REFUND AND EXCHANGE POLICY.
THERE ARE NO REFUNDS AND NO EXCHANGES. ALL TICKET SALES ARE FINAL.
OUT AND ABOUT TICKETS Terms of Service Agreement
ACCEPTANCE OF TERMS.
The following terms and conditions (this “TOS”) govern all use of the www.OUTANDABOUTTICKETS.COM website (the “Site”) and the services and software available on or through the Site (taken together with the Site, collectively, the “Service”). The Service is owned and operated by OUT AND ABOUT TICKETS, LLC. (“OUT AND ABOUT TICKETS”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by OUT AND ABOUT TICKETS. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE TO ANY OF SUCH TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE.
ALL SALES ARE FINAL: Since tickets are a one-of-a-kind item and not replaceable, there are no refunds, exchanges or cancellations. If an event is postponed or rescheduled, tickets will be honored for the rescheduled date. New tickets will not need to be issued. If an event is cancelled without a rescheduled date, USER will need to contact the FULFILLER for a refund. The FULFILLER may require the USER to return the supplied tickets at USER’s expense before receiving any refund USER is entitled to due to cancellation. OUT AND ABOUT TICKETS is responsible for providing or securing this refund for USER. Any shipping and handling charges are not refundable. Refunds will be processed in the same currency as the original order. Conversion charges, including though not exhaustive of the ones issued by USER’S bank, if any, are not covered by OUT AND ABOUT TICKETS. OUT AND ABOUT TICKETS will NOT issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. When USER receives tickets, USER should keep them in a safe place. Please note that direct sunlight or heat may damage tickets.
OUT AND ABOUT TICKETS reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Service following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.
2.1 Disputed Charges USER is responsible for any and all legal fees incurred by USER, FULFILLER, and/or SITE associated with USER’s disputed charges and chargebacks for purchases made on SITE. In no event will SITE or FULFILLER be responsible for such legal fees.
(i) Buyer agrees that all tickets purchased, specific to the transaction entered herein through the online ticket services provided on this Website, constitute a Final Sale. Buyer further agrees that all tickets purchased are non-refundable. By browsing and using the ticket services of this Website and completing a ticket purchase transaction on this Website, Buyer agrees to be legally bound by the Terms and Conditions stated herein. Purchaser’s credit card statement will show the merchant account posted as ticketing agent on this website, ( herein “Ticketing Agent”). In the event of an event cancellation, Ticketing Agent will make refunds to all Buyers. An “event cancellation” is defined as an event in which the headlining artist or performer does not perform in any way, shape, or form.
(ii) Notwithstanding the foregoing, whether you are using the Service as an Organizer, Buyer or otherwise, you acknowledge and agree that Ticketing Agent shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if Ticketing Agent receives complaints from a substantial number (as determined by Ticketing Agent in its sole discretion) of Buyers with respect to an Organizer or the applicable event, or Ticketing Agent determines in its sole discretion that Organizer has engaged in any fraudulent activity.
(iii) Ticketing Agent and any and all of its associated website(s) are ticket sellers and resellers and do not guarantee the accuracy, integrity or quality for any of the information and representations for products or services made by the Venue, the Website or Resellers, or Promoters for the event to which tickets were purchased. Ticketing Agent and any and all of its associated website(s) will not be liable for any damages of any kind incurred as a result of the information contained herein. Ticketing Agents and any and all of its associated website(s) disclaims any and all warranties relating to the services including warranties of merchantability and fitness for a particular purpose or use. Furthermore, the Venue offering the event tickets reserves the right to make any changes it deems necessary to maintain customer safety and to make reasonable substitution of event amenities. Purchase of this ticket is non-refundable for any reason including but not limited to any dissatisfaction customer has with the event experience; waiting in line for admission; any change in services including start and end times, event duration, venue’s limits on complimentary amenities such as menu selections and/or drink brands; and any changes to seating or table locations. Purchaser further agrees that tickets are non-refundable due to Purchaser’s failure to attend event for any reason and/or any problems due to weather which create hardship in attending the event. Purchaser waives any right to dispute the stated credit card charge for any reason other than a cancellation of the event by the Venue.
(c) Credit Card Chargebacks.
Terms of service states that Purchasers waive any right to dispute the stated credit card charge for any reason other than a cancellation of the event by the Venue (Refunds (b)(iii). However, under the Full Service option, in the case of any credit card chargebacks initiated by a Buyer for any reason with respect to an event shall be charged back to the Organizer of such event. Ticketing Agent shall either (i) deduct these costs from such Organizer’s outstanding balance, whether for that particular event or for any other event that such Organizer lists through the Service; or (ii) send an invoice to such Organizer for such costs if no balance exists. If payment for such invoice is not received by Ticketing Agent within thirty (30) days, Ticketing Agent reserves the right, at Ticketing Agent’s sole discretion, to terminate such Organizer’s registration for the Service and to cancel all other events listed by such Organizer as provided herein. In accordance with and without limiting Section 16, all communications and disputes regarding chargebacks are between the Organizer and Buyer and Ticketing Agent will not be responsible or liable in any way for chargebacks issued in the course of the use of the Full Service option.
Upon receipt of a credit card authorization from each individual ticket purchase, OUT AND ABOUT TICKETS generates a confirmation message and issues a unique confirmation number. If you are using the Service as an Organizer, you agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by TICKERI through the Service, and it is your responsibility to verify the Buyer’s membership status, confirmation number and/or any event restrictions prior to the subject event.
(e) Taxes; Withholding.
If you are using the Service as an Organizer, you are responsible for (and will indemnify OUT AND ABOUT TICKETS against) all taxes associated with your sale of tickets through the Service (excepting taxes based on TICKETREY’S income). OUT AND ABOUT TICKETS reserves the right to withhold the payment of any amounts owed to you hereunder if OUT AND ABOUT TICKETS suspects or determines that such amounts have been generated in (i) a fraudulent manner, (ii) violation of this TOS, or (iii) violation of any applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by TICKERI).
YOUR REGISTRATION OBLIGATIONS.
ACCOUNT, PASSWORD AND SECURITY.
As part of the Service registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify OUT AND ABOUT TICKETS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. OUT AND ABOUT TICKETS cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section.
7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Service or otherwise made available by OUT AND ABOUT TICKETS at the Site (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. OUT AND ABOUT TICKETS may own the Site Content or portions of the Site Content may be made available to OUT AND ABOUT TICKETS through arrangements with third parties. Except as expressly authorized by OUT AND ABOUT TICKETS in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of OUT AND ABOUT TICKETS. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”), whether as an Organizer, Buyer or otherwise, you hereby grant to OUT AND ABOUT TICKETS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) does not involve gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, and (iii) complies with all applicable laws and regulations (foreign and domestic). OUT AND ABOUT TICKETS reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Service should be sent to INFO@OUTANDABOUTTICKETS.COM
8.1 Certain Restrictions.
Whether you are using the Service as an Organizer, Buyer or otherwise, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Service, including to Organizers, Buyers and other users of the Service. You agree not to use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, an OUT AND ABOUT TICKETS representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
upload, post, email, transmit or otherwise make available any Content 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;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or
stalk or otherwise harass any person or entity.
8.2 Certain Remedial Rights.
Whether you are using the Service as an Organizer, Buyer or otherwise, you acknowledge that OUT AND ABOUT TICKETS does not pre-screen any Content provided or made available by you or any third party in connection with the Service, but that OUT AND ABOUT TICKETS and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor alter, edit, or remove any of Your Content, in whole or in part, or (ii) rescind and terminate your right to use the Service for any reason or no reason. You acknowledge and agree that OUT AND ABOUT TICKETS may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of OUT AND ABOUT TICKETS, its users and/or the public. You understand that the technical processing and transmission of the Service, including Your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Whether you are using the Service as an Organizer, Buyer, or otherwise, you agree to defend, indemnify and hold OUT AND ABOUT TICKETS, and its affiliates, and their officers, agents, co-branders or other partners, and employees, harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit or proceeding made by any third party (“Claim”) due to or arising out of: Your Content; your use of, contribution to or connection with the Service; your violation of this TOS; or your violation of any rights of another. OUT AND ABOUT TICKETS shall provide notice to you of any such Claim. OUT AND ABOUT TICKETS reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting OUT AND ABOUT TICKETS defense of such matter.
TICKTREY reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. OUT AND ABOUT TICKETS will not be responsible to you for a refund, in whole or part, of service charges for any reason, except with respect to refunds to Buyers that are expressly permitted under Section 4.3(b). You agree that OUT AND ABOUT TICKETS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
OUT AND ABOUT TICKETS, in its sole discretion, may terminate your password, account (or any part thereof) and/or your right to use the Service, and remove and discard any and all of Your Content within the Service, for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due OUT AND ABOUT TICKETS, or if OUT AND ABOUT TICKETS believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Service may be effected without prior notice, and acknowledge and agree that OUT AND ABOUT TICKETS may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Service. Further, you agree that OUT AND ABOUT TICKETS shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Service. All provisions of this TOS that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections).
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because OUT AND ABOUT TICKETS has no control over such websites and resources, you acknowledge and agree that OUT AND ABOUT TICKETS is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that OUT AND ABOUT TICKETS shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
DISCLAIMER OF WARRANTIES.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TICKERI HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TICKERI MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICE, OR THE SERVICE ITSELF (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ALL EQUIPMENT ((E.G., BARCODE SCANNERS) PROVIDED TO YOU AS AN ORGANIZER BY TICKERI IS PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTIES OF ANY KIND. TICKERI IS NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER THE EVENT. YOU ACKNOWLEDGE THAT TICKERI HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF USERS’ CONTENT, LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, Organizers and/or third parties in connection with the Site or any other Service to Company. Company, in its sole discretion, may investigate the claim and take necessary action.
LIMITATION OF LIABILITY.
OUT AND ABOUT TICKETS SHALL NOT BE LIABLE WITH RESPECT TO THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TICKERI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN THE AGGREGATE IN EXCESS OF US$100.00, OR (IV) ANY MATTERS BEYOND TICKETREY’S REASONABLE CONTROL. OUT AND ABOUT TICKETS SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “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.”
Notices to you may be made via email INFO@OUTANDABOUTTICKETS.COM
22.1 Entire Agreement.
This TOS constitutes the entire agreement between you and TICKERI and governs your use of the Service, superseding any prior agreements or contemporaneous communications between you and TICKERI. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software.
22.2 Choice of Law.
This TOS and the provision of the Service to you are governed by the laws of the STATE OF FLORIDA, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within AND by FLORIDIAN residents.
Arbitration and Dispute Resolution Any controversy or claim arising out of or relating to the use of the SITE, or any alleged breach of these policies, shall be resolved through binding arbitration in the jurisdiction of SITE’s headquarters, MIAMI, FLORIDA, and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. SITE will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above for claims for $10,000 or less. If, however, the arbitrator finds that either the substance of USER’S claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by applicable American Arbitration Association Rules. In such case, USER agrees to reimburse SITE for all monies previously disbursed by SITE that are otherwise USER’S obligation to pay under the American Arbitration Association Rules. In addition, if USER initiates an arbitration in which USER seeks more than $10,000 in damages, the payment of these fees will be governed by the American Arbitration Association Rules. SITE and USER agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. SITE and USER shall both participate in the selection of an arbitrator. Any award issued through arbitration is enforceable in any court of competent jurisdiction.
IF USER DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, USER MUST NOTIFY SITE IN WRITING WITHIN 30 DAYS OF THE DATE THAT USER PLACES AN ORDER ON SITE. USER’S WRITTEN NOTIFICATION TO SITE MUST INCLUDE USER’S NAME, ADDRESS AND ORDER NUMBER AS WELL AS A CLEAR STATEMENT THAT USER DOES NOT WISH TO RESOLVE DISPUTES WITH SITE THROUGH ARBITRATION. WRITTEN NOTIFICATION SHOULD BE EMAILED TO: INFO@OUTANDABOUTTICKETS.COM
Any arbitration or trial by a judge of any claim will take place on an individual basis without resort to any form of class or representative action (“CLASS ACTION WAIVER”). Regardless of anything else in this Arbitration Provision, the validity and effect of the CLASS ACTION WAIVER may be determined only by a court and not by an arbitrator. USER and SITE acknowledge that the CLASS ACTION WAIVER is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If the CLASS ACTION WAIVER is limited, voided or found unenforceable, then the parties’ agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the CLASS ACTION WAIVER. USER AND SITE ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.
All claims brought by USER against SITE must be resolved in accordance with this Arbitration and Dispute Resolution Section. All claims filed or brought contrary to this Arbitration and Dispute Resolution Section shall be considered improperly filed. Should USER improperly file a claim, SITE may recover attorneys’ fees and costs up to $1,000USD from USER, provided that SITE has notified USER in writing of the improperly filed claim, and USER fails to promptly withdraw the claim after USER receives notice of improper filing from SITE.
Events in Illinois Pursuant to 815 ILCS 414/1.5(c)(5), complaints involving tickets to events in Illinois may be resolved through binding arbitration and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. USER and FULFILLER agree to submit to the jurisdiction of the State of Illinois for such complaints.
22.4 Invalid Provisions.
The failure of OUT AND ABOUT TICKETS to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOS remain in full force and effect.
22.5 Time to File Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
22.6 DISCLAIMER. SITE MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT, SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. SITE MAKES NO ASSURANCES THAT FILES USER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, VICARIOUS, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SITE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SITE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SITE SERVICE OR OTHERWISE RELATED TO USER USE OF THE SITE AND/OR THE SITE SERVICE. SITE IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.