion, and the HEAT makes no warranty, express or implied, that memberships will continue to be sold beyond any given date, nor that the Club shall continue to operate beyond February 2014.   The benefits associated with Club membership are revocable and the HEAT reserves the right to refund the membership fee and cancel a membership at any time at its sole discretion.

2. Representations and Warranties - You hereby represent and warrant to us that: (i) you have the full power and authority to enter into and perform under these Terms and Conditions, and (ii) you will comply with all applicable laws and regulations in engaging in all activities arising from, relating to or connected with these Terms and Conditions.

3. Membership - The FAQ’s and the HEAT Priority Access Club Benefits sheet are incorporated into this document by reference (hereinafter collectively referred to as “TERMS”).  In joining the Club, you represent that you have read, understand, and agree to the provisions of membership located in these TERMS.  If you have any questions regarding these TERMS, please contact seasons@heat.com.  Membership in the Club does not confer any right or rights upon any Member beyond those listed  in the TERMS. NBATickets.com Resale Marketplace account balances may not be used to purchase memberships and/or tickets through the Club.

4. Payment - In joining the Club, you agree to pay the fees and other charges as set forth in the TERMS; as well as fees and charges accruing when you buy tickets through the Club. We reserve the right to change and modify all fees in our sole discretion.  You shall pay all federal, state, and local sales, use, value added, excise, duty, and any other taxes assessed with respect to your membership, as applicable.

Additionally, if you choose to join the HEAT Priority Access Club and subsequently have the opportunity to purchase Season Tickets on or before May 3, 2013, you will have the option to relinquish your club membership and apply the membership fee to the purchase of your Season Tickets. PLEASE NOTE: The option to relinquish HEAT Priority Access Club membership and apply the membership fee to the purchase of Season Tickets is a "one-time only" opportunity and shall only be valid on or before May 3, 2013. No make goods, rain checks or deferment, of any kind, shall be given or honored.

5. Cancellation For Violation of TERMS - Once you have been charged, your membership is non-refundable. We reserve the right to terminate any membership at any time, in our sole discretion, with or without notice to you, if you violate any of these TERMS. Any such cancellation by us shall not relieve you of any obligations to pay fees accrued prior to such cancellation. In the event of such cancellation, we shall have no liability to you or any third party. In the event of a termination for violation of the TERMS, we will not be obligated to refund any part of your membership or any other fees you have paid to the Club.

6. Club Termination/Renewal - While we intend to continue the Club for the foreseeable future, the HEAT reserves the right to cancel the Club at any time, including, without limitation, failing to offer renewals or new memberships beyond February 2014. Nothing in the TERMS shall be interpreted to offer or promise the availability of renewals or memberships in the future unless explicitly stated otherwise. In the event the Club is cancelled, no future benefits, including, but not limited to, season ticket waiting list priority numbers, shall be retained by Members of the Club following termination, except as determined by the HEAT in its sole discretion.

7. Disclaimer - While the HEAT shall make reasonable efforts to ensure that HEAT-controlled technology assets are in working order during all ticket sales and waiting list periods, we shall not be responsible for any Internet delays; third-party (including HEAT vendors') hardware or software errors, delays, or problems; incompatibility with Members' home computers, software, and/or other systems; and/or any other technological problem that in any way affects a Member's ability to purchase tickets or exercise season ticket waiting list rights as part of the Club.

8. Links and Third-Party Services - Any third-party links, services, resources or information provided on or made available through the Club are not controlled by us. Accordingly, we make no warranties regarding such third-party links, services, resources, or information, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement and will not be liable for your use of or reliance on such third-party services, resources, or information. We do not make any representations or warranties as to the security of any information, content, or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party.

9. Force Majeure - We will not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, an Act of God, national emergency, war, labor dispute, breakdown of origination or transmission facilities, interruption or preemption due to an event of overriding public interest or importance, legal enactment, or government order or regulation.

10. Ticket Rules - The use of all tickets acquired via the Club is subject at all times to the rules and regulations established from time to time by the HEAT (including NBA rules) and the AmericanAirlines Arena (collectively, the "Ticket Rules").

11. Amendment - We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these TERMS at any time without notice, and it is your responsibility to review these TERMS for any changes. Your use of any provisions of membership in Club following any amendment of these TERMS will signify and constitute your assent to and acceptance of such revised TERMS.

12. Invalidity of Specific Terms - If any provision of these TERMS or of any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect. In the event any clause or term of any document incorporated herein by reference contradicts any of the Terms and Conditions, these Terms and Conditions shall control.  In the event any other statement made by the HEAT or term relating to any other HEAT-related promotion contradicts any clause or term of the TERMS, the TERMS shall control unless explicitly stated otherwise in writing.