Furthermore, the reference to Terms relates to both ticket and ticket package purchases. Specific details about ticket package purchases is outlined below.
The Terms include the following provisions:
Processing Services: PSUSA utilizes a service provider (“Service Provider”), which performs services related to your purchase. These services include but are not limited to: (i) processing orders, (ii) verifying order details and confirming validity of payment information, (iii) charging your credit or debit card, and (iv) coordinating the delivery of purchased tickets. Service Provider does not design or market the Site and its sole relationship with the Siteowner is that of independent contractor. Service Provider and PSUSA shall collectively be referred to as "We" or “Us” within these Terms.
The Marketplace: PSUSA acts as an intermediary between ticket buyers and ticket sellers, allowing ticket buyers to find tickets for all their favorite live events. It also means that the Premium Seats USA Marketplace is not the ticket seller, and the listed tickets are not listed by PSUSA on behalf of any venue, promoter, team, league or organizing group. PSUSA does not represent any official organizer of the events listed and is not suggesting any endorsement by or association with such official organizers or any venues, events, teams, leagues, performers, or attractions. PSUSA is open to the exchange of any tickets for which there is a market, and that do not violate PSUSA’s policies.
Ticket Listings: Buyers may search Site for a specific artist or team, event date or othersearch category. Each listing contains the event name, date, seat location, and price per ticket. Please note, the ticket price may be higher than the “face value” that appears on the ticket. The “notes” section of the listing, if present, highlights special characteristics of the tickets contained in the listing. Because User will have an opportunity to look at the tickets available for a particular event and determine which tickets to purchase, it is theUser’s responsibility to confirm any relevant details by contacting Us. Ticket Listings do not purport to state the type of ticket and delivery method is not indicative of whether a ticket is hard stock or a PDF or any other ticket format. We do not guarantee the accuracy of any information provided by sellers on the Site.All ticket prices are listed in U.S. Dollars ($USD).
Selecting and Purchasing Tickets: Once User identifies the tickets they would like to purchase, and select them, User will be directed through the checkout process where User will enter the necessary personal information and provide payment information. User will also be able to review the ticket details and the total order price which will include service and delivery fees and any applicable taxes. The service and delivery fees are added by Us to the price of the tickets set by the seller. The service and delivery fees cover the costs of company operations, including connecting buyers to sellers with premium inventory to listed events, premium customer service, website improvements, and safe and secure checkout and delivery of ordered tickets.
By placing an order, you authorize Us to charge your method of payment for the total order amount. Once Userplaces an order, they cannot cancel or retract it. Upon the submission of the order, a hold will be placed on the User’scredit or debit card for the funds necessary to purchase these tickets and User will receive an email promptly after they place the order. Neither of these actions complete the sale. A completed sale is dependent on the seller's acceptance of the order and notice of confirmation to User that the order is accepted. If User does not receive notification of ticket delivery, contact Us at [email protected] for assistance. All ticket prices are listed and processed in U.S. Dollars ($USD).
Ticket Availability All orders are subject to ticket availability. We will use commercially reasonable efforts to procure and timely deliver the exact tickets ordered. If those tickets are no longer available, We reserve the right to replace tickets with comparable or upgraded tickets, at PSUSA or Service Provider’s sole, reasonable discretion.We also reserve the right to work with User’s to replace or refund for specific ticket package components that may no longer be available.
Should We fail to deliver any confirmed ticket purchase, our sole obligation or liability shall be limited, unless otherwise required by law, to the return of any payment made by you for the undelivered ticket. We reserve the right to cancel and refund your order according to our Refund Policy at any time for any reason.
Pricing Errors: A large volume of tickets are listed on our Sites and We make every effort to prevent pricing errors. On rare occasions when pricing errors occur, We shall not be liable to the customer for this error. For the avoidance of doubt, if a ticket is subject to a pricing error, Wemay offer the tickets to the User at the corrected price. If the corrected price is not acceptable, Wewill allow you to cancel your order.
General Disclaimer: Neither Site nor We are the official box office, or affiliated in any way with any venue, promoter, team, league or organizing group. Neither Site nor We are associated with any official organizer of the events for which tickets are listed. Rather, our offers are an independent marketplace for the sale of event tickets on the secondary market.
Payment: By placing an order, User authorizesUs to charge your method of payment for the total amount, which includes the ticket price, service and delivery fees and any applicable taxes. We accept Visa, Mastercard, Discover, American Express and PayPal. User agrees that they will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner, including by seeking a “chargeback,” regarding ticketspurchased. In the event that User disputes a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, We have the right to (i) seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings; and (ii) refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site. We may also mitigate its damages by relisting and selling the tickets that are the subject of the underlying payment dispute.
Payment Options: As a User, you grant Us permission to charge your credit or debit card for the purchase of tickets. Visa, Mastercard, Discover, American Express and PayPal are valid payment methods for purchasing tickets.
Premium Seats USA 100% Money Back Guarantee: To maintain the highest level of ethics in the marketplace and ensure fans confidence in genuine and authentic tickets, we have backed all orders with a 100% Monday Back Guarantee (and in certain limited circumstances described below, 200%).
Under the Premium Seats USA 100% Money Back Guarantee, your transaction will be safe and secure, the ticket(s) that you ordered on the Site will be delivered prior to your respective event in a form that is the same as, comparable to, or better than your purchased ticket(s), and the tickets shall be valid and authentic. Our sole obligation or liability to you under the Premium Seats USA 100% Money Back Guarantee shall be limited to compensating you for any payments you made to us for the applicable ticket(s) (including service, shipping or other charges, less possible restocking fees). The Premium Seats USA 200% Money Back Guarantee means that User’s transaction will be safe and secure, and the tickets will provide valid entry to the event. Once a User’s order has been delivered, User is guaranteed to have received authentic tickets which will be accepted at 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. If User purchases a ticket package, the only element covered by the 200% Premium Seats USA Money Back Guarantee is the ticket portion of the package. All other components are not eligible under the 200% Money Back Guarantee and User must work with Us to resolve any issues not related to the ticket portion of the package. Exclusions to the 100% Money Back Guarantee are as follows:
Premium Seats USA 200% Money Back Guarantee If User is unable to access an event due to a ticket authenticity or validity issue, then 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 (less possible restocking fees). If User is unable to access an event due to an issue unrelated to the authenticity of the ticket, including but not limited to, User using the incorrect ticket to access an event, venue or box office staff errors, bar code scanner malfunctions or primary market ticket system failures, then no refunds shall be given unless otherwise determined in our sole discretion.
If User’s tickets were not accepted at the venue gate (due to the tickets being invalid and not due to User error or for any other reason), User must provide Us with viable proof that the tickets were not accepted due to the authenticity of the tickets. For example, a letter from the venue on official letterhead, or an email from a venue employee, confirming that the User’s tickets were not accepted with the section, row, and seat numbers in question. Claims WILL NOT be accepted if User does not attempt to contact Us immediately after being told tickets would not be accepted for entry into the event.
When making a claim under the Premium Seats 200% Money Back Guarantee, the User will be required to complete and submit a Denied Entry Claim Form to [email protected] 48 hours of the event date. All claims are processed, verified, and honored at the sole discretion of Us in accordance with these Terms.
If User does not attempt to contact Us, they will still be eligible for a claim review, but they will only be eligible for a 100% refund on the ticket purchase, if determined to be applicable in accordance with the Premium Seats USA 100% Money Back Guarantee.
Denial of Admission When attending an event, User may be required by the venue or event organizer or such party’s agent to sign a waiver or other legal document in order to gain access to the venue. By purchasing tickets from Us, User understands that they may be denied entry if they do not sign such waiver and such denial of entry will not be the responsibility of Us.
Due to the uncertainty related to the COVID-19 pandemic, User’s tickets and admission to the event are subject to all venue and/or event organizer/promoter safety and health policies, which could include, but are not limited to, health screening or vaccination requirement. User acknowledges that due to the evolving nature of the pandemic, the venue and/or event organizer/promoter may continue to develop and update these policies in the intervening time between your purchase and the event date. By purchasing tickets, User acknowledges and agree that they will comply with such policies and User’s attendance at the event is conditioned on such compliance. If User’s admission to the event is denied or revoked because (i) User has willfully failed or refused to comply with any such safety and health policies of the venue and/or event organizer/promoter, or (ii) if User has failed any health screenings or lack the vaccination status required by the venue and/or event organizer/promoter, User will not be eligible for any compensation from Us.
Delivery of Tickets In most cases, tickets will be delivered by the method and timeframe designated in the ticket listing. Tickets may be delivered via Instant Download, Email, Direct Transfer, Mobile, UPS, FedEx or Special Delivery for the charge stated during the checkout process. Some tickets are delivered by an alternative method which will be described at the time of checkout or in a subsequent email. For listings with no designated delivery method, tickets will typically be shipped. The delivery charge consists of the actual cost of delivery as well as a surcharge that supports PSUSA and Service Provider’s safe and secure ticket delivery, whether electronic, via shipping, or otherwise. Delivery method is not indicative of the type of ticket. Tickets in all forms, including hard stock and PDF, may be shipped via UPS or FedEx.
Delivery typically occurs on or before the delivery date on the listing, regardless of delivery method. Special Delivery includes same day delivery and may include Will Call, onsite pick up at the venue, pick up from another designated location (typically within two (2) miles of the venue, if possible), or messenger service. The exact delivery location for Special Delivery orders will be designated by the seller.
In some cases, delivery may first require additional verification, such as photo ID, or be subject to delays on behalf of the seller. Tickets may not ship out immediately; delivery designations, such as “e-Tickets” or “Instant Download”, do not constitute guarantees of delivery any sooner than the day of the event. In all cases, We reserve the right to deliver tickets for any order as late asup to the event start time listed on the tickets. Valid delivery services on the day of the event may include, in PSUSA or Service Provider’s sole discretion, Will Call at the venue box office, email (when applicable), courier or pick up at a location outside the venue designated by Us.
Ticket Holder Behavior Policy Attendees to live events must abide by the rules and policies of the venue, promoter and anyone else responsible for the event. Failure to follow such rules and policies may lead to consequences against User or the seller or original ticket holder. If User or another person using the ticket you purchased from Us fails to abide by those rules and policies, User is responsible for all applicable fines and legal or other expenses associated therewith. If User is asked to leave the event or User misses part of the event due to suspected or confirmed inappropriate behavior, User will not qualify for a refund or any other compensation. Further, should any violation result in the loss of the ticket seller’s season ticket rights or right to use any other 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.
All Sales Are Final: All sales are final. Please only order tickets after you are sure that you want them. User cannot cancel an order if plans change, the date or time of the event changes, User finds different tickets that become prefer, or User’s ability to attend an event changes, nor can User substitute or exchange your tickets if order incorrectly.We 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.
No compensation will be given for any reason other than cancellation of the event or failure to timely deliver valid tickets. This policy is necessary because of our status within the ticket industry. When a purchase is confirmed, the seller removes the associated tickets from the seller’s inventory. The pricing in the market also changes frequently and just as the seller is not permitted to decline to confirm an order in anticipation of the market going up, Users are not permitted to return tickets or cancel an order due to the market price going down. A User may sell their tickets on the PSUSA Marketplace if, after purchase, the User decides not to attend the event subject to certain restrictions, in which case a User may sell the tickets by alternative means.
If We fail to deliver any ticket contracted for on time for the event at the time that it actually occurs, then PSUSA and Service Provider’s sole obligation or liability shall be limited to compensating the User for any payments made to Us under this Agreement. We reserve the right to cancel and refund the User’s order at any time for any reason.
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.
Cancelled and Postponed Events: If an event is canceled, we will refund the purchase price (less any shipping or delivery fees and less any possible restocking fees), or will issue a credit for use on a future purchase, as determined in our sole discretion (unless otherwise required by applicable law).If User purchased a package, only those elements that have not been delivered or redeemed canbe refunded. The User will not be issued a full refund for items delivered or redeemed by User but they will be eligible for a refund associated to the cancelled event tickets. To qualify for a refund, User must return their tickets as soon as possible, but in all cases, within two weeks of notice from Us that the event is deemed “Cancelled”. No refunds will be given without the original tickets, unless otherwise determined by Us in our sole discretion. We will determine when an event is canceled based upon the best information available. Postponed or rescheduled events will not be refunded or otherwise compensated.
Event date, times, venue and subject matter may change. We are not always notified if a show is postponed, rescheduled or canceled. It is the User’s responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event.Delayed, postponed or rescheduled events will not be refunded, and User’s tickets will be valid for the later date. We in our sole discretion, will determine when an event is cancelled.In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond PSUSA and Service Provider’s control. We shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation.
If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, the entity putting on the event has announced a seating or attendee capacity reduction of greater than 15%, then, at our sole option, We reserve the right to cancel tickets for seating locations eliminated by the venue or to deem such event cancelled in its entirety. In the event that We deem an event cancelled in its entirety based on a reduction in capacity: (i) all outstanding orders for such event will be cancelled; and (ii) the event will be reposted for sale with the adjusted capacity and known restrictions. Any Users whose tickets have been cancelled pursuant to this paragraph shall receive compensation for such cancellation but nothing greater than the original purchase price.
Lost, Stolen, or Damaged Tickets: We are not responsible for lost, stolen, damaged or destroyed tickets and are under no obligation, and, in many instances, are not able, to replace the tickets. Please note that direct sunlight or heat can damage certain types of tickets. You are responsible for ensuring that your tickets are kept in a safe location.
If you would like Us to submit a request to the seller for a re-issue of tickets, the reissue fee is 15% of the order total (maximum of $200.00). If the seller is unable to receive the re-issue of the tickets, you will be refunded the reissue fee according to our Refund Policy.
Discount Codes: PSUSA uses several different methods in which to deliver discount codes to customers. Regardless of the discount code the following rules apply:
Purchased Gift Cards or E-Gift Cards: PSUSA sells actual, physical gift cards and virtual e-gift cards. Regardless of the gift card type the following rules apply:
Ticket Packages: Packages are listings that include an offering of two or more tickets, services and/or components/items wrapped into a bundle or a package deal.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. User is responsible for taking the necessary action to redeem all components associated to their package deal. PSUSA will not offer refunds for any portion of the package deal that were available for the User to redeem or accept. 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.
Virtual Experiences: Through SITE, USER may purchase the right to access virtual experiences where you can receive avideos (“VIDEOS”), virtual lessons (“LESSONS”) virtual meet and greets (“M&G”), virtual reality experiences (“VRES”) and other similar services that may be added later collectively “VIRTUAL SERVICES”, from celebrities, including athletes, actors, performers, artists, influencers, and others (each, a “TALENT USER”). From the list of the virtual experiences posted on the SITE USER may submit a request to a TALENT USER for a VIRTUAL SERVICE for USER or a third party that USER identifies as a recipient (“RECIPIENT”).
All VIRTUAL SERVICES are provided by third party providers, not SITE. SITE is not responsible for the acts or omissions of such third-party providers.
USER acknowledges and agrees that TALENT USER has sole discretion to determine how to fulfill USER’s request and the content of the VIRTUAL SERVICES created or conducted, and that TALENT USER shall not be required to follow USER’S request exactly.
A good faith effort will be made to schedule all VIRTUAL SERVICES within 7 business days of USER’S purchase. USER may request that TALENT USER reschedule a VIRTUAL SERVICE within 30 days of a USER’S originally scheduled experience start time, provided the request to do so is made and acknowledged 5 days before the experience start time. In the event TALENT USER’S availability changes, SITE reserves the right to reschedule USER’s experience at a mutually agreeable time. SITE will contact USER to reschedule using the contact information USER provided to SITE when placing the order for VIRTUAL SERVICES.
SITE reserves the right to refuse or reject service to anyone for any reason at any time. TALENT USER reserves the right to reject any request at their sole discretion.
VIDEOS are licensed, not sold. USER is buying a license to use it, not the actual itself.
LESSONS are intended for one RECIPIENT only. One additional person (parent or guardian and/or purchaser) may observe at no additional fee. However, this is not encouraged, as it can be distracting for the RECIPIENT. SITE may require that USER pay an additional fee for any person who is not the parent or guardian of the RECIPIENT or purchaser of the LESSON.
VRES are a simulated experience where a third party provider uses a technology that provides USER with a simulated experience of stepping inside a computer-generated 3D world. USER will need to have certain accessories to accept delivery of a VRES. Accessories may be included in the price of USER’s order if so specified. USER must provide a complete and accurate delivery address to receive such equipment. Due to the nature of the purchase the delivery address for such accessories cannot be modified once the order is submitted.
VIRTUAL SERVICES require that USER have certain equipment to accept delivery of the service ordered. If equipment is not listed as included with the VIRUAL SERVICE ordered when USER places an order, it is USER’s responsibility to ensure that USER has the necessary equipment (including but not limited to high speed internet access, a device that can connect to the internet, or any materials necessary to participate in a LESSON or receive the VIRUAL SERVICES) to accept delivery of the VIRTUAL SERVICES. SITE will not issue refunds because USER does not have the necessary equipment.
USER understands that USER’S information (not including credit card information), may be transferred unencrypted and that such transfer may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Virtual Experience Refund Policy: All VIRTUAL SERVICES are non-refundable. Notwithstanding the foregoing, if USER’S request for VIRTUAL SERVICES is rejected or if the VIRTUAL SERVICE is cancelled rather than rescheduled, USER will receive a refund for the cancelled or rejected VIRTUAL SERVICES less the value of any items or components that were processed, delivered or redeemed.
Virtual Experience Behavior Policy: USER must behave in a respectful manner. For more details, please consult our Experience Guidelines.
Limited License to Use the Virtual Services: In exchange for paying the required fee, USER acquires a limited license to use the VIRTUAL SERVICES solely for USER’s personal use as specified in these terms and for a single use unless otherwise specified. USER shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the VIRTUAL SERVICES, or access the VIRTUAL SERVICES or any content on the SITE through which the VIRTUAL SERVICES are provided, without express written permission from SITE.
Subject to USER’s payment in full of the required fee and these terms, TALENT USER hereby grants USER the following limited rights to use the PSUSA solely for USER’S own personal, non-commercial, and non-promotional purposes: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the t PSUSA VIDEO, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.
USER shall not sell, resell, or encumber TALENT USER’S rights in any PSUSA VIDEO. USER may sublicense USER’S rights in a PSUSA only to the extent necessary for USER to use the PSUSA as permitted under these Terms (for example, sharing it with friends on a social media platform or sending it to a RECIPIENT in each case solely for personal, non-commercial, and non-promotional purposes as set forth above).
USER may use a VIRTUAL SERVICE only in accordance with these terms, which includes the VIRTUAL SERVICES Acceptable Use Policy. SITE may terminate all or part of the licenses granted in these VIRTUAL SERVICES TERMS at any time for any reason. SITE reserves the right to remove a from our SITE at any time for any reason without any notice to USER.
USER agrees that a M&G is priced based on one to four RECIPIENTS for a specified period of time via virtual teleconferencing. Larger groups require prior approval and payment of additional fees.
Additional Virtual Service Terms: Some VIRTUAL SERVICES may have additional terms and conditions that USER must agree to in order to use the VIRTUAL SERVICE (“ADDITIONAL TERMS”). If ADDITIONAL TERMS apply, we will make them available to USER in connection with that product or service. By using that product or service, USER agrees to the ADDITIONAL TERMS. To the extent that the ADDITIONAL TERMS conflict with any of these Terms, these Terms will govern unless the ADDITIONAL TERMS say that some or all of these Virtual Experience terms do not apply.
Unlawful Activity; Acceptable Use: We prohibit the use of the Site for any unlawful conduct. All Users must comply with all local, state, federal and international laws, ordinances, and regulations. By using this Site, User agrees not to use any false personal information or use an invalid or unauthorized credit or debit card. User agrees not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose.
We are the sole interpreter of this site’s intended and acceptable use. This site is intended to be used by individuals or companies seeking to buy or sell tickets for ultimate use by an individual to attend an event and for no other purpose. If User is a venue, promoter or anyone else responsible for controlling admission to an event, they may not access our Site or purchase tickets on this Site for purposes of (i) identifying tickets available on our Site or the sellers of those tickets; or (ii) revoking or voiding any tickets offered by sellers on this site or otherwise penalizing any sellers for offering tickets on this site
Investigations and Consequences: We monitor compliance with these Terms and investigate alleged violations and other complaints against Users. This includes any attempt to defraud, or otherwise harm Us or sellers on the Marketplace. Users are required to cooperate in such investigations including, but not limited to, providing any and all information requested.
A purchaser who is the subject of a complaint or whom we believe may have violated these Terms or applicable law will be subject to investigation. User agrees to cooperate fully in such investigation including, but not limited to, providing any and all information demanded. If We find, in our sole discretion, a User: (a) is unwilling to cooperate with any investigation; (b) has engaged in any illegal, unlawful or fraudulent conduct or otherwise violated these Terms or applicable law or has acted in concert with anyone so engaged; or (c) has provided information that We are unable to authenticate or verify, We may take any action it deems appropriate, including, but not limited to, canceling orders, issuing a warning, blocking access to the Site, preventing User from finalizing pending transactions, or exercising any other remedy available to Us (including civil, criminal or injunctive redress). User agrees that monetary damages may not provide a sufficient remedy to Us for violations of these Terms and may be difficult to ascertain or calculate and User consents to injunctive or other equitable relief for such violations We reserve the right to report to appropriate law enforcement authorities or other relevant third parties any activity that either We believe, in our sole discretion, may in any way violate any local, state, federal or international law.
Intellectual Property: We respect the intellectual property of others, and We ask you to do the same. Weuses a third party to curate images on our site that are either original creations or copyright free. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number and email address; © a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached at:Premium Seats USA, 2598 E Sunrise Blvd #2104, Fort Lauderdale, FL 33304.
Ownership: The Site and Service Provider’s platform, including all Site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) (“Our Property”) is owned or licensed by PSUSA and/or Service Provider and will remain the property of the same. User acknowledges and agrees that they do not acquire any ownership or licensing rights by using the Site. User may not use any of our Property in connection with any product or service that is not offered by Us in any manner that is likely to cause confusion with respect to our business, or in any manner that disparages Us. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Our Property without the express written permission of Us. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
Indemnification: User agrees to indemnify, defend and hold Us, our parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives (“Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (a) Users breach of any of these Sales Terms; (b) any allegation that any information User submits or transmits to the Site infringe or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of Us; and/or (d) Users activities in connection with the use of this Site.
Disclaimers and Limitations on Liability:
THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,EITHER EXPRESS OR IMPLIED. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability: NEITHER US NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS). UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE (INCLUDING ATTENDANCE AT ANY EVENT). WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE AND ANY OTHER INDEMNIFIED PARTY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, OR ATTENDANCE AT AN EVENT, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF US; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE MAXIMUM LIABILITY OF US, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OVER THE PAST TWELVE (12) MONTHS; OR (B) $200.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER US NOR ANY OF THE INDEMNIFIED PARTIES ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US AND THE INDEMNIFIED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF VENUES OR EVENT ORAGNIZERS/PROMOTERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES, SITES AND LOCATIONS RESTS ENTIRELY WITH YOU.’
Disputes, Including Mandatory Arbitration and Class Action Waiver: User andPSUSAand Service Provider each agree that any and all disputes, controversies, or claims arising out of or relating to: (i) these Sales Terms; (ii) Users use of, or access to, this Site; (iii) Our services; or (iv) any tickets or other items sold or purchased through this Site shall be resolved exclusively through final and binding arbitration rather than in court. YOU AGREE TO WAIVE ANY AND ALL RIGHTS AND CLAIMS TO TRIAL BY JURY.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Premium Seats USA, Attention: Litigation Department, 2598 E Sunrise Blvd #2104, Fort Lauderdale, FL 33304. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at https://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. However, if your dispute is regarding the re-sale of a ticket for any event located in Illinois, then these Terms will be governed and construed in accordance with the laws of Illinois, without regard to conflict or choice of law rules, and you consent to personal jurisdiction, and agree to bring all actions, exclusively in Chicago, Illinois. If you have an inquiry regarding a ticket re-sale transaction for any event located in Illinois, please contact us at Premium Seats USA, 2598 E Sunrise Blvd #2104, Fort Lauderdale, FL 33304 or [email protected].
YOU AND PSUSA AND/OR SERVICE PROVIDER AGREE THAT EACH MAY ONLY BRING AND ASSERT CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE ACTION. UNLESS YOU AND PSUSA AND/OR SERVICE PROVIDER AGREE OTHERWISE, THE ARBITRATOR WILL ONLY REVIEW AND DETERMINE THE INDIVIDUAL CLAIMS AND MAY ONLY AWARD RELIEF IN FAVOR OF THE INDIVIDUAL PARTY BRINGING THE CLAIM(S) AND SEEKING RELIEF ON AN INDIVIDUAL BASIS. ANY RELIEF GRANTED WILL HAVE NO IMPACT ON OTHER WEBSITE USERS. YOU AGREE THAT YOU COULD HAVE SUED IN COURT WITH A JURY IF NOT FOR THESE TERMS AND WAIVER. YOU AND PSUSA AND/OR SERVICE PROVIDER AGREE THAT THE WAIVER OF A TRIAL BY JURY AND OF ANY CLASS OR REPRESENTATIVE CLAIMS IS A MATERIAL, ESSENTIAL TERM TO THE ARBITRATION OF ANY CLAIMS BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT. IF THE WAIVER IS DETERMINED TO BE VOID, VOIDED, OR UNENFORCEABLE, THEN THE PARTIES' AGREEMENT TO ARBITRATE CLAIMS SHALL BE FOUND NULL AND VOID WITH RESPECT TO SUCH PROCEEDING.
Modification: We have the right, in our sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice.
Changes in Terms and Conditions: We reserve the right, in our sole discretion, to change these Terms at any time. If we change any term or condition, said modification, revision and additional information shall be posted here and shall automatically replace the Terms and Conditions and become binding on all Users of ourSites. Users continued use of the Site following our posting of revised Terms and Conditions constituteacceptance of the revised agreement.
Force Majeure: We shall not be deemed in default or otherwise liable under these Sales Terms due to its inability to perform its obligations by reason of any act of God, fire, earthquake, blizzard, flood, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by PSUSA’s default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under PSUSA’s control.
Allocation of Risk: User acknowledges and agrees that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk and that the pricing and other terms and conditions of this agreement reflect such allocation of risk.
Additional Provisions: No agency, partnership, joint venture or other relationship is intended or created by User’s use of the Site.
These Sales Terms, the use of our Sites, and any purchases of tickets or packages hereunder will be governed by the laws of the State of Florida, without reference to conflict of law principles.
These Sale Terms contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.
If any provision of these Sales Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.
Terms Last Updated: 1/31/22