Policies and terms of use
The following Policies and Terms of Use ("Terms" or "Agreement") are designed to ensure your understanding of the use of this website ("Site") and your purchase of any ticket listed on this Site. By using or visiting this Site, or purchasing tickets listed on this Site, you expressly agree to abide and be bound by and follow these Terms as well as all applicable laws, ordinances and regulations. You represent that you are legally able to enter into this binding contract and if you are under 18, that you are purchasing tickets under the supervision of a parent or guardian. The Terms include the following provisions:
- All orders placed on this Site are considered requests until you receive confirmation of the availability of the tickets.
- All sales are final; there are no cancellations, returns, or exchanges.
- If an event is canceled, you will be fully compensated. If an event is postponed or rescheduled, your order will not qualify for compensation and your tickets will be valid for the rescheduled date.
- Ticket prices may be above the "face value" listed on the ticket (they may also be below the "face value").
- Confirmed orders may be filled with comparable or upgraded tickets.
- When you purchase a ticket, you receive a 100% Buyer Guarantee, as detailed below.
- If, for reasons of maintaining social distancing or other safety reasons related to the covid19 pandemic, venue security or other personnel relocate you to a location within the venue that is different from the seating location that you had purchased from us, such relocation will not qualify you for a refund or for other compensation.
Processing Services:
This Site utilizes a Service Provider ("Service Provider"). Service Provider has a platform that it licenses to the Site owner and performs services related to your purchase. These services include, but are not limited to: (i) processing orders, (ii) verifying order details and confirming validity of payment information, (iii) charging your credit or debit card, and (iv) coordinating the delivery of purchased tickets. Service Provider does not design or market the Site and its sole relationship with the Site owner is that of independent contractor. Service Provider and Site shall collectively be referred to as "We" within these Terms.
Ticket Purchase Policy:
Purchasing:
When you find desirable tickets and wish to purchase them, you fill out and submit the information requested on the Site, which constitutes an order. This order is an offer to purchase the tickets. 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 seller's acceptance of the order and notice of confirmation to you that the order is accepted. Upon the seller's acceptance of the order, your credit or debit card used in placing the order will be charged. Please note that the price you pay may be higher than the face value of the tickets. A large number of ticket resellers list their tickets on the Site and we are not responsible for typographical errors within the 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.
Ticket Purchase Policy:
Service Provider reserves the right to replace tickets with comparable or upgraded tickets. When this occurs, we shall be considered to have fulfilled our obligations under these terms. Definitions of "comparable" and "upgraded" are made at our reasonable discretion. Should we fail to deliver any confirmed ticket purchase, our sole obligation or liability shall be limited, unless otherwise required by law, to the return of any payment made by you in relation to the undelivered ticket. We reserve the right to cancel and refund your order at any time for any reason.
Due to the large volume of ticket sellers listing tickets, locations, descriptions and pricing of similar or equal tickets may vary. It is the purchaser's responsibility to verify any possible inconsistency or discrepancy in the ticket location, description and/or price by calling Service Provider at 877-582-9246 before the order is placed.
100% Buyer Guarantee
The 100% Buyer Guarantee means that your transaction will be safe and secure, the tickets shall be delivered prior to the event, the tickets shall be identical, comparable, or better than the tickets you ordered, and the tickets shall be valid and authentic. Your only recourse under the 100% Buyer Guarantee is the return of any payment made in relation to the tickets.
Refund Policy:
All sales are final. If an event is canceled, we will refund the purchase price (including delivery charges, less possible restocking fees), or will issue a credit for use on a future purchase, as determined in our sole discretion (unless otherwise required by applicable law). To qualify for compensation, you must return your tickets as soon as possible, but within ten (10) business days after you receive notice offering compensation. No refunds or other compensation will be given without the original tickets, unless otherwise determined by us in our sole discretion. Postponed or rescheduled events will not be refunded. We will determine, in our sole discretion, when an event is canceled.
If, for reasons of maintaining social distancing or other safety reasons related to the covid19 pandemic, the entity putting on the event has announced a seating or attendee capacity reduction of greater than 15%, then, at our sole option, we reserve the right to cancel tickets for seating locations eliminated by the venue or to deem such event cancelled in its entirety. In the event that we deem an event cancelled in its entirety based on a reduction in capacity: (i) all outstanding orders for such event will be cancelled; and (ii) the event will be reposted for sale with the adjusted capacity and known restrictions. Any buyers whose tickets have been cancelled pursuant to this paragraph shall receive compensation for such cancellation as described above.
Event Dates and Times:
Event date, times, venue and subject matter may change. We are not always notified of such changes. It is your responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event. In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond our control. We shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation in the event such a change occurs.
Denial of Admission:
If you have difficulty getting into an event using the ticket you purchased from us, you are required to contact us at 877-582-9246 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 we otherwise determine in our sole discretion that the ticket was invalid, your sole remedy will be to receive a full refund of the cost of the ticket including all fees and delivery charges.
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 PremiumSeating.com.
Delivery of Tickets:
In most cases, tickets will be delivered by the method and timeframe designated in the ticket listing. Photo ID may be required to accept delivery. For listings with no designated delivery method, tickets will typically be shipped via our preferred carrier, UPS. Tickets may not ship out immediately. In all cases, Service Provider reserves the right to deliver tickets for any order as late as one (1) hour prior to the event. Valid delivery services on the day of the event may include, in Service Provider's sole discretion, Will Call at the venue box office, email (when applicable), courier or pick up at a location outside the venue designated by Service Provider. Delivery designations, such as "e-Tickets" or "Instant Download", do not constitute guarantees of delivery any sooner than the day of the event. Typically such tickets will be delivered as designated. However, in some cases, delivery may first require additional verification or be subject to delays on behalf of the seller. It is your responsibility to contact us if you do not receive tickets within 48 hours of the event. Failure to do so may disqualify you from receiving a refund for any ticket you claim was not delivered, unless failure to receive notice is waived by us in our sole discretion.
Lost, Stolen, or Damaged Tickets
Please keep your tickets in a safe place. We are not responsible for lost, stolen, damaged or destroyed tickets and are under no obligation, and, in many instances, are not able, to replace the tickets. Please note that direct sunlight or heat can damage certain types of tickets.
If you would like us to submit a request to the seller for a re-issue of tickets, the reissue fee is 15% of the order total (maximum of $200.00). If the seller is unable to receive the re-issue of the tickets, you will be refunded the reissue fee.
Payment Options:
As a buyer, you grant Service Provider 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.
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 result in the loss of the ticket seller's season ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you shall be held liable for all reasonable costs, expenses and losses associated with said loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
Disclaimer:
Neither Site nor Service Provider is the official box office, or affiliated in any way with any venue, promoter, team, league or organizing group. Neither Site nor Service Provider is associated with any official organizer of the events for which tickets are listed. Rather, Site is an independent marketplace for the sale of event tickets on the secondary market and Service Provider is the platform and service provider related to secondary marketplace sales.
Changes in Terms and Conditions:
We reserve the right, in our sole discretion, to change these Terms at any time. If we change any term or condition, said modification, revision and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this site. Your continued use of the site following our posting of revised terms and conditions constitute your acceptance of the revised agreement.
Unlawful Activity:
We prohibit the use of the Site for any unlawful conduct. All users must comply with all local, state, federal and international laws, ordinances and regulations. By using this Site, you agree not to use any false personal information or use an invalid or unauthorized credit or debit card. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose.
Investigations and Consequences:
A purchaser who is the subject of a complaint or whom we believe may have violated these Terms or applicable law will be subject to investigation by Service Provider. You agree to cooperate fully in such investigation including, but not limited to, providing any and all information demanded by Service Provider. If Service Provider finds, in its sole discretion, a user: (a) is unwilling to cooperate with any investigation; (b) has engaged in any illegal, unlawful or fraudulent conduct or otherwise violated these Terms or applicable law or has acted in concert with anyone so engaged; or (c) has provided information that Service Provider is unable to authenticate or verify, Service Provider may take any action it deems appropriate, including, but not limited to, canceling orders, issuing a warning, blocking your access to the Site, preventing you from finalizing pending transactions, or exercising any other remedy available to us (including civil, criminal or injunctive redress). You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms and may be difficult to ascertain or calculate and you consent to injunctive or other equitable relief for such violations.
We reserve the right to report to appropriate law enforcement authorities or other relevant third parties any activity that either Service Provider or Site believes, in its sole discretion, may in any way violate any local, state, federal or international law.
Intellectual Property:
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached at: PremiumSeating.com, Attn: Legal Department: Copyright Complaints, 30 N. Gould St, Ste 4277, Sheridan, WY, 82801.
Ownership:
The Site and Service Provider's platform, including all Site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) ("Our Property") is owned or licensed by Site and/or Service Provider and will remain the property of the same. You acknowledge and agree that you do not acquire any ownership or licensing rights by using the site. You may not use any of our Property in connection with any product or service that is not offered by Site or Service Provider in any manner that is likely to cause confusion with respect to Service Provider's or Site's business, or in any manner that disparages Site or Service Provider. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Our Property without the express written permission of Site or Service Provider.The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
Privacy:
Your access to this Site and all communications between you and us are subject to the privacy policy found here. You can browse this Site without revealing your personal information. However, most of our services require you to provide personal information. By providing personal information, you expressly consent to the collection, use, disclosure and retention of your personal information as further described in the privacy policy. The Privacy Policy covers the treatment of personal or personally identifiable information by Service Provider that may be collected when you are on the Site and when you use the Site's services. Except as otherwise expressly included herein or in the privacy policy, Service Provider does not control the privacy policies of third parties and you are subject to the privacy policies of those third parties where applicable.
When you use this site to browse, search for and/or buy tickets, you are utilizing a platform developed and owned by a third party ("Provider" and "We" or "we") and are subject to this privacy policy.
From time to time, we may choose to change this privacy policy. When that occurs, we will post the changes to this privacy policy so that you are aware of what information is collected, how it is used, and under what circumstances, if any, it is disclosed. We reserve the right to modify this privacy policy at any time, so please review it frequently.
PRIVACY POLICY
This policy describes the privacy practices associated with collecting personal information through this website. In this policy, "personal information" means your name, company name, address, telephone number, and e-mail address.
When using the Website, you may be required to provide personal information. By providing personal information, you expressly consent to the collection, use, disclosure and retention of your personal information as further described in this privacy policy.
How much information must I share?
The amount and type of information we collect from you depends on your activities and use of our Website. Below, we explain what information we collect.
When you browse our Website
We keep track of pages you visit to help provide you with a more personalized shopping experience.
When you make purchases through our Website
We collect your name, billing address and payment information (such as your credit card number and expiration date) in order to process your order.
Cookies
A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.
We set a persistent cookie to store your email address, so you don't have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.
We collect information contained in cookies, such as your purchases and log in data, to personalize your shopping experience. Your browser must accept cookies if you wish you add items to a shopping cart.
When you communicate with us through our Website
We collect your e-mail address and the other information that you provide in order to respond to your communication.
When you enter contests, participate in surveys, or register for other activities on our Website
We collect your name, e-mail address and telephone number, and the other information that is required for entry or participation, which varies depending on the activity.
Agents/Service Providers
We use other third parties including, but not limited to, a shipping company to ship tickets and a credit card processing company to bill you for goods and services. We will share your name, email address, billing and shipping address and credit card information as necessary for the third party to provide that service.
These third parties are prohibited from using your personally identifiable information for promotional purposes unless acting on behalf of us.
Links to 3rd Party Sites
Our Site may include links to other websites whose privacy practices may differ from those of Provider. If you submit personally identifiable information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.
Will my personal and account information be provided to any other party?
We restrict access to your personal and account information to those who need access to use it as set forth in this policy. Your personal and account information will never be sold, shared, rented or traded to third parties except under the following circumstances:
- We may disclose your personal and account information to respond to subpoenas, court orders, or other legal process, as required by law, or to establish or exercise our legal rights or defend against legal claims.
- We may disclose your personal and account information when we believe it is necessary to protect the rights, property, or safety of Provider, our users, or others. This includes exchanging information with other companies, organizations, or agents of the customer for fraud protection. However, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information for commercial purposes in violation of the commitments set forth in this Privacy Policy.
- We may disclose your personal and account information with business partners so that they can send you promotional emails, special offers, or other materials that may be of interest to you. We are not responsible for the privacy policies of these third parties.
- Your personal and account information may also be disclosed in connection with a sale of some or all of our business or a merger with another company.
Is my personal information used for any other purpose?
- We may use your personal information to provide products or services you have requested, respond to a communication from you, contact you, and as otherwise described in this policy.
- We may occasionally send you promotional or product information. If you do not wish to receive promotional or product information, you may opt out of future communications by following the instructions in the e-mail communication.
- We may also analyze and act upon your personal information as part of our standard business practices. This may be changed at any time as detailed below.
- If you use our services, we may send you updates on important information about our company and services.
How do you protect my personal and account information?
We protect your personal and account information by using generally accepted industry standards, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
What should I do if I need to update or correct my personal information?
If you want to update or correct your personal information, please call or email us at the number or email listed below.. Your personal information shall be retained and used in the manners detailed above for so long as you have an active account.. We will respond to your request within a reasonable timeframe. Once your account is deactivated, we will retain and use your information only as is necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Retaining your information
We will retain your information for as long as needed to provide you services. If you wish to request that we no longer use your information to provide you services, please contact us using the methods listed below. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
How can I give you feedback or contact you?
You can reach us by email [email protected] or you can call us toll-free at 877-582-9246. Please note that messages become our property and, unless you direct otherwise, may be used by us for promotional purposes.
www.premiumseating.com
c/o PremiumSeating.com
Attn: Privacy Policy Feedback
30 N. Gould St. Ste 4277
Sheridan, WY 82801
Last updated on JULY 27, 2016
Indemnification:
You agree to indemnify, defend and hold the Site and Service Provider, and each of its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of these Terms; (b) any allegation that any information you submit or transmit to the site infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of us; (d) your acts or omissions in connection with your use of this Site; and (e) any claim brought by a third-party (a "Third Party Claim") against any of the Indemnified Parties in respect of which recovery may be sought under clauses (a) through (d) above. These indemnification provisions shall survive any termination of this Agreement.
Disclaimers and Limitations on Liability:
No Warranty: THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability: NEITHER SERVICE PROVIDER NOR THE SITE NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO INDEMNIFIED PARTY SHALL HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SERVICE PROVIDER OR THE SITE; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF SITE, SERVICE PROVIDER, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Disputed Charges:
You are responsible for any and all legal fees incurred by you, Site or Service Provider associated with your disputed charges and chargebacks for purchases made, or tickets listed, on this Site.
Arbitration and Dispute Resolution:
You on the one hand and Site and Service Provider 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 Site; (iii) Site's and Service Provider's services; or (iv) any tickets or other items sold or purchased through this site shall be resolved exclusively through final and binding arbitration in Chicago, Illinois, rather than in court. 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 this agreement to arbitrate. Customer satisfaction is our number one goal. To that end, Site and Service Provider are committed to resolving disputes with its customers in a fair and efficient manner. Prior to commencing any arbitration related to this Agreement, you agree that if you have a dispute with Site or Service Provider, you must first contact our Customer Service Department at 877-582-9246. If our Customer Service Department is unable to achieve a satisfactory resolution, then you must notify us in writing about your claim by sending the accompanying form by certified mail to: PremiumSeating.com, Attn: Arbitration Department, 30 N. Gould St, Ste 4277, Sheridan, WY, 82801. It is important that you provide as much information as possible. Our representative will respond within thirty (30) days of 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 shall 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 formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement to arbitrate or the Terms is void or voidable. The arbitrator will decide the substance of all claims in accordance with the laws of the state of Illinois. The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in a court having jurisdiction thereof.
You 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 of the date that you first access this site. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with Site and/or Service Provider through arbitration. Written notification should be mailed by certified mail to: PremiumSeating.com, Attn: Arbitration Department, 30 N. Gould St, Ste 4277, Sheridan, WY, 82801.
YOU ON THE ONE HAND AND SITE AND/OR SERVICE PROVIDER ON THE OTHER HAND AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND COMPANY AND/OR SERVICE PROVIDER (AS THE CASE MAY BE) ACKNOWLEDGE AND AGREE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER SERVICE PROVIDER OR SITE USERS.
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, Site and/or Service Provider (whichever 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 Site and/or Service Provider should 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 Site or Service Provider, as the case may be, for all fees associated with the arbitration paid by Site OR Service Provider.
For transactions involving tickets to events in Illinois, pursuant to 815 ILCS 414/1.5(c), you, Service Provider, and Site may elect to submit complaints against one another to the AAA, under its rules and procedures. Such Complaints shall be decided by an independent arbitrator in accordance with these Terms and you, Service Provider and Site further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticket event held in Illinois.
Modification:
Service Provider or Site has the right, in its sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice.
Access to the Site:
We, in our sole discretion, with or without cause, and without prior notice, may terminate your access to the Site.
Force Majeure:
We shall not be deemed in default or otherwise liable under these Terms due to our inability to perform Our obligations by reason of any act of God, fire, earthquake, substantial snowstorm, flood, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by our default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under our control.
Tax:
You are responsible for paying any sales taxes that may be applicable.
Governing Law:
These Terms, the use of the Site and Platform, and any sale of tickets hereunder will be governed by the state of Illinois, without reference to conflict of law principles.
Entire Agreement:
This Agreement contains 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.
Additional Provisions:
No agency, partnership, joint venture or other relationship is intended or created by your use of the Site.
If any provision of these Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. 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.
