I. The Resale Marketplace Services
Vendor Services. Vendor has a platform that it licenses to TicketOffices.com and performs services related to purchases, including: (1) processing orders, (2) verifying order details and confirming validity of payment information, (3) charging your credit or debit card or other payment method, (4) providing call center services, and (5) coordinating the delivery of purchased tickets (“Vendor Services”). Vendor does not design or market the Website, and its sole relationship with TicketOffices.com is that of an independent contractor. Vendor is expressly intended to benefit from the Agreement and is acknowledged by the parties to be a third-party beneficiary to this Agreement.
No Affiliation. Neither the Website nor Vendor is the official box office, or affiliated in any way with any venue, promoter, team, league, or organizing group. Neither the Website nor Vendor is associated with any official organizer of the events for which tickets are listed. Rather, the Website is an independent marketplace for the sale of event tickets on the secondary market, and Vendor is the platform and service provider related to secondary marketplace sales.
II. Key Sales Terms
The Website has the following Key Sales Terms:
- ticket prices may be above or below the "face value" listed on the ticket;
- all orders placed on the Website or through the Services are considered requests until you receive confirmation of the availability of the tickets;
- when you purchase a ticket, you receive a 100% Guarantee, as detailed below;
- all sales are final; there are no cancellations, returns, or exchanges except as otherwise expressly provided in this Agreement;
- if an event is cancelled, you will be compensated;
- if, for reasons of maintaining social distancing or other safety reasons, venue security or other personnel relocate you to a different location within the venue, such relocation will not qualify you for a refund or for other compensation;
- if an event is postponed or rescheduled, your order will not qualify for a refund or credit, and your tickets will be valid for the rescheduled date, regardless of the length of time of the postponement or rescheduled date (unless required otherwise by law);
- confirmed orders may be filled with comparable or upgraded tickets.
III. Dispute Resolution
THIS SECTION AFFECTS HOW ANY DISPUTES THAT ARISE BETWEEN YOU ON THE ONE HAND AND TICKETOFFICES.COM AND/OR VENDOR ON THE OTHER HAND MUST BE RESOLVED.
Attempt at Informal Resolution. Customer satisfaction is TicketOffices.com’s number one goal, and TicketOffices.com is committed to trying to resolve any Disputes that may arise. As such, prior to commencing any legal proceeding related to any Disputes, you agree to try to resolve any Disputes you have by first contacting TicketOffices.com’s Customer Service Department by phone and/or email at 844-379-0370 and [email protected], respectively.
Mandatory Arbitration and Waiver of Class Actions. You and TicketOffices.com (and Vendor if applicable) agree that all Disputes that are not resolved through informal resolution (as described above) must be resolved exclusively through final and binding arbitration rather than in court, except that you may assert Disputes in small claims court as provided below. There is no judge or jury in arbitration. The arbitrator will resolve any and all Disputes, including relating to the interpretation, applicability, enforceability, and formation of this Agreement, and including any allegation that all or any part of this agreement to arbitrate is void or voidable. The arbitrator's award will be final and binding, and a judgment on the arbitrator’s award may be entered by a court. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules, which are available at www.jamsadr.com. You, TicketOffices.com, and Vendor agree to begin any arbitration pursuant to the JAMS Streamlined Arbitration Rules. Arbitration will not take away any remedies available to the parties under applicable law. If you commence an arbitration, you may be required to pay the initial fee ($250.00) or you may apply for a waiver. If an arbitration is commenced against you, you will not pay the initial fee. All other arbitration fees and costs will be determined by the arbitrator, and the parties will pay their own attorney’s fees, unless fees are recoverable by applicable law. We will pay costs if you demonstrate they are cost prohibitive, compared to court costs. If JAMS cannot arbitrate the Dispute, the parties will select another arbitrator. This arbitration provision does not limit any party’s ability to seek injunctive relief in aid of arbitration or a “public injunction” or to litigate in court to compel arbitration, to stay a case due to arbitration, or to confirm, modify, vacate, or enter judgment on the arbitrator’s decision. Any party may choose to have the arbitration conducted by video conference, telephone, or written submissions, but the location of the arbitration will be the county where (or closest to where) you live, or at a mutually agreed location. YOU, TICKETOFFICES.COM, AND VENDOR MAY ONLY BRING DISPUTES AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT IN ANY CLASS OR REPRESENTATIVE CASE. THIS WAIVER IS A MATERIAL PROVISION, AND IF THIS WAIVER IS LIMITED, VOIDED, OR FOUND TO BE UNENFORCEABLE, THEN THIS AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID SUBJECT TO THE RIGHT TO APPEAL. UNLESS ALL PARTIES TO THE DISPUTE AGREE IN WRITING, THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PERSON OR PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PERSON’S OR PARTY'S INDIVIDUAL DISPUTE. WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE US IN COURT BEFORE A JURY. This arbitration agreement is severable and shall survive any termination.
Small Claims Actions. You may assert a Dispute on an individual basis in small claims court in Los Angeles County if the Dispute qualifies for small claims jurisdiction.
Governing Law. The parties agree that this Agreement and any Disputes that might arise between you on the one hand and TicketOffices.com and/or Vendor on the other hand shall be exclusively governed by and construed in accordance with the Federal Arbitration Act and federal arbitration law (as relating to the arbitration provision) and the laws of the State of California, USA, exclusive of conflict or choice of law rules.
IV. Ticket Purchases
Buying Tickets From Us. Once you have selected tickets for purchase, you will fill out and submit the information requested on the Website, which constitutes an order. This order is an irrevocable 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 or other payment method for the funds necessary to purchase the 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, you will be charged. The price you pay may be higher (or lower) than the face value of the tickets.
Zone Seating. These listings are tickets that the seller does not own but is offering to procure. Like all tickets sold on a marketplace, zone tickets may be higher or lower than the price first offered by the venue. After you place an order and your order is confirmed, we guarantee that your tickets will be in the listed or a comparable zone or section and that you will receive the tickets in time for the event or your money back. Orders exceeding four tickets may be split up into different rows within the zone or section. Seats are not assigned until delivery.
Errors and Inaccuracies. A large number of ticket resellers list their tickets on the Website, and we are not responsible for typographical errors or inaccuracies within the inventory listed for sale. When an error or inaccuracy is found in processing your order, you will be notified and provided with available options, including the option of cancelling your order.
Payment; Disputed Charges. As a buyer, you grant Vendor permission to charge your credit or debit card or other payment method for the purchase of tickets. Visa, MasterCard, Discover, American Express, and PayPal are valid payment methods for purchasing tickets. You are responsible for paying any applicable sales taxes. If you dispute a charge and the charge was valid and not the result of credit card or other fraud, we have the right to seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings, subject to applicable laws. We may also mitigate our damages by relisting and selling the tickets that are the subject of the underlying payment dispute.
Contact Us. If you have any questions or complaints, please contact us. California residents may also report complaints in accordance with California Civil Code §1789.3 to the Complaint Assistance Unit of the California Department of Consumer Affairs, Division of Consumer Services at (800) 952-5210, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
V. Ticket Delivery
General. 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, tickets may be delivered 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), courier, or pick up at a location outside the venue designated by us. 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. Depending on your ticket type, you may need to use a mobile device to gain entry to your event. It is your responsibility to contact us if you do not receive tickets within forty-eight (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. Keep your tickets in a safe place. Neither TicketOffices.com nor Vendor is responsible for lost, stolen, damaged, or destroyed tickets and is under no obligation to replace tickets for these reasons. 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 reissue of tickets, the reissue fee is 15% of the order total (maximum of $200.00). If the seller is unable to receive the reissue of the tickets, you will be refunded the reissue fee.
We May Offer Comparable or Upgraded Tickets. TicketOffices.com reserves the right to replace tickets with comparable or upgraded tickets. When this occurs, TicketOffices.com shall be considered to have fulfilled its obligations under this Agreement. 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, and descriptions, 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, or price by calling TicketOffices.com at 844-379-0370 before the order is placed.
Our Promise. Our 100% 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% Guarantee is the return of any payment made in relation to the tickets.
VI. Event Changes and Cancellations
Event Changes. Event dates, times, venues, and subject matters 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, a promoter, or an entity putting on the event will require a ticket holder to relocate seats or otherwise change the seating configuration in a manner beyond our control. Neither TicketOffices.com nor Vendor shall be held responsible for any such change, and we will not be obligated to provide a refund or any other compensation if such a change occurs.
Difficulty with Entry. If you have difficulty getting into an event using the ticket you purchased through the Website, you must contact us immediately at 844-379-0370 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 ticket failed to provide you entry, or if TicketOffices.com determines in its 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. However, if denial of entry was due to safety and health policies of the venue, organizer, promoter, etc. or due to your actions, you will not be compensated.
Cancelled Events and Other Circumstances. All sales are final (unless a refund is required by law). However, compensation of the purchase price will be given for cancelled events. If an event is cancelled, we will send emails notifying customers of the cancellation and details on compensation. To qualify for compensation, you may be required to return your tickets as soon as possible, but at least within ten (10) business days after you receive notice offering you compensation. If so, no compensation will be given without the original tickets, unless otherwise determined by TicketOffices.com in its sole discretion.
Postponed or rescheduled events will not be refunded or credited, regardless of the length of time of the postponement or rescheduled date. TicketOffices.com, in its sole discretion, will determine when an event is cancelled, postponed, or rescheduled.
As a result of public health safeguards necessitated by COVID-19, your tickets and admission to events are subject to any required venue safety and health policies. You agree that the venue may continue to update and develop these policies between the time of your purchase and the event date. By using the tickets you purchased, you agree that you will comply with these policies, and your ability to attend the event is conditioned on this compliance. If you are denied admission to the event, or your admission is revoked as a result of any safety or health policy of the venue, organizer, promoter etc., including health/vaccine screenings, you will not be eligible for compensation from TicketOffices.com. For more information, please see our COVID-19 FAQ page or contact us at [email protected] or 844-379-0370.
If, for reasons of maintaining social distancing or other safety reasons, 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: (1) all outstanding orders for such event will be cancelled, and (2) tickets for the event will be reposted for sale based on the adjusted capacity and known restrictions. Any buyers whose tickets have been cancelled pursuant to this section shall receive compensation for such cancellation as described above.
VII. Code of Conduct and Indemnification
Your Representations. By using the Services, you accept the terms of this Agreement (as it may be amended from time to time by TicketOffices.com). If you do not accept this Agreement or do not meet or comply with its provisions, you may not use the Services. You represent that: (1) you are legally able to enter into this binding contract, (2) you are at least eighteen (18) years of age, and (3) you will not use (or plan, encourage, or help others to use) the Services for any purpose or in any manner that is prohibited by or inconsistent with this Agreement or any applicable law. It is your responsibility to ensure that your use of the Services complies with this Agreement and applicable law.
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, and punitive damages, including lost profits.
Illegal Activity. TicketOffices.com prohibits the use of the Services for any unlawful conduct. All users must comply with all applicable laws, including regulations and ordinances. By using the Services, you agree to not use any false personal information or use an invalid or unauthorized credit or debit card or payment method. You agree to not use or permit anyone to use information provided through the Services for any unlawful or unauthorized purpose.
Investigations and Consequences. A purchaser who is the subject of a complaint or who we believe may have violated this Agreement or applicable law will be subject to investigation by us. You agree to fully cooperate in such an investigation. If we find, in our sole discretion, that a user: (1) is unwilling to cooperate with any investigation, (2) has engaged in any unlawful or fraudulent conduct or otherwise violated this Agreement or applicable law or has acted in concert with anyone so engaged, or (3) has provided information that we are unable to authenticate or verify, we may take any action we deem appropriate in our sole discretion, including canceling orders, issuing a warning, blocking your access to the Services, preventing you from finalizing pending transactions, or exercising any other remedy available to us. Subject to applicable law, you agree that monetary damages may not provide a sufficient remedy to us for certain violations of this Agreement and may be difficult to ascertain or calculate and you consent to injunctive and other equitable relief for such violations.
Indemnification. You agree to indemnify, defend, and hold TicketOffices.com and Vendor, and each of their parents, affiliates, licensors, suppliers, advertisers, and sponsors, and their respective employees, consultants, agents, and representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney’s fees) that arise from or are related to any allegation: (1) that you breached this Agreement, (2) that you infringed on or otherwise violated the intellectual property or other rights of any third party, (3) regarding taxes or tax status, or (4) regarding your acts, content, or omissions. This section shall survive any termination of this Agreement.
VIII. Updates to the Sales Terms and Services
Modification to Sales Terms. TicketOffices.com may modify the terms of this Agreement by posting a new version on the Website, including after you use the Services. Any modifications to the Agreement will apply to any subsequent use of the Services but will not apply retroactively unless we provide you with written notice (such as by email to your email address of record) of the modified terms. If you do not agree to be bound by the modified terms, you must email us at [email protected] within fourteen (14) days of the date of the modification and cease using the Services, in which event the prior version of our Sales Terms will continue to be binding upon you. Because changes to this Agreement will apply to your subsequent use of the Services, you should review the Agreement each time you use the Services. If you do not agree to the modified terms, you should discontinue using the Services. This Agreement may not otherwise be amended except by a signed writing by all parties.
Modification to the Website and Services. We have the right, in our sole discretion, to modify, suspend, or discontinue any part of the TicketOffices.com Website at any time, with or without notice. Likewise, we and Vendor have the right, in our sole discretion, to modify, suspend, or discontinue any part of the Services at any time, with or without notice.
Access to the TicketOffices.com Website. We, in our sole discretion, with or without cause, and without prior notice, may suspend or terminate your access to the Website at any time.
Termination of Agreement. We, in our sole discretion, with or without cause, and without prior notice, may terminate your access to and use of the Website and Services at any time. If you wish to terminate your use of the Website or Services, you may do so at any time. Upon any termination, all provisions of this Agreement which by their nature are intended to survive termination, including the provisions for dispute resolution and waiver of class actions, all representations and warranties, all limitations of liability, all indemnities, and provisions regarding our intellectual property rights, shall survive termination. Further, upon termination, your right and limited license to use the Website and Services will immediately cease.
IX. Intellectual Property
Our Intellectual Property. The Services, including Vendor’s platform and all Website content, software, databases, trademarks, logos, service marks, copyrights, domain names, proprietary information, and materials (and any intellectual property and other rights relating thereto) ("Our Property") is owned or licensed by TicketOffices.com and/or Vendor and will remain the property of the same. You may not use any of Our Property in connection with any product or service that is not offered by TicketOffices.com or Vendor or in any manner that is unlawful, against, or likely to cause confusion with respect to TicketOffices.com or Vendor. Nothing contained on the Website or as part of the Services should be construed as granting, by implication, estoppel, or otherwise, any license, ownership, or right to use any of Our Property without the express written permission of TicketOffices.com or Vendor, as applicable.
Limited License. TicketOffices.com hereby grants you a limited, terminable, non-exclusive, revocable right to access and use the Website and Services only for your use in purchasing or selling tickets as intended by the Website and Services. Your use is a privilege, and we reserve the right to suspend or terminate that privilege in our sole discretion at any time for any reason, including your breach of this Agreement or violation of applicable law.
Copyright Complaints. TicketOffices.com respects the intellectual property of others. It is TicketOffices.com’s policy to respond to claims of copyright and other intellectual property infringement. TicketOffices.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, TicketOffices.com may act expeditiously to remove or disable access to any material claimed to be infringing and will terminate access for users who are repeat infringers.
TicketOffices.com’s Copyright Agent for notice of claims of copyright infringement can be reached at: TicketOffices.com, 19266 Coastal Hwy., Unit 40510, Rehoboth Beach, DE 19971. Please send written communication that sets forth the information specified by the DMCA (www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including fees) if you materially misrepresent that an activity is infringing your copyright.
If TicketOffices.com removes or disables access to content in response to an infringement notice, TicketOffices.com 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 TicketOffices.com with a counter notification by written communication to TicketOffices.com, 19266 Coastal Hwy., Unit 40510, Rehoboth Beach, DE 19971. Please send written communication that sets forth the information specified by the DMCA (www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, TicketOffices.com recommends that you seek the advice of an attorney.
X. Disclaimers and Limitations of Liability
Disclaimers. THE SERVICES, INCLUDING THE MATERIALS ON THE WEBSITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE WEBSITE OR SERVICES, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TICKETOFFICES.COM AND VENDOR DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING 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 WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE FIXED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability. NEITHER TICKETOFFICES.COM, VENDOR, 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, OR PUNITIVE DAMAGES (INCLUDING FOR LOSS OF BUSINESS OR PROFITS) UNDER ANY THEORY (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR RELATED IN ANY WAY TO THE SERVICES, INCLUDING THE MATERIALS ON THE WEBSITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO INDEMNIFIED PARTY SHALL HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY ACTION OF ANOTHER USER OF THE WEBSITE, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT OR OTHERWISE, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (6) ANY ERROR, MISTAKE, INACCURACY, OR OMISSION IN ANY MATERIALS AVAILABLE THROUGH THE WEBSITE, AND/OR (7) ANY LOST, STOLEN, OR DAMAGED TICKETS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF TICKETOFFICES.COM, VENDOR, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES AND LOSSES SUFFERED BY YOU UNDER ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR THE TICKETS AND RELATED SERVICES OR $200.00, WHICHEVER IS GREATER.
Application. SOME JURISDICTIONS MAY NOT ALLOW LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
XI. General Provisions
No agency, partnership, joint venture, or other relationship is intended or created by your use of the Services. This Agreement is severable, and if any provision of this Agreement 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 applicable law. This Agreement may be assigned or transferred by us; you may not assign or transfer this Agreement without our written consent. The heading at the beginning of each section is for reference purposes and in no way defines the scope or extent of such section. No party shall be deemed in default or otherwise liable under this Agreement due to its inability to perform its obligations by reason of any “act of God,” fire, earthquake, substantial snowstorm, flood, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, law (including regulation or ordinance), legal order (unless caused by the party), failure or delay of any transportation, power, or communications system, or other cause not under that party’s control. This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, or implied.
Last updated: October 25, 2021
I. How much of my personal information is obtained through the Services?
- Contact Information. When you order tickets through the Website, communicate with us or our Customer Service Department, or otherwise use the Services, we obtain information from you, such as your name, email address, phone number, and address. Some of this information may be categorized as sensitive, identifier, personal, and protected information under applicable laws. You may voluntarily choose to not provide certain information, but then certain features of the Website and Services may not be available to you.
- Transaction and Billing Information. When you order tickets through the Website, communicate with us or our Customer Service Department, or otherwise use the Services, we obtain billing and transaction information, such as your credit or debit card information and information about your purchase. Some of this information may be categorized as sensitive, transactional, commercial, financial, and protected information under applicable laws. Further, when you click on links or buttons on the Website, we gather information regarding your preferences, shopping history, and purchasing or browsing tendencies.
- Device and Internet Information. Depending on your settings, when you access or use the Website, we obtain information from your web browser, internet service provider, and device. This information may be categorized as internet or other electronic network activity information and geolocation information and may include your IP address, information about your device, and information about your use of the Website, browsing history, search history, and interaction with a particular website, application, or advertisement.
- Public Information. When you post a review about us or make other information public, we may obtain that information. You should carefully review any information you publicize. We may also obtain public information, for example for purposes of fraud verification.
- Other Information. If you make a claim for a promotion on the Website or provide other information to us or about the Services, we may obtain that information. We may also draw inferences from the above information to personalize the Services for you.
II. When is my personal information obtained?
- We obtain information from you. We obtain information when you enter such information, including as part of ordering tickets through the Website. Likewise, we obtain information when you communicate or interact with us or our Customer Service Department.
- We obtain information from third parties. When you use the Website or Services, we may obtain information from other parties to assist with the Services, including transaction information (such as when you have payment information saved). We may also obtain information from third parties, including our Vendor and Customer Service Department, as necessary to fulfill your orders, provide the Services, and provide the best experience.
III. How is my information used?
We have the following business purposes, which means a use reasonably necessary and proportionate to achieve an operational purpose, and commercial purposes, which means a use intended to advance our business interests, such as marketing the Services.
- We use this information to provide the Website and Services, including to process and fulfill your orders: Contact Information; Transaction and Billing Information; Device and Internet Information; Public Information; Other Information.
- We use this information to communicate with you, including through our Customer Service Department, and including for marketing purposes and to notify you of legal updates: Contact Information; Transaction and Billing Information; Device and Internet Information; Public Information; Other Information.
- We use this information to improve the Website and Services, including to identify errors, review if users are interested in additional features, and allow you to set personal preferences when using the Website: Contact Information; Transaction and Billing Information; Device and Internet Information; Public Information; Other Information.
- We use this information for security, law enforcement, and legal reasons, such as a response to a subpoena: Contact Information; Transaction and Billing Information; Device and Internet Information; Public Information; Other Information.
- We use information obtained through cookies and tracking tools as outlined above.
- We may use information as otherwise consented to or requested by you.
- We may combine information to create aggregate information that does not identify you.
IV. How is my information shared?
We may share information for the following business purposes, which means a use reasonably necessary and proportionate to achieve an operational purpose, and commercial purposes, which means a disclosure intended to advance our business interests.
- We share this information with third parties related to our marketplace to provide and improve the Services and related features, including to process your ticket orders, for security, and to personalize your experience; these third parties, which allow our marketplace to operate, include our Vendor and the respective third-party seller(s) of the tickets listed on our marketplace platform: Contact Information; Transaction and Billing Information; Device and Internet Information; Public Information; Other Information.
- We share this information with service providers to provide and improve the Services and related features, including to process your ticket orders, for security, and to personalize your experience; service providers, such as payment processors, allow us to operate the Website and related features: Contact Information; Transaction and Billing Information; Device and Internet Information; Public Information; Other Information.
- We may share this information in response to subpoenas, court orders, and other legal processes, or if needed for a law enforcement purpose, for a government investigation, or to protect third parties: Contact Information; Transaction and Billing Information; Device and Internet Information; Public Information; Other Information.
- We may share your reviews and comments about us to advertise the Services.
- We may share information gathered through cookies and tracking tools with third-party advertisers as outlined above.
- We may share information as otherwise allowed by applicable law or with your consent.
V. Where is my information transferred?
We are a business based in the United States and, even if you are located outside of the United States, your information may be transferred to the United States and Canada.
VI. Is my personal information going to be sold?
VII. How is my information protected?
We protect your personal information by using reasonable 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 the absolute security of your information. Further, the safety and security of your information also depends on you. You should be careful about how you use the internet and should immediately report any suspected data breach or unauthorized access to your information.
VIII. How long will my information be retained?
We retain your information as long as necessary to fulfill the purposes outlined above, unless a longer period is required or permitted by law. If you request that we delete information, your request will be processed pursuant to the timeframes indicated and authorized.
IX. What are my rights regarding my personal information?
General. Under certain laws, you have a right to request that the personal information we have collected from or about you be corrected, updated, accessed, or deleted; and under certain laws, you have a right to be informed, the right to rectification, the right to restrict processing, the right to data portability, the right to object and opt out, rights relating to automated decision making and profiling, and the right to not be discriminated against for asserting your privacy rights or making requests related to your information. Please contact us using the contact information given below if you think one of these laws applies to you and you would like to correct, update, access, or have us delete your personal information. You must provide your full name along with your email address, physical address, and/or phone number associated with your use of the Website, and we may take reasonable steps to verify your identity (and the identity of any agent submitting such a request on your behalf).
Other State Legislation. If other state laws apply to you, you may have additional rights to make privacy requests to us. For example, if you are a Nevada resident, you may ask us to not sell your personal information, even if we are not currently selling it. While privacy legislation is an evolving area, we will comply with applicable laws to adhere to your privacy rights. To make a privacy request, please contact us at [email protected] or 844-379-0370.
Legal Bases. Our legal bases for processing information include the consent of the individual, to carry out contracts with users or third parties, to comply with legal obligations, to protect vital interests, and to pursue legitimate interests such as providing and improving the Services and marketing, if those interests are not overridden by interests of the individual.
You Can Opt-Out of Marketing Emails. By providing your email address, you consent to receive emails from us, including advertising messages. However, providing consent to advertising messages is not a condition of purchase. You may unsubscribe from marketing emails at any time by clicking the unsubscribe link or contacting us at [email protected] or 844-379-0370. We may still send you non-marketing messages, including legal updates.
You Can Control Cookies and Tracking Tools. To learn how to control these tools, see above.
Children. You must be eighteen (18) years old to use the Website, and we do not seek to obtain personal information about children under sixteen (16) years old through the Website without verifiable parental or guardian consent. If we become aware that a person submitting personal information to us is a child, we delete the information as soon as we discover it and do not use it for any purpose, nor do we disclose it to third parties. Since we do not seek to obtain any personal information about children, and we delete any information collected inadvertently as soon as we discover that a child has submitted it, we typically retain no information about children that could be reviewed or deleted. If a parent or guardian requests review or deletion of information about their child before we have discovered and deleted the information, we will honor that request.
X. Does TicketOffices.com respond to Do Not Track (“DNT”) Signals?
We do not respond to DNT requests. DNT is a feature that can send a signal to websites to request that browsing history not be tracked.
You can contact us using the information below:
19266 Coastal Hwy., Unit 40510
Rehoboth Beach, DE 19971