Table of Contents
Agreement between User and Ticketronix
These Terms of Use govern the use of ticketronix.com and the mobile application "Ticketronix" (the "Digital Properties") of Ticketronix, Inc. ("Ticketronix"), and apply to all users visiting the Digital Properties.
By clicking "I Accept," "Place Order," or "Sign Up," completing registration, making a purchase, listing a ticket for sale, and/or browsing the website or downloading the mobile application, YOU ARE ENTERING INTO A BINDING CONTRACT.
ARBITRATION NOTICE: Section 14 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 will be resolved solely on an individual basis and not as a class arbitration, class action, or other representative proceeding.
TERMS SUBJECT TO CHANGE: The Terms are subject to change by Ticketronix at any time. Please regularly check the website to view the current Terms.
1. Ticketronix Marketplace
1.1 Ticketronix Ticket Marketplace
Ticketronix offers an online secondary marketplace that allows Users to buy (each, a "Buyer") and sell (each, a "Seller") tickets and other related items to events. Our marketplace Services are designed to act as a marketplace to connect Buyers and Sellers.
Ticketronix makes no guarantees with respect to: (a) the existence, quality, safety or legality of the Tickets, (b) the truth or accuracy of a Seller's listing, (c) the ability of Sellers to sell Tickets or Buyers to pay for them, or (d) that any party will complete any transaction.
1.2 No Endorsement
Unless otherwise expressly stated, the display of any Tickets or Seller on our Digital Properties does not imply endorsement by us of those Tickets or that Seller.
1.3 Tickets
The ticket price for resale Tickets may be set at, above or below, the original price. Unless otherwise noted, Tickets may be transferable, even if another person's name appears on the face of the Ticket. All prices are in United States dollars unless noted otherwise.
1.4 Buying Tickets
Buyers are solely responsible for completing their transaction. By committing to purchase a Ticket, you are entering into a binding contract with the Seller. All sales are final, and except for canceled events, you will not receive a refund for any completed purchase.
(a) Agreement
You agree to supply Sellers and Ticketronix with appropriate information for delivery of tickets. If you provide incorrect information or are unavailable to receive tickets, you will not be eligible for a refund or Buyer Guarantee.
(b) Ticket Limits
To give all customers an opportunity to purchase Tickets and discourage unfair buying practices, limits may be set on the number of tickets a single customer may purchase. Each Ticketronix account must be linked to a unique individual with valid information. Multiple accounts may not be used to circumvent ticket limits.
(c) Use of Ticket Bot Technology
You may not use ticket bot technology, automated purchasing software, or circumvent security measures on the Ticketronix marketplace. You may not conceal your identity using multiple IP addresses or email addresses.
1.5 Buyer Guarantee
Each qualified order is covered by Ticketronix's Buyer Guarantee to help Buyers purchase Tickets with confidence.
1.6 Selling Tickets
Seller activities are governed by Supplemental Terms for Sellers. Ticketronix cannot guarantee that every Ticket will be eligible for resale or that you will receive Tickets in time to resell them.
2. Registration
2.1 Registering Your Account
To access certain features, you may be required to become a Registered User by creating an account on the Digital Properties or connecting through a social networking service.
2.2 Registration Data
You agree to provide true, accurate, current and complete information and maintain updated Registration Data. You represent that you are:
You are responsible for all activities under your Account and may not share your account or password. You agree not to create false accounts or have more than one Account per platform.
3. Ownership
3.1 Ticketronix Properties
Ticketronix and its suppliers own all rights, title and interest in Ticketronix Properties and all content therein. You have no ownership rights in such content or properties.
3.2 Feedback
Any ideas, suggestions, or proposals you submit become the property of Ticketronix. You grant Ticketronix a fully paid, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, and commercially exploit any Feedback.
4. User Conduct
4.1 Unauthorized Use or Access
You agree that you will not, under any circumstances:
4.2 General Conduct
You shall not:
5. Speculative Ticketing
Speculative Ticketing means the sale of tickets for which the Seller has neither possession of actual tickets nor the right to receive such tickets. Ticketronix does not permit Speculative Ticketing and reserves the right to request proof of purchase from Sellers.
7. Fees, Purchase Terms, and Credits
7.1 Service Fees
Ticketronix may charge fees for buying and/or selling Tickets through our Services. You must provide a valid credit card as a condition to signing up for Services.
7.3 Event Cancellation and Postponement
(a) Event Cancellation
If an event is canceled and not rescheduled, Ticketronix will provide Buyers with notice and instructions. Buyers must retain and return Tickets as directed to receive a refund or credit.
(b) Event Postponement
For postponed events, Ticketronix will work with Buyers case-by-case. Refunds or credits will not be issued for postponed events unless they are canceled.
7.4 Taxes
Ticketronix collects and remits Sales Tax where required by law. You are responsible for any applicable taxes and will indemnify Ticketronix for any tax-related liability.
9. Disclaimer of Warranties and Conditions
YOUR USE OF TICKETRONIX PROPERTIES IS AT YOUR SOLE RISK. TICKETRONIX PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TICKETRONIX EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Ticketronix makes no warranty that the Properties will meet your requirements, be uninterrupted, timely, secure or error-free, or that results will be accurate or reliable.
10. Limitation of Liability
TICKETRONIX SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM TICKETRONIX PROPERTIES.
UNDER NO CIRCUMSTANCES WILL TICKETRONIX BE LIABLE FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO TICKETRONIX DURING THE ONE-MONTH PERIOD PRIOR TO THE OCCURRENCE OR (B) THE REMEDY IMPOSED BY APPLICABLE STATUTE.
14. Dispute Resolution
14.1 Arbitration Agreement
THIS SECTION REQUIRES DISPUTES TO BE SUBMITTED TO BINDING ARBITRATION. ARBITRATION PRECLUDES YOU FROM SUING IN COURT. YOU ARE WAIVING THE RIGHT TO A CLASS ARBITRATION, CLASS ACTION, OR JURY TRIAL.
14.2 Notice Requirements
Before pursuing claims, you must send written notice to Ticketronix Legal Department at:
Ticketronix Legal Department: Arbitration Claims Manager
306 Prospect Ave., Mamaroneck, NY 10543
Email: legal@ticketronix.com
14.13 Class Action Waiver
YOU AND TICKETRONIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
14.15 30-Day Right to Opt Out
You have the right to opt out of this Arbitration Agreement by sending written notice within 30 days to:
Ticketronix Legal Department
306 Prospect Ave., Mamaroneck, NY 10543
15. General Provisions
15.5 Questions, Complaints, Claims
If you have any questions, complaints or claims, please contact us at:
Email: help@ticketronix.com
15.6 Exclusive Venue
All permitted litigation will be exclusively in state or federal courts located in Westchester County, NY.
15.8 Notice
You may give notice to Ticketronix at:
Ticketronix Legal Department
306 Prospect Ave., Mamaroneck, NY 10543
15.12 Entire Agreement
The Terms are the final, complete and exclusive agreement between the parties and supersede all prior discussions with respect to the subject matter.