The following Policies and Terms of Use (“Terms” or “Agreement”) are designed to ensure your understanding of the use of this site and the purchase process through SharpSeat.com (“COMPANY”). The Terms govern your use of www.sharpseat.com (the “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. The Terms include the following provisions:

  • All orders placed with COMPANY on this Site are considered requests until COMPANY confirms availability of the tickets, at which time our money back guarantee protection takes effect.
  • All sales are final; there are no cancellations, returns, or exchanges.
  • If an event is canceled you will be given a full refund less shipping charges. If an event is postponed or rescheduled your order will not qualify for a refund.
  • 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 if the original tickets are no longer available.

  • Purchasing

    If you find desirable tickets, you place an offer to purchase the tickets by submitting an order. You do so by completing the information requested. Once you submit the order you cannot cancel or retract it. You will receive an email promptly after you place your order. This does not complete the sale. Rather, a completed sale is dependent on COMPANY’s acceptance of the order and notice of confirmation to you that the order is accepted. At that point, your credit or debit card used in placing the order will be charged and our consumer protection measures take affect. Funds will be reserved on your account when your order is placed; however, the funds are not captured until after the order is confirmed. Please note that the price you pay may be higher than the face value of the tickets you purchase. Since we list tickets from a large number of ticket resellers on our Site, we cannot be 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, if any, as well as the option of canceling your order.

    Processing Services

    COMPANY uses Ticket Fulfillment Services LP (“TFS”), an independent contractor, to perform 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 buyers’ credit and debit cards, and (iv) coordinating the delivery of purchased tickets.

    Ticket Purchase Policy


    COMPANY reserves the right to replace tickets with comparable or upgraded tickets if originally ordered tickets are no longer available. Definitions of “comparable” and “upgraded” are made at the reasonable discretion of COMPANY. Should COMPANY fail to deliver any ticket contracted for, COMPANY’s 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. COMPANY reserves the right to cancel and refund your order at any time for any reason.

    Due to the large volume of ticket sellers listing tickets on our site, locations, descriptions and pricing of similar or equal tickets may vary. It will be the buyer’s responsibility to verify any possible inconsistency or discrepancy in the ticket location, description and/or price by calling COMPANY at 855-815-4406 before the order is placed.

    Refund Policy


    All sales are final. A full refund of the purchase price, excluding shipping charges, will be given for cancelled events. To qualify for a refund, you must return your tickets toCOMPANY within 2 weeks of notice from COMPANY offering you a refund. No refunds will be given without the original tickets, unless otherwise determined by COMPANY in its sole discretion. Postponed or rescheduled events will not be refunded. COMPANY, in its sole discretion, will determine when an event is canceled.

    Event Dates and Times


    Event date, times, venue and subject matter may change. We are not always notified if a show is postponed, rescheduled or canceled. It will be 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. COMPANY shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation.

    Denial of Admission


    If you or the ticket holder using the ticket you purchased has difficulty getting into an event, you or the ticket holder are required to contact us at 855-815-4406 immediately for assistance. If the problem is not resolved, and you or the ticket holder is denied admission, it is your responsibility to obtain proof from the venue of denied entry. COMPANY will provide you with a pre-paid shipping label to use in returning the tickets and proof of denied entry provided by the venue. Upon receipt of the invalid tickets and confirmation of the proof provided that the tickets were indeed invalid, or if COMPANY otherwise 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 shipping charges.

    Delivery of Tickets


    In most cases, tickets will be delivered by the method and timeframe designated in the ticket listing. Photo ID may be required to accept delivery. For listings with no designated delivery method, tickets will typically be shipped via our preferred carrier, FedEx. Tickets may not ship out immediately. In all cases, COMPANY 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 COMPANY’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 COMPANY. Certain 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 COMPANY if you do not receive tickets within 48 hours of the event. Failure to do so will disqualify you from receiving a refund for any ticket you claim was not delivered, unless failure to notice is waived by COMPANY in its sole discretion.

    Lost, Stolen, or Damaged Tickets


    Please keep your tickets in a safe place. COMPANY is not responsible for lost, stolen, damaged or destroyed tickets. Please note that direct sunlight or heat can damage certain types of tickets.

    Payment Options


    As a buyer, you grant COMPANY, through TFS, 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. For other payment methods, please contact us at 855-815-4406.

    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 or the person using the ticket you purchased 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


    COMPANY is not the official box office. COMPANY is in no way affiliated with any venue, promoter, team, league or organizing group and is not associated with any official organizer of the events for which it lists tickets. Rather, it is an independent marketplace for the sale of event tickets on the secondary market.

    Changes in Terms and Conditions


    COMPANY reserves the right, in its sole discretion, to change these Terms at any time. If COMPANY changes 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 followingCOMPANY’s posting of revised terms and conditions constitutes your acceptance of the revised agreement.

    Unlawful Activity


    COMPANY prohibits the use of its 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 www.sharpseat.com for any unlawful or unauthorized purpose.

    Investigations and Consequences


    A buyer who is the subject of a complaint or whom COMPANY believes may have violated these Terms or applicable law will be subject to investigation by COMPANY. You agree to cooperate fully in such investigation including, but not limited to, providing any and all information demanded by COMPANY. COMPANY reserves the right to take any action without prior notice it deems appropriate in its sole discretion including, but not limited to, canceling orders, issuing a warning, suspending or terminating service, denying access, canceling transactions, refusing to honor pending or future transactions, remove material, or exercise any other remedy available to it (including civil, criminal or injunctive redress) if COMPANY 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© has provided information that COMPANY is unable to authenticate or verify. You agree that monetary damages may not provide a sufficient remedy to COMPANY 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.

    COMPANY reserves the right to report to appropriate law enforcement authorities or other relevant third parties any activity that it believes, in its sole discretion, may in any way violate any local, state, federal or international law.

    Intellectual Property


    COMPANY respects 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: SharpSeat.com, c/o Ticket Fulfillment Services LP, Attn: Copyright Complaints, 23000 Sussex Hwy., #232, Seaford, DE 19973.

    Ownership


    The site, including all site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) (“COMPANY’s Property”) is owned or licensed by COMPANY and/or TFS 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 COMPANY’s Property in connection with any product or service that is not offered by COMPANY or TFS in any manner that is likely to cause confusion with COMPANY’s or TFS’s business, or in any manner that disparages COMPANY or TFS. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any COMPANY’s Property without the express written permission of COMPANY or TFS.

    The content, organization, graphics, design, compilation, “look and feel” and all COMPANY Property available on this site, including, without limitation, images and written and other materials (the “Contents”), are intellectual property protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). You are only authorized to visit, view and retain a copy of pages of this site for your own personal use. You may not download, print, copy, reproduce, duplicate, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any of the Content except in the course of viewing the site online for lawful purposes, and in making single copies of selected pages of the site for personal use and not for distribution or posting on any other site. You also agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying other than the foregoing license to possess for personal use.

    Indemnification


    You agree to indemnify, defend and hold COMPANY and TFS, 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 COMPANY; (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. COMPANY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THEMATERIALS, 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. COMPANYDOES 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. COMPANY IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    Limitation of Liability

    NEITHER COMPANY 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 COMPANY AND ANY OTHER INDEMNIFIED PARTY SHALL HAVE NO 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 COMPANY; (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 COMPANY, 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.

    Allocation of Risk

    You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk and that the pricing and other terms and conditions of this agreement reflect such allocation of risk.

    Disputed Charges

    You are responsible for any and all legal fees incurred by you, COMPANY or TFS 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 COMPANY and TFS 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) COMPANY’s and TFS’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 COMPANY’s and TFS’s number one goal. To that end, COMPANY and TFS are committed to resolving disputes with their 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 COMPANY or TFS, you must first contact COMPANY’s Customer Service Department at 855-815-4406. If our Customer Service Department is unable to achieve a satisfactory resolution, then you must notify COMPANY in writing about your claim by sending the accompanying form by certified mail to: Online City Tickets, c/o Ticket Fulfillment Services LP, Attn: Arbitration Department, 23000 Sussex Hwy., #232, Seaford, DE 19973. It is important that you provide as much information as possible. A COMPANY’s 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 COMPANY 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 COMPANY and/or TFS through arbitration. Written notification should be mailed by certified mail to: SharpSeat.com, c/o Ticket Fulfillment Services LP, Attn: Arbitration Department, 23000 Sussex Hwy., #232, Seaford, DE 19973.

    YOU ON THE ONE HAND AND COMPANY AND/OR TFS 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 TFS(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 (INCLUDINGMONETARY, 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 COMPANY 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, COMPANY and/or TFS (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 COMPANY and or TFS 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 COMPANY or TFS, as the case may be, for all fees associated with the arbitration paid by COMPANY OR TFS.

    For transactions involving tickets to events in Illinois, pursuant to 815 ILCS 414/1.5©, you and COMPANY 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 and COMPANY further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticket event held in Illinois.

    Modification


    COMPANY 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:

    COMPANY, in its sole discretion, with or without cause, and without prior notice, may terminate your access to the Site.

    Force Majeure:

    COMPANY shall not be deemed in default or otherwise liable under these Terms due to its inability to perform its 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 COMPANY’s default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under COMPANY’s control.

    Tax

    You are responsible for paying any sales taxes that may be applicable.

    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.

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