Please review these Terms carefully.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU (AS WELL AS THE BELOW NAMED COMPANY AND VENDOR) ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
1. Introduction. Please read these terms (as may be amended from time to time, these "Terms") carefully. These Terms govern all aspects of this website ("Website"). This Website is owned by Internet Referral Services, LLC ("Company") and is operated in part by Company and in part by a third-party ("Vendor") that provides a platform to Company as part of the services that allows third-party ticket resellers (each a "Ticket Reseller" and collectively "Ticket Resellers") to list tickets for sale through the platform. When you select a ticket listing on the website, you will check out on a page that is hosted and operated by Vendor. Vendor also provides the following services to the Company: processing orders, verifying order details and confirming validity of payment information, charging your credit or debit card, coordinating delivery, and customer service.
These Terms collectively refer to Company and Vendor as "we", "our", or "us".
We do not own the tickets listed on Website. We are not the seller or reseller of the tickets.
If you do not accept these Terms or you do not meet or comply with its provisions, you may not use this Website or any services offered through this Website.
These Terms are effective as of November 16, 2022.
2. Disclaimer of Affiliation with Box Office. We are not the official box office, any venue's licensed ticket agent, or affiliated in any way with any venue, promoter, team, league or organizing group, nor are any of us associated with any official organizer of the events for which tickets are listed on this Website.
3. Binding Agreement. By using this Website, you accept these Terms and agree that they are binding upon you. You represent that: (i) you are legally able to enter into this binding contract; (ii) you are not a resident or citizen of Quebec or Nevada; (ii) if you are between the ages of 13 and 17, you are purchasing tickets under the supervision of and with the consent of a parent or guardian; and (iii) you will not use (or plan, encourage or help others to use) this Website for any purpose or in any manner that is prohibited by these Terms or by applicable law. If you are under the age of 13, you are prohibited from using this Website. If you are a resident or citizen of Quebec or Nevada, you are prohibited from using this Website. It is your responsibility to ensure that your use of this Website complies with these Terms and all applicable laws.
4. Changes in Terms. We may update these Terms, at our sole discretion, from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms to the Website. Any such changes will not apply to any dispute arising prior to the date on which the revised Terms were posted on the Website incorporating such changes or you were otherwise notified of such changes. You agree that it is your responsibility to regularly check the Terms for any update. Your continued use of this Website following our posting of the revised Terms constitutes your acceptance of the revised Terms. The "These Terms are effective as of" notice above indicates when these Terms were last changed.
5. Key Sales Terms. We would like to emphasize the following key sales terms:
6. Ordering Tickets. Once you have selected tickets for purchase, you will fill out and submit the information requested on this Website, which constitutes an order. This order is an irrevocable offer to purchase the tickets that remains outstanding for the shorter of the Ticket Reseller's acceptance of the order or 30 days from the date that you submit the order. 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 promptly after you place your order. Neither of these actions complete the sale. Rather, a completed sale is dependent on the Ticket Reseller's acceptance of the order and notice of confirmation to you that the order is accepted. Upon the Ticket Reseller's acceptance of the order, your credit or debit card used in placing the order will be charged. 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 Vendor's platform and are displayed on this Website. We are not able to confirm the veracity or conformity of every order. We are not responsible for typographical errors within the ticket inventory listed for sale. When an error is found in processing your order, you will be notified of the error and provided with available options, including the option of cancelling your order.
7. One Hundred Percent Guarantee. The 100% Guarantee means (i) that your transaction will be safe and secure, (ii) the tickets will be delivered prior to the event, (iii) the tickets will be identical, comparable, or better than the tickets you ordered, and (iv) the tickets will be valid and authentic. Your only recourse under this 100% Guarantee is compensation of the purchase price (including delivery charges, less possible restocking fees), in the form of credit for use on a future purchase or as a cash refund, as determined at our sole discretion except where prohibited by law. Please note that insurance costs will not be refunded and Item 12 below addresses canceled and postponed events.
8. Event Dates and Times Subject to Change. 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 the entity putting on the event may require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond our control. You agree that we will not be liable or responsible for any such change and will not be obligated to provide a credit or any other compensation in the event such a change occurs.
9. Denial of Admission. If you have difficulty getting into an event that occurs using the ticket you purchased from a Ticket Reseller, you are required to contact Vendor at 1-844-544-4036 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 failed to provide you entry, or if Vendor otherwise determines in Vendor's sole discretion that the ticket was invalid, your sole remedy will be to receive a full refund of the price charged for the ticket and all service charges and delivery fees. Insurance costs will not be refunded.
Due to public health safeguards required by COVID-19 pandemic, your tickets and admission to the event are subject to all safety and health policies required by the venue where you will attend the event. You agree that, as deemed necessary by the venue, the venue may continue to develop and update these policies between the time that your purchase occurs and the event date. By using tickets, you agree that you will comply with such policies and your attendance at the event is conditioned on such compliance. If your admission to the event is denied or revoked because you have willfully failed or refused to comply with any such safety and health policies of the venue, you will not be eligible for any compensation from Company or Vendor.
10. 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 tickets. Please note that direct sunlight or heat can damage certain types of tickets. If you request that we submit a request to the Ticket Reseller for a re-issue of tickets, your credit or debit card will be charged a reissue fee of 15% of the order total (ticket price, service charges and delivery fees), up to a maximum of $200.00. If the Ticket Reseller is unable to re-issue the tickets, you will be refunded this 15% reissue fee.
11. Orders Fulfilled with Comparable or Upgraded Tickets. We reserve the right to replace tickets that you offered to purchase or ordered on this Website with comparable or upgraded tickets. When this occurs, we will be deemed to have fulfilled our obligations under these Terms. Determinations of "comparable" and "upgraded" are made at Vendor's reasonable discretion. Should we fail to cause the delivery of any confirmed ticket purchase, our sole obligation or liability shall be limited, unless otherwise required by applicable law, to the return by Vendor of the ticket price, service charges, and delivery fees paid by you with respect to the undelivered ticket. Unless otherwise prohibited by applicable law, we reserve the right to cancel your order at any time for any reason, in which event we will provide you a full refund of the price paid for the ticket and all services charges and delivery fees. Insurance costs are not refundable. Due to the large volume of Ticket Resellers listing tickets on this Website, locations, descriptions and pricing of similar or equal tickets may vary. It is your responsibility to verify any possible inconsistency or discrepancy in the ticket location, description and/or price by calling Vendor at 1-844-544-4036 before the order is placed.
12. Canceled and Postponed Events. All sales are final. Unless otherwise required by applicable law, postponed or rescheduled events will not be refunded. Vendor, in its sole discretion, will determine when an event is canceled. If your event is canceled, you will be sent notice of the cancellation. If you return your tickets within 14 days after our notice was sent that the event is canceled, we will provide you with a credit for the purchase price (inclusive of the ticket price, service charges and delivery fees paid by you) for use on a future purchase (except we may, in our sole discretion and in lieu of a credit, choose to provide you with a cash refund of this amount). No credit or cash refund will be made unless you return your tickets within 14 days after our notice was sent that the event is canceled.
If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 or a similar public health crisis, 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 canceled in its entirety. In the event that we deem an event canceled in its entirety based on a reduction in capacity: (i) all outstanding orders for such event will be canceled; and (ii) the event will be reposted for sale with the adjusted capacity and known restrictions. Any buyers whose tickets have been canceled pursuant to this paragraph shall receive compensation for such cancellation as described above.
13. 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 typically will be shipped via UPS. Tickets may not ship out immediately. In all cases, we reserve 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 our sole discretion, Will Call at the venue box office, email (when applicable), or courier or pick up at a location outside the venue designated by Vendor. 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 Ticket Reseller. It is your responsibility to contact us if you do not receive your tickets within 48 hours before 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, or except as otherwise required by applicable law.
14. Payment Options. As a buyer, you grant Vendor permission to charge your credit or debit card for the purchase of tickets. Visa, Mastercard, Discover, American Express and PayPal are valid payment methods for purchasing tickets.
15. 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 fines and legal or other expenses associated therewith. Further, should any violation by you result in the loss of the Ticket Reseller's or an original ticket holder'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 liable for all costs, expenses and losses associated with such loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
16. Unlawful Activity. We prohibit the use of this Website for any unlawful conduct. You agree to comply with all applicable local, state, federal and international laws, ordinances and regulations. Without limiting the foregoing, by using this Website, you agree not to use any false personal information or use an invalid or unauthorized credit or debit card and you agree not to use or permit anyone to use information provided through this Website for any unlawful or unauthorized purpose.
17. 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 us. You agree to cooperate fully in such investigation, including, but not limited to, providing any and all information demanded by Vendor and/or Company. If either Vendor or Company finds, in its sole discretion, that 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 we are unable to authenticate or verify, we may take any action that either of us deems appropriate in its sole discretion, including, but not limited to, canceling orders, issuing a warning, blocking your access to this Website, preventing you from finalizing pending transactions, or exercising any other remedy available to us (including civil, criminal, injunctive or other equitable relief). 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 Vendor or Company believes, in its sole discretion, may in any way violate any applicable local, state, federal or international law.
18. Copyright Complaints.
18.1 Complaints: Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act, Company will respond to claims of copyright infringement committed using the Website and/or the Company's services. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify Company's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing ("Notice"):
The above information must be submitted to the following DMCA Agent:
Attn: Legal Department Copyright Complaints
Internet Referral Services, LLC
Address: 16192 Coastal Hwy, Lewes, DE 19958
Email: [email protected]
Please Note: This address is a mailing contact address only, and not the physical location for this website. If you have customer service questions please call 1-844-544-4036 or contact via the contact page.
Upon receipt of the Notice, Company will take whatever action, in its sole discretion, it deems appropriate under the DMCA and other applicable intellectual property laws, including removal of the allegedly infringing content from the Website. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your complaint may not be effective.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
18.2 Providing Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the copyright agent for notice identified above in these Terms. Such counter-notification should be a written or electronic communication that includes all of the information contained in Section 512(c)(3) of the DMCA, as described above in these Terms.
19. License; Vendor and Company's Intellectual Property Rights.
19.1 License: This Website, including Vendor's ticketing platform and all software, databases, trademarks, logos, service marks, content, proprietary information and materials (and any intellectual property and other rights relating thereto) (individually and collectively, "Our Property") on this Website is owned or licensed by Company or Vendor, as applicable, and will remain the property of the same and is protected by U.S. and international copyright laws. We hereby grant you a limited, terminable, non-exclusive right to access and use this Website to view tickets, to order tickets, and to otherwise process your ticket transactions. You acknowledge and agree that you do not acquire any ownership or licensing rights by using this Website.
19.2 Restrictions on Intellectual Property: You agree that you are only authorized to visit, view and to retain a copy of pages of this Website for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Website for any purpose other than to review event and promotional information, for personal use, or to order tickets for your personal use, unless otherwise specifically authorized by Company or Vendor to do so. You may not use any robot, spider, scraper, offline reader, site search/retrieval application or other manual or automatic device, tool or process to retrieve or in any way reproduce, circumvent, or interfere with this Website or its contents. You may not submit any software or other materials that contain any viruses, worms, Trojan horses, defects, data bombs, time bombs, or other items of a destructive nature. Your use of this Website is a privilege and Company and Vendor each reserve the right to suspend or terminate that privilege for any reason at any time, in our sole discretion. You may not use any of Our Property in connection with any product or service that is not offered on this Website or by Vendor or Company or any Ticket Reseller in any manner that is likely to cause confusion with respect to Vendor's or Company's business conducted on this Website, as applicable, or in any manner that disparages this Website, Company or Vendor. Nothing contained on this Website 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 the Company or Vendor, as applicable. The violation of any applicable intellectual property laws or the unauthorized use of this Website or Our Property in any form by any means without the specific consent of Company or Vendor, as applicable, may give rise to civil and/or criminal penalties. Company, Vendor, and our respective affiliates do not warrant or represent that your use of Our Property will not infringe the rights of third parties.
19.3 Content:You may choose to make postings, such as testimonials, customer reviews, comments, or other content ("Content") on this Website. You retain whatever legal right, title, and interest that you may have in the content that you post on the Website and you remain ultimately responsible for it. However, you hereby grant to us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use any Content that you create or post in any manner, as we see fit, including for advertising, marketing, or promotional purposes and we may choose whether to attribute such Content to you when we use it. Any such Content that you choose to post on the Website, including information about you such as your name or your photo or likeness, will be publicly available for viewing and potential use by others.
20. Indemnification. You agree to indemnify, defend and hold the Company and Vendor, and each of their shareholders, officers, directors, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives (all such parties, collectively the "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 this Website infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, county or other local tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of either Vendor or Company; (d) your acts or omissions in connection with your use of this Website; 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.
21. Disclaimers and Limitations on Liability:
21.1 No Warranty: EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THIS WEBSITE, THE MATERIALS ON THIS WEBSITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH USAGE OF TRADE. NEITHER COMPANY NOR VENDOR WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND YOUR RELIANCE THEREON. NEITHER COMPANY NOR VENDOR IS RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21.2 Limitation of Liability: NEITHER VENDOR NOR COMPANY 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 (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 THIS WEBSITE, THE MATERIALS ON THIS WEBSITE OR ANY TICKET OR SERVICE OBTAINED THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NONE OF VENDOR, COMPANY OR ANY OTHER INDEMNIFIED PARTY SHALL HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER OF THIS WEBSITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF VENDOR, COMPANY, OR THIS WEBSITE; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE; (V) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY; (VI) 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 THIS WEBSITE; AND/OR (VII) ANY LOST, STOLEN OR DAMAGED TICKETS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOU AGREE THAT IF VENDOR OR COMPANY ARE FOUND TO BE LIABLE, COMPANY'S AND VENDOR'S AND THEIR RESPECTIVE INDEMNIFIED PARTIES' LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATEST OF (A) ANY AMOUNTS DUE UNDER THE 100% GUARANTEE, IF APPLICABLE, (B) THE AMOUNT OF SERVICE CHARGES OR DELIVERY FEES IN DISPUTE NOT TO EXCEED THE TOTAL SERVICE CHARGES AND DELIVERY FEES PAID BY YOU IN THE TRANSACTION, OR (C) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
22. Disputed Charges: In the event that you dispute a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, we have the right to seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings. We may also mitigate our damages by relisting and selling, as the case may be, the tickets that are the subject of the underlying payment dispute.
23. Dispute Resolution:
23.1 Arbitration and Waiver of Trial by Jury: You, on the one hand, and Company and Vendor, on the other hand, each agree that any and all disputes, controversies, or claims arising out of or relating to: (i) these Terms; (ii) your use of or access to this Website; (iii) Company's and Vendor 's services; or (iv) any tickets or other items viewed through this Website shall be resolved exclusively through final and binding arbitration in Chicago, Illinois, rather than in court. SPECIFICALLY, YOU HEREBY AGREE TO WAIVE ALL RIGHTS AND CLAIMS TO A TRIAL BY JURY. The Federal Arbitration Act governs the interpretation and enforcement of these Terms to arbitrate. Customer satisfaction is our number one goal. To that end, we are committed to resolving disputes with you in a fair and efficient manner. Prior to commencing any arbitration related to this Agreement, you agree that if you have a dispute with Company or Vendor, you must first contact Vendor's Customer Service Department at 1-844-544-4036. If Vendor's Customer Service Department is unable to achieve a satisfactory resolution, then you must notify Company in writing of your claim, which notice must include a reasonably detailed description of your claim, by certified mail to Internet Referral Services, LLC, Attn: Legal Department, Arbitration Inquiries, 16192 Coastal Hwy, Lewes, DE 19958. (Please Note: This address is a mailing contact address only, and not the physical location for this website. If you have customer service questions please call 1-844-544-4036 or contact via the contact page.) It is important that you provide as much information as possible. A representative will respond within thirty (30) days after receiving this notice. If the matter is not resolved to your satisfaction, then you agree to begin arbitration by submitting a Demand for Arbitration to the American Arbitration Association ("AAA"). You further agree that exclusive jurisdiction for any such arbitration will be Chicago, Illinois. The Demand for Arbitration and the AAA's rules are available at www.adr.org. 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 interpretation, applicability, enforceability or of these Terms, including, but not limited to, any claim that all or any part of this agreement to arbitrate on these terms is void or voidable. The arbitrator will decide the substance of all claims in accordance with the laws of the state of Illinois. The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in a court having jurisdiction thereof.
23.2 Arbitration Rejection: You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within thirty (30) days after the date that you first accessed this Website. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with Company and Vendor through arbitration. Written notification should be mailed by certified mail to: Internet Referral Services, LLC, Attn: Legal Department, Arbitration Inquiries, 16192 Coastal Hwy, Lewes, DE 19958. Please Note: This address is a mailing contact address only, and not the physical location for this website. If you have customer service questions please call 1-844-544-4036 or contact via the contact page.
23.3 Class Action Waiver: YOU, ON THE ONE HAND, AND COMPANY AND VENDOR, ON THE OTHER HAND, AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND COMPANY AND VENDOR ACKNOWLEDGE AND AGREE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT WEBSITE USERS.
23.4 Arbitration Fees: Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, Company and/or Vendor (whomever is the subject of the arbitration) will pay all filing, administrative and arbitrator fees associated with the arbitration. Any request for payment of fees by Company or Vendor must be submitted by mail to the AAA along with the Demand for Arbitration. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse Company and/or Vendor, as the case may be, for all fees associated with the arbitration paid by Company and/or Vendor, as the case may be.
24. Modification and Access. We have the right, in our sole discretion, to modify, suspend or discontinue any part of this Website at any time, with or without notice, as applicable. Further, in our sole discretion, with or without cause, and without prior notice, we may terminate your access to this Website.
25. Force Majeure: We shall not be deemed in default or otherwise liable under these Terms due to our inability to perform our obligations by reason of a Force Majeure Event. For purposes of these Terms, "Force Majeure Event" means any event or circumstance, whether or not foreseeable, that was not caused by us or under our reasonable control, including without limitation any act of God, government shutdown, fire, earthquake, substantial snowstorm, flood, epidemic, pandemic, 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.
26. Tax: You are responsible for paying any sales taxes that may be applicable on your transactions effected through this Website.
27. General Provisions. These Terms, the use of this Website, including Vendor's ticketing platform, and any sale of tickets hereunder will be governed by the laws of the State of Illinois, without reference to conflict of law principles. These Terms contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied. No agency, partnership, joint venture or other relationship is intended or created by your use of this Website. If any provision of these Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law. The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.
Last Updated: November 16, 2022
1. What personal information do we collect and how is it disclosed?
Personal information, as used herein, means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. When using this Website, you may be required to provide personal information to us. The following are categories of personal information we collect from you when you use the Website.
|Categories of Information Collected
|Sources of Information Collected
|Purpose of Collection
|Third Party Disclosure For Business Purpose
Automatically from your devices when you interact with the Website
To confirm your identity
To approximate your geolocation.
To provide location-based marketing and services
Personal information does not include publicly available information. For purposes of this paragraph, "publicly available" means information that is lawfully made available from federal, state, or local government records. We use publicly available information to verify identity and detect and prevent fraud.
In addition to the table above, we will collect and process information about you in the following situations:
2. Choices Regarding Your Personal Information and Opting Out.
You can make the following choices to opt out of certain activities regarding your personal information:
3. Third-Party Tracking and Do Not Track Signals.
A cookie is a small text file that is stored on a user's computer for record-keeping purposes.
On our Website, we use the following types of cookies and similar tracking technologies:
You can block or disable cookies or other tracking technologies on your device at any time by changing your preferences or options menus in your browser. You can also reject or delete the cookies that are stored on your device. However, blocking, disabling, or deleting cookies may limit your ability to view all the pages on our Website. Each browser provides different mechanisms for managing cookies. Look at your browser's help menu to determine the best way to modify your browser's cookie storage. You can usually find these settings in the "Options" or "Preferences" menu of your browser. You can use the "Help" or similar option in your browser for more details. You can still use our Website if you block or delete our cookies, but your ability to access certain Website features may be limited. To find out more about cookies, including how to see what cookies have been set and how to block and delete cookies, please visit: https://www.aboutcookies.org/.
Links to Third Party Sites.
6. How do you protect my personal information?
We take security of your personal information seriously. We are committed to maintaining the confidentiality, integrity, and security of your personal information and take precautions to protect it. It is our policy to use reasonable and appropriate administrative, technical, and physical safeguards to protect information we have about you from loss, theft, and unauthorized use, access, modification, or destruction. We periodically review our established policies and procedures to ensure that they are appropriate and effective at meeting our commitment to our community, our customers, and ourselves. We also require third-party service providers acting on our behalf or with whom we share your information to maintain security measures consistent with applicable regulatory compliance requirements.
Notwithstanding these security safeguards, it is impossible to guarantee absolute security in all situations. If you have any questions about the security of our ticketing services, please contact us as described in the "Contact Us" section. For your own online security, please do not send any other confidential personal information to us via email or through the contact form on our Website.
7. California residents
If you are a California resident, pursuant to the California Consumer Protection Act (CCPA), you have the right to request:
We do not sell or disclose your personal information to third parties for valuable consideration.
To submit a request for information, send an email with the subject heading "California Privacy Rights" to [email protected] or call 1-844-544-4036. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by these California privacy rights requirements and only information on covered sharing will be included in our response. This request may be made no more than once per calendar year.
8. Exercising Your Privacy Rights.
Please note that your request may be limited in certain cases, for example if complying with your request would conflict with:
9. Children's Privacy.
This Website is intended for general audiences. In accordance with the Children's Online Privacy Protection Act, in the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any personal information from or about your child, please contact us at the address below.
10. Transfer of Personal Information to the United States.
The Website is operated in the United States. The privacy and data protection laws in the United States differ from those of other countries. If you are located outside of the United States, please be aware that the personal information that we collect will be transferred to and processed, stored, and used in the United States, and that by using our Website and applications, you consent to such transfers and processing.
11. How do I exercise my rights in my personal information?
Except as required or requested by you pursuant to applicable law, we will retain your personal information indefinitely. Subject to applicable law, if you want to access, delete, or correct the personal information about you that we have, please write to the address below or contact us at privacypolicy@Seats.com. Notwithstanding that you may request that we no longer use your personal information to provide you services, we may continue to retain and use certain information for analytical purposes and as necessary to comply with our respective legal obligations, investigate claims, resolve disputes, and enforce our agreements.
12. How can I give you feedback or contact you?
You may contact us at:
Internet Referral Services, LLC
16192 Coastal Hwy
Lewes, DE 19958
Please Note: This address is a mailing contact address only, and not the physical location for this website. If you have customer service questions please call 1-844-544-4036 or contact via the contact page.
13. Disabilities. This Policy is available to consumers with disabilities. To access this Policy in an alternative downloadable format, please click here.