Ticket Purchase – Policy & Terms
Introduction. Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of this website (the “Site”) which is owned and operated by Buffalo Niagara Deaf Events LLC (the “Company”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use this Site or any ticket sales or purchasing services offered by this Site. These Terms and Conditions are effective as of May 25, 2017.
2. Binding Agreement. By using this Site, you accept these Terms and Conditions (as they may be amended from time to time by the Company) and agree that they form a binding agreement (the “Agreement”) between you and the Company. You represent that: (i) you are legally able to enter into this binding contract; (ii) if you are under 18, that you are purchasing tickets under the supervision of a parent or guardian; and (iii) you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of this Site complies with these Terms and Conditions and all applicable laws.
We would like to emphasize the following key sales terms:
- All orders placed on this Site are considered requests until you receive confirmation of the availability of the tickets.
- All sales are final; there are no cancellations, returns, or exchanges.
- If an event is cancelled, you will be given next visit with same ticket. If an event is postponed or rescheduled, your order will not qualify for a refund and your tickets will be valid for the rescheduled date.
- Ticket prices may be above the “face value” listed on the ticket (they may also be below the “face value”).
- Confirmed orders may be filled with comparable or upgraded tickets.
- When you purchase a ticket, you receive a 100% Guarantee.
One Hundred Percent Guarantee. Our 100% Guarantee means that your transaction will be safe and secure, the tickets shall be delivered prior to the event, the tickets shall be identical, comparable, or better than the tickets you ordered, and the tickets shall be valid and authentic. Your only recourse under the 100% Guarantee is the return of any payment made in relation to the tickets.
Lost, Stolen, or Damaged Tickets. Please 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 the tickets. Please note that direct sunlight or heat can damage certain types of tickets.
Payment Options. As a buyer, you grant Vendor permission to charge your credit or debit card for the purchase of tickets. Visa, Mastercard, Discover, American Express are valid payment methods for purchasing tickets.
Ticket Holder Behavior Policy. You agree to abide by all rules and policies of the venue, promoter and anyone else responsible for putting on the event. Should you fail to abide by those rules and policies, you shall be subject to all applicable fines and legal or other expenses associated therewith. Further, should any violation result in the loss of the ticket seller’s season ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you shall be held liable for all reasonable costs, expenses and losses associated with said loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
Event Dates and Times. Event date, times, venue and subject matter may change. We are not always notified of such changes. It is your responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event. In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond our control. We shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation in the event such a change occurs.
Ticket Processing Services. A third-party vendor (“Vendor”) has a platform that it licenses to the Company and performs services related to your purchase. These services include, but are not limited to: (i) processing orders, (ii) verifying order details and confirming validity of payment information, (iii) charging your credit or debit card, and (iv) coordinating the delivery of purchased tickets. Vendor does not design or market the Site and its sole relationship with the Site owner is that of independent contractor. Vendor and Site shall collectively be referred to as “We” or “Our” within these Terms.
Refund Policy. All sales are final. NO REFUNDS ARE GIVEN.
No Warranty: THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability: NEITHER VENDOR NOR THE COMPANY NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO INDEMNIFIED PARTY SHALL HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF VENDOR OR THE SITE; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF SITE, VENDOR,, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event that 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 seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings. We may also mitigate our damages by relisting and selling the tickets that are the subject of the underlying payment dispute.
Indemnification. You agree to indemnify, defend and hold the Site and Vendor, and each of its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives (“Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of these Terms; (b) any allegation that any information you submit or transmit to the site infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of us; (d) your acts or omissions in connection with your use of this Site; and (e) any claim brought by a third-party (a “Third Party Claim”) against any of the Indemnified Parties in respect of which recovery may be sought under clauses (a) through (d) above. These indemnification provisions shall survive any termination of this Agreement.