THESE TERMS AND CONDITIONS ("Terms and Conditions" or "Agreement"), ALONG WITH ANY OTHER POLICIES OR GUIDELINES POSTED ON OUR SITES (each a "Site", and collectively, the "Sites"), 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.
All transactions are backed by the Ticket Monster Iron Guarantee (TM), which states that once an order is confirmed, the customer will receive authentic tickets on time for their event or their money back, plus fifteen percent (15%) off of their next order. Ticket Monster also guarantees that once an order is confirmed, the customer will receive the tickets they ordered or tickets for seats as good as or better than the seats in the section or area they ordered, or we will refund 100% of the cost of the tickets, which typically includes service and delivery fees, plus we will give you 15% off of your next order at Ticket Monster.
When making a claim under the Ticket Monster Iron Guarantee (TM) the buyer must contact Ticket Monster customer service at email@example.com or 1-866-217-4777 as soon as the issue becomes known to the customer, or within 7 calendar days from the date of the event, if the issue arises on the date of the event (e.g. customer's ticket is deemed inauthentic). Ticket Monster requires proof from venue or box office as to the specific issue the customer had with the inventory. It is the buyer's responsibility to obtain a letter describing the issue from the venue or the box office along with an individual's contact information. The buyer will have to scan this letter and email it to firstname.lastname@example.org. Failure to contact us and provide proof within 7 calendar days from the date of the event will disqualify the buyer from receiving a refund or credit for any order the buyer claims to have had an issue with.
1. PURCHASING AND PRICE OF TICKETS
THE PRICE THAT YOU PAY MAY BE SUBSTANTIALLY HIGHER THAN THE FACE VALUE PRICE PRINTED ON THE TICKETS. Ticket Monster provides you with the service and convenience of locating premium and other tickets that are difficult to find or sold out via primary distribution channels such as Ticketmaster or the venue box office. Tickets posted on our resale marketplace, Ticket Monster, are supplied by pre-screened, professional resellers, as well as individual resellers unable to use their seats. Resellers list these tickets at market value, which may be well above the price printed on the face of the ticket. The market value price for a ticket is quite volatile, and is typically determined by many factors including seat location, supply and demand, date and location of event, etc. Ticket Monster may occasionally combine the ticket price, service fees and shipping charges, to include in one upfront list price.
Ticket Monster reserves the right to cancel and refund the buyer's order at any time for any reason.
Due to the large volume of ticket sellers listing tickets on our site, on very rare occasions, pricing errors do occur. Because Ticket Monster acts as an intermediary between the original purchaser of the tickets and the end user of the tickets, Ticket Monster shall not be liable for any pricing errors listed on this site. Furthermore, Ticket Monster does not guarantee any information provided by our licensed sellers in the 'Seller Notes' area of the ticket listings.
Free Seat Upgrade
If the customer selected the "Free Seat Upgrade" option in the shopping cart when the order was placed, then Ticket Monster is no longer required to fulfill the purchase with the original tickets and may upgrade your tickets at our discretion with as good as or better than seats. The definition of good as or better than seats are seats that are either closer to the center of the venue/stadium in a comparable section (same level) or seats in a lower row in a comparable section (same level). There are no refunds, withdrawals, exchanges, or cancellations on any requests, orders, or purchases once they have been submitted to us.
There are no refunds, withdrawals, exchanges, or cancellations on any requests, orders, or purchases once they have been submitted to us. This policy is in place because we immediately attempt to secure and acquire requested tickets from a ticket supplier when you place your ticket request. We are not able to recover our costs after the request, order or purchase has been submitted. Please only order tickets only after you are certain you want them.
3. TICKET LISTINGS
Ticket Monster offers four (4) types of ticket listings:
A. Tickets that are available for instant delivery (emailed within minutes of placing your order). Tickets that are marked for "Instant Delivery" are typically received within minutes of placing your order.
B. Tickets that are available for immediate delivery (ships within three (3) business days).
C. Tickets that are owned by the reseller, but the tickets are not available for immediate delivery. A specific delivery date and delivery method will be provided.
D. "Section Seating" tickets that are not yet owned by the reseller, but are guaranteed to be procured for you in the desired sections or area specified, once your order has been confirmed. Section Seating is not available to Maryland residents.
4. PRICES AND SEATING
All prices are listed in U.S. Dollars (USD) and are guaranteed only after your order has been confirmed, your credit card has been charged, and your purchase is completed ("Order Confirmation"). Since tickets are bought and sold on an open market, market prices are subject to change at any time prior to Order Confirmation, and we do not guarantee that you will be able to purchase the tickets for the prices shown on our Sites or that such tickets will be available, until Order Confirmation. Ticket Monster may occasionally combine the ticket price, service fees and shipping charges, to include in one upfront list price. Please contact our customer service department if you have any questions regarding the tickets you received.
Ticket Monster does not promise that its site, or any content, service, or feature thereof, will be error-free or uninterrupted, or that any defects will be corrected, or that your use of our website will provide specific results. Ticket Monster reserves the right to modify, suspend or terminate operation of this site or full or partial access thereto without notice and for any reason.
We cannot be and are not responsible for any typographical or system errors within the inventory listed for sale. If this type of error is found while processing your order, you will be notified of the error and, a substitution will be made when available, at no additional cost, or we will issue a refund. Please check your tickets carefully once they arrive.
The seating chart on our website is included as a convenience and is shown to provide a general view of the venue in accordance with the information we have received, which may or may not be accurate. It is your responsibility to confirm the exact location in the venue of the tickets we offer. Information on this website may contain technical inaccuracies or typographical errors. Please notify us if you discover any such instance. Ticket Monster reserves the right to make changes without notice.
5. ORDER CONFIRMATION/PROCESSING
Immediately after you submit your request for tickets, you will receive an email notifying you that we have received your request. This email does not confirm ticket availability or prices. It only indicates that we have received your request for those tickets and have begun the process of seeking to secure the requested tickets. You should also receive a copy of your invoice. In some instances where the physical tickets or bar code electronic ticket is not yet available, the delivery update acts as your confirmation until the ticket is delivered. Your order may be finalized even if you do not receive an order confirmation, finalized invoice or an updated status email from us. If you have not heard from us, or have only received a confirmation that we received your ticket request, please call our office to check on your order. NEVER make an assumption about the status of your order because you have not been contacted by us. Orders may not be cancelled due to problems with receipt of emails.
6. CREDIT CARD PURCHASES
Please note that purchases by credit card do not grant any variances from our Terms and Conditions. You are still responsible for complying with our Terms and Conditions. Any attempts to defraud Ticket Monster may result in civil and/or criminal action brought against you. Ticket Monster notifies local and federal law enforcement authorities in cases of fraud or suspected fraud and aggressively and fully cooperates with investigations.
Because of the increased market value of certain tickets, Ticket Monster may request additional proof of identity on any order prior to processing. Proof of identity may include but is not limited to a signed authorization form.
The credit card will be charged in accordance with the Order Confirmation/Processing section.
7. EVENT DATES AND TIMES
Event dates and times printed on the face of the tickets, or in any correspondence from Ticket Monster, are always subject to change. This is especially true for sporting events that are subject to television scheduling conflicts. It is your responsibility to check for any possible changes in date and time. You may check with your local media or call us to ensure that you arrive at the event on the correct date and at the correct time. You agree that Ticket Monster is not responsible for changes in the date or time of the event, and that refunds will not be issued due to event dates or times being changed.
8. TICKET DELIVERY
If your tickets are being delivered electronically ("E-Delivery"), a link to print your tickets will be sent to the email address you provided once your tickets are confirmed by the reseller. The acceptance of E-Delivery tickets specifically means you cannot dispute the charges to your credit card for delivery related matters.
All tickets shipped will be done so via an express delivery service. We typically use FedEx Express delivery services, or a comparable service, and we do not require a signature for delivery, unless the order meets a certain threshold, as determined solely by Ticket Monster. For security purposes, however, we recommend that you have your order shipped to an address that does requires a signature (e.g. such as a business address). It is your responsibility to track your package and to be available to accept the package. You agree to provide us with a secure delivery location. Your expected ticket arrival date is based on the actual date we ship the order.
By way of example, if you choose "One Day Shipping" you will get your tickets one business day after the seller ships the tickets and not necessarily one business day after you place your order.
If for any reason your tickets are returned to us, we will try to contact you to arrange for another delivery attempt. If you are unavailable or if you refuse delivery of your tickets, the tickets may be listed for sale on consignment to attempt to recover some or all of your costs. You hereby permit us to resell your tickets at any price. The tickets may be resold for substantially less than what you paid, in which case you may have a loss. You hereby agree to accept any such loss.
If your tickets are being delivered via E-Delivery, a link to print your tickets will be sent to the email address you provided once your tickets are confirmed by the seller.
In most cases, tickets will be delivered by the method and timeframe designated in the ticket listing. For listings with no designated delivery method, tickets will typically be shipped via our preferred carrier, FedEx. However, in all cases, Ticket Monster reserves the right to deliver tickets for any order as late as one (1) hour prior to the event. Valid delivery services on the day of the event may include, in Ticket Monster's sole discretion, Will Call at the venue box office, email (when applicable), via courier or pick up at a location outside the venue designated by Ticket Monster. Certain delivery designations, such as "e-Tickets" or "Instant Download", do not constitute guarantees of delivery any sooner than the day of the event. Typically such tickets will be delivered as designated, however in some cases delivery may first require additional verification or be subject to delays on behalf of the seller. Please note that in some instances Ticket Monster reserves the right to convert physical tickets to electronic tickets and deliver tickets via E-Delivery or convert electronic tickets to physical tickets and deliver tickets via an express delivery service or Will Call. It is the buyer's sole responsibility to contact Ticket Monster's if they do not receive tickets within 48 hours of the event. Failure to do so will disqualify the buyer from receiving a refund for any ticket the buyer claims was not delivered, unless failure to notice is waived by Ticket Monster, in its sole discretion. Photo ID may be required to accept delivery.
All deposits are non-refundable. If we have provided you with an Order Confirmation email, even though you may have not received your requested tickets or a link to print your tickets we have already committed to acquiring and securing those tickets for you.
10. LOST OR STOLEN TICKETS
When you receive your tickets, keep them in a safe place. Unfortunately, tickets cannot be replaced if they are lost, stolen, or damaged. Please note that direct sunlight and heat can damage some tickets. If your tickets are lost or stolen, give us a call and we will contact the Seller to see if the Seller can have the ticket reissued.
11. CANCELLED EVENTS
If an event is cancelled and not rescheduled for any reason other than an act of God (rainout, earthquake, flood, etc.), war, terrorism, strike, threat of strike or terrorism, labor disagreement, or lockout, we will provide a full refund for the amount that you paid for the tickets including service and delivery fees. TICKETS MUST BE RECEIVED BACK IN OUR OFFICE WITHIN 14 DAYS OF THE ANNOUNCEMENT OF THE EVENT CANCELLATION TOGETHER WITH VERIFIABLE PROOF PROVIDED BY THE VENUE IN WRITTEN LETTER FORMAT. WRITTEN OR STAMPED "VOIDS" DO NOT CONSTITUTE VERIFIABLE PROOF. We suggest returning tickets via certified mail or using a carrier that can provide you with proof of delivery. Send tickets to: Ticket Monster Cancelled Event Department (Invoice#______), 165 Madison Avenue #202, New York, NY 10016. We may attempt to contact you with further instructions in certain instances. If you have not heard from us within 48 hours of a cancellation announcement, please contact us at 1-866-217-4777.
12. POSTPONED OR RESCHEDULED EVENTS
If an event is postponed or rescheduled, the tickets will be honored by the venue for the rescheduled event date. New tickets will not be, or need to be, issued for most rescheduled events or postponements. As we are not able to recover our costs on the tickets that we acquired for you, we in turn are unable to offer customers refunds on postponed or rescheduled events.
13. VENUE CHANGES
In the case that an event is relocated to a different venue, tickets for the new venue will be provided if necessary and a refund will generally not be provided. Exact refund and exchange policies are determined on a show-by-show basis by the venues and performers. If seating is not available at the new venue a refund will be offered.
14. TAX AND SHIPPING CHARGES
Events taking place within the Chicago city limits and other select jurisdictions may have tax added to the order. Shipping charges are calculated based on delivery location and shipping method. Ticket Monster may combine the ticket price, service fees and shipping charges, to include in one upfront list price.
15. TRANSLATION POLICY
In the event that any statement in any translated version of this Site conflicts with the English version, the statement in the English version shall prevail.
16. LIMITATIONS OF LIABILITY
Ticket Monster is not responsible for providing transportation or reimbursement of travel-related expenses under any circumstances. Nor are we responsible for any delay causing you to arrive late or miss your event for any reason. You hereby agree that any actions by our Ticket Monster, its directors, shareholders, officers, employees or contractors, that result in you missing your event will be rectified with our maximum liability not exceeding 100% of your total purchase price plus a 15% discount of your next confirmed order. Ticket Monster, its directors, shareholders, officers, employees or contractors are not responsible for the conditions or the actions of the crowd at any event or venue nor is Ticket Monster, its directors, shareholders, officers, employees or contractors responsible for any changes made at the venue including, but not limited to, seating arrangements, stage set-up, or venue conditions.
If someone is sitting in your assigned seat, it is your responsibility to ask them to move or to ask an usher to assist you. In the event that we are required to seek legal remedies to recover fees, damages and/or resolve disputes, you agree that we are entitled to recover from you all costs associated with any such action, including but not limited to reasonable attorneys' fees and administrative costs.
18. BINDING ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
(1) Ticket Monster, LLC and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including, without limitation, claims relating to your use of Ticket Monster' Sites or any of its affiliated websites, any statements or advertising on the Site, your purchase of tickets through the Site, any fees or other amounts you paid to Ticket Monster in connection with the purchase of tickets through the Site, and/or the delivery of tickets to you that you purchased through the Site; claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement. References to "Ticket Monster," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior agreements between us.
(2) Notwithstanding the foregoing, either party may bring an individual (not class) action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Ticket Monster ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(3) This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with federal law to the fullest extent possible, exclusive of conflict or choice of law rules. To the extent there is no federal substantive law applicable to the dispute, this Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with Virginia law to the fullest extent possible, exclusive of conflict or choice of law rules. The parties agree if you have a dispute and your dispute involves an event (or a ticket for an event) that is located in the United States, then you consent to personal jurisdiction, and agree to bring all actions, exclusively in a state or federal court located in Norfolk, Virginia. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall therefore be governed by the Federal Arbitration Act (9 U.S.C. 1-16) ("FAA"). All issues relating to the enforcement of this Agreement and the arbitrability of claims shall be determined pursuant to the substantive and procedural provisions of the FAA. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, scope, enforceability or formation, and/or effect of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. This arbitration provision shall survive termination of this Agreement.
(4) A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute ("Notice"). The Notice to Ticket Monster regarding any arbitration claims you file should be addressed to: 611 Pennsylvania Ave SE #278, Washington, DC 20003 Attn: Legal ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). You may download or copy a form Notice and a form to initiate arbitration at:
(5) You will be required to pay a filing fee to initiate arbitration. Presently, that filing fee is $250, and is approximately equivalent to current court filing fees, but is subject to change by JAMS. All other costs shall be governed by JAMS Comprehensive Arbitration Rules and Procedures without reference to its Consumer Arbitration Standards of Minimum Fairness.
(6) The arbitration will be administered by JAMS and governed by JAMS' Streamlined Arbitration Rules and Procedures or, if applicable, JAMS' Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules issued by JAMS and in effect at the time the arbitration is brought, including, if applicable, JAMS' Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com/rules-clauses/, by calling JAMS at 1-800-352-5267, from a local JAMS office, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. Unless Ticket Monster and you agree otherwise, any arbitration hearings will take place in Washington, D.C.. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules.
(7) SUBJECT TO THESE TERMS AND CONDITIONS, YOU AND Ticket Monster AGREE THAT YOU MAY BRING CLAIMS AGAINST Ticket Monster SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Ticket Monster agree otherwise, 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.
(8) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator shall have the authority to award monetary damages and may grant any non-monetary remedy or relief available under applicable law, and shall have no authority to award damages, remedies or relief that would not be available under applicable law. The arbitrator will have no authority to award attorneys' fees except as expressly provided by these Terms and Conditions, or authorized by law or the JAMS Rules. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
(9) If any part or parts of this Agreement are found to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, but the remainder of this Agreement shall continue in full force and effect. Any or all of the limitations set forth in this Agreement may be specifically waived by the part against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement.
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