Flashseats.com (the "website") is an electronic
marketplace that allows persons holding rights to enter events (e.g.
professional sports games, concerts, etc.), to park during events and/or to
access concessions during events (individually or collectively,
"Rights"), and to sell or transfer such Rights to other persons.
Holders of Right(s), whether they are the original holder, a transferee or a
purchaser, may redeem such Right(s) at the venue of the event for which they
hold Rights. To redeem the Right(s), the holder will scan a credit card and/or state issued identification card that they have previously registered on our website when they enter the venue. The holder
will then be able to enter the event, park and/or purchase a preset dollar
value of concessions, depending upon the type of Right that they are redeeming.
Our technology that enables this process is patented under U.S. Patent No.
6,496,809 and/or other pending patents.
The following describes the terms and conditions under which
the services of this website are provided to consumers (collectively, this
"Agreement"). By entering this
website and using any service provided by this website including, but not
limited to, viewing any of its content or purchasing any tickets or
merchandise, you agree to be bound by this Agreement, by the terms of our
Privacy Policy and by the terms and conditions specific to the venue/event, all of which are part of the Agreement.
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 the specific terms and conditions for each event and/or venue for
which you hold Right(s) as you read this Agreement. We may, in our sole discretion, change this
Agreement at any time by updating this web page. You are bound by all such modifications, and
it is your responsibility to review this Agreement on a regular basis. Your continued use of Flash Seats’ website
constitutes your agreement to all such terms, conditions and notices. All uses
of the words "us," "we," "our," "the
Company" or "Flash Seats" are references to Flash Seats, LLC.
Prohibited Uses
You are prohibited from doing any act that has the effect of
undermining the integrity of our system, our services and the method by which
we provide services to users.
You are prohibited from selling or offering for sale your
Right(s) through another publicly available marketplace, whether or not
electronic or accessible through the Internet. Any use of our website to
facilitate the sale of Right(s) through another publicly available marketplace
may result in any or all of the following: (i) cancellation of the transfer or
sale transaction conducted on our website; (ii) a charge of our sales fee
(defined below), calculated with respect to the full sales price of such
Right(s) sold or transferred, assessed against the seller/transferor of such
Right(s) (such sales fee will be charged to the credit card on file for the
seller/transferor twenty-four (24) hours after we provide notice of the
assessment of such charge to such person via email); (iii) revocation of the
seller/transferor’s rights to use our website and any or all of our other
services; and (iv) revocation of such sold or transferred Right(s) by the
event/venue.
You are prohibited from establishing any deep link or other
connection to any specific page or pages of this website other than the Home
Page, without our express written consent.
You may not use any Flash Seats logo, trademark or other proprietary
graphic as part of the link except the words "Flash Seats" without
our express written consent. 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, gives rise to
civil liability or otherwise violates any law; (iv) creates or attempts to
create any liability of Flash Seats; (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 ISPs, suppliers and
vendors. Any conduct by you that we determine in our sole discretion restricts
or inhibits any other consumer from using or enjoying this website is expressly
prohibited.
You are prohibited from downloading or copying any content
displayed on this website for purposes other than preserving information for
your personal use, without our express prior written consent.
We grant you a limited license to make personal use only of
our website. Such grant does not
include, without limitation: (a) any commercial use of the website or content
therein; (b) derivative uses of our website and its contents; (c) use of any
data mining, robots or similar data gathering and extraction methods or (d)
reproduction, copying or redistribution for commercial purposes of any
materials or design elements of our website.
Except as noted above, you are not conveyed any right or license by
implication, estoppel or otherwise in or under any patent, trademark, copyright
or proprietary right of Flash Seats or any third party. Use of the content or materials for any purpose
not expressly permitted in this Agreement is prohibited. We reserve the right,
without notice and in our sole discretion, to terminate your license to use our
website and to block or prevent future access to and use of our website.
Your Account
If you use this website, you are entirely responsible for
maintaining the confidentiality of your account, your password, your security
questions and answers thereto and for restricting access to your account.
Further, you are entirely responsible for any
and all activities that occur under your account and/or password. We shall not be responsible for any
unauthorized use of your account and/or password. You may not use anyone else’s account at any
time without the permission of the account holder.
Without limiting the generality of the preceding paragraph,
as a seller of Rights, you agree never
to specify or include any of the following within the seller comments area of
ticket listings:
- Personally identifiable information (including, but not limited to, your name,
business name, street address, phone numbers, or email addresses);
- Offensive, profane or abusive information or remarks;
- Obscene, indecent, pornographic or unlawful information or remarks;
- Libelous, slanderous, defamatory, or infringing information or remarks;
- JavaScript or any other scripting language; or
- HTML or HTML tags.
We reserve the right to refuse service, terminate accounts
and remove or edit content in our sole discretion.
Browsing the website
There is no fee for accessing this website and viewing our content and the content of third parties that we display.
Transferring Your Right(s)
Flash Seats Transfer fees may vary by event and venue. Please consult the seller fee schedule found within each event and venue’s branded area. Our purchase fees may apply to you if you as a transferor, are transferring Right(s) pursuant to a sale of such Right(s) through another publicly available marketplace. Our sales fee (defined within each event and venue’s branded area) will be assessed against the seller/transferor of any Right(s) that are sold or offered for sale on another publicly available marketplace. Our sales fee will be charged as provided under Prohibited Uses to the credit card on file for the transferor.
Selling Your Right(s)
Flash Seats Seller fees may vary by event and venue. Please consult the seller fee schedule found within each event and venue’s branded area.
You may as a seller, agree in advance to assume the buyer’s fees. Our sales fee (defined within each event and venue’s branded area) will be assessed against you the seller of any Right(s) that are sold or offered for sale.
Purchasing Right(s)
If you decide to purchase Right(s) or merchandise, you agree
to pay, in addition to the price for the Right(s) or merchandise, other fees
and charges that we impose, such as convenience fees, processing fees, shipping
and handling fees and other miscellaneous fees.
Flash Seats sales fees may vary by event and venue. Please
consult the buyer fee schedule found within each event and venue’s branded
area.
However, we reserve the right to increase or decrease this
fee at any time without advance notice for future transactions.
With regard to merchandise, the amount of
each fee will vary, depending on the merchandise you purchased and the method
you select to receive your merchandise.
There are no shipping fees for Right(s) purchased.
Fees and charges including, but not limited
to, charges for issuance, convenience, handling, processing, shipping, delivery
(including, but not limited to, charges for 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.
We do not review, nor do we warrant or guarantee, the
accuracy of any information provided by sellers of Rights in the seller
comments areas of ticket listings. You
should base your purchase decision solely on the information indicated by the
Section, Row and Seat Number in the listing.
You are urged to review all pages displayed during your
completion of a purchase or placing of a bid (when you place a bid you agree to
purchase the Right(s) that you bid on if the seller of such Right(s) accepts
your bid). All fees and charges relating to your transaction will be disclosed
to you during the purchase and/or bidding process.
If you do not agree to pay the fees or
charges associated with your purchase and/or bid, you may cancel your
transaction prior to completing it. All
completed transactions are final, so please be sure that you have selected the
proper event and Right(s) relating to such event prior to completing your
purchase.
Transactional Considerations
All scheduled actions including, but not limited to, listing
expirations and bid expirations will be processed approximately at the date and
time specified as indicated by the Flash Seats system clock. You acknowledge
and accept that actual processing time may vary by seconds or in unusual cases,
by minutes, from the exact time specified.
Our system will automatically complete a sale if it receives
any valid offer for any listing that remains in effect. Listings will be deemed
to be in effect from the time our system processes the listing action until the
earlier of (i) the time our system processes the expiration of the listing or
(ii) the time our system completes the processing of a retraction action for
that listing.
Listings and bids are not considered retracted until they
have been processed and a system confirmation has been issued.
We have the right to cancel a transaction and return the
Right(s) to the person who held the Right(s) prior to the completion of the
transaction in certain circumstances, including but not limited to:
- If a venue revokes any Right(s),listings and bids concerning such Right(s) will be cancelled;
- If an event is cancelled (without being rescheduled), listings for Right(s) to such event will be terminated;
- If buyer’s credit card company does not remit payment, the transaction will be cancelled;
- If a buyer, seller or transferee breaches the terms of this Agreement, we may, in our discretion, cancel any listing, bid, ask, transfer and/or pending transaction associated with such buyer, seller or transferee;
- If we deem, in our sole discretion, that a listing, bid, ask, transfer and/or transaction violates the law, this Agreement or the terms and conditions or other rules of the subject venue, we may cancel such listing, bid, ask, transfer and/or transaction.
- If the seating and/or parking Rights to an event are limited as described in Limits on Seating and Parking Rights, and you have already purchased the number of seating and/or parking Rights allowed to be purchased per person, we may cancel any of your bids and/or pending transactions relating to similar parking and/or seating Right.
- If there is an error in the pricing of a Right or when a Right is offered for sale through our marketplace, we may cancel any listing, bid, ask, transfer and/or transaction all as more fully described in Pricing and Other Errors.
If we cancel a transaction because the buyer fails to remit
payment (failure to pay, invalid credit card, stolen credit card) we are only
obligated to return the Right(s) associated with such cancelled transaction to
the seller.
Charges to your Credit Card
If you feel that a charge has been made to your credit card
in error, call our helpline or email our customer service department at customerservice@flashseats.com.
Helpline
Our helpline number is 1-888-320-7328. Our helpline is
available to all of our current and potential customers. Our helpline allows
current and potential customers to manage/set-up their account information in
any way that is permitted by our website. To access our helpline services, current
customers must provide specific personally identifiable information that
matches the current information in the account.
Right to Act on Instructions by Others
We and designated personnel of the venues associated with an
event, event producers and/or event promoters are authorized to perform any
action on your behalf that you could otherwise perform if instructed by someone
in possession of your account authorization information. You agree that we may
perform these actions, including, but not limited to, addition or correction of
account profile information, addition of additional forms of electronic
identification to your account, transferring Right(s) to others, listing
Right(s) for sale, informing the caller of the status and amount of bids on
your existing listings and/or accepting bids for Right(s), making bids for Right(s), and/or purchasing Right(s).
Event Cancellations/Postponements
If you hold Right(s) to an event that is postponed or
cancelled, you should contact the venue directly to obtain information about
postponed dates of the event and whether there is an applicable refund.
Refund policies vary by venue and event; by
purchasing a Right, you agree to the refund policy of the associated venue and
event.
In the unlikely circumstance of event cancellation, venue event cancellation policies may require that you refund your proceeds from secondary sales to the Buyer. Flash Seats reserves the right to charge your account balance and/or credit card any amounts necessary to provide refunds for seats purchased and re-sold to another party. You agree to authorize said charges and to pay in full.
Limits on Seating and Parking Rights
In an effort to give all interested customers an opportunity
to purchase seating and/or parking Rights for an event, venues and promoters
often set limits on the number of seating and/or parking Rights one customer or
household is allowed to purchase. You will be advised of any limits on such
Rights by a posting on the "Buy" page for the event, or by a system
limitation on the number of Rights you may purchase during your online session.
Rights purchased for an event during multiple online sessions on our website may
be totaled to ensure that any venue- or promoter-imposed limitations are not
exceeded. If you exceed these limits, your orders may not be fulfilled.
Availability of Rights
The availability of seating and/or parking Rights are
subject to change. We may act as a sales agent for event promoters, event
producers and/or venues. We do not control the number of seating and/or parking
Rights or the location of seats or parking spaces that are made available for
purchase. Sometimes event promoters, event producers and/or venues release
additional seating Rights even after Rights to attend the event have gone on
sale. Seating and/or parking Rights are also "locked" (not available)
for a short time while customers complete their purchase.
If a customer does not complete his/her
purchase, previously locked seating and/or parking Rights are released and made
available for purchase. For these reasons and others, the seating and/or
parking Rights available for a given event can and do change rapidly. If you
are unable to find seating and/or parking Rights to any event, please check
back again. Once your purchase has been completed, we will not exchange or
refund your order, even if additional seating and/or parking Rights become
available at a later date.
Pricing and Other Errors
If the amount that you pay for a Right is obviously
incorrect, regardless of whether it is an error in a price posted on this
website or otherwise communicated to you, or you are able to order Rights
before their scheduled on-sale date, then we reserve the right, at our sole
discretion, to cancel your order and refund to you the amount that you paid.
This policy will apply regardless of how the error occurred.
Resale of Right(s)
We permit resale of Right(s) to events (including sporting
events, concerts and plays) using our marketplace to the fullest extent
permitted by law. If you sell or transfer Right(s), you are responsible for
ensuring that your transactions do not violate any applicable law.
Additionally, you agree to comply with these terms and conditions and all
applicable state and local laws, statutes, ordinances and regulations regarding
the use or our service, listing of Right(s) for sale, solicitation of offers
for purchase and the resell of Right(s). You also agree that you are
responsible, as a seller of Right(s), for paying all taxes associated with your
sale of Right(s) through our website.
Venue/Event Specific Terms and Conditions
By purchasing or accepting Right(s) to an event, you agree
to be bound by the terms and conditions and other rules of the specific event
and the venue where the specific event is being held. Links to venue and/or
event terms and conditions that are specific to use of Right(s) to such events
or at such venues can be found within each event and venue’s branded area. We
recommend that you review the official terms and conditions and other rules of
each event and venue to which you hold Right(s), as may be available directly
from the event or venue.
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 Flash Seats through framing or other means. Any content,
product or service provided by other websites is subject to the control of such
third parties and not Flash Seats. Our
inclusion of such a link does not constitute our endorsement of such website or
imply an affiliation with Flash Seats. Your access to and use of any other website is subject to the applicable
user agreements of that website. You
agree that we are not responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with your use
of or reliance on such content, goods or services available on or through such
website. We reserve the exclusive right
and sole discretion to add, decline or remove, without notice, any icon or link
to another website.
Electronic Communications
When you purchase and/or bid for Right(s) or merchandise
from us or through our website, 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 agreed to
purchase 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.
When you purchase and/or bid for Right(s) or merchandise
from us or through our website, or when you become a registered user with us,
you agree that you have established a business or personal relationship with
Flash Seats and you consent to receive email notices or advertisements from us
and/or our clients 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 (or email us at unsubscribe@flashseats.com with
"Unsubscribe" in the subject line).
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 Flash Seats 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.
Intellectual Property
This website contains proprietary material and information
including, without limitation, the "look and feel" of the
website. All design, text, software,
images, trade names, logos and other information presented on this website are
protected under United States and other copyright laws and are owned by Flash
Seats or are used under license from the owner of the respective intellectual
property rights. In addition, the entire
contents of this website are copyrighted as a collective work/compilation.
Flash Seats owns copyrights in the selection,
coordination, arrangement and enhancement of such content, as well as in the
content original to it. You may not
modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in
part. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be permitted
without our written permission (and the copyright owner if other than Flash
Seats). If you are given permission to copy, redistribute or publish
copyrighted material, you may not delete author attribution, trademark legends
or copyright notices. You acknowledge
that you do not acquire any ownership rights by downloading copyrighted
material.
Digital Millennium Copyright Act
We are committed to complying with U.S. copyright law and
expect all end users who access our website, including registered users and
visitors, to do the same. The Digital
Millennium Copyright Act of 1998 ("DMCA") provides recourse for
owners of copyrighted material who believe that their rights under U.S.
copyright law have been infringed on the Internet. Under the DMCA, copyright owners may contact
the authorized agent of an Internet service provider to report alleged infringements
of their protected works appearing on web pages hosted by the service
provider. Upon receipt of a properly
filed complaint satisfying the requirements of the DMCA, we will remove or
block access to the allegedly infringing material. If a person believes in good faith that a
notice of copyright infringement has been wrongly filed, such person may submit
a counter-notice to us.
If you believe that your copyrights have been infringed, or
if a notice of copyright infringement has been filed against you, you should
seek advice of legal counsel. We are
providing the following information to you for informational purposes only.
Notification of Claimed Copyright Infringement
If you believe that a web page hosted by Flash Seats is
violating your rights under U.S. copyright law, you may file a complaint in
respect thereof with our designated agent in the manner described below.
By Mail:
Client Services
Flash Seats, LLC,
1500 West 3rd Street, Suite 500
Cleveland, OH 44113
By Telephone:
216-466-8082
By Email:
dmca@flashseats.com
For your complaint to be valid under the DMCA, you must
provide the following information when providing notice of the claimed
copyright infringement:
1. A physical or electronic signature of a person authorized to act on behalf of the copyright
owner;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of the
infringing activity and that is to be removed or access to which is to be
disabled, as well as information reasonably sufficient to permit us to locate
the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number and, if available, an electronic mail address;
5. A statement that the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
See 17 U.S.C. § 512(c)(3) for more details.
You should be aware that, under the DMCA, claimants who make
misrepresentations concerning copyright infringement may be liable for damages
incurred as a result of the removal or blocking of the wrongfully accused
material, court costs, and attorneys’ fees.
Counter-Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against
you, you may file a counter-notification with Flash Seats’ designated agent at
the address listed above. Such
counter-notification must contain the following information:
1. a physical or electronic signature;
2. identification of the material that has been removed or to which access has been disabled and
the location at which the material appeared before it was removed or access to
it was disabled;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a
result of a mistake or misidentification; and
4. our name, address, and telephone number, and a statement that you consent to the jurisdiction
of the federal district court for the federal district in which you are
located, and that you will accept service of process from the complainant.
If we receive a valid counter-notification, the DMCA provides that the removed material will be restored or access re-enabled.
You should be aware that U.S. copyright law provides substantial penalties for a false counter-notice filed in response to a notice
of copyright infringement.
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 transaction you may have with us, charge you
the sales fee associated with the canceled transaction and restrict or deny
your access to our website and services, including any services that we provide
through channels other than the Internet.
Termination
You agree that we may, under certain circumstances and
without prior notice, immediately terminate your Flash Seats account. Cause for
such termination shall include, but not be limited to, (a) breaches or
violations of this Agreement, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification of the website, (e) unexpected
technical or security issues or problems, (f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or (h)
nonpayment of any fees owed by you in connection with the services provided by
us. Termination of your Flash Seats account includes (a) deletion of your
password and all related information, files and content associated with or
inside your account (or any part thereof), and (b) barring of further use of
the service provided by us. Further, you agree that all terminations for cause
shall be made in our sole discretion and that we shall not be liable to you or
any third party for any termination of your account or access to the services
provided by us.
Binding Arbitration
Any dispute relating to or arising from your purchase of or
bid for any Right(s) or merchandise through this website, or arising under this
Agreement in which money damages are being sought, will be resolved by binding
arbitration conducted in accordance with the Commercial Rules of the American
Arbitration Association. To the extent
practicable, hearings will be conducted via telephone or other electronic means
intended to facilitate a forum in which a hearing may be had. Any in-person arbitration proceeding will
take place in Cleveland, Ohio. Upon
conclusion of the arbitration, any court having jurisdiction over the matter
may enter judgment on any award issued in arbitration.
No Warranties
THIS WEBSITE AND ALL OTHER WEBSITES HOSTED BY FLASH SEATS
AND THE CONTENT CONTAINED HEREIN AND THEREIN ARE PROVIDED BY US ON AN "AS
IS" BASIS. FLASH SEATS MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATIONS OF THE FLASH SEATS WEBSITES, OR THE CONTENT, PRODUCTS AND/OR
SERVICES INCLUDED THEREIN. Access to our system, whether by users or potential
buyers, sellers or transferees, is dependent on the Internet. We do not have
any control over the Internet and thus cannot guarantee your ability to access
at any particular time or times to our services, your specific user account or
our marketplace. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FLASH
SEATS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND/OR INFRINGEMENT.
Limitation of Liability
FLASH SEATS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR
UNDER ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR OTHER DATA OR OTHERWISE, THAT MAY BE SUFFERED BY YOU OR ANY
OTHER USER OF THE FLASH SEATS WEBSITES IN CONNECTION WITH OR AS A RESULT OF THE
USE, INABILITY TO USE OR SLOW RESPONSE TIME OF THE FLASH SEATS WEBSITES, OR THE
LINKED WEBSITES, OR THE CONTENT, PRODUCTS AND/OR SERVICES INCLUDED THEREIN,
REGARDLESS OF HOW SUCH DAMAGES MAY ARISE, EVEN IF FLASH SEATS HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, YOU
SPECIFICALLY ACKNOWLEDGE THAT FLASH SEATS IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE, TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND YOU
ASSUME THE RISK OF INJURY FROM ANY OF THE FOREGOING.
ANY LIABILITY THAT FLASH SEATS OR ITS MEMBERS, OFFICERS,
DIRECTORS, AGENTS OR EMPLOYEES 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) ONE HUNDRED DOLLARS ($100).
Indemnification
You agree to save, defend, indemnify and hold Flash Seats
and its respective directors, officers, members, employees, agents 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.
Notices
Unless otherwise provided for herein, 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: Flash Seats, LLC,
1500 West 3rd Street, Suite 500, Cleveland, OH 44113, Attention: Legal
Department. Notice will be deemed effective three (3) days after deposit with
the United States Postal Service or
courier. In addition, Flash Seats may
provide notice to you by either email or Certified Mail, postage prepaid and
return receipt requested, sent to the physical or email address you provided us
during any transaction conducted with us. Notice will be deemed effective twenty-four (24) hours after the sending
of an email (unless returned due to an invalid email address) or three (3) days
after mailing.
General
This Agreement is to be construed in accordance with the
laws of the State of Ohio, without regard to its conflict of laws provisions
and you hereby expressly and irrevocably consent to the personal jurisdiction
and venue of the State and Federal courts sitting in Cuyahoga County. 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 mean that we have waived our right to enforce the terms of this
Agreement in the future for a similar breach.