THESE TERMS AND CONDITIONS, ALONG WITH ANY OTHER POLICIES OR GUIDELINES POSTED ON THIS WEB SITE, SHALL GOVERN YOUR USE OF THIS SITE. BY USING THIS SITE AND/OR BY PLACING A TICKET REQUEST ON THIS SITE, YOU ARE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE MAKING A TICKET REQUEST.
General. Premium Seats USA, Inc., herein referred to as "PSUSA," is an independent, privately owned ticket agency registered with the State of Florida as a Seller of Travel, Registration No. ST36555. The following are the rules and policies that govern use of the PremiumSeatsUSA.com Web site, herein referred to as "SITE," by User, the user of the Site, herein referred to as "USER." By using, visiting or placing a ticket request on the SITE, USER expressly agrees to be bound by these Terms and Conditions, herein referred to as "TERMS," and to follow these TERMS and all applicable laws and regulations governing the SITE. PSUSA reserves the right to change these TERMS at any time, effective immediately upon posting on the SITE. If USER violates these TERMS, PSUSA may terminate USER's access to the SITE, bar USER from future use of the SITE, cancel USER's ticket request or order, and/or take appropriate legal action against USER.
Above Face Value. Tickets sold through SITE are often obtained through secondary market Ticket Sellers and are being resold, in many cases, above the price or "face value" listed on the ticket. All ticket prices include additional service charges and handling fees as defined on each order. SITE and its Ticket Sellers are not directly affiliated with any performer, sports team, or venue; and SITE does not act as a primary sale box office, unless otherwise stated. By agreeing to these TERMS, USER agrees that the purchase price for tickets on their order does not reflect the original purchase price of the ticket and may be either higher or lower than the original purchase price.
Order Confirmation/Processing. Immediately after the USER submits a request for tickets, the USER will receive an email notification indicating PSUSA has received such request. This email notification does not confirm ticket availability or prices. It only indicates that PSUSA has received the request for those tickets and have begun the process of seeking to secure the requested tickets. Once the requested tickets have been secured by PSUSA, the USER will receive an Order Confirmation or finalized invoice confirming that the ticket request has been finalized and PSUSA has purchased the tickets on USER's behalf. USER will be emailed a copy of their Order Confirmation or finalized invoice. In some instances, the physical tickets or electronic tickets are not yet available. The Order Confirmation or finalized invoice acts as USERs confirmation until the tickets are delivered. If the USER submits a ticket request with PSUSA and does not receive an Order Confirmation or finalized invoice within 48 hours, the USER is responsible for calling the PSUSA office to check on the order status. The USER's order may be finalized even if the USER does not receive an Order Confirmation, finalized invoice or an updated status email from PSUSA. USERs may NEVER make an assumption about the status of their order because they have not been contacted by PSUSA. Orders may not be cancelled due to problems with receipt of emails.
Ticket Availability. Occasionally tickets ordered may no longer be available at the price or in the quantity originally ordered at the time the order is received. If equivalent or better seat locations are available at the same price, PSUSA will fill the order with the alternative seat locations. If no alternates are available, either the USER's credit card will not be charged at all or the entire amount will be refunded, and USER will be notified that the ticket request has been rejected.
Credit Card Authorization. PSUSA reserves the right to request additional information to confirm USER's identity and accurate billing information. USER may be required to complete a credit card authorization form if USER's order is over $500.00 or if USER has requested delivery to a non-billing address. If USER is unable to comply with such authorization requests the SITE will cancel USER's order less Restock Fee and notify USER of such cancellation.
Restock Fee.At PSUSA discretion, cancellation of a ticket request may be permitted. In these instances, a 15% restock fee will apply. Service, handling, shipping or other fees will not be refunded. USER may receive a receipt for such cancellation refund via FedEx.
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, 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 PSUSA for a refund. PSUSA may require the USER to return the supplied tickets at USER's expense before receiving any refund USER is entitled to due to cancellation. IN THESE INSTANCES, TICKETS MUST BE RECEIVED BACK IN OUR OFFICE WITHIN 14 DAYS OF THE ANNOUNCEMENT OF THE EVENT CANCELLATION. PSUSA suggests returning tickets via certified mail or using a carrier that can provide you with proof of delivery. Send tickets to: Premium Seats USA, Cancelled Event (Invoice#______), 2450 Hollywood Blvd, Suite 700, Hollywood, FL 33020. Any shipping and handling charges are not refundable. PSUSA 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 is responsible for checking tickets for accuracy and keeping them in a safe place. Please note that direct sunlight or heat may damage tickets.
200% Money Back Guarantee. Once a USER's order has been processed and confirmed, USER is guaranteed to receive authentic tickets in time for the event or PSUSA shall provide a refund equal to 200% of the original ticket price listed on the finalized invoice for each ticket not delivered and a 100% refund of any service, shipping or other charges. Exclusions to this 200% Money Back Guarantee are as follows:
When making a claim under the 200% Money Back Guarantee, the USER must contact PSUSA customer Service at email@example.com or 866-312-9295 within 48 hours of the event date.
Ticket Holder Behavior Policy. The USER agrees to abide by all rules and policies of the venue where the event is located relating to conduct and behavior. Should the USER be ejected from the event for failure to abide by the venue's rules and policies, USER shall be subject to all applicable fines and legal or other expenses associated with the ejection. Further, should the ejection result in the loss of the Ticket Seller's right to use any other season tickets at that venue, or the right to purchase other tickets from that venue, USER shall be held liable for all reasonable costs, expenses, and losses associated with said loss, including but not limited to all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
Event Dates and Times. Event dates and times printed on tickets, or in any correspondence from PSUSA, are always subject to change. This is especially true for sporting events that are subject to television scheduling conflicts. It is USER's responsibility to check for any possible changes in date and time. The USER may check with local media outlets or call our Customer Service Center at 866-312-9295 to ensure that they arrive at the event on the correct date and at the correct time. USER agrees that PSUSA is not responsible for changes in date or time of the event, and that refunds will not be issued due to event dates or times being changed.
Fraudulent Use. In order to protect our USERs from fraud, a USER may be required to provide additional proof of identify on any order. Proof of identity may include but is not limited to a signed credit card authorization and/or photocopies of notarized public documents such as a state driver's license or federal passport.
Ticket Delivery. Most orders are processed the same business day in which they are received. Orders placed after business hours may be processed the next business day. Tickets will be shipped FedEx when available, and choice of an expedited delivery method does not guarantee that tickets will be shipped immediately. If the USER chooses a shipping method that will not guarantee delivery in time for the event, the shipping cost will be adjusted by SITE after the order is placed and USER will be charged accordingly. Customers outside of the United States must choose an International Delivery option. If any other option is chosen for an order outside the United States, the shipping cost may be adjusted by the SITE after the order is placed to use the appropriate International Rate. FedEx shipments may require a direct or indirect signature at the point of delivery. FedEx will make three delivery attempts. If no one is available to sign for the package, FedEx will return the package to PSUSA. Additional shipping charges will be applied if the tickets require re-shipment.
For certain events, tickets may not be available for immediate delivery. In this case, the USER's finalized invoice will indicate an approximate delivery date. Due to the nature of the ticket industry, PSUSA reserves the right to deliver tickets for any order as late as the day of the event. Last minute delivery service for delivery the day of the event may include but are not limited to: TicketFast" delivery, Will Call at the venue box office, secured courier to a hotel, or delivering tickets via an affiliate at a location outside the venue to be determined. Photo ID and credit card may be required to accept deliveries in person.
If the USER's tickets are being delivered via TicketFast", a PDF ticket attachment will be sent to the email address the USER provided when placing the order. By placing a ticket request on SITE, USER acknowledges their tickets may be electronically delivered and this specifically means the USER cannot dispute the charges to their credit card company for delivery related matters.
If USER specifies a shipping address that does not allow for Delivery Verification, such as a Post Office Box, USER may be required to complete a credit card authorization form and provide an alternative physical mailing address. If USER is unable to comply with either request the SITE will cancel USER's order and notify USER of such cancellation.
If tickets have not been delivered within two days before the date of the event, USER must call our office at 866-312-9292 to receive delivery instructions.
Pricing and Ticket Listings. All prices are listed in U.S. Dollars (USD) and are guaranteed after USER's order has been confirmed, USER's credit card has been charged, and USER has been emailed a finalized invoice. Since tickets are bought and sold on an open market, market prices are subject to change at any time prior to Order Confirmation or finalized invoice, and PSUSA does not guarantee that USERs will be able to purchase the tickets for the prices shown on our SITE or that such tickets will be available, until Order Confirmation or finalized invoice. As PSUSA represents thousands of Ticket Sellers who all post tickets for sale on our SITE, PSUSA cannot be responsible for any typographical or system errors within the inventory listed for sale. If this type of error is found while processing USER's order, USER will be notified of the error and, a substitution will be made when available, at no additional cost, or PSUSA will cancel USER's order and notify USER of such cancellation.
Schedule of Fees and Charges. The price charged to USER's credit card beyond the price of the individual tickets shall include the following fees and charges:
Service Fee: Cost per ticket associated with SITE operation, customer service center operation, and other costs associated with the fulfillment of USER's ticket request.
Delivery/Shipping: Costs associated with the Delivery Method chosen by USER.
Total: Entire amount charged to USER, including each ticket's price, Service Fee, and Delivery.
Taxes. Prices stated on the SITE do not include any state or other local taxes that may apply to USER's order. PSUSA may collect sales tax as is appropriate for the ticket supplier"s locality. If taxes are applicable to USER's order they will be added to USER's order as a separate charge in addition to the Total.
Payment Options. We accept Visa, Mastercard, Discover, American Express, and PayPal. For other payment methods please contact us at 866-312-9295.
Credit Card Charges. USER's credit card will be charged by PSUSA. If USER has any questions about charges on their credit card statement, feel free to contact us at firstname.lastname@example.org. Please note, the SITE may charge or authorize USER's credit card in advance of confirming ticket availability. If tickets are ultimately found to be unavailable, the USER's credit card will not be charged or USER will receive a full refund for the charged amount.
Payment by Debit Card. In some cases, PSUSA may attempt to authorize a debit card multiple times, creating several holds on USER's account. This often happens when a third-party credit card processing company requires additional security verification such as a CVV, Zip Code, or address, or when USER's information is incorrectly provided or mistyped. Though PSUSA will only clear USER's transaction once, the hold(s) will temporarily lower USER's available balance. Any hold(s) may take up to several days to clear.
Discount Codes. PSUSA uses several different methods in which to deliver discount codes to customers. Regardless of the discount code the following rules apply:
- The customer can use a discount code to cover the entire cost of the tickets, but will be responsible for paying the full service charge and shipping.
- Discount codes cannot be used on the purchase of PSUSA gift cards or virtual gift cards.
- The discount code must be validated prior to its use.
- The Web SITE will verify the discount code is being used properly but there may be some instances of errors or omissions, in which case a PSUSA representative will contact the discount code USER.
- Discount codes cannot be combined with any other offer or discount code.
- Discount codes cannot be used toward a prior purchase.
- Additional exclusions may apply.
Purchased Gift Cards or Virtual Gift Cards. PSUSA sells actual, physical gift cards and virtual gift cards. Regardless of the gift card type the following rules apply:
- Gift cards can be purchased as an actual, physical gift card or as a virtual gift card, (electronic, sent via email).
- Gift cards do not have an expiration date.
- Gift cards must be validated prior to use.
- Once validated, gift cards can be used for the entire purchase amount.
- Gift cards cannot be applied to a previous purchase.
- The full balance of gift card does not have to be exhausted with one purchase.
- Gift cards can be combined with other purchased gift cards and one discount code.
- Additional exclusions may apply.
Permitted Use. USER agrees that USER is only authorized to visit, view and to retain a copy of pages of this SITE for USER's own personal use, and that USER shall not duplicate, download, publish, modify or otherwise distribute the material on this SITE for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for USER's personal use, unless otherwise specifically authorized by PSUSA to do so. The content and software on this SITE is the property of PremiumSeatsUSA.com and PSUSA and is protected by U.S. and international copyright laws.
Translation Policy. In the event that any statement in any translated version of this Web SITE conflicts with the English version, the statement in the English version shall prevail.
Links. The SITE may automatically produce search results that reference or link to third party SITEs throughout the World Wide Web. PSUSA has no control over these SITEs or the content within them. PSUSA cannot guarantee, represent or warrant that the content contained in the SITEs is accurate, legal and/or inoffensive. PSUSA does not endorse the content of any third party SITE, nor do we warrant that they will not contain viruses or otherwise impact USER's computer systems. By using the SITE to search for or link to another SITE, USER agrees and understands that USER may not make any claim against PSUSA for any damages or losses, whatsoever, resulting from use of the SITE to obtain search results or to link to another SITE. If USER experiences a problem with a link from the SITE, please notify us at email@example.com and we will investigate USER's claim and take any actions we deem appropriate in our sole discretion.
Violation of the TERMS. PSUSA, in its sole discretion, and without prior notice, may terminate USER's access to the SITE, cancel USER's ticket order or exercise any other remedy available to it. USER agrees that monetary damages may not provide a sufficient remedy to PSUSA for violations of these TERMS and conditions and USER consents to injunctive or other equitable relief for such violations. PSUSA is not required to provide any refund to USER if USER is terminated as a USER of this SITE.
Intellectual Property Policy. All text, graphics, files, applets, scripts, software and other works on the SITE are the copyrighted works of PSUSA. Any unauthorized redistribution or reproduction of any copyrighted materials on the SITE is strictly prohibited. PSUSA, PremiumSeatsUSA.com and www.PremiumSeatsUSA.com are protected marks of Premium Seats USA, Inc. All rights, including those not explicitly stated in these policies, are expressly reserved.
PSUSA reserves the right to terminate the privileges of any USER who uses this SITE to unlawfully transmit or receive copyrighted material without a license or express consent, valid defense or fair use exemption to do so. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the USER that they have used this SITE as an instrument of unlawful infringement, we will terminate the infringing USERs' rights to use and/or access to this SITE. We may, also in our sole discretion, decide to terminate a USER's rights to use or access to the SITE prior to that time if we believe that the alleged infringement has occurred.
Disclaimers. PREMIUM SEATS USA 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. PREMIUM SEATS USA MAKES NO ASSURANCES THAT FILES USER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PREMIUM SEATS USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PREMIUM SEATS USA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, 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.
PREMIUM SEATS USA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, PREMIUM SEATS USA USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE PREMIUM SEATS USA SERVICE OR OTHERWISE RELATED TO USER USE OF THE SITE AND/OR THE PREMIUM SEATS USA SERVICE. PREMIUM SEATS USA IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET SELLER, VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Indemnity. USER agrees to indemnify and hold PSUSA, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of USER's use of the SITE, including also USER's use of the SITE to provide a link to another SITE or to upload content or other information to the SITE.
Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will PSUSA be liable to USER for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if PSUSA has been advised of the possibility of such damages. USER further agrees that the maximum available remedy on any successful claim is a refund of the amount paid by the USER when placing an order through SITE.
PSUSA is not responsible for providing transportation or reimbursement of travel-related expenses under any circumstances unless those items are specifically included as part of a package. Nor are we responsible for any delay causing USER to arrive late or miss the event for any reason. Any actions by our company that do result in USER missing their event will be rectified with our liability not exceeding 100% of USER's total purchase price. PSUSA is not responsible for the conditions or the actions of the crowd at any event nor is PSUSA responsible for any changes made at the venue including, but not limited to, seating arrangements, stage set-up, or venue conditions.
The tickets that USER purchases from us are valid. If someone is sitting in USER's assigned seat, it is USER's responsibility to ask them to move or to ask an usher to assist.
Governing Law. USER agrees that any controversy or claim arising out of or relating to the use of PSUSA or the SITE will be governed by the laws of the State of Florida without regard to its conflict of law provisions. USER agrees to personal jurisdiction by venue in the state and federal courts of the State of Florida, Broward County.
Enforcement & Attorney’s Fees. Should litigation be required to enforce any provisions contained herein, then it is agreed by USER that the substantially prevailing party shall be entitled to recover all costs of such action so incurred including, without limitation, reasonable attorneys fees. Such an award shall also include all attorney's fees and costs associated with having to litigate entitlement to attorney's fees or the amount of such attorney's fees. Such an award shall also include all attorney's fees and costs associated with collection attempts or having to collect any judgment or any award of attorney's fees. Such an award shall also include all attorney's fees and costs associated with any appeals.
Force Majeure. PSUSA shall not be deemed in default or otherwise liable under these rules and policies due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, cyber-terrorism, embargo, war, act of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under PSUSA's control (hereinafter all of the foregoing is collectively referred to as "Force Majeure"). Notwithstanding the foregoing, PSUSA shall be permitted to terminate this Agreement with or without notice to the USER in the event that PSUSA is prevented from performing hereunder due to "Force Majeure."
Third Party Advertisers. PSUSA may allow third party advertisers to advertise on the SITE. PSUSA undertakes no responsibility for USER's dealings with, including any on-line or other purchases from, any third party advertisers. PSUSA shall not be responsible for any loss or damage incurred by USER in its dealings with third party advertisers.
Information Collection, Use, and Sharing. We are the sole owners of the information collected on this SITE. We only have access to or collect information that USER voluntarily gives us via email or other direct contact from USER. We do not sell or rent this information to anyone.
PSUSA will respond to verified law enforcement or other governmental department request or subpoena relating to a criminal investigation or alleged illegal activity. In such events, PSUSA will disclose information relevant to the investigation such as name, city, state, zip code, telephone number, email address, fraud complaints, and credit card information. PSUSA reserves the right to report to law enforcement agencies any activities that it believes, in good faith, to be unlawful.
USER Access to and Control Over Information. USER can do the following, at any time, by contacting us via the email address or phone number given on our Web SITE:
Security. We take precautions to protect USER information. When USER submits sensitive information via the Web SITE, USER information is protected both online and offline.
Whenever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. USER can verify this by looking for a closed lock icon at the bottom of USER web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect USER information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment.
Copyright Infringement Notification Should you wish to file a copyright infringement notification with PSUSA, you will need to send a written or electronic communication that includes all of the following, as based on Section 512(c)(3) of the Digital Millennium Copyright Act (DMCA):
Written or electronic notice of copyright infringement should be mailed, faxed, or emailed to PSUSA's designated agent at:
Please note the following: Under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity is infringing may be subject to liability for damages.
Service and Advertising Emails. PSUSA may send USER several service related emails to the email address given when placing an order. These include a confirmation email with details of USER's order, a pre-event email reminder about the event to be attended, and a post-event email gathering feedback on the USER's experience. When USER places an order, PSUSA will also add USER to our mailing list to be informed of upcoming events. USER can opt out of these emails at any time by notifying firstname.lastname@example.org, or by using the Safe Unsubscribe link included with our email communications.
Changes to Provisions. The foregoing rules, TERMS, conditions and policies may be modified by PSUSA at any time with or without notice to USER. If any provision of it is found void or unenforceable, the remainder will remain valid and enforceable according to its TERMS. These policies were last amended on October 24, 2011.