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Policies; terms and conditions of use

The following Policies and Terms of Use ("Terms" or "Agreement") are designed to ensure your understanding of the use of this website ("Site") and your purchase of any ticket listed on this Site. By visiting this Site or purchasing tickets listed on this Site, you expressly agree to abide by and be bound to the following Terms as well as all applicable laws, ordinances and regulations. You warrant that you are legally able to enter into this binding contract. Further, if you are under 18, you represent that you are purchasing tickets under the supervision of a parent or guardian. The Terms include the following provisions:

  • Orders placed on this Site are considered requests until you receive confirmation of the availability of the tickets.
  • All sales are final; there are no cancellations, returns, or exchanges.
  • If an event is cancelled, you will be given a full refund. If an event is postponed or rescheduled, your order will not qualify for a refund and your tickets will be valid for the rescheduled date.
  • Ticket prices may be above or below the "face value" listed on the ticket.
  • Confirmed orders may be filled with comparable or upgraded tickets.
  • When you purchase a ticket, you receive a 100% Buyer Guarantee, as detailed below.

Processing Services:

A third party service provider (“Provider“) licenses a platform to the Site owner and performs services related to your purchase. Such services include, but are not limited to: (i) processing orders, (ii) verifying order details and validity of payment information, (iii) charging your credit or debit card, and (iv) coordinating the delivery of purchased tickets. Provider’s sole relationship with the Site owner is that of independent contractor. Provider does not design or market the Site. Provider and the Site are referred to together as "We" within these Terms.

Order Processing and Confirmation:

Upon finding desirable tickets you wish to purchase, you may fill out and submit the information requested by the Site to place an order. An order is an offer to purchase the tickets. Once the order is submitted it cannot be cancelled or retracted. You will receive an email promptly after you place your order and a hold will be placed on your credit or debit card for the funds necessary to purchase the corresponding tickets. Neither of these actions complete the sale. Rather, a completed sale is dependent on the seller's acceptance of the order. Should the seller accept your order, a confirmation notice will be sent to you and the payment method used in placing the order will be charged. Only once this occurs has a sale been completed. Please note that the price you pay may be higher than the face value of the tickets. Many resellers list their tickets on the Site and we are not responsible for typographical errors within the inventory listed for sale. If an error is found when processing your order, you will be notified of the error and provided with available options, including cancelling your order.

Ticket Listings:

Due to the large volume of reseller-listed tickets, locations, descriptions and pricing of similar or equal tickets may vary. It is the purchaser's responsibility to verify any inconsistencies or discrepancies in the ticket location, description and/or price by calling Provider at 855-474-1217 before placing the order.

Ticket Purchase Policy:

Tickets may be replaced with comparable or upgraded tickets and, should this occur, we shall be considered to have fulfilled our obligations under these terms. Provider will use reasonable discretion when selecting "comparable" or "upgraded" tickets. Should we fail to deliver any confirmed ticket purchase, our liability shall be limited, unless otherwise required by law, to the return of any payment made by you in relation to the undelivered ticket. We reserve the right to cancel and refund your order at any time for any reason.

Delivery of Tickets:

Tickets will be delivered by the method and timeframe designated in the ticket listing. For listings with no designated delivery method, tickets will typically ship via our preferred carrier, UPS. Tickets may not ship out immediately. In all cases, Provider reserves the right to deliver tickets for any order as late as one (1) hour prior to the event. Valid delivery services on the day of the event may include, in Provider’s sole discretion: (i) Will Call at the venue box office, (ii) email (when applicable), (iii) courier, or (iv) pick up at a location outside the venue designated by Provider. Photo ID may be required to accept delivery. Delivery designations, such as "e-Tickets" or "Instant Download", do not constitute guarantees of delivery any sooner than the day of the event. Such tickets will typically be delivered as designated within the listing. However, in some cases, delivery may first require additional verification or be subject to delays on behalf of the seller. If you do not receive tickets within 48 hours of the event, it is your responsibility to contact us. Failure to do so may disqualify you from receiving a refund for any undelivered ticket claim, unless failure to receive notice is waived by us in our sole discretion.

100% Buyer Guarantee

Under our 100% Buyer Guarantee, we guarantee your transaction will be secure, the tickets will be delivered prior to the event, the tickets will be identical, comparable, or better than the tickets you ordered, and the tickets will be valid and authentic. Your only recourse under the 100% Buyer Guarantee is the return of any payment made in relation to the tickets.

Refund Policy:

All sales are final, however a full refund of the purchase price will be given for cancelled events. Provider, in its sole discretion, will determine when an event is cancelled and postponed or rescheduled events will not be refunded.

To qualify for a refund, you must return your tickets within ten (10) business days after you receive notice offering you a refund. Refunds are only offered for original tickets, unless otherwise determined by Provider in its sole discretion.

Event Changes:

The date, time, venue and subject matter of any particular event is subject to change and Provider is not always notified of such changes. It is your responsibility to monitor and confirm any changes to the event with the entity putting on the event. Occasionally, a venue, promoter, or the entity putting on an event will require a specific ticket holder to relocate or otherwise change the seating configuration in a manner beyond our control. Provider is not responsible for any such change and will not be obligated to provide a refund or any other compensation should such a change occur.

Denial of Admission:

If you have difficulty getting into an event using the ticket you purchased from us, you are required to contact Provider at 855-474-1217 immediately for assistance. If we are unable to resolve the issue, it is your responsibility to obtain proof of denied entry from the venue. Upon receipt of valid proof that the tickets failed to provide you entry, or if we otherwise determine in our sole discretion that the ticket was invalid, your sole remedy will be to receive a full refund of the cost of the ticket including all fees and delivery charges.

Lost, Stolen, or Damaged Tickets

Provider is not responsible for lost, stolen, damaged or destroyed tickets. We are under no obligation, and, in many instances, are unable, to replace the tickets. Please keep your tickets in a safe place and note that direct sunlight or excessive heat can damage certain types of tickets.

Payment Options:

Visa, MasterCard, Discover, American Express and PayPal are valid payment methods for purchasing tickets through the Site. As a buyer, you grant Provider permission to charge your credit or debit card for the purchase of tickets.

Disclaimer:

Neither the Site nor Provider is the official box office, or is in any way affiliated with any venue, promoter, team, league, or organizing group. Neither the Site nor Provider is associated with any official event organizer for which tickets are listed. Rather, the Site is an independent marketplace for the sale of event tickets on the secondary market and Provider is the platform and service provider related to secondary marketplace sales.

Ticket Holder Behavior Policy:

You shall abide by all rules and policies of the venue, promoter and anyone else responsible for putting on the event. Failure to do so will subject you to all applicable fines and legal or other expenses associated therewith. Further, should any violation result in the loss of the ticket seller's season ticket rights, the right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you are liable for all reasonable costs, expenses and losses associated with said loss. These include, without limitation, all direct, indirect, vicarious, consequential, exemplary, incidental, special, or punitive damages, including lost profits.

Unlawful Activity:

Provider prohibits the use of the Site for any unlawful conduct. All users must comply with all local, state, federal and international laws, ordinances and regulations. By using this Site, you agree not to falsify personal information or use any invalid or unauthorized credit or debit card. Further, you agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose.

Investigations and Consequences:

Provider will investigate any purchaser who is the subject of a complaint or whom we believe may have violated these Terms or applicable law. You agree to cooperate fully in such investigation including, but not limited to, providing any and all information demanded by Provider. If Provider finds, in its sole discretion, a user: (a) is uncooperative with any investigation; (b) has engaged in any illegal, unlawful or fraudulent conduct or otherwise violated these Terms or applicable law or has acted in concert with anyone so engaged; or (c) has provided information that Provider is unable to authenticate or verify, Provider may take any action it deems appropriate, such as, canceling orders, issuing a warning, blocking your access to the Site, preventing you from finalizing pending transactions, or exercising any other available remedy (including civil, criminal or injunctive redress). You agree that monetary damages may be an insufficient remedy to us for violations of these Terms and may be difficult to ascertain or calculate. You further consent to injunctive or other equitable relief for such violations.

We reserve the right to report to appropriate law enforcement authorities or other relevant third parties any activity that either Provider or the Site believes, in its sole discretion, may in any way violate any local, state, federal or international law.

Ownership:                                          

The Site and Provider platform, including all the Site’s software, databases, trademarks, logos, service marks, proprietary information (and any intellectual property and other rights relating thereto) ("Property") is owned or licensed by the Site and/or Provider and remains the property of the same. You understand and agree that your use of the Site does not entitle you to any ownership interest or licensing rights. You may not use our Property in connection with any product or service that is not offered by the Site or Provider, in a manner that is likely to cause confusion with respect to Provider’s or the Site's business, or in any disparaging manner. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Property without the express written permission of the Site or Provider. Violating applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

Third Party Intellectual Property:

We respect others’ intellectual property and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location where the potentially infringing material is on the Site; (d) your address, telephone number, and email address; (e) a statement of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached at: broadwaytickets.org Attn: Attn: Legal Department: Copyright Complaints, 5717 Round Meadow Road, Hidden Hills, CA 91302.

Changes in Terms and Conditions:

We may, in our sole discretion, change these Terms at any time. Should we change any term or condition, said modification, revision, and additional information shall be posted here. Any such modification, revision, or additional information automatically replaces past terms and conditions and becomes binding on all users of this Site. Following our posting of revised terms and conditions, any continued use of the Site constitutes your acceptance of the revised agreement.

Privacy:

Your access to this Site and all communications between you and us are subject to the privacy policy below. While most of our services require you to provide personal information, you can browse this Site without revealing any such information. As further described in the Privacy Policy, by choosing to provide personal information, you expressly consent to the collection, use, disclosure, and retention of any shared information. The Privacy Policy covers the treatment of personal or personally identifiable information by Provider that may be collected when you are on the Site and when you use the Site's services. Except as otherwise expressly provided herein or in the Privacy Policy, Provider does not control third parties’ privacy policies and you are subject to the privacy policies of those third parties where applicable.

When you use this Site to browse, search for, and/or buy tickets, you are utilizing a platform developed and owned by a third party ("Provider" and "We" or "we") and are subject to this privacy policy.

We may choose to change this Privacy Policy at any time. At such times, we will post the changes to this Privacy Policy to ensure you are aware of what information is collected, how it is used, and under what circumstances, if any, it is disclosed. Because we reserve the right to modify this Privacy Policy at any time, please review it frequently.

PRIVACY POLICY

This policy describes the privacy practices associated with collecting personal information through this Site. "Personal information" as used herein means your name, company name, address, telephone number, and e-mail address.

Using the Site may require you to provide personal information. By providing personal information, you expressly consent to the collection, use, disclosure, and retention of your personal information as further described in this policy.

How much information must I share?

The amount and type of information we collect depends on your activities and use of the Site. Below, we explain what information is collected.

When browsing the Site

We keep track of your visited pages to provide you with a more personalized shopping experience.

When purchasing through the Site

We collect your name, billing address, and payment information (such as your credit card number and expiration date) to process your order.

When communicating with us through the Site

We collect your e-mail address and the other disclosed contact information in order to respond to your communication.

When entering contests, participating in surveys, or registering for other activities on the Site

We collect your name, e-mail address, telephone number, and other information that is required for entry or participation, which varies depending on the activity.

Cookies

A cookie is a small text file stored on a user's computer for record-keeping purposes. We do not link the information stored in the cookies to any personally identifiable information you submit while on the Site.

We use both session ID cookies and persistent cookies on this Site. We use session cookies to make it easier for you to navigate the Site. A session ID cookie expires each time you close your browser. We set a persistent cookie to store your email address, allowing you to avoid entering it more than once. Persistent cookies also enable us to track and target users’ interests, thereby enhancing your experience on the Site. A persistent cookie remains on your hard drive for an extended period of time. Your Internet browser's "help" file provides information on removing persistent cookies.

We collect information contained in cookies, such as your purchase history and account log-in data, to personalize your shopping experience. Your browser must accept cookies in order to add items to a shopping cart.

Is my personal information used for any other purpose?

  • We may use your personal information to provide products or services you have requested, respond to a communication from you, contact you, and as otherwise described in this policy.
  • We may occasionally send you promotional or product information. If you do not wish to receive promotional or product information, you may opt out of future communications by following the instructions in the e-mail communication.
  • We may also analyze and act upon your personal information as part of our standard business practices. This may be changed at any time as detailed below.
  • If you use our services, we may send you updates on important information about our company and services.

Third-Party Service Providers

We use other third parties including, but not limited to, a shipping company and a credit card processing company. We will share your name, email address, billing and shipping address, and credit card information with third-party service providers as necessary.

Unless acting on behalf of Provider or the Site, these third parties are prohibited from using your personally identifiable information for promotional purposes.

Links to Third-Party Sites

The Site may include links to other websites whose privacy practices may differ from those of Provider. If you submit personally identifiable information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

Will my personal and account information be provided to any other party?

We restrict access to your personal and account information to those who need access to use it as set forth in this Private Policy. Your personal and account information will never be sold, shared, rented, or traded to third parties except under the following circumstances:

  • Your personal and account information may be disclosed in response to subpoenas, court orders, or other legal processes, as required by law, or to establish or exercise our legal rights or defend against legal claims.
  • Your personal and account information may be disclosed when we believe it is necessary to protect the rights, property, or safety of the Provider, our users, or others, such as exchanging information with other companies, organizations, or agents of the customer for fraud protection. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information for commercial purposes in violation of the commitments set forth in this Privacy Policy.
  • Your personal and account information may be disclosed in connection with a sale of some or all of our business or a merger with another company.

How does Provider protect my personal and account information?

We use generally accepted industry standards, both during transmission and once we receive it, to protect your personal and account information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, we cannot guarantee its absolute security.

What should I do if I need to update or correct my personal information?

Your personal information will be retained and used in the manners detailed above for so long as you have an active account. Should you wish to update or correct your personal information, please call or email us at the number or email listed below. We will respond to your request within a reasonable timeframe. After your account is deactivated, we will retain and use your information only as is necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Retaining your information

We will retain your information for as long as needed to provide you services. Please contact us using the email or telephone number listed below to request that we no longer use your information to provide you services. Should you make such a request, we will retain and use your information only to comply with our legal obligations, resolve disputes, and enforce our agreements.

How can I give you feedback or contact you?

You can reach us by email at support@broadwaytickets.org or you can call us toll-free at 855-474-1217. Please note that messages become our property and, unless you direct otherwise, may be used for promotional purposes.

www.broadwaytickets.org
c/o BroadwayTickets.org

Attn: Privacy Policy Feedback

5717 Round Meadow Road

Hidden Hills, CA 91302

support@broadwaytickets.org

Last updated on July 27, 2016

Indemnification:

You agree to indemnify, defend, and hold the Site and Provider, and each of its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any of these Terms; (b) any allegation related to information you submit or transmit to the Site infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of us; (d) your acts or omissions in connection with your use of this Site; and (e) any claim brought by a third-party (a "Third Party Claim") against any of the Indemnified Parties in respect of which recovery may be sought under clauses (a) through (d) above. These indemnification provisions shall survive any termination of this Agreement.

Disclaimers and Limitations on Liability:

No Warranty: THE SITE, THE MATERIALS ON THE SITE, AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability: NEITHER PROVIDER NOR THE SITE NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OFBUSINESS OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO INDEMNIFIED PARTY SHALL HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF PROVIDER OR THE SITE; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF SITE, PROVIDER, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Disputed Charges:

You are responsible for any and all legal fees incurred by you, the Site or Provider associated with your disputed charges and chargebacks for purchases made, or tickets listed, on this Site.

Arbitration and Dispute Resolution:

You on the one hand and the Site and Provider on the other, each agree that any and all disputes, controversies, or claims arising out of or relating to: (i) these Terms; (ii) your use of, or access to, this Site; (iii) Site's and Provider’s services; or (iv) any tickets or other items sold or purchased through this Site shall be resolved exclusively through final and binding arbitration in Chicago, Illinois, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. SPECIFICALLY, YOU HEREBY AGREE TO WAIVE ALL RIGHTS AND CLAIMS TO A TRIAL BY JURY. Customer satisfaction is our number one goal. As such, the Site and Provider are committed to resolving customer disputes in a fair and efficient manner. Prior to commencing any arbitration related to this Agreement, you agree that if you have a dispute with the Site or Provider, you must first contact our Customer Service Department at 855-474-1217.  If our Customer Service Department is unable to achieve a satisfactory resolution, you must notify us in writing about your claim in as much detail as possible and send the accompanying form by certified mail to: BroadwayTickets.org, Attn: Arbitration Department, 5717 Round Meadow Road, Hidden Hills, CA 91302. Our representative will respond within thirty (30) days of receiving this notice. If the matter is still not resolved to your satisfaction, then you agree to begin the arbitration process by submitting a Demand for Arbitration to the American Arbitration Association ("AAA"). You further agree that exclusive jurisdiction for any such arbitration shall be Chicago, Illinois. The Demand for Arbitration and the AAA's rules are available at www.adr.org.

The arbitrator, as opposed to any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement to arbitrate or the Terms is void or voidable. The arbitrator will decide the substance of all claims in accordance with the laws of the state of Illinois. The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in a court having jurisdiction thereof.

You may reject this agreement to arbitrate. If you do not wish to be bound to arbitration, you must notify us in writing within thirty (30) days of the date that you first access this Site. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with Site and/or Provider through arbitration. Written notification should be mailed by certified mail to: BroadwayTickets.org, Attn: Arbitration Department, 5717 Round Meadow Road, Hidden Hills, CA 91302.

YOU ON THE ONE HAND AND THE SITE AND/OR PROVIDER ON THE OTHER HAND AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND COMPANY AND/OR PROVIDER (AS THE CASE MAY BE) ACKNOWLEDGE AND AGREE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER PROVIDER OR SITE USERS.

Unless otherwise stated in this agreement to arbitrate, payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. At your request and if the value of the relief sought is $10,000 or less, the Site and/or Provider (depending on which is the subject of the arbitration) will pay all filing, administrative, and arbitrator fees associated with the arbitration process. Any request for payment of fees by the Site and or Provider should be submitted by mail to the AAA along with the Demand for Arbitration. In the event the arbitrator determines your asserted claim to be frivolous or brought for an improper purpose, you agree to reimburse the Site or Provider, as the case may be, for all fees associated with the arbitration paid by the Site or Provider.

Pursuant to 815 ILCS 414/1.5(c) and for transactions involving tickets to events in Illinois, you, Provider, and the Site may elect to submit complaints against one another to the AAA, under its rules and procedures. Such complaints shall be decided by an independent arbitrator in accordance with these Terms and you, Provider, and the Site further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticket event held in Illinois.

Modification:

Provider or the Site has the right, in its sole discretion, to modify, suspend, or discontinue any part of this Site at any time, with or without notice.

Access to the Site:

We, in our sole discretion, with or without cause, and without prior notice, may terminate your access to the Site.

Force Majeure:

We shall not be deemed in default or otherwise liable under these Terms due to our inability to perform obligations of this Agreement by reason of any act of God, fire, earthquake, substantial snowstorm, flood, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law, ordinance, regulation, or legal order (unless caused by our default hereunder), any failure or delay of any transportation, power, or communications system, or any other similar cause not under our control.

Tax:

You are responsible for paying any sales taxes that may be applicable.

Governing Law:

Without reference to conflict of law principles, these Terms, the use of the Site and platform, and any sale of tickets hereunder will be governed by the State of Illinois.

Entire Agreement:

This Agreement contains the entire understanding of the parties with respect to the matters contained herein. This Agreement supersedes and replaces in its entirety any and all prior communications, contemporaneous agreements, and/or understandings between the parties, whether oral, written, electronic or implied.

Additional Provisions:

If any provision of these Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.

No agency, partnership, joint venture or other relationship is intended or created by your use of the Site.

The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.

 

 

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