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Last Updated on April 30, 2024 This User Agreement (this “Agreement”), among other things, governs (a) your use of TicketIQ’s digital ticket marketplace platform (the “Platform”), which includes the TicketIQ.com website (the “Site”) and TicketIQ’s mobile application "TicketIQ" (the “Application”), and (b) your use of the Platform to access, receive, or provide tickets (each a "Service" and collectively, the "Services"). The Platform (including the Site and Application) is owned and operated by TicketIQ, LLC. References to "you" or “your” throughout this Agreement mean: (i) you as a registered user of the Platform, whether seeking to receive tickets (in such capacity, a “Buyer”) or whether seeking to provide tickets (in such capacity, a “Seller”), or (ii) a visitor or browser of the Site or user of the Application. THE TERMS OF THIS AGREEMENT ARE IMPORTANT. THEY AFFECT YOUR RIGHTS. PLEASE READ THIS AGREEMENT CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE TicketIQ PLATFORM. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE CAREFULLY REVIEW THE SECTION TITLED “ARBITRATION” FOR MORE INFORMATION. THIS AGREEMENT LIMITS TicketIQ’S LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. By accessing the Platform, clicking on an "I Accept" or "Sign Up" button, completing the registration process, and/or otherwise demonstrating your consent to this Agreement, YOU ARE ENTERING INTO A BINDING CONTRACT, and you represent that (a) you have read, understand, and agree to be bound by this Agreement, (b) you are of legal age to form a binding contract with TicketIQ, and (c) you have the authority to enter into this Agreement personally or on behalf of an entity, organization, or company you have named as the user, and to bind such entity to this Agreement. If you do not agree to be bound by this Agreement, you may not access or use the Platform or the Services. 1. Updates to the Agreement and the Platform If we change or modify this Agreement, we shall post a revised version which shall automatically replace and supersede the terms of this Agreement and will be effective immediately upon posting. It is important that you review this Agreement whenever this Agreement is updated before continuing to use the Platform. Your continued use of the Platform and the Services following TicketIQ's posting of a revised Agreement will constitute your acceptance of the revised Agreement. Do not continue to use the Services, or the Platform, if you do not agree with the terms of this Agreement or any revised version of this Agreement. You acknowledge and agree that TicketIQ may modify (or otherwise discontinue) the Platform (or any portion thereof) in any way and at any time, with or without notice. TicketIQ shall have no liability for any such change or discontinuance. You further acknowledge and agree that, while TicketIQ has attempted to provide accurate information on the Platform, such information may change frequently and in no event will TicketIQ be responsible for the accuracy, timeliness, reliability, usefulness, or completeness of any information, materials, or other content, or that any such information, materials, or other content is the most up-to date. 2. TicketIQ Platform The Platform includes (a) access to the Site and Mobile App; (b) facilitation of connections between Buyers and Sellers of tickets; (c) facilitation of payments between Buyers and Sellers for tickets; and (d) customer support and related services for the Site and App. As such, TicketIQ does not purchase or provide tickets. Buyers understand that such facilitation does not constitute a warranty in relation to the tickets provided by Sellers. By using the Platform, you understand and acknowledge that Sellers and Buyers are independent third parties, and not employees, agents, joint venturers, or partners of TicketIQ. TicketIQ has no responsibility or liability for the acts or omissions of any Buyers or Sellers (including any tickets provided by Sellers). We want you to buy your tickets with confidence. All eligible purchases are covered by TicketIQ’s BuyerTrust Guarantee. You must provide all equipment and software necessary to connect to the Platform, including but not limited to, a mobile device that is suitable to connect with and use the Platform, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Platform. If you are a Seller that is not part of our Large Seller program, your activities are governed by and subject to our Supplemental Terms for Sellers. 3. Personal Information TicketIQ’s collection and use of personal information in connection with the Platform is defined and described in TicketIQ’s privacy policy located here, which may be amended from time to time (“Privacy Policy”). TicketIQ’s Privacy Policy is incorporated into and forms part of this Agreement. TicketIQ will not use or distribute your private information except in accordance with our Privacy Policy. By using the Platform, you agree not to use or provide any false personal information or use an invalid or unauthorized credit or debit card. Additionally, you agree not to use or permit anyone to use information provided through the Platform for any unlawful or unauthorized purpose. 4. Registering an Account In order to use certain aspects of the Platform, you may be required to register for and maintain an active personal account with TicketIQ (an “Account”). To register for an Account, you must: (a) provide true, accurate and complete data that is requested, which may include your legal and current name and address, your phone number, an active email address, a valid credit or debit card, and other information requested at registration; (b) provide a valid credit card or payment type (Visa, MasterCard, or any other issuer accepted by TicketIQ) (“Payment Method”); and (c) agree to accept the terms and conditions of this Agreement. You agree to keep current the information you provided upon registration. You agree to not create an account using a false identity or information or on behalf of anyone other than yourself (and you agree that violation of the foregoing will result in a fee of not less than $50,000). You may only use the Platform if you are legally able to enter into a binding contract. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of a parent or guardian. If you are a parent or guardian of a child or minor ward under the age of 18 (or the age of legal majority in your jurisdiction), by allowing your child or minor ward to obtain an Account or use the Platform, you as the parent or guardian are subject to this Agreement and are fully liable and responsible for your child’s or minor ward’s activities (including any activities relating to their Account or use of the Platform). You agree not to create an Account if you have been previously banned from the Platform or are barred from using the Platform under the laws of the United States. We may refuse your registration for any reason. 4.1 Social Networking Services; Third Party Accounts If you access the Platform through a social networking service (“SNS”) as part of the functionality of the Platform and/or the Services, you may link your Account with third-party accounts by allowing TicketIQ to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account. You agree to not have more than one third-party account per platform or SNS at any given time. We are not responsible for any interaction between you and your third-party account or any information that is transmitted between the Platform and such third party-account. You represent that you are entitled to disclose your third-party account login information to TicketIQ and/or grant TicketIQ access to your third-party account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without obligating TicketIQ to pay any fees or making TicketIQ subject to any usage limitations imposed by such third-party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND TicketIQ DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. You will be responsible for the absolute confidentiality and careful use of your username and password, and for all activities (including, without limitation, purchases) that are conducted through your Account, whether or not you were the individual conducting such activities. We will not be liable for any harm (including, without limitation, monetary loss, lost tickets, or stolen tickets) related to the disclosure of (including, without limitation, the failure to maintain the absolute confidentiality of) your username or password or, in any case, the use by anyone else of your username or password. You will immediately notify us in writing if you discover any unauthorized use of your Account or other Account-related security breach. 5. License Subject to your continued compliance with this Agreement, TicketIQ grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (a) access and use the Site and Application solely for your personal use in connection with your provision or receipt of the Services; (b) download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal purposes; and (c) access and view any content, information and related materials that may be made available through the Site or Application solely in connection with clause (a) and (b). Any rights not expressly granted herein are reserved by TicketIQ. 6. User Conduct 6.1 Unauthorized Use or Access: You agree that you will not, under any circumstances: (a) Interfere or attempt to interfere with the proper functioning of the Platform or connect to or use the Platform in any way not expressly permitted by this Agreement;
(b) Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
(c) Use, display, mirror or frame the Platform, or any individual element within the Platform, TicketIQ's name, any TicketIQ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TicketIQ's express written consent;
(d) Use any unauthorized software that accesses, intercepts, "mines" or otherwise collects information from or through the Platform or that is in transit from or to the Platform, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Platform;
(e) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Platform, whether through the use of a network analyzer, packet sniffer or other device;
(f) Make any automated use of the Platform, or take any action that imposes or may impose (in TicketIQ's sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Platform;
(g) Bypass any robot exclusion headers or other measures TicketIQ takes to restrict access to the Platform, or use any software, technology or device to send content or messages, scrape, spider or crawl the Platform, or harvest or manipulate data;
(h) Use, facilitate, create, or maintain any unauthorized connection to the Platform, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Platform; or (ii) any connection using programs, tools or software not expressly approved by TicketIQ;
(i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Platform, or to obtain any information from the Platform;
(j) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(k) Solicit or attempt to solicit personal information from other Users of the Platform or otherwise submit or include any personal contact information or other personal information of a third party;
(l) Use the Platform to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(m) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Platform to send altered, deceptive or false source-identifying information; or
(n) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
6.2 General: In connection with your use of the Platform, you shall not: (a) Harm any other person in any way (including, but not limited to, submitting or posting any content or information that is libelous, defamatory, derogatory, intimidating, discriminatory, or otherwise objectionable regarding any other person);
(b) Impersonate any person or entity, including, but not limited to, TicketIQ personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
(d) Register for more than one account or register for an account on behalf of an individual other than yourself;
(e) Stalk or otherwise harass any other user or employee of our the Platform;
(f) Contact of TicketIQ personnel through their social media, personal email or cell phone;
(g) Submit or include links in any postings containing material that is harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, including any posting that includes or contains the image or likeness of individuals under 18 years of age, drugs or drug use, or violence; or
(h) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section;
7. Blocking of Accounts, Delay or Refusal of Payment Transactions TicketIQ reserves the right to take any actions it deems appropriate or reasonable (including temporarily or permanently suspending your Account, to delay or refuse payment transactions to and from your Account, to cancel any order, or otherwise restrict its functionality) if: (a) Required by law or court order or if otherwise required by any regulatory or governmental authority, body or agency having jurisdiction over us;
(b) Required to fulfill our legal obligations in relation to the fight against money laundering and financing of terrorism;
(c) There is suspicion of unauthorized or fraudulent access to or use of your Account or that any of its security features have been compromised;
(d) TicketIQ has reasonable grounds to believe you are carrying out a prohibited or illegal activity;
(e) TicketIQ is unable to verify your or your business' identity or any other information pertaining to you, your Account or a payment transaction; or
(f) You have otherwise breached any of the terms or conditions in this Agreement.
TicketIQ will notify you via email of the suspension or restriction and the reasons for it, where possible, before such measures take place and at the latest immediately thereafter, unless prevented from doing so for security reasons or by law. TicketIQ will reinstate your TicketIQ account or execute the payment transaction as soon as practicable after the reasons listed in this section no longer apply. 8. App Stores The following additional terms apply to the Application where the Application is accessed through or downloaded from a third party mobile application marketplace, such as the Apple App Store or Google Play (the “App Store”). You acknowledge and agree that: (a) This Agreement is between you and TicketIQ and not with The App Store, and TicketIQ (not The App Store) is solely responsible for the Application.
(b) The App Store has no obligation to furnish any maintenance and support services with respect to the Application.
(c) In the event of any failure of the Application to conform to any applicable warranty, you may notify The App Store, and The App Store will refund the purchase price for the Application to you (if any) and, to the maximum extent permitted by applicable law, The App Store will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TicketIQ.
(d) The App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
(e) In the event of any third party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, TicketIQ will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(f) The App Store and its affiliates are third-party beneficiaries of this Agreement as related to your license to the Application, and that, upon your acceptance of this Agreement, The App Store will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
(g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country;
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(iii) you are not an individual or associated with an entity designated under the UK’s Terrorist Asset-Freezing, etc. Act 2010 (TAFA 2010); and
(iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules, whether applicable to you personally or to your location or other circumstances.
(h) You must also comply with all applicable third-party terms of service when using the Application.
9.Buyers: Finding Tickets and Placing Orders 9.1 Fees To purchase tickets, a Buyer may search for events and/or browse TicketIQ's listings for tickets via the Platform. If you purchase tickets on the Platform, you understand that such purchase will result in fees, charges, and other expenses to you for such tickets (“Fees”), which may include, among other things, (a) the price for the tickets (the “Ticket Fees”) and (b) platform, transaction, or other commissions or related fees for using the Platform (“Transaction Fees”). All payments for Fees will be processed by TicketIQ and/or its payment processor, using your Payment Method. When you purchase any tickets on the Platform, you are solely responsible for payment of the Fees and any additional fees or charges that may be incurred from your bank, card issuer, or financial institution. By committing to the purchase, you are entering into a binding contract with the Seller to purchase the selected tickets. All such purchases are final and, once placed, cannot be cancelled or retracted by the Buyer. However, placing an order does not complete the sale; a sale is only completed once it has been confirmed by the Seller. In all cases, the submission and confirmation of orders are transactions between Buyers and Sellers only. When an order is placed, it can take up to forty-eight (48) hours for the acceptance of that sale to be confirmed. 9.2 Payment The Buyer's Payment Method is not charged until the Buyer's order is confirmed by the Seller. However, when a Buyer places an order, we obtain an authorization from the Buyer's card provider for the full order amount, which is equal to the total purchase price displayed to the Buyer at the completion of the purchasing process. The authorization remains on the Buyer's Payment Method until the sale is completed when the Seller confirms the order or the order is cancelled. Although an authorization is not a charge, debit card providers will place a hold on funds when an authorization is obtained by TicketIQ. In all cases, TicketIQ is not responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Buyer's Payment Method when the Buyer places an order. As a Buyer, you grant TicketIQ permission to charge your Payment Method for the purchase of tickets. The terms of your Payment Method agreement governs your use of the Payment Method, and you must refer to those terms and not this Agreement to determine your rights and liabilities. By providing TicketIQ with your Payment Method, you agree that TicketIQ is authorized to immediately invoice your Account for all Fees due and payable to TicketIQ hereunder and that no additional notice or consent is required. You agree to immediately notify TicketIQ of any change in the details of your Payment Method. It is your responsibility to keep your billing information up to date. You must notify TicketIQ in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be sent to the following address: [email protected] As a Buyer, you may have an option to purchase tickets through a flexible payment provider identified on the TicketIQ Platform. Such flexible payment provider may facilitate a payment plan for your tickets. By using the payment plan, you are agreeing to allow the flexible payment provider to process your Payment Method for the dollar amounts on the schedule that you have selected. If the Payment Method expires or lacks the necessary funds during your plan, it is your responsibility to update it prior to the next payment or risk order cancellation and fees. Additionally, by purchasing tickets through the flexible payment provider, you are also agreeing to the terms and conditions of the flexible payment provider. It is your responsibility to read and understand such terms. TicketIQ is not responsible for any fees or failure to receive tickets as a result of your failure to comply with the terms of the flexible payment provider. 9.3 Purchase of Tickets After a Buyer places an order to purchase tickets, it is possible that the Seller no longer has the tickets available for sale. In this case, the Buyer's Payment Method will not be charged and the sale will be cancelled. Upon the Seller confirming the sale, the Buyer is guaranteed to receive the tickets in time for the event. However, Buyer understands that once an order is confirmed, the delivery and shipment of tickets is the responsibility of the Seller. TicketIQ cannot guarantee the method or time of the delivery for a given sale, only that the tickets will be delivered in time for the event. TicketIQ does not control, and has no right to control, the Seller’s delivery and/or shipment of tickets. 9.4: Seat Views/Quality and Ticket Details The seat views provided by TicketIQ for a given section reflects the view from that location in general and is not specific to any one ticket listing within that section. TicketIQ is not responsible for the quality of the specific seat or for the seat location if the venue changes the seating configuration or layout. Tickets may be substituted with comparable or better seat locations by the Seller. Actual seat and row numbers may vary from those purchased on the Platform. It is at TicketIQ’s sole determination whether substituted tickets are comparable or better seat locations. Additionally, TicketIQ does not guarantee any information provided by any Sellers in the “Seller Notes” area of the ticket listings. Event dates, times, venues, and performers, which are listed on the ticket, may change. It is the responsibility of the Buyer to verify the most recent details for an event. Please contact the box office or refer to local listings for any changes. TicketIQ is not responsible for these changes or for partial performances and as such, no refunds or credits will be issued. Unless otherwise expressly stated by TicketIQ, the display of any tickets or sellers on our website does not in any way imply, suggest or constitute an endorsement by us of those tickets or that seller, or any sponsorship of us by such seller, or any other affiliation between such seller and us. 9.5 Ticket Prices The face value printed on the ticket and/or the original price of the ticket may not be the same as the purchased price or the cost of the transaction. Ticket prices are set by the Seller. TicketIQ does not own ticket inventory or set ticket prices. As a result, the ticket prices listed may be higher or lower than the price printed on and/or the original price of the ticket. The face value for a ticket available for sale may be provided on the Platform, in accordance with applicable law. In those instances, we can only provide the face value the Seller provides to TicketIQ. TicketIQ cannot assess or guarantee the truthfulness or accuracy of such information provided by Seller. Buyers should be aware that ticket prices for live events continue to fluctuate on the open market. It is possible that prices of similar seats will change over time; if the prices of similar tickets increase prior to the event, you will not be charged more. Conversely, if the price of similar tickets decreases prior to the event, no credits, refunds or upgrades will be given for tickets previously purchased. TicketIQ will never charge more than what you have authorized. All prices are listed in U.S. dollars. In some instances, a Price Freeze may be applicable to ticket prices, as set forth in the Price Freeze Terms and Conditions available here, which are incorporated into and form a part of this Agreement. 9.6 BestPrice Guarantee TicketIQ offers a BestPrice Guarantee to the Buyer for qualifying purchases, which is incorporated into and forms a part of this Agreement. This guarantee takes effect only after the Seller has confirmed acceptance and the Buyer's Payment Method has been charged. The instructions for submitting a BestPrice Guarantee Claim are available here. Any claims submitted for the BestPrice Guarantee must meet all the conditions set by TicketIQ to be eligible to receive any credit, including, without limitation, the following: (a) The lower price is based on the final checkout page price on a ticket marketplace other than TicketIQ. When taking your screenshot, please ensure it displays all fees and taxes. Taxes are not included when comparing the pricing of tickets;
(b) The lower price must be found and screenshot with a timestamp within 30 minutes of your purchase with TicketIQ;
(c) The lower price you found must be for the same event, the same date(s), and the same section, row, and quantity that you purchased on TicketIQ;
(d) The lower price must be available to the general public. AARP rates, AAA rates, military rates, corporate rates, etc, do not apply;
(e) Various prices are not valid as a “lower price” for this BestPrice Guarantee, including but not limited to:
(i) Prices offered through loyalty programs or membership programs (in each case, paid or unpaid), through contests or as a part of a travel package;
(ii) Prices that require a login, credit card number, or code to view;
(iii) Prices that are not bookable, such as some advertisements;
(iv) Prices offered through government programs or offers;
(v) Prices obtained through the usage of promo or coupon;
(vi) Prices obtained as part of a lottery, rush program, or similar promotion;
(vii) Prices from apps or websites where you don’t know the event until after booking, prices from websites/apps where you name your own price, and prices you must call in for;
(viii) Prices from professional ticket resellers (those who buy and sell tickets on a regular basis, as determined by TicketIQ in its sole discretion);
(ix) Credit issued as part of a claim expire 365 days after issuance if they are not used; and
(x) Prices that are reflective of unauthorized reselling of a confirmed ticket reservation made in someone else’s name;
(f) TicketIQ may deny any suspicious or fraudulent claims.
(g) The BestPrice Guarantee does not apply in the event of disasters, acts of terrorism, or other events outside of TicketIQ’s control.
(h) TicketIQ caps the amount of TicketIQ Credit(s) that can be issued as part of a claim at $200.
Under its sole discretion, TicketIQ reserves the right to deny any BestPrice Guarantee Claim due to any failure to follow instructions provided by TicketIQ, including the provision of any inaccurate information associated with your claim. 9.7 Ticket Discrepancies Subsequent to the receipt of tickets, it is the Buyer's responsibility to verify any possible inconsistency or discrepancy in the ticket location, description, and/or price by calling TicketIQ as soon as possible following the discovery of such a discrepancy. Use of a ticket without reporting a discrepancy to TicketIQ constitutes acceptance of the ticket as is, notwithstanding any inconsistency with the Seller's listing and the actual ticket. As noted in our BuyerTrust Guarantee, which is incorporated into and forms a part of this Agreement, if there are any issues or discrepancies with the tickets that you receive from what you purchased, TicketIQ may, at its sole discretion, find comparable or better replacement tickets. If replacement tickets cannot be found or are not available at a comparable price, TicketIQ reserves the right to cancel the order and refund to you the full purchase price. We may require that you return to us the tickets you initially received. If a Seller notifies TicketIQ of a pricing error when listing tickets for sale, TicketIQ will use their sole discretion to decide whether it is appropriate to cancel a sale and excuse the seller from fulfilling the sale. This is most commonly caused when a seller forgets a digit (ex: $40 vs $140) or reverses the digits (ex: $260 vs $620) when setting the price on a listing but can be the result of other errors as well. In these cases, whether an order is confirmed or not, TicketIQ in its sole discretion, reserves the right to cancel the sale and provide the Buyer with a credit or refund. 9.8: Right to Cancel Transaction. In certain circumstances, we may cancel a ticket transaction (whether a purchase, listing, and/or transfer) without notice and return the tickets to the Seller or to the individual who held the tickets prior to the completion of the transaction. Such circumstances include, but are not limited to, the following: (a) if an event is canceled without being rescheduled;
(b) if the Buyer’s Payment Method does not remit payment;
(c) if we suspect, in our sole discretion, unauthorized or fraudulent use of a Buyer, Seller, and/or transferee’s account with us;
(d) if a Buyer, Seller, and/or transferee breaches these Terms of Use;
(e) if we deem, in our sole discretion, that a ticket transaction violates the law;
(f) if there is an error in the pricing of a ticket offered for sale through the TicketIQ Platform; and/or
(g) if we believe, in our sole discretion, that a Buyer, Seller, and/or transferee has otherwise engaged in inappropriate conduct in connection with a ticket transaction.
9.9: Attending Events When attending an event, you may be required to sign a waiver or other legal document to gain access to the venue by the venue or event organizer or such party’s agent. By purchasing tickets from TicketIQ, you understand that you may be denied entry if you do not sign such waiver. We encourage the purchase of travel insurance for any event. If you are not permitted into an event, or are otherwise unable to attend an event, for any reason other than due to the invalidity of the tickets you receive, TicketIQ is not responsible, and you will not qualify for a refund or any other form of compensation. TicketIQ has no obligation to credit or refund (and will not credit or refund) incidental expenses that you have incurred relating to your plans to attend the event including, but not limited to, plane or transportation expenses, hotel reservations, or rental car costs. 10. Text Message Policy By creating an Account or otherwise giving TicketIQ any contact information, you agree to accept and receive communications from TicketIQ, including via email, text message, calls, and push notifications to the cellular telephone number you provided to TicketIQ. These communications may include transactional and purchase related communications relating to your use of the Platform or the provision or receipt of Services. Message and data rates may apply. Some of our Services may allow you to receive SMS, MMS, or other text message notifications from us (each a "Text Message"). To the extent you voluntarily opt to have Text Messages (marketing and/or transactional Text Messages depending on your selection) from us sent directly to your mobile phone, the following terms apply: You agree to receive recurring automated marketing and/or informational and transactional Text Messages from TicketIQ, including Text Messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing and/or transactional Text Messages is not a condition of any purchase. Your mobile provider's standard messaging rates apply to our confirmation Text Message and all subsequent Text Message correspondence. Message and data rates may apply, according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier's pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will TicketIQ or its affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt-out of receiving any further Text Messages from us by replying "STOP" to any Text Message you receive from us. Message frequency will vary. TicketIQ reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. TicketIQ also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. TicketIQ, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages. For additional information, please visit our Privacy Policy. 11. Event Cancellation, Postponement, or Rescheduling If an event is cancelled and not postponed or rescheduled, we will provide a Credit (defined below) or refund to Buyer, as determined in TicketIQ's sole discretion (except to the extent a refund is required by law), for the full Fee paid by Buyer for the respective tickets. Tickets must be returned by Buyer, in the manner and within the timeline as directed by TicketIQ, to obtain a Credit or refund. If an event is postponed or rescheduled, please retain your ticket. In most cases, the original purchased ticket will be honored for the new event date. New tickets will not need to be reissued for most rescheduled or postponed events. Credits, refunds or exchanges will not be made for postponed or rescheduled events. TicketIQ assumes no responsibility for the actions of any event organizing body when an event or tickets is cancelled, postponed or rescheduled. 12. Credits TicketIQ may offer promotional codes, discount credits, or other types of credits (“Credits”). Credits can only be used with a registered Account. Credits will expire as stated in the offer. If no expiration term is stated, Credits will expire no later than one year after issuance. Credits are for one-time use only and may not be copied, reproduced, distributed, or published either directly or indirectly in any form. TicketIQ reserves the right to deactivate any unused Credits for any reason. If you are given a choice between a refund or a Credit, once that decision has been made it cannot be switched. In some instances, a Credit Boost may be available as set forth in the Credit Boost Terms available here, which are incorporated into and form a part of this Agreement. 13. Taxes TicketIQ collects and remits sales tax in accordance with applicable regulatory requirements. Sales tax is identified separately on purchases by consumers. If any Services, or payments for any Services or tickets, under this Agreement is subject to any tax in any jurisdiction, you will be responsible for the payment of such tax and any related penalties or interest to the relevant tax authority, and you will indemnify TicketIQ for any liability, penalties, interest or expense we may incur in connection with such sales taxes. Upon TicketIQ’s request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section "Sales Tax" shall mean any sales or use tax, and any other tax measured by sales proceeds, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. You further agree to make all payments to TicketIQ free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments to TicketIQ will be your sole responsibility. 14. Third Party Payment Processor You acknowledge and agree that any processing or collection of Fees by TicketIQ may be subcontracted or delegated to a third party payment processor selected by TicketIQ. Currently, TicketIQ uses Braintree for payment processing services. By using the Braintree (a division of PayPal, Inc.) payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement currently available at https://www.braintreepayments.com/legal/cea-wells. 15. Ownership The Platform and its contents, features, and functionality (including, but not limited to, any content, text, images, software, databases, graphics, code, compilation, and the design, selection, and arrangement thereof) are owned by TicketIQ, its licensors, or other third party providers and are protected by United States copyright, trademark, and other intellectual property laws. You are not permitted to copy, redistribute, publish, use, or take any other action with respect to the Platform (or any portion thereof) except for the limited usage rights granted to you in the Section titled “License, Use and Restrictions for Platform”. You further acknowledge that you do not acquire any ownership or other rights to the Platform (including any content, text, images, software, graphics, code, compilation, or the design, selection, or arrangement thereof) by using the Platform. For the avoidance of doubt, TicketIQ’s name, trademarks, logos, and all related names, logos, products, services, offerings, designs, and slogans shall be deemed the property of TicketIQ, and you must not use any of the foregoing without the prior written consent of TicketIQ. You agree that submission of any ideas, suggestions, documents, and/or proposals to TicketIQ through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that TicketIQ has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to TicketIQ a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platform. 16. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD TicketIQ, 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, LITIGATION, CAUSES OF ACTION, DAMAGES, LOSSES, FINES, PENALTIES, TAXES, COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS OF LITIGATION), AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (A) PERSONAL INJURY, BODILY INJURY (INCLUDING FATAL INJURY TO), OR LOSS OF OR DAMAGE TO THE PROPERTY OF, ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO A SELLER’S PROPERTY) (B) ANY BREACH OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, AGREEMENT, OBLIGATION, OR COVENANT MADE BY YOU TO TicketIQ; (C) ANY TRANSMITTED INFORMATION, INCLUDING WITHOUT LIMITATION ANY ALLEGATION THAT ANY INFORMATION YOU SUBMIT OR TRANSMIT TO OR THROUGH THE PLATFORM INFRINGES ON 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 TicketIQ; (D) YOUR ACTIVITIES IN CONNECTION WITH THE USE OF THE PLATFORM (INCLUDING ANY MISUSE, UNAUTHORIZED USE, OR NEGLIGENT USE THEREOF); (E) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY, INCLUDING ANY END USERS OF THE SERVICES; (F) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS; AND/OR (G) ANY DISPUTES OR CLAIMS BETWEEN YOU AND ANY OTHER USER. TicketIQ RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH TicketIQ IN ASSERTING ANY AVAILABLE DEFENSES. 17. International Users TicketIQ can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that TicketIQ intends to announce such Services in your country. TicketIQ's marketplace is controlled and offered by TicketIQ from its facilities in the United States of America. TicketIQ makes no representations that TicketIQ is appropriate or available for use in other locations. Those who access or use TicketIQ from other countries do so at their own volition and are responsible for compliance with local law. 18. DISCLAIMERS AND LIMITATIONS ON LIABILITY TicketIQ shall use commercially reasonable efforts to provide continuous access to the Platform pursuant to this Agreement. TicketIQ does not guarantee that the Platform will be accessible at all times. The Platform may be unavailable during maintenance periods or during any emergency. In addition to normal maintenance, there may be events that will make the Platform inaccessible for a limited amount of time due to unforeseen circumstances. TicketIQ reserves the right to change your password if TicketIQ believes it is not secure. TicketIQ has the right to refuse access to the Platform. TicketIQ has the right to cease offering the Platform (or any portion thereof) at any time and in TicketIQ’s sole discretion. NO WARRANTIES: EXCEPT AS EXPLICITLY PROVIDED FOR HEREIN, THE PLATFORM, THE MATERIALS CONTAINED ON OR IN THE PLATFORM, AND ANY TICKET OR SERVICE OBTAINED THROUGH THE PLATFORM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TicketIQ DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE PLATFORM, 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. TicketIQ DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM AND YOUR RELIANCE THEREON. TicketIQ IS 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 PLATFORM AND ANY MATERIALS PROVIDED THROUGH THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO LIABILITY FOR CONDUCT OF THIRD PARTIES: YOU ACKNOWLEDGE AND AGREE THAT TicketIQ IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TicketIQ LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH ATTENDING ANY EVENTS (INCLUDING, BUT NOT LIMITED TO, ANY PERSONAL INJURY THAT MAY OCCUR THAT IS INCIDENTAL TO THE EVENT FOR WHICH THE TICKET WAS PURCHASED). NO LIABILITY FOR CONDUCT OF OTHER USERS (OR TICKETS): YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT TicketIQ DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR LISTINGS OF USERS OF THE PLATFORM. ANY TICKETS PURCHASED OR SOLD THROUGH THE PLATFORM ARE AT YOUR OWN RISK AND TicketIQ WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR SUCH TICKETS (INCLUDING ANY FAILURE OF ANY BUYER OR SELLER TO COMPLETE A TRANSACTION OR TO BUY OR SELL A VALID TICKET). TicketIQ MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY TICKET IS VALID, THAT ANY BUYER WILL PAY FOR A TICKET, THAT ANY SELLER WILL SELL A VALID TICKET, OR THAT ANY PARTY WILL COMPLETE A TRANSACTION. LIMITATION OF TYPES AND AMOUNTS OF LIABILITY: EXCEPT AS EXPLICITLY PROVIDED FOR HEREIN, NEITHER TicketIQ 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 OF BUSINESS OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, THE MATERIALS ON THE PLATFORM, OR ANY TICKET OR SERVICE OBTAINED THROUGH THE PLATFORM. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TicketIQ AND ANY OTHER “INDEMNIFIED PARTY” SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (A) ANY ACTION OF ANOTHER USER OF THE PLATFORM; (B) 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 PLATFORM, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF TicketIQ; (C) ANY UNAUTHORIZED ACCESS; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (E) ANY BUGS, VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM; (F) ANY ERROR, MISTAKE, INACCURACY, OR OMISSION IN THE PLATFORM (OR ANY MATERIALS CONTAINED IN OR ON THE PLATFORM), OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PLATFORM (OR ANY MATERIALS CONTAINED IN OR ON THE PLATFORM); AND/OR (G) ANY LOST, STOLEN, OR DAMAGED TICKETS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPLICITLY PROVIDED FOR HEREIN, TicketIQ’S AGGREGATE LIABILITY TO YOU AND TO ANY THIRD PARTY RELATING TO THIS AGREEMENT (INCLUDING ANY USAGE BY YOU OF THE PLATFORM OR ANY TRANSACTIONS CONDUCTED BY YOU THROUGH THE PLATFORM) SHALL BE LIMITED TO THE GREATER OF (A) $100 AND (B) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE PLATFORM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, EVENT, OR OCCURRENCE GIVING RISE TO THE LIABILITY CLAIM. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES SHALL NOT APPLY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATIONS. EXCEPT FOR TicketIQ'S OBLIGATIONS WITH RESPECT TO YOUR PERSONAL DATA AS SET FORTH IN TicketIQ'S PRIVACY POLICY, TicketIQ ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY PERSONALIZATION SETTINGS. THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TicketIQ AND YOU. THE PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. EACH OF THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TicketIQ THROUGH THE PLATFORM OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. 19. Disputes If any claim, cause of action, controversy, proceeding, or other dispute arises between you and TicketIQ relating to this Agreement or the Platform (a “Dispute”), you agree to first give notice to TicketIQ and engage in good faith negotiations to attempt to resolve any such Dispute for at least 14 days, except that you or TicketIQ may skip this informal negotiation procedure for any Dispute enforcing, protecting, or concerning the validity of intellectual property rights. 20. ARBITRATION THIS SECTION TITLED “ARBITRATION” SETS FORTH THE TERMS OF AN ARBITRATION AGREEMENT BETWEEN YOU AND TicketIQ. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TicketIQ AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. 20.1 INFORMAL DISPUTE RESOLUTION. YOU AGREE TO GIVE TicketIQ AN OPPORTUNITY TO RESOLVE ANY DISPUTES INFORMALLY BY SENDING TicketIQ WRITTEN NOTICE. IF YOU ASSERT A DISPUTE AGAINST TicketIQ, YOU WILL FIRST CONTACT TicketIQ BY SENDING WRITTEN NOTICE (“CLAIMANT NOTICE”) TO [email protected]. THE CLAIMANT NOTICE MUST (I) INCLUDE YOUR NAME, ADDRESS, USER NAME (IF ANY), EMAIL ADDRESS YOU USED TO SET UP YOUR ACCOUNT (IF ANY), AND TELEPHONE NUMBER; (II) DESCRIBE THE NATURE AND BASIS OF THE DISPUTE; AND (III) SET FORTH THE SPECIFIC RELIEF SOUGHT. YOU AGREE TO GIVE TicketIQ AN OPPORTUNITY TO RESOLVE ANY DISPUTE THROUGH AN INFORMAL DISPUTE RESOLUTION PROCESS WITHIN SIXTY (60) DAYS AFTER RECEIPT OF A CLAIMANT NOTICE. IF WE CANNOT REACH AN AGREEMENT TO RESOLVE THE DISPUTE WITHIN SIXTY (60) DAYS AFTER EMAIL RECEIPT OF A CLAIMANT NOTICE, THEN YOU SHALL HAVE THE RIGHT TO SUBMIT THE DISPUTE TO BINDING ARBITRATION OR IN SMALL CLAIMS COURT AS SET FORTH BELOW. THE STATUTE OF LIMITATIONS AND ANY FILING FEE DEADLINES SHALL BE TOLLED FOR SIXTY (60) DAYS FROM THE DATE THAT EITHER YOU OR TicketIQ RECEIVE A CLAIMANT OR TicketIQ NOTICE SO THAT THE PARTIES CAN ENGAGE IN THIS INFORMAL DISPUTE RESOLUTION PROCESS. 20.2 APPLICABILITY OF ARBITRATION AGREEMENT: SUBJECT TO SECTION 20.1, YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE TicketIQ, TO ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE TicketIQ, OR TO ANY ASPECT OF YOUR RELATIONSHIP WITH TicketIQ, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT (A) YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY; AND (B) YOU OR TicketIQ MAY SEEK EQUITABLE RELIEF IN COURT FOR INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS (SUCH AS TRADEMARKS, TRADE DRESS, DOMAIN NAMES, TRADE SECRETS, COPYRIGHTS, AND PATENTS). THIS ARBITRATION AGREEMENT SHALL APPLY, WITHOUT LIMITATION, TO ALL CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS ARBITRATION AGREEMENT OR ANY PRIOR VERSION OF THIS AGREEMENT. 20.3 ARBITRATION RULES AND FORUM: SUBJECT TO SECTION 20.1, THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT. THE ARBITRATION WILL BE CONDUCTED BY JAMS, AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER. DISPUTES INVOLVING CLAIMS AND COUNTERCLAIMS UNDER $250,000, NOT INCLUSIVE OF ATTORNEYS' FEES AND INTEREST, SHALL BE SUBJECT TO JAMS'S MOST CURRENT VERSION OF THE STREAMLINED ARBITRATION RULES AND PROCEDURES AVAILABLE AT HTTP://WWW.JAMSADR.COM/RULES-STREAMLINED-ARBITRATION/; ALL OTHER CLAIMS SHALL BE SUBJECT TO JAMS'S MOST CURRENT VERSION OF THE COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, AVAILABLE AT HTTP://WWW.JAMSADR.COM/RULES-COMPREHENSIVE-ARBITRATION/. JAMS'S RULES ARE ALSO AVAILABLE AT WWW.JAMSADR.COM OR BY CALLING JAMS AT 800-352-5267. IF JAMS IS NOT AVAILABLE TO ARBITRATE, THE PARTIES WILL SELECT AN ALTERNATIVE ARBITRAL FORUM. IF THE ARBITRATOR FINDS THAT YOU CANNOT AFFORD TO PAY JAMS'S FILING, ADMINISTRATIVE, HEARING AND/OR OTHER FEES AND CANNOT OBTAIN A WAIVER FROM JAMS, TicketIQ WILL PAY THEM FOR YOU. IN ADDITION, TicketIQ WILL REIMBURSE ALL SUCH JAMS'S FILING, ADMINISTRATIVE, HEARING AND/OR OTHER FEES FOR CLAIMS TOTALING LESS THAN $10,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, OR IN PERSON IN THE COUNTRY WHERE YOU LIVE OR AT ANOTHER MUTUALLY AGREED LOCATION. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. 20.4 AUTHORITY OF ARBITRATOR: SUBJECT TO SECTION 20.1, THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO (A) DETERMINE THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION AGREEMENT AND (B) RESOLVE ANY DISPUTE RELATED TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS ARBITRATION AGREEMENT INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THIS ARBITRATION AGREEMENT IS VOID OR VOIDABLE. THE ARBITRATION WILL DECIDE THE RIGHTS AND LIABILITIES, IF ANY, OF YOU AND TicketIQ. THE ARBITRATION PROCEEDING WILL NOT BE CONSOLIDATED WITH ANY OTHER MATTERS OR JOINED WITH ANY OTHER CASES OR PARTIES. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT MOTIONS DISPOSITIVE OF ALL OR PART OF ANY CLAIM. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD MONETARY DAMAGES AND TO GRANT ANY NON-MONETARY REMEDY OR RELIEF AVAILABLE TO AN INDIVIDUAL UNDER APPLICABLE LAW, THE ARBITRAL FORUM'S RULES, AND THIS AGREEMENT (INCLUDING THE ARBITRATION AGREEMENT). THE ARBITRATOR SHALL ISSUE A WRITTEN AWARD AND STATEMENT OF DECISION DESCRIBING THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE AWARD IS BASED, INCLUDING THE CALCULATION OF ANY DAMAGES AWARDED. THE ARBITRATOR HAS THE SAME AUTHORITY TO AWARD RELIEF ON AN INDIVIDUAL BASIS THAT A JUDGE IN A COURT OF LAW WOULD HAVE. THE AWARD OF THE ARBITRATOR IS FINAL AND BINDING UPON YOU AND US. 20.5 WAIVER OF JURY TRIAL: YOU AND TicketIQ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND TicketIQ ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCESS AND, WHERE APPLICABLE, ARBITRATION UNDER THIS ARBITRATION AGREEMENT, EXCEPT AS SPECIFIED IN SECTION 20.2 ABOVE. AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THIS AGREEMENT AS A COURT WOULD. HOWEVER, THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS SUBJECT TO VERY LIMITED REVIEW. 20.6 WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. IF A DECISION IS ISSUED STATING THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS SUBSECTION'S LIMITATIONS AS TO A GIVEN CLAIM FOR RELIEF, THAN THAT CLAIM MUST BE SEVERED FROM THE ARBITRATION AND BROUGHT INTO THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK. ALL OTHER CLAIMS SHALL BE ARBITRATED. 20.7 30-DAY RIGHT TO OPT OUT: YOU HAVE THE RIGHT TO OPT OUT OF THE PROVISIONS OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO THE FOLLOWING ADDRESS: TicketIQ LEGAL DEPARTMENT, 225 W 34TH ST, STE 1708, NEW YORK, NY 10122, WITHIN 30 DAYS AFTER FIRST BECOMING SUBJECT TO THIS ARBITRATION AGREEMENT. YOUR NOTICE MUST INCLUDE YOUR NAME AND ADDRESS, YOUR TicketIQ USERNAME (IF ANY), THE EMAIL ADDRESS YOU USED TO SET UP YOUR TicketIQ ACCOUNT (IF YOU HAVE ONE), AND AN UNEQUIVOCAL STATEMENT THAT YOU WANT TO OPT OUT OF THIS ARBITRATION AGREEMENT. IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT, ALL OTHER PARTS OF THIS AGREEMENT WILL CONTINUE TO APPLY TO YOU. OPTING OUT OF THIS ARBITRATION AGREEMENT HAS NO EFFECT ON ANY OTHER ARBITRATION AGREEMENTS THAT YOU MAY CURRENTLY HAVE, OR MAY ENTER IN THE FUTURE, WITH US. 20.8 SEVERABILITY: EXCEPT AS PROVIDED IN SUBSECTION 20.6, IF ANY PART OR PARTS OF THIS ARBITRATION AGREEMENT ARE FOUND UNDER THE LAW TO BE INVALID OR UNENFORCEABLE, THEN SUCH SPECIFIC PART OR PARTS SHALL BE OF NO FORCE AND EFFECT AND SHALL BE SEVERED AND THE REMAINDER OF THE ARBITRATION AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT. 20.9 SURVIVAL OF AGREEMENT: THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH TicketIQ. 20.10 MODIFICATION: NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, WE AGREE THAT IF TicketIQ MAKES ANY FUTURE MATERIAL CHANGE TO THIS ARBITRATION AGREEMENT, YOU MAY REJECT THAT CHANGE WITHIN THIRTY (30) DAYS OF SUCH CHANGE BECOMING EFFECTIVE BY WRITING TicketIQ AT THE FOLLOWING ADDRESS: TicketIQ LEGAL DEPARTMENT, 225 W 34TH ST, STE 1708, NEW YORK, NY 10122. 21. Claims of Copyright Infringement on the Platform It is TicketIQ's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, TicketIQ will respond expeditiously to claims of copyright infringement committed using the Site that are reported to TicketIQ's Designated Copyright Agent, identified below. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by completing the following DMCA Notice of Alleged Infringement ("Notice") and delivering it to TicketIQ's Designated Copyright Agent. Upon receipt of the Notice as described below, TicketIQ will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Platform. If TicketIQ removes or disables access to content in response to a Notice, we may notify the user with details about the Notice so that they can submit a counter-notice. TicketIQ may also send a complete copy of the Notice to users where appropriate. You can submit a Notice by sending the following information to our Designated Copyright Agent: 1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify (A) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the website where such material may be found, and (B) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the website where such reference or link may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature. If the work you identified is an image, you can ask TicketIQ to remove all copies of the image identified in your request by clearly specifying in the beginning of your email that you are requesting that TicketIQ "remove all User Content containing the image". Please note that only identical copies of the image file can be removed by this function. If an image file has been re-sized or altered in any other way, then it cannot be detected or removed through this function. Deliver this Notice, with all items completed, to TicketIQ's Designated Copyright Agent:
TicketIQ Copyright Agent
225 W 34TH ST, STE 1708
New York, NY 10122
Telephone +1 845-538-4567
Email: [email protected]
Note: This email address should only be used for copyright complaints. If you need to contact TicketIQ for any other reason, please email us at [email protected]. If you receive a notification that your User Content has been removed due a copyright complaint, it means that the User Content has been deleted from TicketIQ at the request of the content's owner. If you want us to forward the information from the Copyright Complaint notification, contact us at [email protected] and we will provide you with this information (though we may remove personal contact information where appropriate). If your account receives too many copyright complaints, you may lose the ability to submit User Content on TicketIQ, and your account may be disabled completely. If you believe User Content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will remove the complaint from your account's record. Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error and understand the repercussions of submitting a false claim. How to File a Counter-Notice: TicketIQ is neither affiliated with or sponsored by the NBA, NFL, MLB, NHL, or any NBA, NFL, MLB, or NHL team. All product and company names that can be seen herein are trademarks or registered trademarks of their respective holders and are not otherwise associated with TicketIQ. Major League Baseball trademarks and copyrights are used with permission of Major League Baseball. Visit MLB.com. 22. ADA Terms & Conditions Tickets for accessible seats (i.e., seats to accommodate wheelchairs and companion seats) are intended solely for individuals with disabilities and their companions. By purchasing a ticket for an accessible seat, you represent and warrant that either you and/or one or more of your companions require the accessible seat features. TicketIQ reserves the right to investigate and/or cancel orders if there is any suspected misuse of accessible seating and take legal action against individuals who fraudulently purchase tickets for accessible seats. In addition, the venue where the event will take place may redirect you and your party to non-accessible seats if you do not require such accommodations. Clicking on the 'Continue to Checkout' button, 'Continue' button, or otherwise purchasing accessible seats shall certify your assent to these terms. 23. Miscellaneous This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification, or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of TicketIQ, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights, or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each section of this Agreement is for reference purposes only and in no way defines, limits, construes, or describes the scope or extent of such section. TicketIQ shall not be in breach of, or otherwise liable in connection with, this Agreement for delay or failure in performing its obligations by reason of any cause beyond TicketIQ’s reasonable control, including, without limitation, acts of nature, war, natural disaster, governmental regulations or any executive, administrative or judicial order, terrorism, communication or utility failures or casualties, the failures or acts of third parties, fire, earthquake, flood, epidemic, pandemic, accident, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, any failure or delay of any transportation, power or communications system, or any other similar cause. 24. Governing Law The terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.
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