Effective Date: April 3, 2023
These Terms are designed to ensure your understanding of the use of this website ("Site") and your purchase of any ticket listed on this Site. This Site is owned by TicketsOnSale.com (“Site Owner”). This Site utilizes a Service Provider ("Service Provider"). Service Provider has a platform that it licenses to the Site Owner and performs services related to your purchase. These services include, but are not limited to: (i) processing orders, (ii) verifying order details and confirming validity of payment information, (iii) charging your credit or debit card, and (iv) coordinating the delivery of purchased tickets. Service Provider does not design or market the Site, and its sole relationship with the Site Owner is that of independent contractor. Service Provider and Site Owner shall collectively be referred to as "We" and “Us” within these Terms, and references to “our” refer to both Site Owner and Service Provider.
By using or visiting this Site, or purchasing tickets listed on this Site, you expressly agree to abide and be bound by and follow these Terms as well as all applicable laws, ordinances, and regulations. You represent that you are legally able to enter into this binding contract and, if you are under 18, that you are purchasing tickets under the supervision of a parent or guardian. The Terms include the following provisions:
- All orders placed on this Site are considered requests until you receive written (email) confirmation of the availability of the tickets.
- All sales are final; there are no cancellations, returns, or exchanges.
- If an event is cancelled with no rescheduled date, you will receive a full refund of the purchase price (including delivery charges, less possible restocking fees), or a credit for use on a future purchase, as determined at our sole discretion (this may vary by jurisdiction, including California (see California Business and Professions Code section 22507, under which We will facilitate a request for refund from the ticket seller)). If an event is postponed or rescheduled, and the original tickets are valid for entry at the time of the rescheduled event, your order will not qualify for a refund or other compensation from Us except in jurisdictions where it is required by law, including California (see California Business and Professions Code section 22507, under which We will facilitate the request for a refund from the ticket seller).
- Ticket prices may be above the "face value" listed on the ticket (they may also be below the "face value").
- Confirmed orders may be filled with comparable or upgraded tickets.
- When you purchase a ticket, you receive a 100% Buyer Guarantee, as detailed below.
- If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, venue security or other personnel relocate you to a location within the venue that is different from the seating location that you had purchased from Us, such a relocation will not qualify you for a refund or for other compensation.
When you find desirable tickets and wish to purchase them, you fill out and submit the information requested on the Site, which constitutes an order. This order is an offer to purchase the tickets from the seller. Once you submit the order, you cannot cancel or retract it. Upon the submission of the order, a hold will be placed on your credit or debit card for the funds necessary to purchase these tickets. You will receive an email sent to the address you provide to Us promptly after you place your order. It is your responsibility to provide a valid email address, and to confirm all information contained in your order submission. Neither of these actions completes the sale. Rather, a completed sale is dependent on the seller's acceptance of the order and written notice of confirmation to you that the order is accepted. Upon the seller's acceptance of the order, your credit or debit card used in placing the order will be charged. By placing an order, you authorize Service Provider to charge your method of payment for the total order amount, including all fees and charges. Please note that the price you pay may be higher than the face value of the tickets. A large number of ticket resellers list their tickets on the Site, and all ticket listings, locations, descriptions, and pricing are provided by the ticket sellers. We do not guarantee the accuracy of any information provided by ticket sellers presented on the Site, and We are not responsible for errors within the inventory listed for sale. It is the purchaser's responsibility to verify any possible inconsistency or discrepancy in the ticket location, description, and/or price by calling our Customer Service Department at 888-684-3582 before the order is placed. If We find an error when processing your order, you will be notified of the error and provided with available options, including the option of cancelling your order.
Ticket Purchase Policy:
We reserve the right to replace tickets with comparable or upgraded tickets. When this occurs, We shall be considered to have fulfilled our obligations under these Terms. Definitions of "comparable" and "upgraded" are made at our reasonable discretion. Should We fail to deliver any confirmed ticket purchase, our sole obligation or 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.
Due to the large volume of ticket sellers listing tickets, locations, descriptions, and pricing of similar or equal tickets may vary.
100% Buyer Guarantee:
The 100% Buyer Guarantee means that your transaction will be safe and secure, the tickets shall be delivered prior to the event, the tickets shall be identical, comparable, or better than the tickets you ordered, and the tickets shall be valid and authentic. If We fail to meet our obligation under the 100% Buyer Guarantee, your total available recourse shall not exceed the purchase price you paid.
All orders are subject to ticket availability. We will use commercially reasonable efforts to procure and timely deliver the exact tickets ordered. If those tickets are no longer available, We reserve the right to replace tickets with comparable or upgraded tickets, at our sole, reasonable discretion.
All sales are final. For canceled events, We will refund the purchase price (including delivery charges, less possible restocking fees), or will issue a credit for use on a future purchase, as determined in our sole discretion (this may vary by jurisdiction, including California (see California Business and Professions Code section 22507, under which We will facilitate a request for a refund from the ticket seller)). To qualify for compensation, the buyer must return the tickets to Us within 2 weeks of notice from Us that the event is deemed canceled. No refunds or other compensation will be given without the original tickets, unless otherwise determined by Us, in our sole discretion. We will determine when an event is canceled based upon the best information available. Postponed or rescheduled events will not be refunded or otherwise compensated by Us except in jurisdictions where it is required by law, including California (see California Business and Professions Code section 22507, under which We will facilitate the request for a refund from the ticket seller).
If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, any other pandemic or epidemic, or any other health or safety concern, the entity putting on the event has announced a seating or attendee capacity reduction of greater than 15%, then, at our sole option, We reserve the right to cancel tickets for seating locations eliminated by the venue or to deem such event cancelled in its entirety. In the event that We deem an event cancelled in its entirety based on a reduction in capacity: (i) all outstanding orders for such event will be cancelled; and (ii) the event will be reposted for sale with the adjusted capacity and known restrictions. Any buyers whose tickets have been cancelled pursuant to this paragraph shall receive compensation for such cancellation as described above. This provision and cancellation policy, as well as all other terms relating to the COVID-19 pandemic contained in this Agreement, will also apply to any circumstances caused by any other communicable disease or illness that has or is capable of having a similar effect to the COVID-19 pandemic.
Event Dates and Times:
Event date, times, venue, and subject matter may change. We are not always notified of such changes. It is your responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event. In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond our control. We shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation in the event such a change occurs.
Denial of Admission:
If you have difficulty getting into an event using the ticket you purchased from Us, you are required to contact our Customer Service Department at 888-684-3582 immediately for assistance. If the problem is not resolved, it is your responsibility to obtain proof from the venue of denied entry. Upon receipt of valid proof that the tickets purchased through the Site 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 compensation for the cost of the ticket including all fees and delivery charges.
Delivery of Tickets:
In most cases, tickets will be delivered by the method and timeframe designated in the ticket listing. Photo ID may be required to accept delivery. For listings with no designated delivery method, tickets will typically be shipped via our preferred carrier, UPS. Tickets may not ship out immediately. In all cases, Service 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 Service Provider's sole discretion, Will Call at the venue box office, email (when applicable), courier, or pick up at a location outside the venue designated by Service Provider. Delivery designations, such as "e-Tickets" or "Instant Download," do not constitute guarantees of delivery any sooner than the day of the event. Typically such tickets will be delivered as designated. However, in some cases, delivery may first require additional verification or be subject to delays on behalf of the seller. It is your responsibility to contact our Customer Service Department at 888-684-3582 if you do not receive tickets within 48 hours of the event. Failure to do so may disqualify you from receiving a refund for any ticket you claim was not delivered, unless failure to receive notice is waived by Us in our sole discretion.
Lost, Stolen, or Damaged Tickets:
Please keep your tickets in a safe place. We are not responsible for lost, stolen, damaged, or destroyed tickets and are under no obligation, and, in many instances, are not able, to replace the tickets. Please note that direct sunlight or heat can damage certain types of tickets.
We may, at your request, ask the seller to re-issue your tickets. If you would like us to submit such a request, the payment method on file will be charged 15% of the order total for the re-issuance of your tickets (maximum of $200). If a re-issue is not possible, you will be refunded the re-issue fee.
Many tickets are accessible only through display via a mobile device. It is your responsibility to make certain that your mobile device is charged with sufficient power so that you can access your tickets when you arrive at the venue.
As a buyer, you grant Service Provider permission to charge your credit or debit card for the purchase of tickets in the full amount of your order, including all fees and charges included at the time of checkout. Visa, Mastercard, Discover, American Express, and PayPal are valid payment methods for purchasing tickets.
A large volume of tickets are listed on the Site, and We make every effort to prevent pricing errors. On rare occasions when pricing errors occur, We shall not be liable to the customer for this error. For the avoidance of doubt, if a ticket is subject to a pricing error, We may offer the tickets to you at the corrected price. If the corrected price is not acceptable to you, We will allow you to cancel your order.
Ticket Holder Behavior Policy:
You agree to abide by all rules and policies of the venue, promoter, and anyone else responsible for putting on the event. Should you fail to abide by those rules and policies, you shall be subject to all applicable penalties, including denial of admission to or removal from the event, restriction of future rights to access the venue, fines, and legal or other expenses associated therewith. Further, should any violation result in the loss of the ticket seller's season ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you shall be held liable for all reasonable costs, expenses, and losses associated with said loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special, or punitive damages, including lost profits.
Neither the Site Owner nor the Service Provider is the official box office, or affiliated in any way with any venue, promoter, team, league, or organizing group of any event for which tickets may be sold on the Site. Neither Site Owner nor Service Provider is associated with any official organizer of the events for which tickets are listed. Rather, the Site is an independent marketplace for the sale of event tickets on the secondary market, and Service Provider provides the platform and certain services related to secondary marketplace sales.
Changes in Terms and Conditions:
We reserve the right, in our sole discretion and to the maximum extent permitted by applicable law, to change these Terms at any time. If We change any term or condition, said modification, revision, and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this site. Your continued use of the site following our posting of revised terms and conditions constitutes your acceptance of the revised agreement.
We prohibit 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 use any false personal information or use an invalid or unauthorized credit or debit card. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose.
Investigations and Consequences:
A purchaser who is the subject of a complaint or whom We believe may have violated these Terms or applicable law will be subject to investigation by Service Provider. You agree to cooperate fully in such investigation including, but not limited to, providing any and all information demanded by Service Provider. If Service Provider finds, in its sole discretion, a user: (a) is unwilling to cooperate 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 Service Provider is unable to authenticate or verify, Service Provider may take any action it deems appropriate, including, but not limited to, canceling orders, issuing a warning, blocking your access to the Site, preventing you from finalizing pending transactions, or exercising any other remedy available to Us (including civil, criminal or injunctive redress). You agree that monetary damages may not provide a sufficient remedy to Us for violations of these Terms and may be difficult to ascertain or calculate, and you 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 Service Provider or Site Owner believes, in its respective sole discretion, may in any way violate any local, state, federal, or international law.
Warning Related to COVID-19 and Other Diseases or Illnesses:
COVID-19 is an extremely contagious disease that can lead to severe illness and death. An inherent risk of exposure to and contraction of COVID-19 exists in any place or venue where people gather. You assume any and all risks, costs, and harms arising from or relating in any way to the risk of contracting, exposure to, or contraction of a communicable disease or illness—including, without limitation, COVID-19 or any other virus, bacteria, or other pathogen—and you hereby waive any and all claims and potential claims against Us and the Indemnified Parties (as such term is defined below) relating to such risks, harms, and/or exposures.
We respect the intellectual property of others, 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 where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) 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; 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: TicketsOnSale, Attn: Legal Department: Copyright Complaints, 651 N Broad Street, Suite 205 #3310, Middletown, DE 19709.
The Site and Service Provider's platform, including all Site software, databases, trademarks, logos, service marks, proprietary information, and materials (and any intellectual property and other rights relating thereto) ("Our Property") is owned or licensed by Site Owner and/or Service Provider and will remain the property of the same. You acknowledge and agree that you do not acquire any ownership or licensing rights by using the Site. You may not use any of Our Property in connection with any product or service that is not offered by Site or Service Provider in any manner that is likely to cause confusion with respect to Service Provider's or Site Owner's business, or in any manner that disparages Site Owner or Service Provider. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Our Property without the express written permission of Site Owner or Service Provider, in our respective sole discretion. The violation of applicable intellectual property laws may give rise to civil and/or criminal penalties.
You agree to indemnify, defend, and hold the Site Owner and Service Provider, and each of our respective parents, affiliates, investors, licensors, suppliers, advertisers, and sponsors, and their respective employees, consultants, agents, insurers, 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 that any 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, AND 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 OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Limitation of Liability: NEITHER SERVICE PROVIDER NOR THE SITE OWNER NOR ANY OTHER INDEMNIFIED PARTY IS OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY TYPE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS) AS WELL FOR AS ANY MULTIPLIER ON OR INCREASE TO DAMAGES UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY, COMMON LAW, EQUITABLE, 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 OR USE OF THE SITE, OR ATTENDANCE AT AN EVENT, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SERVICE 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 OWNER, SERVICE 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 GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OVER THE PAST TWELVE (12) MONTHS; OR (B) $200.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER SITE OWNER, SERVICE PROVIDER, NOR ANY OF THE INDEMNIFIED PARTIES IS LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SITE OWNER, SERVICE PROVIDER, AND THE INDEMNIFIED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO TICKET SELLERS, OPERATORS OF VENUES, AND EVENT ORGANIZERS/PROMOTERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES, SITES, AND LOCATIONS RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS, INCLUDING BUT NOT LIMITED TO THE STATE OF NEW JERSEY, DO NOT ALLOW CERTAIN AGREEMENTS TO INCLUDE THE PROVISIONS OF THIS SECTION THAT (A) LIMIT OR EXCLUDE CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE; (B) LIMIT OR EXCLUDE THE USE OF ANY MULTIPLIER ON OR INCREASE TO DAMAGES; AND (C) LIMIT THE LIABILITY OF SITE OWNER AND SERVICE PROVIDER, AND ANY OTHER INDEMNIFIED PARTY, TO THE GREATER OF (1) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OVER THE PAST TWELVE (12) MONTHS; OR (2) $200. THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO THE EXTENT, AND ONLY TO THE EXTENT, NOT PERMITTED BY APPLICABLE LAW.
You are responsible for any and all legal fees incurred by you, Site Owner, or Service 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 We on the other hand, except as provided in the Exceptions provision below, each agree that any and all disputes, controversies, or claims arising out of or relating in any way to: (i) these Terms; (ii) your use of, or access to, this Site; (iii) Site Owner's and Service Provider's services; (iv) any tickets or other items sold or purchased through this Site; or (v) any marketing, advertising, statements, or representations regarding or related in any way to these Terms, the Site (including access to and use thereof), Site Owner’s and Service Provider’s services, and any tickets or other items sold or purchased through the Site shall be fully, finally, and exclusively resolved through final and binding arbitration rather than in court. YOU AND SITE OWNER AND SERVICE PROVIDER EACH WAIVE ANY RIGHT TO A JURY TRIAL AS WELL AS ANY RIGHT TO BRING CLAIMS IN OR OTHERWISE PARTICIPATE IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING, AS SET FORTH BELOW.
Exceptions: Notwithstanding the remainder of this Arbitration and Dispute Resolution section, You and We agree that the following types of disputes will be resolved in court, unless You and We each agree to submit the dispute to arbitration pursuant to this Arbitration and Dispute Resolution section:
(1) Disputes or claims within the jurisdiction of a small claims court; or
(2) Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief).
For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the Class Action Waiver provision below does not prevent You from seeking public injunctive relief in an individual capacity to the extent otherwise permitted by law.
You and We also agree that for disputes or claims where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, You and Site Owner and/or Service Provider will first submit the dispute or claim for non-injunctive relief to arbitration pursuant to this Arbitration and Dispute Resolution section. The arbitrator will not be permitted to grant injunctive relief (unless the parties mutually agree otherwise). Once the arbitration of the dispute or claim for non-injunctive relief has concluded, You and/or Site Owner and/or Service Provider may seek the injunctive relief (including the public injunctive relief) in court to the extent permitted by law.
Any litigation in court of the foregoing types of disputes (except for small claims court actions) may be commenced only in a federal or state court located within Cook County, Illinois, and You and Site Owner and/or Service Provider each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and Site Owner and/or Service Provider agree that the dispute is subject to the Class Action Waiver provision set forth below.
Delegation: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these Terms, including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable. If any party disagrees about whether the foregoing provision (or any portion of this agreement to arbitrate, including without limitation the provisions relating to arbitration, the waiver of class or representative proceedings, and opting out) can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that dispute.
Governing Law: The Federal Arbitration Act (“FAA”) governs this agreement to arbitrate in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of the parties’ arbitration agreement and all of its provisions, including, without limitation, the Class Action Waiver. State arbitration laws do not govern in any respect. Further, you and We each agree that the Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. To the extent state law applies, the parties’ arbitration agreement and the parties’ Class Action Waiver shall be governed by Illinois law, subject to conflict of law principles.
Informal Initial Dispute Mechanism: If you or Site Owner and/or Service Provider intend to bring a claim against the other, that party must first send to the other, by certified mail, a completed Intent to Arbitrate Notice ("Intent Notice"). The Intent Notice to Us should be sent to TicketsOnSale, Attn: Arbitration Department, 651 N Broad Street, Suite 205 #3310, Middletown, DE 19709. If you and Site Owner and/or Service Provider are unable to resolve the dispute described in the Intent Notice within thirty (30) days after the Intent Notice is sent, you or Site Owner and/or Service Provider may initiate an arbitration proceeding.
Initiating Arbitration Proceedings; Rules, Venue, and Jurisdiction: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, as modified by this agreement to arbitrate. Exclusive jurisdiction for an arbitration hearing required under the AAA Consumer Arbitration Rules, if any, shall be in Chicago, Illinois (unless the parties and arbitrator agree to a hearing by remote videoconference). The AAA’s rules are available at www.adr.org. A demand form for initiating arbitration proceedings is available on the AAA website. In addition to filing a demand for arbitration with the AAA, in accordance with its rules and procedures, you must send a copy of the completed form to Us at the following address: TicketsOnSale, Attn: Arbitration Department, 651 N Broad Street, Suite 205 #3310, Middletown, DE 19709. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, subject to conflict of law principles. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
In the event that the AAA is unable to conduct the arbitration for any reason, you and Site Owner and/or Service Provider will mutually select an alternative arbitration provider, and the arbitration will be conducted pursuant to that provider’s applicable rules.
If the agreement to arbitrate is held unenforceable or invalid for any reason, any litigation against Us (except for small claims court actions, as discussed above) may be commenced only in a federal or state court located within Cook County, Illinois, and you and We each consent to the jurisdiction of those courts for such purposes.
Selection of Arbitrator: The parties agree that there will be one arbitrator and that the process for appointing an arbitrator will be the following manner: The AAA shall send simultaneously to each party to the dispute an identical list of 10 names of persons chosen from the National Roster (unless the AAA decides that a different number is appropriate). For a dispute or claim relating to the intellectual property of you, Site Owner, and/or Service Provider, or any of Site Owner’s and/or Service Provider’s corporate family members (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents), the list from the National Roster shall be limited to individuals who either previously served as a federal judge or is an attorney who has specialized in intellectual property law for at least ten (10) years.
The parties will confer to attempt to agree to an arbitrator from the submitted list and to advise the AAA of their agreement. If the parties are unable to agree upon an arbitrator, each party to the dispute shall have 14 calendar days from the transmittal date in which to strike names objected to, number the remaining names in order of preference, and return the list to the AAA. The parties are not required to exchange selection lists. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable to that party. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the submitted lists, the AAA shall have the power to make the appointment from among other members of the National Roster without the submission of additional lists, except that for the appointment of an arbitrator for a dispute or claim relating to the intellectual property of you, Site Owner, and/or Service Provider, or any of Site Owner’s and/or Service Provider’s corporate family members (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents), the individual appointed shall either previously have served as a federal judge or be an attorney who has specialized in intellectual property law for at least ten (10) years.
Arbitration Fees and Costs; Attorneys’ Fees and Expenses: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, Site Owner and/or Service Provider will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).
Each party is responsible for his, her, or its own attorneys’ fees and expenses, and Site Owner and/or Service Provider will not pay your attorneys’ fees or expenses except to the extent ordered to do so by the arbitrator. If you prevail in arbitration, however, you will be entitled to an award of reasonable attorneys’ fees and expenses to the extent allowed for under applicable law and ordered by the arbitrator. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse Site Owner and/or Service Provider for all fees associated with the arbitration paid by Site Owner and/or Service Provider that you otherwise would have been obligated to pay under the AAA rules. If the arbitrator, upon final disposition of the case, finds your dispute was not frivolous, Site Owner and/or Service Provider will reimburse any filing fees that you paid and were not otherwise reimbursed.
Opting Out: You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate and/or the Class Action Waiver, you must notify Us in writing within thirty (30) days of the date that you first access the 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 Owner and/or Service Provider through arbitration. Written notification should be mailed by certified mail to: TicketsOnSale, Attn: Arbitration Department, 651 N Broad Street, Suite 205 #3310, Middletown, DE 19709. If you do not opt out within thirty (30) days, then you accept all terms and conditions of the arbitration and dispute resolution procedures described above.
Class Action Waiver: To the fullest extent permitted by applicable law, you and We each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“Class Action”). You and We AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and We EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and We agree that THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, You can seek public injunctive relief to the extent authorized by law, warranted by an individual claim(s), and consistent with the Exceptions clause above.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION.
Confidentiality: Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
For transactions involving resale tickets to events in Illinois, pursuant to 815 ILCS 414/1.5(c), you or the ticket reseller may elect to submit complaints against one another to the AAA, under its Consumer Arbitration Rules. Such complaints shall be decided by a single, independent arbitrator in accordance with these Terms and you and ticket resellers also agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.
Service Provider or Site Owner has the right, in ,its respective 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.
We shall not be deemed in default or otherwise liable under these Terms due to our inability to perform our obligations by reason of any act of God, fire, earthquake, substantial snowstorm or blizzard, flood, epidemic, pandemic, danger to public health or safety, disease, government-mandated shut-down, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, 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.
Allocation of Risk:
You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk and that the pricing and other terms and conditions of this agreement reflect such allocation of risk.
You are responsible for paying any sales taxes that may be applicable.
These Terms, the use of the Site, and any sale of tickets hereunder will be governed by the laws of the state of Illinois, subject to conflict of law principles.
No agency, partnership, joint venture, or other relationship is intended or created by your use of the Site.
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, unless otherwise expressly provided herein. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.