Terms of UseEffective Date: April 2, 2025
Tickets.com Website Terms of Use
IMPORTANT: THESE TERMS CONTAIN A DISPUTE RESOLUTION SECTION, INCLUDING A MANDATORY ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS, AND AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU (AS WELL AS THE BELOW NAMED COMPANY AND VENDOR) ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
The following Terms of Use (this "Agreement") describes the terms and conditions under which the services of this Tickets.com website (this "Website") are provided. By accessing this Website and using any service provided by this Website, including but not limited to viewing any of its content or purchasing any ticket or merchandise, or utilization of any resources, information, content, materials and results or output derived from such services or products on the Website, you expressly agree to be bound by this Agreement, including the terms of our privacy policy and all applicable laws and regulations governing the use of this Website. In this Agreement, underlined terms serve as links to pages within this Website that contain important information concerning your use of our services. We suggest that you access and become familiar with these pages, including but not limited to our Privacy Policy and Our Policy regarding ticket purchases, as you read this Agreement. If you do not agree with this Agreement, Privacy Policy, or Policy regarding ticket purchases, then you are not authorized to use the Website.
Tickets.com may revise and update these Terms of Use from time to time without notification to its users. Accordingly, we encourage our users to regularly check this Agreement for changes posted on the Website and your use of the Website after such change is posted will mean you accept such change.
· Introduction This Agreement, and use of the website, is an online service provided by Tickets.com, LLC, a Delaware corporation (sometimes referred to herein as the "Company", "we" or "our") with a principal place of business in California. The website consists of ticketing services, which may include facilitation of the purchase or sale of tickets to live events, access to other ticket resources, and related content provided by the Company and by third parties. The website is operated in part by Company and in part by a third-party service provider ("Vendor") that provides a platform to Company that allows third-party ticket resellers to list tickets for sale through the platform. When you select a resale ticket listing on the website, you will check out on a page that is hosted and operated by Vendor. Vendor also provides the following services to the Company: (i) processing orders, (ii) verifying order details and confirming validity of payment information, (iii) charging your credit or debit card, (iv) coordinating delivery, and (v) customer service. This Website is subject to the terms and restrictions contained herein and is for private personal use by consumers only ("Users"). Any other use or attempt to use this Website, or any of the services provided through this Website for commercial purposes (including the purchase of tickets for the purpose of resale), directly or indirectly, by you or by a third party is strictly prohibited.
· Changes in Terms and Conditions The Company reserves the right to modify, suspend, or discontinue any aspect or feature of this Website, or this Agreement at any time. This includes but is not limited to, the right to change or discontinue any service provided by the Company, content displayed on this Website, hours of availability, and equipment needed for access or to use this Website, at any time. Tickets.com shall not be liable to you or any third party for any modification, suspension, or discontinuance. The failure of Tickets.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Unless expressly stated otherwise, any new features that augment or enhance the current services provided though this Website also will be subject to the provisions of this Agreement.
· Permitted Use of This Website This Website is the property of Tickets.com, LLC and your access to this Website is with our permission. Any unauthorized access or use will be, among other things, a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of this Website, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies.
· Prohibited Use of this Website You are prohibited from doing any act that has the effect of undermining the integrity of our system, this Website, our services and the method by which we provide our services to users. As a material term of this Agreement, you expressly agree that you shall NOT do any of the following:
· Deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from this Website;
· Deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to this Website for any other purpose, including but not limited to purchasing tickets;
· Deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this Website, its hardware and connections, or prohibits, denies or delays access to this Website by others;
· Purchase tickets to any event offered through this Website for the purposes of reselling those tickets, except as permitted by applicable law. If we determine that you are purchasing an irregularly large number of tickets to an event or multiple events, we will presume that you are purchasing such tickets for resale purposes and at our sole election, we will cancel your transaction(s) and restrict your access to this Website;
· Download or copy any content displayed on this Website for purposes other than preserving information for your personal use;
· Establish any deep link or other connection to any specific page or pages of this Website other than the home page, without Company's prior written permission;
· Deploy or facilitate the use or deployment of any automatic or manual device, process or means to circumvent, avoid or defeat any of our security measures or systems, including but not limited to the "CAPTCHA" system used as part of this Website's ticket purchasing process. The CAPTCHA system requires the typing of characters on your computer screen, and you expressly agree that the typing will only be done manually by you on the keyboard of the computer you are using to access this Website;
· Access, reload or refresh this Website's transactional event or ticketing pages, or make any other request to this Website's transactional servers, more than once during any two second interval; or
· Request more than 500 pages of this Website in any twenty-four hour period.
You expressly agree that you will use this Website only for lawful purposes. You will not post or transmit through this Website any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability of the Company, (v) contains advertising or any solicitation with respect to products or services, unless we have approved such material in writing, in advance of its transmission; (vi) introduces any program, executable file or routine (such as a worm, Trojan horse, cancelbot, time bomb or virus) into our system for any purpose, irrespective of whether any such program or routine results in detrimental harm to our system or our data; or (vii) threatens the continuous services of our ISP's, suppliers and vendors. Any conduct by you that in our sole discretion restricts, inhibits, or interferes with any other consumer from using or enjoying this Website is expressly prohibited.
- General Disclaimer
With the exception of Website primary tickets offered by Company clients or Major League Baseball (MLB) Clubs that you may link out to purchase from the Website, we are not the official box office, or affiliated in any way with any venue, promoter, team, league or organizing group, and we are not associated with any official organizer of the events for which tickets are listed. Rather, except for primary tickets offered by Company clients or MLB Clubs that you may link out to purchase from the Website, our offers are an independent marketplace for the sale of event tickets on the secondary market.
- 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 upgraded or comparable tickets, Company’s or Vendor’s sole, reasonable discretion. In the unlikely event that 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.
· Transaction and Processing Fees There is no fee for accessing this Website and viewing our content and the content of third parties that we display. If you decide to purchase tickets or other merchandise, you agree to pay, in addition to the price for the ticket or merchandise, other fees and charges that we may impose, including but not limited to, per-ticket fees, convenience fees, processing fees, method of delivery fees and other miscellaneous fees. The amount of each fee may vary, depending on the tickets or merchandise you purchase and the method you select to receive your tickets or merchandise. Please note that the price you pay may be higher than the face value of the tickets. A large number of ticket resellers list their tickets on Vendor's platform and are displayed on this website.
Fees and charges, including (but not limited to) charges for issuance, convenience, handling, processing, shipping, delivery, (including but not limited to, charges for Federal Express or other courier delivery), and any other miscellaneous charges assessed by us represent, among other things, the costs we incur in providing our goods and services to you. The fees and charges we assess may be greater than our actual cost of providing those services, and we may retain a portion of all such fees and charges as profit. For example, we retain as profit, a percentage of what we charge you for FedEx delivery of your tickets or merchandise. Our profit may vary from transaction to transaction, depending upon such factors as (for example) the "zone" to which your tickets or merchandise are shipped, the delivery time you request (express, overnight, 2-day or 3-day) and the size and weight of your package. You are urged to review all pages displayed during your completion of a purchase. All fees and charges related to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction prior to completion of a purchase.
- All Sales Are Final
By placing an order, you authorize us to charge your method of payment for the total order amount. Once you place an order, you cannot cancel or retract it. A completed sale is dependent on the third-party seller's acceptance of the order and notice of confirmation from us to you that the order is accepted. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner, including by seeking a “chargeback,” regarding tickets purchased. If you dispute 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 website. We may also mitigate our damages by relisting and selling the tickets that are the subject of the underlying payment dispute. We reserve the right to cancel and refund your order at any time for any reason.
- Lost, Stolen, or Damaged Tickets
Please make sure to keep your tickets in a safe place. 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 tickets.
· Cancelled and Postponed Events
We will determine in our sole discretion when an event is cancelled based upon the best information available. If your event is cancelled, we will send you notice of cancellation. You must return your tickets to us within 14 days after our notice was sent to qualify for either a credit for the purchase price for use on a future purchase or a cash refund of the purchase price, as determined in our sole discretion.
Unless otherwise required by applicable law, postponed or rescheduled events will not be refunded. Your tickets will be valid for the later date.
Event date, times, venue and subject matter may change. We are not always notified if a show is postponed, rescheduled or canceled. It is your responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event.
· Buyer Guarantee
The Buyer Guarantee means (i) that your transaction will be safe and secure, (ii) the tickets will be delivered prior to the event, (iii) the tickets will be identical, comparable to, or better than the tickets you ordered, and (iv) the tickets will be valid and authentic. Your only recourse under this Buyer Guarantee is compensation of the purchase price (less possible restocking fees), in the form of credit for use on a future purchase or as a cash refund, as determined at our sole discretion except where prohibited by law. Please note that insurance costs will not be refunded.
· Links to Other Websites We may, from time to time, display icons, graphic or textual links to other websites, or display selected pages of other websites not affiliated with Tickets.com. Any content, product or service provided by other websites is under the exclusive control of such third parties and not Tickets.com, LLC. Your access to and use of any other Website, and any transaction in which you engage on any other website, is subject to the applicable user agreements and privacy policies of that website. By access and use of any other website, you expressly disclaim all liability of Tickets.com with respect to your, or third party's actions on these other websites. The Company reserves the exclusive right and sole discretion to add, decline or remove, without notice, any icon or link to another website.
· Electronic Communications Subject to the Privacy Policy, when you purchase tickets or merchandise from us, or when you become a registered user with us to facilitate future transactions, you are communicating with us electronically and by doing so, you consent to receive electronic communications from us regarding a purchase you are making or an event to which you have purchased tickets. Additionally, by consenting to accept electronic communications from us, you also agree that all agreements, disclosures and notices, including any updates to this Agreement, may be provided to you electronically and that an electronic communication from us satisfies any legal requirement that a communication be in writing. In addition, when you purchase tickets or merchandise from us, or when you become a registered user with us, you agree that you have established a business or personal relationship with the Company and you consent to receive email notices or advertisements from us in the future about events, products or services that may be of interest to you. If you are not interested in receiving email notices or advertisements from us, you should unsubscribe now.
· Downloading Of Intellectual Property Other than third party materials that Tickets.com uses in accordance with applicable law and content posted by Users, Tickets.com owns all Website software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, and other copyrightable elements, including the selection and arrangement thereof, trademarks, service marks and trade names (collectively, the "NDI Elements"). The NDI Elements are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any NDI Elements to any third party (including, without limitation, the display and distribution of the NDI Elements via your own or a third party website) without Tickets.com's express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any software included in the NDI Elements. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. Tickets.com neither warrants nor represents that your use of the NDI Elements will not infringe rights of third parties. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Website are registered and unregistered marks of Tickets.com or are otherwise used in accordance with applicable law. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without Tickets.com's written permission. Your use of the Trademarks displayed on this Website, except as provided in these Terms of Use, is strictly prohibited. Tickets.com will aggressively enforce its intellectual property rights to the fullest extent of the law.
· Disclaimers, Limitation of Liability, Releases YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, IF ANY. NEITHER THE COMPANY, ITS PARENT COMPANY, VENDOR, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, REPRESENT OR WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OTHER THAN THOSE IN THIS TERMS OF USE DOCUMENTATION, OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE DISCLAIMERS CONTAINED IN THIS AGREEMENT APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ITS PARENT COMPANY IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND YOU ASSUME THE RISK OF INJURY FROM ANY OF THE FOREGOING. IN NO EVENT WILL THE COMPANY, ITS PARENT COMPANY, VENDOR, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT WILL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE COMPANY NOR ITS PARENT COMPANY, VENDOR, INFORMATION PROVIDERS, OR CONTENT PROVIDERS WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO ANY USER, OR FOR ANY CLAIMS OR LOSSES ARISING FROM USING THIS WEBSITE. NONE OF THE FOREGOING PARTIES WILL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. ANY LIABILITY THAT THE COMPANY, ITS PARENT COMPANY, VENDOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES MAY HAVE TO YOU UNDER ANY CIRCUMSTANCES WILL BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT EXPENDED BY YOU WITH US DURING THE TRANSACTION GIVING RISE TO THE CLAIM; OR (B) $100. IF YOU ARE A RESIDENT OF A STATE THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN THE FOREGOING PROVISION WILL NOT APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE THAT YOU MAY HAVE OR MAY IN THE FUTURE HAVE CLAIMS AGAINST THE COMPANY WHICH YOU DO NOT NOW KNOW OR SUSPECT TO EXIST IN YOUR FAVOR WHEN YOU AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND WHICH IF KNOWN, MIGHT MATERIALLY AFFECT YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU EXPRESSLY WAIVE ALL RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
· Equipment You will be responsible for obtaining and maintaining all telephones, Internet connections, computer hardware, and other equipment needed for access to and use of this Website and for any and all charges related thereto.
· Trademarks Tickets.com takes great care in the development and protection of its trademarks, service marks and logos and reserves all rights of ownership of its trademarks. Some of its trademarks and service marks include: Tickets.com™, ProVenue®, Replay Ticket Exchange®, and Tickets@Phone®. Nothing contained in this Website should be construed as granting by implication, estoppel, or otherwise, a license or right to use any trademarks displayed on this Website without the prior written permission of Tickets.com, LLC, or their respective owners.
· Copyright Compliance To ensure compliance with the Digital Millennium Copyright Act ("DMCA") Tickets.com will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance to the DMCA by providing Tickets.com with the following information in writing:
· identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
· identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Website (such as the URL(s) of the claimed infringing material);
· information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an 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;
· a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and
· your physical or electronic signature. Claims of infringement which include the above required information must be submitted via postal mail or email to:
Tickets.com, LLC Attn: Legal Department – Copyright Agent
2100 East Grand Ave Suite 600 El Segundo, California 90245
Telephone Number: (714) 327-5400
Email: legaldepartment@tickets.com
- Our Content A portion of the content for this Website is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on this Website by anyone other than our authorized spokespersons while acting in their official capacities.
· Breach Without limiting any other remedies that we may have available at law or in equity, upon our confirmation that you have breached any provision of this Agreement or the agreements referenced in this Agreement, we may, without notice, cancel any pending transactions you may have with us and restrict or deny your access to our Website and services, including any services we provide through channels other than the Internet. You acknowledge and agree that monetary damages may not be a sufficient remedy to the Company for a breach of this Agreement and you consent to injunctive or other equitable relief for any alleged breach.
· DISPUTE RESOLUTION (INCLUDING BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER; JURY TRIAL WAIVER) Please read this section carefully. It affects your legal rights. It provides for resolution of most, but not all, disputes arising out of or relating to this Agreement, through individual binding arbitration instead of in court. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery and appellate review are more limited. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration or litigation to the fullest extent permitted by applicable law. This section survives termination of the Agreement and the relationship between you and Company. For purposes of this Dispute Resolution Section, and unless stated otherwise, all references to "Company” incorporate and apply to Company, Its Parent Company, Vendor, or any person or entity involved in created, producing or maintaining this Website.
ARBITRATION (the "arbitration agreement")
1. Binding Arbitration. Any dispute or claim arising out of or relating to this Agreement (including all commercial transactions conducted through the Website), whether based in contract, tort, statute, fraud, misrepresentation, common law, or any other legal theory ("Dispute") will be resolved through binding individual arbitration, except for claims identified as Non-Arbitrable Claims below, or those filed in a small claims court that proceed on an individual (non-class, non-representative) basis. Whether a Dispute is within the jurisdictional limits of small claims court is for a small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide. Dispute shall include: (i) any dispute or claim that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising); (ii) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (iii) any dispute or claim that may arise after termination of this Agreement. Dispute, however, does not include any dispute or claim related to trademark or copyright infringement or any dispute or claim related to the alleged violation of your privacy rights or interests whether based in contract, tort, statute, fraud, misrepresentation, common law, rule, regulation, or any other legal theory, including but not limited to: (i) claims under the Video Privacy Protection Act and corresponding state video privacy laws; (ii) claims under the Federal Wiretap Act and other federal and state wiretapping laws; or (iii) any other alleged violation of your privacy rights or interests that is based on the use of technology, including, but not limited to, any code, software, software development kit, and/or application programming interface, on Website or use of that technology to allegedly intercept, record, collect, possess, procure, or disclose any information, including but not limited to personally identifiable information and video viewing behavior (without concession that any such claims, including those under video privacy or wiretapping laws, apply to Company) (collectively, "Non-Arbitrable Claims"). You understand and agree that Non-Arbitrable Claims may only be brought in a court of competent jurisdiction consistent with the remainder of this Agreement. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (i) issues that are reserved for a court in this Agreement; (ii) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (iii) issues that relate to arbitrability. This Agreement and this arbitration agreement do not prevent you from bringing a Dispute or Non-Arbitrable Claim to the attention of any government agency. You and Company agree that this Agreement evidences a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (and not state arbitration law).
2. Required Informal Resolution Process. You and Company agree to work together in an effort to informally resolve any Dispute or Non-Arbitrable Claim between us. The party raising the Dispute or Non-Arbitrable Claim must send the other a written notice within one year of the Dispute or Non-Arbitrable Claim arising that includes all of this information: (i) information sufficient to identify any transaction and account at issue; (ii) contact information (including name, address, telephone number, and email address); and (iii) a detailed description of the nature and basis of the Dispute or Non-Arbitrable Claim and the relief sought, including a calculation for it. The notice must be personally signed by the party raising the Dispute or Non-Arbitrable Claim (and their counsel, if represented). If you are the initiating party, you must send this notice to Tickets.com, LLC, Attn: General Counsel, 2100 East Grand Ave Suite 600, El Segundo, California 90245. If Company is the initiating party, we will send this notice to the most recent contact information we have for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree that the parties (and their counsel) will negotiate in good faith in an effort to informally resolve the Dispute or Non-Arbitrable Claim. The party receiving the notice may request a telephone settlement conference to aid in resolution. If such a conference is requested, you and a Company representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Required Informal Resolution Process ("Process") is a condition precedent to initiating a claim in arbitration or in litigation. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and no Dispute shall be filed with any court or arbitration tribunal prior to the resolution of the contested issue regarding the Process. The court shall have the authority to enforce this condition precedent to arbitration of any Dispute or litigation of any Non-Arbitrable Claim, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in connection with any Dispute in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process (a period of 60 days from receipt of a completed notice or until such time as agreed upon by the parties). You or we may commence arbitration if the Dispute is not resolved through this Process, or litigation in a court of competent jurisdiction if the Non-Arbitrable Claim is not resolved through this Process, consistent with the remainder of this Agreement.
3. Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the applicable rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (where appropriate) ("AAA Rules"), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). If you are submitting an arbitration demand, you shall send it to Tickets.com, LLC, Attn: General Counsel, 2100 East Grand Ave Suite 600, El Segundo, California 90245 and follow the AAA Rules for initiating arbitration. If Company is submitting an arbitration demand, we shall send it to the American Arbitration Association – Case Filing Services, 101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 and follow the AAA Rules for initiating arbitration. By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the Required Informal Dispute-Resolution Process contained in this Agreement and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would. Any in-person hearing will be held in New York County, New York, or at a location that is reasonably convenient to both parties. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory 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. To the fullest extent permitted by applicable law, you and Company agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce this Agreement as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. Judgment on any arbitration award may be entered in any court of competent jurisdiction. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
4. Costs of Arbitration/Fees.
a. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and Company agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
b. In the event that either party initiates a proceeding involving any Dispute other than in accordance with this Agreement’s Dispute Resolution provision, or initiates a proceeding involving a Dispute or Non-Arbitrable Claim other than in the Forum as defined in this Agreement, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this arbitration agreement and the Forum to which the parties have herein agreed.
5. Additional Procedures for Mass Arbitration. You and Company agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If 25 or more similar Disputes (including yours) are asserted against Company by the same or coordinated counsel or are otherwise coordinated ("Mass Arbitration"), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and the AAA's resources. If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
a. STAGE ONE: If at least 100 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Company shall each select 50 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator unless the parties agree otherwise. If a Claimant withdraws his or her Claim before the issuance of an arbitration award, another Claimant shall be selected by Company to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a former federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One).
b. STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Company shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes remaining, all shall proceed individually in Stage Two). Each side may seek to replace up to ten (10) arbitrators with new arbitrators, and up to five (5) Disputes may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a Claimant withdraws his or her Claim before the issuance of an arbitration award, another Claimant shall be selected by Company to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a former federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two).
c. If the remaining Disputes are not resolved after completing Stage Two, you and Company may, separately or by agreement, opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction consistent with this Agreement. You also may individually opt out of arbitration by providing your individual, personally signed notice of your intention to opt out to Company via email to legaldepartment@tickets.com within thirty (30) days after the conclusion of the second global mediation session. Company may opt your Dispute out of arbitration by sending an individual, personally signed notice of its intention to opt out to you or your counsel via email within fifteen (15) days following the conclusion of your thirty (30) day opt-out period.
d. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process.
e. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.
- Class Action Waiver; Jury Trial Waiver YOU AND COMPANY AND/OR VENDOR 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 COMPANY AND/OR VENDOR 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 COMPANY AND/OR VENDOR 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.
· Choice of Law and Venue Any and all Disputes and Non-Arbitrable Claims arising out of or related to this Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of New York, without regard to conflict of laws principles. If the arbitration agreement is ever deemed unenforceable or void, or a dispute or claim between the parties is not subject to arbitration (including any Non-Arbitrable Claim), or for any action that seeks to enforce or challenge the enforceability of the arbitration agreement or any provision of the Agreement, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in New York County, New York (the "Forum") for purposes of any legal action and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.
· Indemnification You agree that you will, at your expense, indemnify, defend, settle, and hold the Company, its parent company, Vendor, and their respective directors, officers, shareholders, employees, agents (collectively, the “Indemnified Parties”), and assigns harmless from and against all claims and expenses, including attorneys' fees, arising out of your use of this Website, including but not limited to any use of this Website that is not authorized by this Agreement. In addition you will pay any judgment awarded against any Indemnified Parties or any settlement agreed to by you, and any authorized expenses incurred by any Indemnified Parties. Each Indemnified Party reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the applicable Indemnified Parties in asserting any available defenses.
· Notices All notices regarding any matter pertaining to this Agreement, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by first class mail or courier, postage or air bill prepaid, and sent to: Tickets.com, LLC, 2100 East Grand Ave Suite 600, El Segundo, CA 90245, Attention: Legal Department. Notice will be deemed effective 3 days after deposit with the United States Postal Service or courier. In addition, the Company may provide notice to you by either email or by registered courier, sent to the physical or email address you provided to us during any transaction conducted with us. Notice will be deemed effective 24 hours after sending of an email (unless returned due to an invalid email address) or 3 days after mailing.
· Miscellaneous This Agreement, as updated from time to time, constitutes the entire agreement between us, with respect to the terms and conditions of use of this Website and supersedes all previous written or oral agreements between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The section headings in this Agreement are for reference purposes only and in no way limit or describe the scope of a particular section. Our failure to enforce any breach of this Agreement by you or others does not constitute a waiver of our right to enforce the terms of this Agreement in the future for a similar breach.
· Attention: California Users Section 1789.3 of the California Civil Code (the "Electronic Commerce Act of 1984" California Civil Code, Section 1789.1, et seq.) requires us to inform you that you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Sacramento, California 95834 or by telephone at (916) 445-1254, or (800) 952-5210, in order to resolve any complaint regarding a service provided to you through this Website or to receive further information regarding the use of such services.
· Mobile We currently provide our mobile services for free, but your carrier's normal rates and fees, such as mobile access, data and text messaging fees, may still apply.
· Contact Please report any violations of these Terms of Use by contacting Tickets.com, Attn: Tickets.com, LLC, 2100 East Grand Ave Suite 600, El Segundo, CA 90245, Attention: Legal Department. Questions about the Terms of Use may be directed to websupport@tickets.com. Questions about ticket purchases through the Website can be directed to customersupport@tickets.com
LAST UPDATED: APRIL 2, 2025