Terms of use

Terms of Use

Agreement between User and Awitickets
Please read this Terms of Use agreement (the “Terms of Use” or “Terms”) carefully.
These Terms of Use govern the use of Awitickets.com, or the mobile applications
“Awitickets” (the “Digital Properties”) of Awitickets, Inc. (“Awitickets”), 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”, “Place Order” or “Sign Up” button,
completing the registration process, making a purchase, listing a ticket for sale,
and/or browsing the website or downloading Awiticket’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 Awitickets, 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.
Please be aware that Section 14 of these Terms of Use, below, contains provisions
governing how claims are resolved that you and we have against each other,
including, without limitation, any claims that arose or were asserted prior to the
effective date of these Terms of Use.

IN PARTICULAR, IT CONTAINS AN
ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE
DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL
ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT,
DISPUTES BETWEEN YOU AND AWITICKETS WILL BE RESOLVED SOLELY ON AN
INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY
OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

Your use of, and participation in, certain Services may be subject to additional terms
(“Supplemental Terms”) and such Supplemental Terms will either be listed in the
Terms of Use or will be presented to you for your acceptance when you sign up to
use the supplemental Service. If the Terms of Use are inconsistent with the
Supplemental Terms, the Supplemental Terms shall control with respect to such
Service. The Terms of Use and any applicable Supplemental Terms are referred to
herein as the “Terms.”

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY AWITICKETS
IN ITS SOLE DISCRETION AT ANY TIME. If you do not agree to any change(s), you
shall stop using the Digital Properties and/or the Services. Otherwise, your continued
use of the Digital Properties and/or Services constitutes your acceptance of such
change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THENCURRENT TERMS.

Awitickets Marketplace.
1. Awitickets Ticket Marketplace. Awitickets offers an online secondary
marketplace that allows Users (as defined below) to buy (each, a “Buyer”) and
sell (each, a “Seller”) tickets and other related items to events (each or
together (as the context may require), a “Ticket”). As such, our marketplace
Services are merely designed to act as a marketplace to connect Buyers and
Sellers, and for transactions listed or taking place via Awitickets’s ticket
marketplace, Awitickets makes no guarantee with respect (a) to the existence,
quality, safety or legality of the Tickets, (b) the truth or accuracy of a Seller’s
listings or content, (c) the ability of Sellers to sell Tickets or the ability of
Buyers to pay for them, or (d) that a Seller or Buyer will complete any
transaction.
2. No Endorsement. Unless otherwise expressly stated by Awitickets, the display
of any Tickets or Sellers on our Digital Properties does not in any way imply,
suggest or constitute an endorsement by us of those Tickets or that Seller, or
any sponsorship of us by such Seller, or any other affiliation between such
Seller and us.
3. Tickets. Sellers set the Ticket prices/value (the “Ticket Price”) and the Ticket
Prices may be set at, above or below the original price of the Ticket. Unless
otherwise noted on a Ticket, on the listing or on a confirmation page or email,
Tickets may be transferable, even if another person’s name appears on the
face of the Ticket. Some Sellers may offer Tickets for sale, even though they
may not have them in their possession at the time of their listing or completion
of sale. Regardless, it is still expected that all Sellers are obligated to deliver
the Tickets to you prior to the event, and a failure to provide you the Tickets
prior to the Event will be subject to the Buyer Guarantee. For further
information regarding tickets that are not in the possession of the Seller at the
time of sale, please see Section 5 regarding Speculative Ticketing. All prices
for Tickets are in United States dollars unless noted otherwise.
4. Buying Tickets. Buyers are solely responsible for completing their transactions
in their purchase of Tickets, including the payment of applicable fees. By
committing to purchase a Ticket, you are entering into a binding contract with
the Seller to purchase the applicable Ticket. All sales are final, and except for
canceled events, you will not receive a refund for any completed purchase.
You cannot change or cancel orders after the sale is complete.
1. Agreement. You agree to supply Seller and Awitickets with the
appropriate information necessary for delivery of tickets, including, but
not limited to, email address and physical address (if applicable). If you
provide incorrect information for the delivery of Tickets, or you are
unavailable to receive the tickets when they are delivered, you will not
be eligible for a refund or Buyer Guarantee (referenced below).
2. Number of Tickets or “Ticket Limits”. In an effort to give all interested
customers an opportunity to purchase Tickets to an event or other items
via the Service and to discourage unfair Ticket buying practices, our
clients often set limits on the number of seating and/or parking rights, or
tickets a single customer may purchase. You will be advised of any such
limits during the purchase process, or by a system limitation on the
number of Tickets you may purchase during your online session. Tickets
purchased for an event during multiple online sessions via the Service
may be totaled to ensure that any limitations imposed by the Awitickets
client is not exceeded. Each Awitickets account must be linked to a
unique individual, and must contain valid and verifiable information.
Multiple accounts may not be used to circumvent or exceed published
ticket limits. If you exceed or attempt to exceed the posted ticket limits
for a particular event, Awitickets may cancel, without notice, any or all
Ticket purchase transactions made by you for such event and return the
Tickets to our client, in addition to prohibiting your Ticket purchasing
abilities for the event.
3. Use of Ticket Bot Technology. You may not attempt to conceal your
identity by using multiple Internet Protocol addresses or email
addresses, or by any other means, to conduct Ticket transactions on the
Awitickets online marketplace. You may not use ticket bot technology to
search for, reserve, or purchase Tickets through the Awitickets online
marketplace. For the avoidance of doubt, this specifically prohibits you
from using automated ticket purchasing software on the Awitickets
online marketplace, and prohibits you from circumventing any security
measure, access control system, or other technological control or
measure on the Awitickets online marketplace that is used to enforce
posted event Ticket purchasing limits or to maintain the integrity of
posted online Ticket purchasing order rules.
4. Original Ticket Price. We may provide the original ticket price for a
Ticket being sold on our Digital Properties prior to purchase, in
accordance with applicable law. As a Buyer, you should understand that
(i) we can only provide the original price if we have access to the
information, either from our own records as the primary ticketing service
provider for the last sale or from the Seller themselves, and (ii) in the
event we receive this information from the Seller, we do not
independently verify the truthfulness or accuracy of such information.
5. Buyer Guarantee. We want Buyers to be able to buy Tickets with confidence.
Accordingly, each qualified order is covered by Awitickets’s Buyer Guarantee
found here.
6. Selling Tickets. If you are a Seller that is not part of our Seller Direct Program,
your activities are governed by and subject to our Supplemental Terms for
Sellers found here. Please note that Awitickets cannot guarantee (a) that every
Ticket purchased on Awitickets will be eligible for resale on Awitickets (such
as, for example, a promoter for a tour requests resale to be disabled), or (b)
that you will receive your Ticket from a Seller enough in advance of the event
to enable you to resell the Ticket. In addition, you may not be able to list a
Ticket for resale at your desired price (for example, we may impose a Ticket
price cap for fraud purposes).
7. Awitickets Properties. The Digital Properties, the Services, and the
information and content available on or in the Digital Properties and the
Services (as these terms are defined herein) (collectively, the “Awitickets
Properties.”) are protected by copyright laws throughout the world. Unless
otherwise specified by Awitickets in a separate license, your right to use any
Awitickets Properties is subject to the Terms.
1. Application License. Subject to your compliance with the Terms,
Awitickets grants you a limited non-exclusive, non-transferable, nonsublicensable, revocable license to download, install and use a copy of
the Application on a single mobile device or computer that you own or
control and to run such copy of the Application solely for your own
personal or internal business purposes. Furthermore, with respect to
any Application accessed through or downloaded from the Apple App
Store (an “App Store Sourced Application”), you will only use the App
Store Sourced Application (i) on an Apple-branded product that runs the
iOS (Apple’s proprietary operating system) and (ii) as permitted by the
“Usage Rules” set forth in the Apple App Store Terms of Service.
2. Updates. You understand that Awitickets Properties are evolving. As a
result, Awitickets may require you to accept updates to Awitickets
Properties that you have installed on your computer or mobile device.
You acknowledge and agree that Awitickets may update Awitickets
Properties with or without notifying you. You may need to update thirdparty software from time to time in order to use Awitickets Properties.
3. Certain Restrictions. The rights granted to you in the Terms are subject
to the following restrictions: (a) you shall not license, sell, rent, lease,
transfer, assign, reproduce, distribute, host or otherwise commercially
exploit Awitickets Properties or any portion of Awitickets Properties,
including the Digital Properties, (b) you shall not frame or utilize framing
techniques to enclose any trademark, logo, or other Awitickets
Properties (including images, text, page layout or form) of Awitickets; (c)
you shall not use any metatags or other “hidden text” using Awitickets’s
name or trademarks; (d) you shall not modify, translate, adapt, merge,
make derivative works of, disassemble, decompile, reverse compile or
reverse engineer any part of Awitickets Properties except to the extent
the foregoing restrictions are expressly prohibited by applicable law; (e)
you shall not use any manual or automated software, devices or other
processes (including but not limited to spiders, robots, scrapers,
crawlers, avatars, data mining tools or the like) to “scrape” or download
data from any web pages contained in or on the Digital Properties
(except that we grant the operators of public search engines revocable
permission to use spiders to copy materials from the Digital Properties
for the sole purpose of and solely to the extent necessary for creating
publicly available searchable indices of the materials, but not caches or
archives of such materials); (f) you shall not access Awitickets
Properties in order to build a similar or competitive website, application
or service; (g) except as expressly stated herein, no part of Awitickets
Properties may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any
means; and (h) you shall not remove or destroy any copyright notices or
other proprietary markings contained on or in Awitickets Properties. Any
future release, update or other addition to Awitickets Properties shall be
subject to the Terms. You further acknowledge and agree that (i) you
will not access any Digital Property for the purpose of bringing a claim or
action against Awitickets including, but not limited to patent infringement
or ADA compliance, and (ii) agree that violation of the foregoing will
result in a fee of not less than $50,000. Awitickets, its suppliers and
service providers reserve all rights not granted in the Terms. Any
unauthorized use of Awitickets Properties (in addition to any other right
or remedies) shall result in the automatic and immediate termination of
the licenses granted by Awitickets pursuant to the Terms.
8. Awitickets Swaps. Unless otherwise indicated when you purchase the
Ticket(s), you may return any Ticket(s) eligible for return pursuant to this
Awitickets Swaps policy to Awitickets in exchange for a promotional code equal
to the original price you paid for your Ticket(s), including all taxes and service
fees, at any time up to 72 hours prior to the scheduled start time of your event
(for packages or bundles of Tickets, 72 hours prior to the scheduled start time
of the first event included in your package or bundle) (the “Awitickets Swaps
Deadline”), if you agree with the following:
1. You return your Ticket(s) by the Awitickets Swaps Deadline in
accordance with the instructions provided to you by Awitickets;
2. For packages or bundles of Tickets, no partial return of the package or
bundle is allowed, meaning that (1) only the entire package or bundle
can be exchanged prior to the Awitickets Swaps Deadline and (2) after
the Awitickets Swaps Deadline, none of the Tickets in the package or
bundle may be returned pursuant to the Awitickets Swaps policy;
3. You will not sell or resell the Ticket(s) and doing so will forfeit your
eligibility to return your Ticket(s) pursuant to this Section 1.8;
4. The promotional code (1) shall be issued to you only after your Ticket(s)
have been received by Awitickets by the Awitickets Swaps Deadline; (2)
shall expire twelve (12) months from the date of issue; and (3) is only
eligible for one-time use, meaning that if you use the promotional code
on a purchase that is less than the value of the promotional code, you
forfeit the remaining balance and may not use the promotional code
again;
5. No more than one return pursuant to this Awitickets Swaps policy is
permitted within 30 calendar days; and
6. Additional terms may apply to your event as specified at the time you
purchase your Ticket(s).
Registration.
1. Registering Your Account. In order to access certain features of Awitickets
Properties you may be required to become a Registered User. For purposes of
the Terms, “Registered User” is an end user of the Services (“User”) who has
registered an account on the Digital Properties (“Account”), or has a valid
account on the social networking service (“SNS”) through which the User has
connected to the Services (each such account, a “Third-Party Account
2. Access Through a SNS. If you access the Awitickets Properties through a SNS
as part of the functionality of the Digital Properties, the Application and/or the
Services, you may link your Account with Third-Party Accounts, by allowing
Awitickets to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party
Account. You represent that you are entitled to disclose your Third-Party
Account login information to Awitickets and/or grant Awitickets access to your
Third-Party Account (including, but not limited to, for use for the purposes
described herein) without breach by you of any of the terms and conditions that
govern your use of the applicable Third-Party Account and without obligating
Awitickets to pay any fees or making Awitickets subject to any usage
limitations imposed by such third-party service providers. PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRDPARTY SERVICE PROVIDERS, AND AWITICKETS DISCLAIMS ANY
LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE
PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN
VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH
THIRD-PARTY ACCOUNTS.
3. Registration Data In registering an account on the Services, you agree to (1)
provide true, accurate, current and complete information about yourself as
prompted by the registration form (the “Registration Data”); and (2) maintain
and promptly update the Registration Data to keep it true, accurate, current
and complete. You represent that you are (1) at least thirteen (13) years old;
(2) of legal age to form a binding contract; and (3) not a person barred from
using Awitickets Properties under the laws of the United States, your place of
residence or any other applicable jurisdiction. You are responsible for all
activities that occur under your Account. You may not share your Account or
password with anyone, and you agree to (1) notify Awitickets immediately of
any unauthorized use of your password or any other breach of security; and (2)
exit from your Account at the end of each session. If you provide any
information that is untrue, inaccurate, not current or incomplete, or Awitickets
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Awitickets has the right to suspend or terminate your
Account and refuse any and all current or future use of Awitickets Properties
(or any portion thereof). You agree not to create an Account using a false
identity or information, or on behalf of someone other than yourself (and you
agree that violation of the foregoing will result in a fee of not less than
$50,000). You agree that you shall not have more than one Account per
platform or SNS at any given time. Awitickets reserves the right to remove or
reclaim any usernames at any time and for any reason, including but not
limited to, claims by a third party that a username violates the third party’s
rights. You agree not to create an Account or use Awitickets Properties if you
have been previously removed by Awitickets, or if you have been previously
banned from any of Awitickets Properties.
4. Necessary Equipment and Software. You must provide all equipment and
software necessary to connect to Awitickets Properties, including but not
limited to, a mobile device that is suitable to connect with and use Awitickets
Properties, in cases where the Services offer a mobile component. You are
solely responsible for any fees, including Internet connection or mobile fees,
that you incur when accessing Awitickets Properties.
Ownership.
1. Awitickets Properties. You agree that Awitickets and its suppliers own all
rights, title and interest in Awitickets Properties and all content therein or
thereon. You agree that you have no right or title in or to any such content or
the Awitickets Properties. You will not remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices incorporated in or
accompanying the Digital Properties, the Services, or Awitickets Properties.
2. Feedback You agree that submission of any ideas, suggestions, documents,
and/or proposals to Awitickets through its suggestion, feedback, wiki, forum or
similar pages (“Feedback”) is at your own risk and that Awitickets 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 Awitickets 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 Awitickets Properties.
User Conduct.
1. Unauthorized Use or Access. You agree that you will not, under any
circumstances:
1. Interfere or attempt to interfere with the proper functioning of Awitickets
Properties or connect to or use Awitickets Properties in any way not
expressly permitted by the Terms;
2. Systematically retrieve data or other content from our Awitickets
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;
3. Use, display, mirror or frame Awitickets Properties, or any individual
element within Awitickets Properties, Awitickets’s name, any Awitickets
trademark, logo or other proprietary information, or the layout and
design of any page or form contained on a page, without Awitickets’s
express written consent;
4. Use any unauthorized software that accesses, intercepts, “mines” or
otherwise collects information from or through Awitickets Properties or
that is in transit from or to Awitickets Properties, including, but not
limited to, any software that reads areas of RAM or streams of network
traffic used by Awitickets Properties;
5. Intercept, examine or otherwise observe any proprietary
communications protocol used by a client, a server or Awitickets
Properties, whether through the use of a network analyzer, packet
sniffer or other device;
6. Make any automated use of Awitickets Properties, or take any action
that imposes or may impose (in Awitickets’s sole discretion) an
unreasonable or disproportionately large load on the infrastructure for
Awitickets Properties;
7. Bypass any robot exclusion headers or other measures Awitickets takes
to restrict access to Awitickets Properties, or use any software,
technology or device to send content or messages, scrape, spider or
crawl Awitickets Properties, or harvest or manipulate data;
8. Use, facilitate, create, or maintain any unauthorized connection to
Awitickets Properties, including, but not limited to: (i) any connection to
any unauthorized server that emulates, or attempts to emulate, any part
of Awitickets Properties; or (ii) any connection using programs, tools or
software not expressly approved by Awitickets;
9. Reverse engineer, decompile, disassemble, decipher or otherwise
attempt to derive the source code for any underlying software or other
intellectual property used to provide Awitickets Properties, or to obtain
any information from Awitickets Properties;
10.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;
11.Solicit or attempt to solicit personal information from other Users of
Awitickets Properties;
12.Use Awitickets 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;
13.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 Awitickets
Properties to send altered, deceptive or false source-identifying
information; or
14.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, 1×1 pixels, web
bugs, cookies or other similar devices (sometimes referred to as
“spyware,” “passive collection mechanisms” or “pcms”).
2. General. In connection with your use of Awitickets Properties, you shall not:
1. Harm minors in any way;
2. Impersonate any person or entity, including, but not limited to, Awitickets
personnel, or falsely state or otherwise misrepresent your affiliation with
a person or entity;
3. Intentionally or unintentionally violate any applicable local, state,
national or international law or regulation, or any order of a court;
4. Register for more than one Account or register for an Account on behalf
of an individual other than yourself;
5. Stalk or otherwise harass any other User of our Awitickets Properties; or
6. Advocate, encourage or assist any third party in doing any of the
foregoing activities in this section.
Speculative Ticketing. For the purpose of these Terms of Use, Speculative Ticketing
means the sale of tickets for which the Seller has neither possession of the actual
ticket nor the contractual right to purchase a ticket that is materially consistent with
the description of the ticket listed for sale on the Awitickets Platform (“Speculative
Ticketing”). Awitickets does not permit Speculative Ticketing for NFL games, nor
does Awitickets permit Sellers that are not professional Sellers as part of the
Awitickets Seller Direct program to participate in Speculative Ticketing, but Awitickets
may permit Speculative Ticketing by professional Sellers for other events. Regardless
of whether you purchased a Ticket or purchased the right to a Ticket by purchasing a
Speculative Ticketing listing, Awitickets stands behind the Buyer Guarantee set forth
in Section 1.5.
App Stores. You acknowledge and agree that the availability of the Application and
the Services is dependent on the third party from whom you received the Application
license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge
that the Terms are between you and Awitickets and not with the App Store.
Awitickets, not the App Store, is solely responsible for Awitickets Properties, including
the Application, the content thereof, maintenance, support services, and warranty
therefor, and addressing any claims relating thereto (e.g., product liability, legal
compliance or intellectual property infringement). In order to use the Application, you
must have access to a wireless network, and you agree to pay all fees associated
with such access. You also agree to pay all fees (if any) charged by the App Store in
connection with Awitickets Properties, including the Application. You agree to comply
with, and your license to use the Application is conditioned upon your compliance
with, all applicable third-party terms of agreement (e.g., the App Store’s terms and
policies) when using Awitickets Properties, including the Application. You
acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of
the Terms and will have the right to enforce them.
Fees, Purchase Terms, and Credits.

1. Service Fees Awitickets may charge fees for buying and/or selling Tickets
through our Services, as well as delivery or fulfillment fees (collectively,
“Service Fees”), which is made available to you prior to buying or selling a
ticket. Awitickets reserves the right at any time to change its Service Fees and
billing methods. Awitickets may retain Service Fees if you do not fulfill your
obligations hereunder or if the Event is canceled. You must provide Awitickets
with a valid credit card (Visa, MasterCard, or any other issuer accepted by us)
(“Payment Provider”) a condition to signing up for the Services (each, a
“Payment Method”). Your Payment Provider agreement governs your use of
the designated credit or debit card, and you must refer to that agreement and
not the Terms to determine your rights and liabilities. By providing Awitickets
with your credit or debit card number and associated payment information, you
agree that Awitickets is authorized to immediately invoice your Account for all
fees and charges due and payable to Awitickets hereunder and that no
additional notice or consent is required. You agree to immediately notify
Awitickets of any change in your billing address or the credit or debit card used
for payment hereunder.
2. Payments by Buyers. As a Buyer you agree to pay all fees or charges to your
Account in accordance with the fees, charges and billing terms in effect at the
time a fee or charge is due and payable.
3. Event Cancellations and Postponement.
1. Event Cancellation. If an event is canceled and not rescheduled (a
“Canceled Event”), Awitickets will remove the event and any listing
related to the event from the Services, and provide Buyers with notice of
the cancellation and further instructions. Buyers are required to retain
their Ticket(s) with respect to Canceled Events and send them back to
Awitickets or to the Seller, as directed by Awitickets. A Buyer will receive
a refund or, subject to applicable state laws, a credit, to be determined
in Awitickets’s sole discretion, once the Buyer has sent back the
Ticket(s) in the manner and within the timeline given by Awitickets, and
the Seller will not receive the Ticket Price. Please note that certain
states require the refund of a Ticket if an event is canceled and
Awitickets’s refund policy is intended at all times to comply with all
applicable state laws. If you did not receive a refund for a canceled
event but believe that you are entitled to one under applicable state law,
please contact Awitickets immediately at hi@Awitickets.com.
2. Event Postponement. If an event is postponed, Awitickets will work with
Buyers, on a case-by-case basis, to attempt to resolve the issues.
Refunds or credits will not be issued for postponed events, unless they
are canceled.
3. Other Event Changes. Awitickets is not responsible for any other event
changes, such as partial performances, venue, line-up or time changes.
No refunds or credits will be issued under such circumstances.
4. Taxes. Awitickets collects and remits Sales Tax on secondary sales in the
following jurisdictions: Georgia, Idaho, Louisiana, Minnesota, North Carolina,
North Dakota, Tennessee, Texas, West Virginia, Wisconsin, Wyoming and
Washington D.C. Awitickets may collect and remit Sales Tax in additional
jurisdictions in accordance with applicable regulatory and legislative changes.
If 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 Awitickets 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 Awitickets 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.
5. Withholding Taxes. You agree to make all payments of fees to Awitickets free
and clear of, and without reduction for, any withholding taxes. Any such taxes
imposed on payments of fees to Awitickets will be your sole responsibility, and
you will provide Awitickets 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.
6. Third Party Payment Provider. Awitickets utilizes third-party payment
processing services. The processing of payments may be subject to terms and
conditions of the third-party payment processors in addition to these Terms of
Use. You must notify us 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: Hi@Awitickets.com.
7. Credits. Awitickets may offer promo codes, discount credits, or other types of
credits (“Credits”). In order to utilize the Credit, you need to create an account
through the Digital Properties and input your information. Credits will expire on
the date stated in the offer. If no expiration date is listed, Credits will expire one
year after the first day it can be utilized by you. Unless otherwise stated, a
Credit is for one-time use only. Thus, if the total price of the Ticket(s)
purchased is/are less than the monetary amount of the Credit, the difference
cannot be utilized in subsequent purchases. Additionally, a Credit may not be
copied, reproduced, distributed, or published either directly or indirectly in any
form or stored in data retrieval systems without our prior written approval.
Awitickets reserves the right to withdraw or deactivate any Credit (other than
one which has been purchased) for any reason, at any time. In some
circumstances involving the Buyer Guarantee, you may be eligible to select
either a refund or a Credit. Upon making a selection between either a refund or
a Credit, you will not be able to switch your choice. Credits may only be
redeemed through the Digital Properties, and not through any other website or
method of communication.
Indemnification. You agree to indemnify and hold Awitickets, its parents,
subsidiaries, affiliates, officers, employees, agents, partners and licensors
(collectively, the “Awitickets Parties”) harmless from any losses, costs, liabilities and
expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) as a
Seller, the content of your listings and any errors, inaccuracies or omissions therein;
(b) your use of, or inability to use, Awitickets Properties; (c) your violation of the
Terms; (d) your violation of any rights of another party, including any end users of the
Services; (e) your violation of any applicable laws, rules or regulations; or (f) any
disputes or claims between you and any other User. Awitickets 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
Awitickets in asserting any available defenses. This provision does not require you to
indemnify any of the Awitickets Parties for any unconscionable commercial practice
by such party or for such party’s fraud, deception, false promise, misrepresentation or
concealment, suppression or omission of any material fact in connection with the
Digital Properties or any Services provided hereunder. You agree that the provisions
in this section will survive any termination of your Account, the Terms or your access
to Awitickets Properties.
Disclaimer of Warranties and Conditions.
1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE
EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF AWITICKETS
PROPERTIES IS AT YOUR SOLE RISK, AND AWITICKETS PROPERTIES
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL
FAULTS. AWITICKETS PARTIES EXPRESSLY DISCLAIM ALL
WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
ARISING FROM USE OF THE AWITICKETS WEBSITE, APPLICATION OR
SERVICES.
1. AWITICKETS PARTIES MAKE NO WARRANTY, REPRESENTATION
OR CONDITION THAT: (1) AWITICKETS PROPERTIES WILL MEET
YOUR REQUIREMENTS; (2) YOUR USE OF AWITICKETS
PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED
FROM USE OF AWITICKETS PROPERTIES WILL BE ACCURATE OR
RELIABLE.
2. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS
AND OTHER DISRUPTIONS. AWITICKETS MAKES NO WARRANTY,
REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES,
INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS,
REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED FROM AWITICKETS OR THROUGH AWITICKETS
PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
4. FROM TIME TO TIME, AWITICKETS MAY OFFER NEW “BETA”
FEATURES OR TOOLS WITH WHICH ITS USERS MAY
EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED
SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY
WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR
DISCONTINUED AT AWITICKETS’S SOLE DISCRETION. THE
PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO
SUCH FEATURES OR TOOLS.
2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND
AGREE THAT AWITICKETS PARTIES ARE NOT LIABLE, AND YOU AGREE
NOT TO SEEK TO HOLD AWITICKETS 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.
3. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE
FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH
OTHER USERS OF AWITICKETS PROPERTIES. YOU UNDERSTAND THAT
AWITICKETS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE
STATEMENTS OR LISTINGS OF USERS OF AWITICKETS PROPERTIES.
ANY TICKETS PURCHASED OR SOLD THROUGH AWITICKETS
PROPERTIES ARE AT YOUR OWN RISK, AND AWITICKETS MAKES NO
REPRESENTATIONS OR WARRANTIES THAT ANY TICKET IS VALID, THAT
ANY BUYER WILL PAY FOR A TICKET, THAT ANY SELLER WILL SELL A
VALID TICKET, OR THAT ANY PARTY WILL COMPLETE A TRANSACTION.
Limitation of Liability.
1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN
NO EVENT SHALL AWITICKETS PARTIES BE LIABLE FOR ANY LOSS OF
PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH
AWITICKETS PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF
PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT AWITICKETS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY
COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS
OF AWITICKETS PROPERTIES, ON ANY THEORY OF LIABILITY,
RESULTING FROM: (1) THE USE OR INABILITY TO USE AWITICKETS
PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH
AWITICKETS PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON AWITICKETS PROPERTIES; OR (5)
ANY OTHER MATTER RELATED TO AWITICKETS PROPERTIES,
WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL
THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO
LIABILITY OF A AWITICKETS PARTY FOR (A) DEATH OR PERSONAL
INJURY CAUSED BY A AWITICKETS PARTY’S NEGLIGENCE; FOR(B) ANY
INJURY CAUSED BY A AWITICKETS PARTY’S FRAUD OR FRAUDULENT
MISREPRESENTATION; OR (C) ANY DAMAGES THAT CANNOT BE
DISCLAIMED BY APPLICABLE LAW.
2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL AWITICKETS
PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A)
THE TOTAL AMOUNT PAID TO AWITICKETS BY YOU DURING THE ONEMONTH 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
AWITICKETS PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY
A AWITICKETS PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED
BY A AWITICKETS PARTY’S FRAUD OR FRAUDULENT
MISREPRESENTATION.
3. User Information. EXCEPT FOR AWITICKETS’S OBLIGATIONS TO
PROTECT YOUR PERSONAL DATA AS SET FORTH IN AWITICKETS’S
PRIVACY POLICY, AWITICKETS ASSUMES NO RESPONSIBILITY FOR THE
TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY
PERSONALIZATION SETTINGS.
4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN AWITICKETS AND YOU.
Remedies.
1. Violations. If Awitickets becomes aware of any possible violations by you of
the Terms, Awitickets reserves the right to investigate such violations. If, as a
result of the investigation, Awitickets believes that criminal activity has
occurred, Awitickets reserves the right to refer the matter to, and to cooperate
with, any and all applicable legal authorities. Awitickets is entitled, except to
the extent prohibited by applicable law, to disclose any information or materials
on or in Awitickets Properties in Awitickets’s possession in connection with
your use of Awitickets Properties, to (1) comply with applicable laws, legal
process or governmental request; (2) enforce the Terms, (3) respond to your
requests for customer service, or (4) protect the rights, property or personal
safety of Awitickets, its Users or the public, and all enforcement or other
government officials, as Awitickets in its sole discretion believes to be
necessary or appropriate.
2. Right to Cancel Transaction; Other Remedies.
1. Right to Cancel Transaction. In certain circumstances, we may cancel a
Ticket transaction (whether a purchase, listing, and/or transfer) without
notice and return the Tickets to our client or to the individual who held
the Tickets prior to the completion of the transaction. Such
circumstances include, but are not limited to, the following:
1. if an event is canceled without being rescheduled;
2. if the Buyer’s payment method provider does not remit payment;
3. if we or our client suspects, in our sole discretion, unauthorized or
fraudulent use of a Buyer, Seller, and/or transferee’s account with
us;
4. if we or our client suspects, in our sole discretion, unauthorized or
fraudulent use of a Buyer, Seller, and/or transferee’s account with
us;
5. if a Buyer, Seller, and/or transferee breaches these Terms of
Use;
6. if we or our client deems, in our sole discretion, that a Ticket
transaction violates the law; and/or
7. if there is an error in the pricing of a Ticket offered for sale
through our Service; and/or
8. if we or our client believes, in our sole discretion, that a buyer,
seller, and/or transferee has otherwise engaged in inappropriate
conduct in connection with a Ticket transaction.
As part of the cancellation of any Ticket transaction, Awitickets may
remove any relevant sales proceeds from the resale Ticket seller’s
Awitickets account, process a reversal of a prior funds transfer made to
the seller or charge the payment method on file for such seller and/or
cancel a pending Ticket transaction, whether for resale Tickets or
primary Tickets.
2. Other Remedies In certain circumstances, we may, in addition to any
applicable remedies listed above, (a) discontinue an individual’s
registration with any of the Awitickets Properties, including any of the
Services; and/or (b) pursue any other action which Awitickets deems
appropriate. Such circumstances include, but are not limited to, the
following:
1. if we or our client suspects, in our sole discretion, unauthorized or
fraudulent use of a Buyer, Seller, and/or transferee’s account with
us;
2. if we or our client suspects, in our sole discretion, unauthorized or
fraudulent use of a Buyer, Seller, and/or transferee’s account with
us;
3. if a Buyer, Seller, and/or transferee breaches these Terms of
Use;
4. if we or our client deems, in our sole discretion, that a Ticket
transaction violates the law; and/or
5. if we or our client believes, in our sole discretion, that a buyer,
seller, and/or transferee has otherwise engaged in inappropriate
conduct in connection with a Ticket transaction.
Term and Termination.
1. Term. The Terms commence on the date when you accept them (as described
in the preamble above) and remain in full force and effect while you use
Awitickets Properties, unless terminated earlier in accordance with the Terms.
2. Prior Use. Notwithstanding the foregoing, if you used Awitickets Properties
prior to the date you accepted the Terms, you hereby acknowledge and agree
that the Terms commenced on the date you first used Awitickets Properties
(whichever is earlier) and will remain in full force and effect while you use
Awitickets Properties, unless earlier terminated in accordance with the Terms.
3. Termination of Services by Awitickets. If timely payment cannot be charged
to your Payment Provider for any reason, if you have materially breached any
provision of the Terms, or if Awitickets is required to do so by law (e.g., where
the provision of the Digital Properties or the Services is, or becomes, unlawful),
Awitickets has the right to, immediately and without notice, suspend or
terminate any Services provided to you. You agree that all terminations for
cause shall be made in Awitickets’s sole discretion and that Awitickets shall not
be liable to you or any third party for any termination of your Account.
4. Termination of Services by You. If you want to terminate the Services
provided by Awitickets, you may do so by ceasing to use the Services.
5. Effect of Termination. Termination of any Service includes removal of access
to such Service and barring of further use of the Service. Upon termination of
any Service, your right to use such Service will automatically terminate
immediately. Awitickets will not have any liability whatsoever to you for any
suspension or termination. All provisions of the Terms which by their nature
should survive, shall survive termination of Services, including without
limitation, ownership provisions, warranty disclaimers, and limitation of liability.
6. No Subsequent Registration. If your registration(s) with or ability to access
Awitickets Properties is discontinued by Awitickets due to your violation of any
portion of the Terms, then you agree that you shall not attempt to re-register
with or access Awitickets Properties through use of a different member name
or otherwise, and you acknowledge that you will not be entitled to receive a
refund for fees related to those Awitickets Properties to which your access has
been terminated. In the event that you violate the immediately preceding
sentence, Awitickets reserves the right, in its sole discretion, to immediately
take any or all of the actions set forth herein without any notice or warning to
you.
International Users. Awitickets Properties 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 Awitickets intends to announce such
Services in your country. Awitickets Properties are controlled and offered by
Awitickets from its facilities in the United States of America. Awitickets makes no
representations that Awitickets Properties are appropriate or available for use in other
locations. Those who access or use Awitickets Properties from other countries do so
at their own volition and are responsible for compliance with local law.
Dispute Resolution.
1. THIS SECTION SETS FORTH THE TERMS AND CONDITIONS PURSUANT TO
WHICH DISPUTES BETWEEN YOU AND AWITICKETS WILL BE RESOLVED
THROUGH INDIVIDUAL ARBITRATION (“ARBITRATION AGREEMENT”).
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND
AWITICKETS TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH
WE CAN SEEK RELIEF FROM EACH OTHER. WITH LIMITED EXCEPTIONS,
ARBITRATION PRECLUDES YOU AND AWITICKETS FROM SUING IN COURT.
YOU AND AWITICKETS AGREE THAT ARBITRATION WILL BE SOLELY ON AN
INDIVIDUAL BASIS. YOU AND AWITICKETS ARE WAIVING THE RIGHT TO A
CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF
REPRESENTATIVE PROCEEDING. YOU AND AWITICKETS ARE EACH WAIVING
THE RIGHT TO TRIAL BY A JURY.
2. Dispute Resolution/Notice Regarding Mandatory Arbitration. Awitickets is
committed to customer satisfaction, so if you have an issue, we will try to
resolve your concerns. But if we are unsuccessful, the process for pursuing
claims is explained in this section. You and Awitickets agree to give the other
an opportunity to resolve any Disputes informally by sending us written notice.
If you assert a Dispute against Awitickets, you will first contact Awitickets by
sending written notice (“Claimant Notice”) to “Awitickets Legal Department:
Arbitration Claim Manager,” at 902 Broadway, Floor 10, New York, New York
10010, with an email copy to legal@Awitickets.com. The Claimant Notice must
(i) include your name, address, user name (if any), email address you used to
set up your Awitickets account (if any), and telephone number; (ii) describe the
nature and basis of the Dispute; and (iii) set forth the specific relief sought. If
Awitickets asserts a Dispute against you, Awitickets will first contact you by
sending a written notice (“Awitickets Notice”) to you via email to the primary
email address associated with your account. The Awitickets Notice must (i)
include the name of a Awitickets contact and the contact’s email address and
telephone number; (ii) describe the nature and basis of the Dispute; and (iii)
set forth the specific relief sought.
3. Informal Dispute Resolution. You and Awitickets agree to give each other an
opportunity to resolve any Dispute through an informal dispute resolution
process within sixty (60) days after receipt of a Claimant or Awitickets Notice. If
we cannot reach an agreement to resolve the Dispute within sixty (60) days
after email receipt of a Notice, then either party shall have the right to submit
the Dispute to binding arbitration or in small claims court as set forth below.
The statute of limitations and any filing fee deadlines shall be tolled for sixty
(60) days from the date that either you or Awitickets receive a Claimant or
Awitickets Notice so that the parties can engage in this informal dispute
resolution process.
4. Applicability of Arbitration Agreement. Except as specifically stated in this
Section, any dispute, claim, or controversy between you and Awitickets and/or
its subsidiaries, affiliates, and/or any of their respective members, officers,
directors, and employees (all such entities collectively referred to herein as the
“Awitickets Entities”) arising out of, relating in any way to, or in connection with
the Terms, the Awitickets website, Application or Services or your use of the
Awitickets website, Application or Services, your personal information, or any
aspect of your relationship with Awitickets, including any dispute, claim, or
controversy that arose before you accepted these Terms, regardless of
whether prior versions thereof required arbitration (“Dispute(s)”), shall be
resolved exclusively by final, binding arbitration; except that: (a) you or
Awitickets may bring a qualifying claim over a Dispute in a small claims court,
(b) you or Awitickets may seek equitable relief in court for infringement or other
misuse of intellectual property (such as trademarks, trade dress, domain name,
trade secrets, copyrights, and patents), or (c) you or Awitickets may seek
equitable relief in court for any illegal or intentional act affecting the
accessibility, functionality, or the security of the Awitickets website, Application
or Services or the general business interests of Awitickets.
5. Federal Arbitration Act. These Terms evidence a transaction involving
interstate commerce. Notwithstanding any other provision herein with respect
to applicable substantive law, the Federal Arbitration Act (9 U.S.C. § 1 et seq.)
(“FAA”), will govern the interpretation and enforcement of this Arbitration and
any arbitration proceedings.
6. Rules and Forum. The arbitration shall be administered by National Arbitration
and Mediation (“NAM”) in accordance with its Comprehensive Dispute
Resolution Rules and Procedures (the “NAM Rules”) in effect when the
arbitration is commenced, except as modified by this Section. The NAM Rules
are available at https://www.namadr.com/resources/rules-fees-forms. The NAM
Mass Filing Supplemental Dispute Resolution Rules and Procedures
(the “NAM Mass Filing Rules”) will apply if twenty-five (25) or more similar
claims are asserted against Awitickets by the same or coordinated counsel or
are otherwise coordinated (“Mass Filing”). Any arbitration hearing will be
conducted by videoconference to the extent possible, but if the arbitrator
determines that a hearing should be conducted in person, the place shall be
the county where you reside or at another agreed upon locale, unless the
Batch Arbitration process discussed below applies in which case the arbitrator
will determine the locale.
7. Batch Arbitration. To increase the efficiency of administration and resolution
of any such Mass Filing, you and Awitickets also agree that in the event that
there are one hundred (100) or more individual arbitrations of a substantially
similar nature filed against Awitickets by or with the assistance of the same law
firm, group of law firms, or organizations, within a ninety (90) day period NAM
shall (1) administer the arbitration demands in batches of 100 claims per batch
(plus, to the extent there are less than 100 claims left over after the batching
described above, a final batch consisting of the remaining claims); (2) appoint
one arbitrator for each batch; and (3) provide for the resolution of each batch
as a single consolidated arbitration with one set of filing and administrative
fees due per side per batch, one procedural calendar, one hearing (if any) in a
place to be determined by the arbitrator, and one final award (“Batch
Arbitration”). To the extent the parties disagree on any issue arising out of
relating to the Batch Arbitration, the disagreeing party shall advise NAM, and
NAM shall appoint a sole standing arbitrator to determine the applicability of
the Batch Arbitration process (“Procedural Arbitrator”). The Procedural
Arbitrator’s fees shall be paid by Awitickets. This provision shall in no way be
interpreted as authorizing a class, collective and/or mass arbitration or action
of any kind, or arbitration involving joint or consolidated claims under any
circumstances, except as expressly set forth in this provision. All parties agree
that arbitrations are of a “substantially similar nature” if they arise out of or
relate to the same event or factual scenario and raise the same or similar legal
issues and seek the same or similar relief.
8. Fees and Costs. You and Awitickets will be required to pay fees as assessed by
NAM in accordance with the NAM Rules. The parties shall bear their own
attorneys’ fees and costs in arbitration unless the arbitrator finds that either the
substance of the Dispute or the relief sought was frivolous or was brought for
an improper purpose (as measured by the standards set forth in Federal Rule
of Civil Procedure 11(b)).
9. Confidentiality. You and Awitickets agree that the existence of the arbitration,
all materials and documents exchanged during the arbitration proceedings, and
the arbitration award shall be kept confidential and shall not be shared with
anyone except the parties’ attorneys, accountants, or business advisors, and
then subject to the condition that they agree to keep all materials and
documents exchanged during the arbitration proceedings confidential. If you or
Awitickets submits a dispute to arbitration and the arbitrator orders any
exchange of information, you and Awitickets agree to cooperate to seek from
the arbitrator protection for any confidential, proprietary, trade secret, or
otherwise sensitive information, documents, testimony, and/or other materials
that might be exchanged or the subject of discovery in the arbitration. You and
Awitickets agree to seek such protection before any such information,
documents, testimony, and/or materials are exchanged or otherwise become
the subject of discovery in the arbitration.
10.Award. The arbitrator’s award will be final and binding. Judgment on the award
may be entered in any court of competent jurisdiction. Notwithstanding any of
the foregoing, nothing in these Terms will preclude you from bringing issues to
the attention of federal, state, or local agencies and, if the law allows, they can
seek relief against us for you.
11.Arbitrator. The arbitrator will be either a retired judge or an attorney licensed
to practice law in the state of New York and will be selected by the parties from
NAM’s roster of consumer dispute arbitrators. The arbitrator shall have
exclusive authority to resolve any Dispute, including, without limitation,
disputes arising out of or related to the interpretation or application of the
Arbitration Agreement, including the enforceability, revocability, scope, or
validity of the Arbitration Agreement or any portion of the Arbitration
Agreement, except that all Disputes arising out of or relating to class action
waiver including any claim that it is unenforceable, illegal, void or voidable, or
that it has been breached, shall be decided by the courts as described below in
Section 15.6 and not by an arbitrator.
12.Jury Trial Waiver. YOU AND AWITICKETS 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 Awitickets are instead
electing that all Disputes shall be resolved under this Arbitration
Agreement, except as specified in this Section. There is no judge or jury in
arbitration, and court review of an arbitration award is subject to very
limited review.
13.Class Action Waiver. YOU AND AWITICKETS FURTHER AGREE THAT, EXCEPT
AS SPECIFIED ABOVE IN CONNECTION WITH THE BATCHING PROCESS, EACH
OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL
BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND
THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE
BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A
CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY
INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE
CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH
THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the
contrary in this Arbitration Agreement, if a final decision is rendered, not
subject to any further appeal or recourse, that any provision of this Subsection
14.13 (“Class Action Waiver”) is invalid or unenforceable as to a particular
request for relief (such as a request for public injunctive relief), you and
Awitickets agree that that particular request for relief (and only that particular
request for relief) shall be severed from the arbitration and may be litigated in
the courts as described below in Section 15.6 after the arbitration is completed.
This subsection does not prevent you or Awitickets from participating in a
class-wide settlement of claims.
14.One Year to Assert Claims. You and Awitickets agree that regardless of any
statute or law to the contrary, and except as tolled herein, any Dispute must be
filed in arbitration or small claims court within one year after such claim arose
or it will be forever banned.
15.30-Day Right to Opt Out. You have the right to opt out of this Arbitration
Agreement by sending written notice of your decision to opt out to the following
address: Awitickets Legal Department, 902 Broadway, Floor 10, New York, NY
10010, within 30 days after first agreeing or becoming subject to this
Arbitration Agreement. Your notice must include your name and address, your
Awitickets username (if any), the email address you used to set up your
Awitickets 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.
16.Severability. Except as provided in this Section, 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.
17.Survival of Agreement. This Arbitration Agreement will survive the termination
of your relationship with Awitickets.
18.Modification. Notwithstanding any provision in this Agreement to the contrary,
Awitickets may make modifications, deletions, and additions to this Arbitration
Agreement from time to time. Changes will be posted here, which you should
regularly check for the most recent version. If you continue to use the Services
after the effective date of any changes to this Arbitration Agreement, then you
are deemed to have accepted those revisions. For any such change, you may
reject that change within thirty (30) days of such change becoming effective by
writing Awitickets at the following address: Awitickets Legal Department, 902
Broadway, Floor 10, New York, NY 10010. Changes to this Arbitration
Agreement shall not apply to any claim that was filed in a legal proceeding
against Awitickets or you prior to the effective date of the modification.
Changes to this Arbitration Agreement do not provide you with a new
opportunity to opt out of the Arbitration Agreement if you have previously
agreed to a version of these Terms and did not validly opt out of arbitration. If
you reject any change or update to this Arbitration Agreement, and you were
bound by an existing agreement to arbitrate Disputes arising out of or relating
in any way to your access to or use of the Services or the Terms, the
provisions of this Arbitration Agreement as of the date you first accepted the
Terms (or accepted any subsequent changes to these Terms) remain in full
force and effect. Awitickets will continue to honor any valid opt outs of the
Arbitration Agreement that you made to a prior version of these Terms.
General Provisions.
1. Electronic Communications. The communications between you and Awitickets
use electronic means, whether you visit Awitickets Properties or send
Awitickets e-mails, or whether Awitickets posts notices on Awitickets
Properties or communicates with you via e-mail. For contractual purposes, you
(1) consent to receive communications from Awitickets in an electronic form;
and (2) agree that all terms and conditions, agreements, notices, disclosures,
and other communications that Awitickets provides to you electronically satisfy
any legal requirement that such communications would satisfy if it were to be
in writing. The foregoing does not affect your statutory rights.
2. Release. You hereby release Awitickets Parties and their successors from
claims, demands, any and all losses, damages, rights, and actions of any kind,
including personal injuries, death, and property damage that is either directly or
indirectly related to or arises from the purchase, sale, advertising, marketing
and promotion of Tickets via the Awitickets Properties. If you are a California
resident, you hereby waive California Civil Code Section 1542, which states, “A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if
known by him must have materially affected his settlement with the debtor.”
The foregoing release does not apply to any claims, demands, or any losses,
damages, rights and actions of any kind, including personal injuries, death or
property damage for any unconscionable commercial practice by a Awitickets
Party or for such party’s fraud, deception, false, promise, misrepresentation or
concealment, suppression or omission of any material fact in connection with
the Digital Properties or any Services provided hereunder.
3. Assignment. The Terms, and your rights and obligations hereunder, may not
be assigned, subcontracted, delegated or otherwise transferred by you without
Awitickets’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void.
4. Force Majeure. Awitickets shall not be liable for any delay or failure to perform
resulting from causes outside its reasonable control, including, but not limited
to, acts of God, war, terrorism, riots, embargos, acts of civil or military
authorities, fire, floods, accidents, strikes or shortages of transportation
facilities, fuel, energy, labor or materials.
5. Questions, Complaints, Claims. If you have any questions, complaints or
claims with respect to Awitickets Properties, please contact us at:
Hi@Awitickets.com. We will do our best to address your concerns. If you feel
that your concerns have been addressed incompletely, we invite you to let us
know for further investigation.
6. Exclusive Venue. To the extent the parties are permitted under this Agreement
to initiate litigation in a court, both you and Awitickets agree and consent that
all claims and disputes arising out of or relating to the Terms will be litigated
exclusively in the state or federal courts located in New York County, New
York.
7. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL
BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE
STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION
ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE
FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE
UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
8. Notice. Where Awitickets requires that you provide an e-mail address, you are
responsible for providing Awitickets with your most current e-mail address. In
the event that the last e-mail address you provided to Awitickets is not valid, or
for any reason is not capable of delivering to you any notices required/
permitted by the Terms, Awitickets’s dispatch of the e-mail containing such
notice will nonetheless constitute effective notice. You may give notice to
Awitickets at the following address: Awitickets Legal Department, 902
Broadway, Floor 10, New York, NY 10010. Such notice shall be deemed given
when received by Awitickets by letter delivered by nationally recognized
overnight delivery service or first class postage prepaid mail at the above
address.
9. Waiver. Any waiver or failure to enforce any provision of the Terms on one
occasion will not be deemed a waiver of any other provision or of such
provision on any other occasion.
10.Severability. If any portion of this Agreement is held invalid or unenforceable,
that portion shall be construed in a manner to reflect, as nearly as possible, the
original intention of the parties, and the remaining portions shall remain in full
force and effect.
11.Sanctions & Export Control. You may not use, export, import, or transfer
Awitickets Properties except as authorized by U.S. law, the laws of the
jurisdiction in which you obtained Awitickets Properties, and any other
applicable laws. In particular, but without limitation, Awitickets Properties may
not be exported or re-exported (a) into any United States embargoed countries,
(b) to anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals, or (c) the U.S. Department of Commerce’s Denied Person’s List or
Entity List. Additionally, without limitation, Awitickets Properties may not be
used in connection with transactions (x) involving anyone on the U.S. Treasury
Department’s Specially Designated Nationals list or Foreign Sanctions Evaders
list, or (y) within any country or region, or by any person, in violation of
economic sanctions under any U.S. government program. By using Awitickets
Properties, you represent and warrant that (i) you are not located in a country
or region that is subject to a U.S. government embargo or sanctions program,
(ii) you are not listed on any U.S. government list of prohibited or restricted
parties, and (iii) you are not prohibited from using the Awitickets Properties
under U.S. economic sanctions law. You also will not use Awitickets Properties
for the purpose of evading or circumventing any U.S. government embargo or
sanctions program restrictions, or for any other purpose prohibited by U.S. law.
You acknowledge and agree that products, services or technology provided by
Awitickets are subject to the export control laws and regulations of the United
States. You shall comply with these laws and regulations and shall not, without
prior U.S. government authorization, export, re-export, or transfer Awitickets
products, services or technology, either directly or indirectly, to any country in
violation of such laws and regulations.
12.Accessing and Download the Application from iTunes. The following applies
to any App Store Sourced Application accessed through or downloaded from
the Apple App Store:
1. You acknowledge and agree that (i) the Terms are concluded between
you and Awitickets only, and not Apple, and (ii) Awitickets, not Apple, is
solely responsible for the App Store Sourced Application and content
thereof. Your use of the App Store Sourced Application must comply
with the App Store Terms of Service.
2. You acknowledge that Apple has no obligation whatsoever to furnish
any maintenance and support services with respect to the App Store
Sourced Application.
3. In the event of any failure of the App Store Sourced Application to
conform to any applicable warranty, you may notify Apple, and Apple will
refund the purchase price for the App Store Sourced Application to you
and to the maximum extent permitted by applicable law, Apple will have
no other warranty obligation whatsoever with respect to the App Store
Sourced Application. As between Awitickets and Apple, any other
claims, losses, liabilities, damages, costs or expenses attributable to
any failure to conform to any warranty will be the sole responsibility of
Awitickets.
4. You and Awitickets acknowledge that, as between Awitickets and Apple,
Apple is not responsible for addressing any claims you have or any
claims of any third party relating to the App Store Sourced Application or
your possession and use of the App Store Sourced Application,
including, but not limited to: (i) product liability claims; (ii) any claim that
the App Store Sourced Application fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation.
5. You and Awitickets acknowledge that, in the event of any third-party
claim that the App Store Sourced Application or your possession and
use of that App Store Sourced Application infringes that third party’s
intellectual property rights, as between Awitickets and Apple, Awitickets,
not Apple, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement
claim to the extent required by the Terms.
6. You and Awitickets acknowledge and agree that Apple, and Apple’s
subsidiaries, are third-party beneficiaries of the Terms as related to your
license of the App Store Sourced Application, and that, upon your
acceptance of the terms and conditions of the Terms, Apple will have
the right (and will be deemed to have accepted the right) to enforce the
Terms as related to your license of the App Store Sourced Application
against you as a third-party beneficiary thereof.
7. Without limiting any other terms of the Terms, you must comply with all
applicable third-party terms of agreement when using the App Store
Sourced Application.
13.Entire Agreement. The Terms are the final, complete and exclusive agreement
of the parties with respect to the subject matter hereof and supersedes and
merges all prior discussions between the parties with respect to such subject
matter.

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