USER AGREEMENT

TICKET THRILL Last Updated on August 2,, 2020

TICKET THRILL LLC (the "Company," "TICKET THRILL," or the "Site") is an innovative ticket Supplier that aims to create a more efficient platform for buying tickets to sports, concerts, and other live events. Please read this Terms of Use agreement carefully. These Terms of Use govern the use of TICKET THRILL.com, or the mobile application "TICKET THRILL" (together, the "Digital Properties of TICKET THRILL"), and apply to all users visiting the Digital Properties, including using the services and resources available or enabled via the Digital Properties (each a "service" and collectively, the "Services"). By clicking on the "I Accept" or "Sign Up" button, completing the registration process, and/or browsing the website or downloading TICKET THRILL's mobile application (the "Application"), YOU ARE ENTERING INTO A BINDING CONTRACT, and you represent that (1) you have read, understand, and agree to be bound by these Terms of Use, (2) you are of legal age to form a binding contract with TICKET THRILL, and (3) you have the authority to enter into the Terms of Use personally or on behalf of company you have named as the user, and to bind that company to these Terms of Use. The term "you" refers to the individual or company, as applicable, identified as the user when you registered with a Digital Property. If you do not agree to be bound by the Terms of Use, you may not access or use any Digital Property or the Services.

Terms of the User AgreementThis User Agreement ("Agreement") lists the terms of the agreement between you and TICKET THRILL for the buying and selling of tickets, and all other services that we provide (the "Services"). By completing the registration process, you agree to accept the terms and the conditions of this Agreement to become a Registered User of the Site.If we change or modify this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. Your continued use of the Site and the Services following TICKET THRILL's posting of a revised Agreement will constitute your acceptance of the revised Agreement. Do not continue to use the Services, or this Site, if you do not agree with the terms of this Agreement or any revised version of this Agreement.FOR ALL USERS RESIDING IN THE UNITED STATES, PLEASE BE ADVISED: SECTION 22 OF THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TICKET THRILL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. TICKET THRILL SupplierTICKET THRILL is an independent Supplier. As such, our services are merely designed to act as a Supplier sell tickets, and TICKET THRILL makes no guarantee with respect (a) to the existence, quality, safety or legality of the tickets, (b) the truth or accuracy of our listings or content, (c) the ability to sell tickets. TICKET THRILL is acting solely as an agent on behalf of a ticket vendor. As such, TICKET THRILL has no liability, either primarily or secondarily, for amounts collected or paid through its Supplier.

2. RegisteringTICKET THRILL requires users to register before they can buy tickets. To register (become a "Registered User"), you must provide your legal and current name and address, your phone number, an active email address, and a valid credit or debit card.A Registered User of this Site must agree to accept the terms and conditions of this Agreement, and you must have a valid credit or debit card. You may only use these services if you are legally able to enter into a binding contract. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of a parent or guardian.

3. User Conduct3.1 Unauthorized Use or Access: You agree that you will not, under any circumstances:(a) Interfere or attempt to interfere with the proper functioning of TICKET THRILL Properties or connect to or use TICKET THRILL Properties in any way not expressly permitted by the Terms;

(b) Systematically retrieve data or other content from our TICKET THRILL Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;

(c) Use, display, mirror or frame TICKET THRILL Properties, or any individual element within TICKET THRILL Properties, TICKET THRILL's name, any TICKET THRILL trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TICKET THRILL's express written consent;

(d) Use any unauthorized software that accesses, intercepts, "mines" or otherwise collects information from or through TICKET THRILL Properties or that is in transit from or to TICKET THRILL Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by TICKET THRILL Properties;

(e) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or TICKET THRILL Properties, whether through the use of a network analyzer, packet sniffer or other device;

(f) Make any automated use of TICKET THRILL Properties, or take any action that imposes or may impose (in TICKET THRILL's sole discretion) an unreasonable or disproportionately large load on the infrastructure for TICKET THRILL Properties;

(g) Bypass any robot exclusion headers or other measures TICKET THRILL takes to restrict access to TICKET THRILL Properties, or use any software, technology or device to send content or messages, scrape, spider or crawl TICKET THRILL Properties, or harvest or manipulate data;

(h) Use, facilitate, create, or maintain any unauthorized connection to TICKET THRILL Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of TICKET THRILL Properties; or (ii) any connection using programs, tools or software not expressly approved by TICKET THRILL;

(i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide TICKET THRILL Properties, or to obtain any information from TICKET THRILL Properties;

(j) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(k) Solicit or attempt to solicit personal information from other Users of TICKET THRILL Properties;

(l) Use TICKET THRILL Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(m) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use TICKET THRILL Properties to send altered, deceptive or false source-identifying information; or

(n) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").

3.2 General: In connection with your use of TICKET THRILL Properties, you shall not:(a) Harm minors in any way;

(b) Impersonate any person or entity, including, but not limited to, TICKET THRILL personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;

(d) Register for more than one account or register for an account on behalf of an individual other than yourself;

(e) Stalk or otherwise harass any other User of our TICKET THRILL Properties; or

(f) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

4. Blocking of Accounts, Delay or Refusal of Payment TransactionsTICKET THRILL reserves the right to temporarily or permanently suspend your TICKET THRILL account, to delay or refuse payment transactions to and from your TICKET THRILL account, or otherwise restrict its functionality if:(a) Required by law or court order or if otherwise required by any regulatory or governmental authority, body or agency having jurisdiction over us;

(b) Required to fulfil our legal obligations in relation to the fight against money laundering and financing of terrorism;

(c) There is suspicion of unauthorized or fraudulent access to or use of your TICKET THRILL account or that any of its security features have been compromised;

(d) TICKET THRILL has reasonable grounds to believe you are carrying out a prohibited or illegal activity; or

(e) TICKET THRILL is unable to verify your or your business' identity or any other information pertaining to you, your TICKET THRILL account or a payment transaction.TICKET THRILL will notify you via email of the suspension or restriction and the reasons for it, where possible, before such measures take place and at the latest immediately thereafter, unless prevented from doing so for security reasons or by law. TICKET THRILL will reinstate your TICKET THRILL account or execute the payment transaction as soon as practicable after the reasons listed in this section no longer apply.

5. Buyers: Seat Quality, and Ticket Prices Registered Users who want to buy tickets ("Buyers") may search for events and view ticket listings. TICKET THRILL ranks and lists tickets based on a combination of ticket prices and seat quality. TICKET THRILL is not responsible for the quality of the specific seat.The price printed on the ticket in most cases will not be the same as the purchased price or the cost of the transaction. Ticket prices are set by the various vendors of ticket suppliers. TICKET THRILL does not own ticket inventory or set ticket prices. As a result, the ticket prices listed may be substantially higher (or in some cases lower) than the original face value printed on the ticket.All TICKET THRILL sales are final even though ticket prices for live events continue to fluctuate on the open market. It is possible that prices of similar seats will change over time; if the prices of similar tickets increase prior to the event, you will not be charged more. Conversely, if the price of similar tickets decreases prior to the event, no credits, refunds or upgrades will be given. TICKET THRILL will never charge more than what you have authorized. In most cases, all prices are listed in the U.S. Dollars. Exceptions arise where some international events will be listed in the countries currency. 

6. Buyers: Finding Tickets and Placing OrdersTo order tickets, a Buyer first browses TICKET THRILL's listings for tickets. When the Buyer finds desirable tickets, the Buyer places an "order". When an order is placed,  All orders are final and, once placed, cannot be cancelled or retracted. However, placing an order does not complete the sale; a sale is only completed once it has been confirmed by email. TICKET THRILL's Thrill Guarantee (available at https://www.TICKET THRILL.com/FAQ/) to the Buyer takes effect only after the order has confirmed delivery and the Buyer's credit or debit card has been charged. The Buyer's credit or debit card is not charged until the Buyer's order is confirmed by the system. However, when a Buyer places an order we obtain an authorization from the Buyer's credit or debit card for the full order amount, which is equal to the total ticket price times the quantity of the tickets ordered plus a shipping & handling charge (if required) plus a processing “service fee”. The authorization remains on the Buyer's credit card until the sale is completed or the order is cancelled. Although an authorization is not a charge, debit card issuers will place a hold on funds when an authorization is obtained by TICKET THRILL. In all cases, TICKET THRILL is not responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Buyer's credit or debit card when the Buyer places orders. .After a Buyer places an order to purchase tickets, it is possible that the tickets are  no longer available.  In that case, TICKET THRILL will work to help the Buyer source similar seats for the same price or less. However, TICKET THRILL cannot guarantee that similar seats for the same price or less will be available for sale; in this case, the Buyer's credit or debit card will not be charged and the sale will be cancelled.Event dates, times, venues, and subject matter, which are listed on the ticket, may change. It is the responsibility of the Buyer to verify the most recent details for an event. Please contact the box office or refer to local listings for any changes. It is the Buyer's responsibility to verify any possible inconsistency or discrepancy in the ticket location, description, and/or price by calling TICKET THRILL as soon as possible following the discovery of such a discrepancy. Use of a ticket without reporting a discrepancy to TICKET THRILL constitutes acceptance of the ticket as is and the Buyer is guaranteed to receive the tickets in time for the event. TICKET THRILL cannot guarantee the method of the delivery for a given sale, only that the tickets will be delivered in time for the event.If there are any issues or discrepancies with the tickets that you receive from what was purchased, TICKET THRILL will do it's best to find comparable replacement tickets. If replacement tickets cannot be found or are not available at a comparable price, TICKET THRILL reserves the right to cancel the order and credit or refund the full purchase amount to the buyer minus processing fees. In this case TICKET THRILL will provide you with a prepaid FedEx shipping label to use to return the tickets to TICKET THRILL.If you are not permitted into an event for any reason other than due to the invalidity of the ticket(s) you receive, TICKET THRILL is not responsible and you will not qualify for a refund or any other form of compensation.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.If tickets are listed incorrectly (i.e pricing) TICKET THRILL will use their sole discretion to decide whether it is appropriate to cancel a sale or fulfill the sale. This is most commonly caused when a listing is priced incorrectly and a digit (ex: $40 vs $140) or reverses the digits (ex: $260 vs $620) when setting the price on a listing. In these cases, whether an order is confirmed or not, TICKET THRILL in its sole discretion, reserves the right to cancel the sale without penalty, and provide the buyer with a credit or refund.You must notify TICKET THRILL in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: info@ticketthrill.com

7. Ticket UpgradesTicket listings are a representation of actual seat location. Tickets may be substituted with comparable or better seat locations. Actual seat and row numbers may vary from those purchased on the Site. TICKET THRILL will always look to upgrade Buyer's tickets when possible and reserves the right to determine what constitutes a "comparable" or "better" ticket for substitution or upgrade purposes.

8. Text Message PolicySome of our Services may allow you to receive SMS, MMS, or other text message notifications from us (each a "Text Message"). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply:You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from TICKET THRILL, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Your mobile provider's standard messaging rates apply to our confirmation Text Message and all subsequent Text Message correspondence. Message and data rates may apply, according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier's pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will TICKET THRILL or its affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us.You can opt-out of receiving any further Text Messages from us by replying "STOP" to any Text Message you receive from us.Message frequency will vary. TICKET THRILL reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. TICKET THRILL also reserves the right to change the short code or phone number from which messages are sent.Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. TICKET THRILL, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

9. Event Cancellation, Postponement, or Rescheduling; CreditsIf an event is cancelled and not rescheduled (as determined by TICKET THRILL), we will provide a credit or refund, as determined in TICKET THRILL's sole discretion (except to the extent a refund is required by law) for the amount paid for the tickets and shipping charges. Tickets must be returned via express mail service or other traceable mail service in order to obtain a credit or refund. The express mail service is at the customer's expense; TICKET THRILL will not provide return service postage.If any event or ticket(s) is cancelled by the organizers of the event, TICKET THRILL has no obligation to credit or refund incidental expenses that you have incurred relating to your plans to attend the event including, but not limited to, plane or transportation expenses, hotel reservations, or rental car costs. TICKET THRILL assumes no responsibility for the actions of any event organizing body when an event or ticket(s) is cancelled.If an event is postponed or rescheduled, please retain your ticket. In most cases, the original purchased ticket will be honored for the new event date. New tickets will not need to be reissued for most rescheduled or postponed events. Credits, refunds or exchanges will not be made for postponed or rescheduled events. TICKET THRILL is not responsible for incidental expenses related to a rescheduled event.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%, TICKET THRILL, at its sole discretion, reserves 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 TICKET THRILL deems 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.TICKET THRILL is not responsible for any other event changes, such as partial performances, venue, line-up or time changes. No credits or refunds will be issued under such circumstances.

10. General Policies 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.You agree not to copy, modify, or distribute any content from the Site, including TICKET THRILL's copyrights and trademarks, and/or link to the Site without TICKET THRILL's prior written permission. If TICKET THRILL is owed money, we may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. TICKET THRILL, or the collection agency it retains, may report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information TICKET THRILL reported to a credit bureau, please contact TICKET THRILL. If you wish to dispute the information a collection agency reported, contact the collection agency directly.TICKET THRILL is neither affiliated with or sponsored by the NBA, NFL, MLB, NHL, or any NBA, NFL, MLB, or NHL team. All product and company names that can be seen herein are trademarks or registered trademarks of their respective holders, and are not otherwise associated with TICKET THRILL.

11. TaxesIf any Services, or payments for any Services or tickets, under the Terms are subject to Sales Tax in any jurisdiction, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify TICKET THRILL for any liability, penalties, interest or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" shall mean any sales or use tax, and any other tax measured by sales proceeds, that TICKET THRILL is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.You further agree to make all payments of fees to TICKET THRILL free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments to TICKET THRILL will be your sole responsibility, and you will provide TICKET THRILL with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

12. Third Party Payment ProviderTICKET THRILL uses WIX  for payment processing services. By using the WIX payment processing services you agree to the WIX Payment Services Agreement.

13. OwnershipThe site, including all site software, databases, trademarks, logos, service marks, proprietary information, and materials (and any intellectual property and other rights relating thereto) ("TICKET THRILL Property"), is owned by TICKET THRILL and will remain the property of TICKET THRILL. User further acknowledges that User does not acquire any ownership rights by using the site. User may not use any TICKET THRILL Property in connection with any product or service that is not offered by TICKET THRILL, in any manner that is likely to cause confusion with TICKET THRILL's business, or in any manner that disparages TICKET THRILL. Nothing contained on the site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any TICKET THRILL Property without the express written permission of TICKET THRILL.You agree that submission of any ideas, suggestions, documents, and/or proposals to TICKET THRILL through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that TICKET THRILL has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to TICKET THRILL a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of TICKET THRILL Properties.

14. IndemnificationUser agrees to indemnify, defend, and hold TICKET THRILL, 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) User's breach of any of these terms and conditions; (b) any allegation that any information User submits or transmits to the Site infringes on or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order, or decree or any dispute concerning the tax status of TICKET THRILL; (d) User's activities in connection with the use of this Site; (e) your violation of any rights of another party, including any end users of the Services; (f) your violation of any applicable laws, rules or regulations; and/or (g) any disputes or claims between you and any other User. TICKET THRILL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TICKET THRILL in asserting any available defenses.

15. Site Changes and AvailabilityTICKET THRILL reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services, or any part of the Site or Services with or without notice for any reason. TICKET THRILL performs regularly scheduled maintenance and while we do our best to avoid customer impact, the Site or our Services may be unavailable during these maintenance periods.

16. International UsersTICKET THRILL can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that TICKET THRILL intends to announce such Services in your country. TICKET THRILL's Supplier is controlled and offered by TICKET THRILL from its facilities in the United States of America. TICKET THRILL makes no representations that TICKET THRILL is appropriate or available for use in other locations. Those who access or use TICKET THRILL from other countries do so at their own volition and are responsible for compliance with local law.

17. Disclaimers and Limitations on LiabilityNo 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. TICKET THRILL DISCLAIMS, 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. TICKET THRILL DOES 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. TICKET THRILL 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.No Liability for Conduct of Third Parties: YOU ACKNOWLEDGE AND AGREE THAT TICKET THRILL PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TICKET THRILL PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.No Liability for Conduct of Other Users: YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF TICKET THRILL PROPERTIES. YOU UNDERSTAND THAT TICKET THRILL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR LISTINGS OF USERS OF TICKET THRILL PROPERTIES. ANY TICKETS PURCHASED OR SOLD THROUGH TICKET THRILL PROPERTIES ARE AT YOUR OWN RISK, AND TICKET THRILL MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY TICKET IS VALID, THAT ANY BUYER WILL PAY FOR A TICKET OR THAT ANY PARTY WILL COMPLETE A TRANSACTION.Limitation of Liability: NEITHER TICKET THRILL 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 TICKET THRILL 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 TICKET THRILL; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) 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; (VI) ANY ERROR, MISTAKE, INACCURACY, OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VII) ANY LOST, STOLEN, OR DAMAGED TICKETS 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.Cap on Liability. UNDER NO CIRCUMSTANCES WILL TICKET THRILL PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO TICKET THRILL BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A TICKET THRILL PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A TICKET THRILL PARTY'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A TICKET THRILL PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.User Information. EXCEPT FOR TICKET THRILL'S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN TICKET THRILL'S PRIVACY POLICY, TICKET THRILL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY PERSONALIZATION SETTINGS.Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TICKET THRILL AND YOU.

18. Dispute ResolutionPlease read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with TICKET THRILL and limits the manner in which you can seek relief from us.

18.1 Applicability of Arbitration Agreement: You agree that any dispute or claim relating in any way to your access or use of the TICKET THRILL, to any products sold or distributed through the TICKET THRILL, or to any aspect of your relationship with TICKET THRILL, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or TICKET THRILL may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Arbitration Agreement or any prior version of this Agreement.

18.2 Arbitration Rules and Forum: The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, TICKET THRILL will pay them for you. In addition, TICKET THRILL will reimburse all such JAMS's filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

18.3 Authority of Arbitrator: The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and TICKET THRILL. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

18.4 Waiver of Jury Trial: YOU AND TICKET THRILL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TICKET THRILL are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 22.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

18.5 Waiver of Class or Other Non-Individualized Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in Wyoming. All other claims shall be arbitrated.

18.6 30-Day Right to Opt Out: You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: info@ticketthrill.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your TICKET THRILL username (if any), the email address you used to set up your TICKET THRILL account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

18.7 Severability: Except as provided in subsection 22.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

18.8 Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with TICKET THRILL.

18.9 Modification: Notwithstanding any provision in this Agreement to the contrary, we agree that if TICKET THRILL makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing TICKET THRILL at the following address: info@ticketthrill.com

19. User ContentTICKET THRILL allows you to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Site ("User Content").By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit User Content.If you submit User Content to the Site, you grant TICKET THRILL a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with the Agreement. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.Following termination or deactivation of your account, or if you remove any User Content from TICKET THRILL, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.Statements, opinions and reviews posted by participants on the Site may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person's name and likeness in the manner contemplated by the Site and the Agreement or, if the person is a minor, the written permission of the minor's parent or legal guardian.We will have the right (but not the obligation) to monitor the Site and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.If we are notified that your User Content does not comply with the Agreement, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.

20. Claims of Copyright Infringement on the SiteIt is TICKET THRILL's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, TICKET THRILL will respond expeditiously to claims of copyright infringement committed using the the Site that are reported to TICKET THRILL's Designated Copyright Agent, identified below.If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement ("Notice") and delivering it to TICKET THRILL's Designated Copyright Agent. Upon receipt of the Notice as described below, TICKET THRILL will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. If TICKET THRILL removes or disables access to content in response to a Notice, we may notify the user with details about the Notice so that they can submit a counter-notice. TICKET THRILL may also send a complete copy of the Notice to users where appropriate.You can submit a Notice by sending the following information to our Designated Copyright Agent:1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the website where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the website where such reference or link may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature.If the work you identified is an image, you can ask TICKET THRILL to remove all copies of the image identified in your request by clearly specifying in the beginning of your email that you are requesting that TICKET THRILL "remove all User Content containing the image". Please note that only identical copies of the image file can be removed by this function. If an image file has been re-sized or altered in any other way, then it cannot be detected or removed through this function.Deliver this Notice, with all items completed, to TICKET THRILL's Designated Copyright Agent:

Email: copyright@TICKET THRILL.com Note: This email address should only be used for copyright complaints. If you need to contact TICKET THRILL for any other reason, please email us at support@TICKET THRILL.com.If you receive a notification that your User Content has been removed due a copyright complaint, it means that the User Content has been deleted from TICKET THRILL at the request of the content's owner. If you want us to forward the information from the Copyright Complaint notification, contact us at copyright@TICKET THRILL.com and we will provide you with this information (though we may remove personal contact information where appropriate). If your account receives too many copyright complaints, you may lose the ability to submit User Content on TICKET THRILL, and your account may be disabled completely.If you believe User Content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will remove the complaint from your account's record.Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.How to File a Counter-Notice:• Email your counter-notice to copyright@TICKET THRILL.com.

• Include all of the following:

• Your name, address, and telephone number.

• DMCA ID printed on the notification email.

• The source address of the content that was removed (copy and paste the link in the notification email).

• A statement under penalty of perjury that you have a good faith belief that the content was removed in error.

• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which TICKET THRILL may be found, and that you will accept service of process from the person who provided the original complaint or an agent of such person.

• A physical or electronic signature (for example, typing your full name).

 

21. ADA Terms & ConditionsTickets for accessible seats (i.e., seats to accommodate wheelchairs and companion seats) are intended solely for individuals with disabilities and their companions. By purchasing a ticket for an accessible seat, you represent and warrant that either you and/or one or more of your companions require the accessible seat features. TICKET THRILL reserves the right to investigate and/or cancel orders if there is any suspected misuse of accessible seating and take legal action against individuals who fraudulently purchase tickets for accessible seats. In addition the venue where the event will take place may redirect you and your party to non-accessible seats if you do not require such accommodations. Clicking on the 'Continue to Checkout' button, 'Continue' button, or otherwise purchasing accessible seats shall certify your assent to these terms.

 

22. MiscellaneousThis Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification, or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of TICKET THRILL, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights, or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each section of this Agreement is for reference purposes only and in no way defines, limits, construes, or describes the scope or extent of such section. TICKET THRILL shall not be in breach of, or otherwise liable in connection with, this Agreement for delay or failure in performing its obligations by reason of any cause beyond TICKET THRILL’s reasonable control, including, without limitation, acts of nature, war, natural disaster, governmental regulations or any executive, administrative or judicial order, terrorism, communication or utility failures or casualties, the failures or acts of third parties, fire, earthquake, flood, epidemic, pandemic, accident, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, any failure or delay of any transportation, power or communications system, or any other similar cause.