AggielandTickets™ User Agreement
Welcome to AggielandTickets.com, LLC (AggielandTickets™). This User Agreement ('Agreement') describes the terms on which AggielandTickets™ offers you access to AggielandTickets.com (our 'Site') and AggielandTickets™ services, including but not limited to the services provided by our affiliates (collectively, 'Services').
This Agreement is a contract between you ('you', 'user', 'Buyer' or 'Seller') and AggielandTickets™ ('AggielandTickets™', 'we' or 'us'; as used in this Agreement, 'we' and 'us' may include affiliates such as fulfillment service affiliates) and applies to your entire relationship with AggielandTickets™ and all Services that AggielandTickets™ provides.
AggielandTickets™ is a ticket marketplace that allows fans to buy and sell tickets and related passes at prices they agree upon. AggielandTickets™ offers extensive access to sports and entertainment event tickets. AggielandTickets™ offers a ticket exchange that we know will appeal to the Aggie fan. This exchange is featured through the main page, www.AggielandTickets.com. Additionally, AggielandTickets™ offers an exchange of tickets to hundreds of other events nationwide. These services are accessible through our “Tickets” tab, linked from our main page (hereinafter, ‘Network Tickets’).
1.2 Seller Registration. Sellers must register their contact information which may include: address, telephone number, and email address. Sellers must also register a credit card. Sellers’ contact information will be authenticated with their credit card. Once registered, Sellers may list tickets for sale. After AggielandTickets™ authenticates Seller, Seller should receive a confirmation email with a link to activate Seller’s ticket listings.
1.3 Fees. It is free to register and list tickets on the Site, but AggielandTickets™ charges selling service fees for buying and selling tickets (collectively referred to as the 'Service Fees'), as well as shipping, delivery or fulfillment fees (collectively referred to as the 'Fees'). AggielandTickets™ does not charge for tickets, rather AggielandTickets™ charges Fees for operating a robust ticket marketplace, including costs of running the Site and other administrative services. Fees will be disclosed to you prior to purchasing or listing tickets for sale.
2. Buyer and Seller Obligations.
2.1 Responsibility for Account Information.
In order to list or buy tickets on AggielandTickets.com, you will need to establish a profile including an email address and password. You are solely responsible for maintaining your email and password securely and for all activity that occurs under your email address and password. Do not disclose your password to any other person. You must have a valid credit card on file with us. You are responsible for ensuring that all elements of your contact information, including your email address, mailing address, phone number, and credit card on file with us are accurate and current.
2.2 Seller’s Obligations.
(a) Accurate Ticket Listing. You agree to provide correct and accurate information about the tickets you list on the Site, including whether the tickets are in your physical possession ('In Hand') and, if not in your physical possession ('Not In Hand'), when you will be able to send them ('Expected Delivery Date'). You are responsible for fulfilling the sale of your tickets or related passes with the exact tickets you listed on the Site on or before the Expected Delivery Date. You may modify your ticket’s listing, including the Expected Delivery Date, without penalty provided that your tickets have not sold. Except for 'piggyback' seats (seats that are directly behind one another, are in two consecutive rows, and have the same number of seats in each row), you agree and understand that if you are listing more than one ticket for sale, the seats for the tickets you are listing must be together (together means consecutive and adjacent). If you are listing 'piggyback' seats then you are required to check the box designating the seats as 'piggyback' when you list them.
(b) Post-Sale Obligations. When a Seller’s tickets are sold, Seller should receive an email from AggielandTickets™ with a link asking Seller to confirm the sale within 24 hours. If Seller does not confirm the sale within 24 hours, AggielandTickets™ is authorized to cancel the sale. Once a sale is confirmed by Seller, Seller should receive an additional email with a link to a shipping label which Seller must use to ship tickets to Buyer. Seller shall ship tickets within 24hours of receiving the shipping label email. See Section 2.3 for additional shipping and delivery terms.
(c) Post-Sale Exceptions to the Ticket Listing. If, after Seller’s tickets are sold, Seller is unable to perform consistent with the listing (an ‘Exception’), then Seller shall communicate the circumstances of the Exception(s) immediately to: resolutions@AggielandTickets.com. Examples of ‘Exceptions’ may include that you no longer have the exact tickets you listed for sale, or you can no longer send your tickets on or before the Expected Delivery Date. AggielandTickets™ will work with the Buyer and Seller to resolve the exception. In the case of Seller failing to perform consistent with the listing, Seller acknowledges that Seller may be subject to a replacement fee, other charges, and/or cancel the sale without further notice to you and not pay you for that sale. Additionally, AggielandTickets™ may, in its sole discretion, reserves the right, in its sole discretion, to issue you a warning, or temporarily or permanently suspend you from using the Site.
(d) Event Cancellations. Seller assumes the risk of event cancellations. If an event is cancelled, Seller should remove the listing immediately. AggielandTickets™ reserves the right to cancel listings if it believes that an event has been, or will be, canceled. If Seller has sold tickets to an event that is cancelled, we'll cancel the sale and you won't be paid. If you had already been paid for the sale, we'll charge your credit card for the amount you received for the original sale.
(e) Event Postponement. If you sold tickets to an event that is postponed or rescheduled, you aren't permitted to resell those or in any way invalidate or change a ticket you sold to the postponed or rescheduled event. If you do, you agree that AggielandTickets™ may charge your credit card for any costs AggielandTickets™ incurs and/or you may be subject to other Remedies as further specified in Section 5 'Remedies'.
(f) Payments to Sellers. Generally, Sellers will be sent payments within seven (7) to ten (10) business days following confirmation of the Buyer's receipt of tickets or related passes. Payment receipt times will vary depending on the credit card chosen by the Seller.
2.2 Buyer Obligations. When a Buyer places an order, the Buyer is entering into a binding contract with the Seller to purchase those tickets or related passes. At the time the order is placed, we obtain an authorization from the Buyer's credit card for the price of the tickets or related passes, Fees and any taxes, when identified, (the 'Total'). In most cases, the charge for the Total will be applied to the credit card within forty-eight (48) hours of order placement. The Total is remitted to AggielandTickets™, and the price paid for the tickets is disbursed to the Seller according to our payment policy. Although an authorization is not a charge, credit card and debit card issuers may place a hold on funds when we obtain an authorization. Please contact your financial institution to better understand their policies. In all cases, we are not responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Buyer's credit card when the Buyer places orders.
2.3 Delivery & Shipping. Once a sale is confirmed by Seller, Seller shall ship tickets within 24hours of receiving the shipping label email. Unless you have placed an order for digital tickets or alternate delivery arrangements have been made regarding your order (see Digital Delivery & Alternate Delivery below), all orders are shipped via FedEx. Once Seller confirms the sale, Buyer will receive an email confirming the sale and including the expected shipping date, expected delivery date and shipment’s tracking number. If Buyer has not received tickets within 2-3 days of the event, it is Buyer’s responsibility to contact resolutions@AggielandTickets.com. You agree to provide us with a secure delivery location and authorize someone at that address to act as your agent in your absence to accept delivery of the package. FedEx will not deliver to a P.O. Box. If you provide a delivery location other than your credit card billing location, Buyer is responsible for that delivery and the tickets once delivered to the address you specify. Seller has fulfilled Seller’s obligation when tickets are shipped to the address provided by the customer. Neither Seller, nor AggielandTickets’™ is responsible for any incorrect addresses provided by the customer for the package being returned to Buyer due to the client not being available to sign for the package at time of delivery.
Buyer’s refusal of the delivery does not entitle Buyer to a refund. Buyer agrees to be responsible for all ordered tickets where an attempt has been made to deliver them or make them available to you. Upon receipt of an order, Buyer should open the package immediately and verify the accuracy of its contents as it pertains to your event. If there are any discrepancies, you must contact us immediately at resolutions@AggielandTickets.com.
2.4 Network Tickets. Tickets purchased through the “Tickets” tab will be fulfilled by one of our network of participating ticket sellers. Contact information for these sellers (hereinafter known as "Fulfiller") will be provided to Buyer upon completion of the purchase process.
(a) Sales Final. Since tickets are a one-of-a-kind item and not replaceable, there are no refunds, exchanges, or cancellations. If an event is postponed or rescheduled, Network Tickets will be honored for the rescheduled date. New tickets will not need to be issued. If an event is cancelled without a rescheduled date, Buyer will need to contact Fulfiller for a refund. Fulfiller may require Buyer to return the supplied tickets at Buyer’s expense before receiving any refund Buyer is entitled to due to cancellation. AggielandTickets™ is not responsible for providing or securing this refund for Buyer. Any shipping and handling charges are not refundable. Refunds will be processed in the same currency as the original order. Both AggielandTickets™ and Fulfiller do not cover conversion charges, including though not exhaustive of the ones issued by Buyer’s bank, if any. Neither us nor Fulfiller will issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. When Buyer receives tickets, Buyer should keep them in a safe place.
(b) Pricing. All prices are in United States Dollars (USD) unless otherwise specifically stated. AggielandTickets™ cannot confirm the price of an item until after an order is completed by Buyer. Despite SITE'S best efforts, a small number of the items listed on the SITE may be priced incorrectly. If Fulfiller discovers an item's correct price is higher than the stated price, Fulfiller will either complete the order at the original price, contact Buyer to inform Buyer of different price with an option to purchase, or cancel Buyer’s order and notify Buyer of such cancellation. The price charged to Buyer’s credit card beyond the price of the individual tickets may include service fees and/or delivery fees. The total price stated is the entire amount charged to Buyer, including each ticket's price as set by Fulfiller, Service Fee, and Delivery.
(c) Taxes. Prices stated by AggielandTickets™ do not include any state or other local taxes that may apply to Buyer’s order. TICKET SELLERS may collect sales tax as is appropriate for their locality. If taxes are applicable to Buyer’s order they will be added to Buyer’s order as a separate charge in addition to the total.
(d) Credit Card Charges. Fulfiller and not AggielandTickets™ will charge Buyer’s credit card. If Buyer has any questions about charges on Buyer’s credit card statement, Buyer should contact AggielandTickets™ at resolutions@AggielandTickets.com or direct Buyer’s question to Fulfiller. Fulfiller may charge or authorize Buyer’s credit card in advance of confirming ticket availability. If tickets are ultimately found to be unavailable, Buyer’s credit card will not be charged or Buyer will receive a full refund for the charged amount.
(e) Payment by Debit Card. In some cases, Fulfiller may attempt to authorize a debit card multiple times, creating several holds on Buyer’s account. This often happens when a third-party credit card processing company requires additional security verification such as a CVV, Zip Code, or address, or when USER'S information is incorrectly provided or mistyped initially. Though Fulfiller will only clear Buyer’s transaction once, the hold(s) will temporarily lower Buyer’s available balance. Any hold(s) may take up to several days to clear.
(f) Disputed Charges. Buyer is responsible for any and all legal fees incurred by Buyer, Fulfiller, and/or AggielandTickets™ associated with Buyer’s disputed charges and chargebacks for purchases made on AggielandTickets™. In no event will AggielandTickets™ or Fulfiller be responsible for such legal fees.
(g) Event Listings. AggielandTickets™ does not guarantee the accuracy of event information on AggielandTickets™ including but not limited to event name, event location or venue, event start time, or event date.
(h) Shipping. All Network Tickets are shipped to Buyer using the delivery method chosen for the order. Network Tickets may not always be available for immediate delivery, particularly in cases when the tickets have been purchased far in advance of the event in question or for certain events including but not limited to the following: all off-season orders for professional sporting leagues, concerts, and Las Vegas events tickets. While most tickets are delivered within three business days via the delivery method chosen, this does not imply a guaranteed delivery date. In these situations tickets may be marked with an estimated ship date. USER will be provided with account access information that will allow USER to view the status of USER'S order and tracking information, if available, after purchase. In the case where tracking information is not available USER may contact a representative of FULFILLER for shipment information or an estimated delivery date. Tickets will be shipped when available, and choice of an expedited delivery method does not guarantee that tickets will be shipped immediately. USER should check the order notes for the estimated delivery date.
(i) International Shipping. If USER is located outside of the United States, USER must choose an international delivery option. If a domestic shipping option is chosen for an order to be shipped outside the United States, the shipping cost will be adjusted by FULFILLER after the order is placed to use the international rate.
(j) Delivery Verification. If USER specifies a shipping address that does not allow for Delivery Verification, such as a Post Office Box, USER may be required to pay an additional fee to cover the additional risks associated with this type of order. If such a shipping address is used, FULFILLER will, at FULFILLER'S discretion, either contact USER about the additional fee prior to shipping or cancel USER'S order and notify USER of such cancellation.
(k) E-Ticket Instant Download. Electronic tickets or "e-tickets" marked as "Instant" may not be available for immediate download in all circumstances. Due to potential fraud concerns, some "Instant" e-ticket purchases may be downgraded to regular e-ticket download to allow for additional processing. In such cases, USER will receive notification with USER'S receipt explaining that USER'S order has been downgraded to regular e-ticket download.
(l) E-Ticket Download. Electronic tickets or "e-tickets" may not be available for immediate download. After placing an order, USER will receive an email with instructions on how to download the tickets; therefore, it is important that USER provides accurate email address information during the order process. The USER will be required to enter order specific credentials to gain access to the tickets, and USER must have access to a printer from which to print the tickets. USER is responsible for contacting Customer Support should USER not receive the email instructions, be unable to download the tickets, or be unable to print the tickets. Neither SITE nor FULFILLER will issue refunds for USER'S failure to provide a correct email address or failure to print the tickets.
(m) Will-Call Option. USER must pick up the tickets at the box office of the venue approximately one hour before the scheduled start of the event. USER will need to bring a government-issued ID in order to claim the tickets. Should USER encounter a problem at the box office, USER must contact FULFILLER for assistance.
3. Obligations of AggielandTickets.
3.1 No Agency. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement, your use of the Site, or the provision of our Services.
3.2 Payment. AggielandTickets™ will issue checks to Buyers within 7 to 10 business days after tickets are received by Buyer.
We may share your telephone numbers with our service providers (such as fulfillment, billing, or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent.
3.5 Recording Calls. You understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by AggielandTickets™, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
3.6 Fraud Protection. In an effort to protect our Buyers and Sellers from fraud we may screen ticket sales or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of listings or sales and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your account or listing, in our sole discretion.
4. Prohibited Conduct. The following is a non-exclusive list of prohibited conduct:
4.1 Offline Transactions. You agree not to use the Site or the Services to (a) contact other AggielandTickets™ users, (b) invite contact with other AggielandTickets™ users, or (c) solicit sales outside of AggielandTickets™.
4.2 Inappropriate Behavior. You agree not to use abusive language or behave in an abusive manner to any AggielandTickets™ employee or user. You also agree to behave appropriately and in compliance with venue standards of conduct at events for which you have purchased tickets and related passes through use of our Site or our Services.
4.3 Illegal Activity. You agree not to use the Site or the Services for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and Services and the listing, selling, buying, and use of tickets and related passes. This includes, but is not limited to, laws pertaining to pricing your tickets. You acknowledge that AggielandTickets™ does not monitor or obtain the face value or total amount paid by the Seller of tickets listed on the Site. You agree not to use, or permit anyone to use, information provided through the Site or our Services for any unlawful or unauthorized purpose. The sale of stolen property on AggielandTickets™ is strictly forbidden and violates state, federal and international law. AggielandTickets™ strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on AggielandTickets™. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
You agree to pay any and all local, state, federal, or international taxes that may be due. You agree not to register under a false name or use an invalid or unauthorized payment method. You agree not to copy, modify, or distribute any content from the Site, including AggielandTicket’s copyrights and trademarks, and/or link to the Site without prior written permission of AggielandTickets™.
4.4 Double Posting and Removal of Tickets. To post a ticket or related pass for sale on the Site you must first register with the Site. Once a ticket or related pass is posted, we strongly discourage posting that ticket or related pass for sale elsewhere. If you do post your ticket or related pass for sale elsewhere and the ticket or related pass sells elsewhere or otherwise leaves your control after you list it, you must immediately remove your listing from AggielandTickets™.
4.5 Promotional Materials. Buyers' names and addresses are provided to Sellers for the sole purpose of shipping the specific purchased ticket(s) and may not be used by the Seller for any other purpose, either in connection with, or separately from, such shipment(s). Sellers agree not to include any promotional or other commercial material that is not provided or approved by AggielandTickets™ in their shipment to the Buyer. This includes, but is not limited to: material that announces a website or invites the Buyer to visit a website other than catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the Buyer at any time for any reason or represent to any Buyer that you are affiliated with or a representative of AggielandTickets™.
4.6 Misrepresentation of Tickets. You must accurately answer all questions asked during the listing for sale process, including whether the tickets or related passes are In Hand, and, if not In Hand, the Expected Delivery Date. You must not withhold any relevant information, whether or not we request it. Inaccurate presentation of the possession status of a ticket or pass, seat locations, quantity, quality, or other information is not allowed.
4.7 Speculative Tickets. We do not allow the listing or selling of speculative tickets or 'spec tickets'(tickets or related passes that the Seller does not yet actually own).
Additionally, you agree that you will not: (i) take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our Site or Services without the prior express written permission of AggielandTickets™ and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Site or Services or any activities conducted on or with our Site or Services; or (iv) or take any other measures we may use to prevent or restrict access to our Site or Services.
5.1 Investigations. We may investigate complaints, violations of our policies, and exceptions. You agree to cooperate fully with those investigations.
5.2 Violations. We may take any action that we deem appropriate in our sole discretion if: (a) you breach this Agreement or any additional policy; (b) you breach any representation or warranty you make under this Agreement; (c) you are unwilling to cooperate with our investigation of a complaint, reported violation, or Exception; (d) we're unable to verify or authenticate any information you provide; (e) you engage in an activity set forth in Section 4 of this Agreement; or (f) we believe your conduct may cause legal liability for you, for other users, or for AggielandTickets™. You agree that payments owed to you for sales made through this Site or through use of our Services may be suspended or delayed pending our investigation. AggielandTickets™ is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful, made in bad faith, or otherwise made in violation of this Agreement.
5.3 Consequences. In our sole discretion, consequences for any of the above-referenced violations may include, without limitation: issuing a warning, temporarily or permanently suspending you from using the Site, removing a listing, recommending you edit a listing, cancelling a sale, demanding that you send tickets to Buyer within a specified time, withholding a payment to you, or charging the credit card on file for costs we incur.
5.4 Disclosure of Information. You agree that AggielandTickets™ may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. AggielandTickets™ will also respond to all inquiries initiated by governmental agencies or as otherwise legally compelled.
5.5 Making Adjustments. If (a) a sale is cancelled for any reason; (b) you engage in an activity set forth in Section 4 of this Agreement; (c) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (d) subject to the exceptions set forth in Section 2.1(b),you aren't able to produce the exact seats that you listed on the Site or send the tickets or related passes on or before the Expected Delivery Date or you otherwise fail to fulfill the sale of your tickets or related passes; (e) you send incorrect, misrepresented, invalid, fraudulent or counterfeit tickets or related passes for any sale or portion of a sale; (f) you resell, invalidate or change a ticket or related pass to a postponed event as described in Section 2.1(d); or (g) you otherwise owe AggielandTickets™ a specific amount, then you authorize AggielandTickets™ to withhold payment or charge your credit card any amount you owe us and all costs AggielandTickets™ incurs due to your conduct, including but not limited to, a late shipment fee or late delivery fee, reprinting fee, shipping re-routing charges, the cost of replacement tickets or related passes, coupons, gift certificates, refunds, and other costs required to compensate the Buyer or Seller for his or her bad experience. We may also first deduct any amount you owe us from any amount we owe you. Closing of accounts or opening and maintaining more than one account does not alter your total liability to us, and we may combine amounts due to us from multiple accounts.
6. Intellectual Property
AggielandTickets.com is owned by AggielandTickets.com, LLC. All rights, title and interest in and to AggielandTickets.com are reserved by AggielandTickets.com, LLC. and its affiliates, agents or licensors, as applicable. All trademarks (including logos, service marks, trade names and icons), copyrights, patents, trade secrets, content, publicity rights and other intellectual property (collectively, the "Intellectual Property") are proprietary to AggielandTickets.com, LLC. and its affiliates, agents or licensors. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site or through our Services is strictly prohibited.
While AggielandTickets™ serves the Aggie community, AggielandTickets™ is not affiliated with, a licensee of, or sponsored by, Texas A&M University.
7.1 User Content. When providing us with text, and other materials or content ('User Content'), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up right and license to use, reproduce, distribute, sub-license, display, store, digitally perform, publish, make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe.
You agree that: (i) the rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content; (ii) AggielandTickets™ is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (iii) is under no obligation to post, display or otherwise use any User Content, (iv) has no obligation whatsoever to provide you any compensation for the use or display of your User Content or otherwise from the exercise of AggielandTickets™'s rights granted under this Section, even if AggielandTickets™ is compensated therefrom; (v) AggielandTickets™ has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (vi) AggielandTickets™ has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Site or our Services properly, to protect ourselves and third parties, and to comply with legal obligations or governmental requests.
You further agree to waive your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content. If AggielandTickets™ does decide, in its sole discretion, to attribute User Content to you, you hereby grant AggielandTickets™ the right to use your name (and/or any user name), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos.
You are prohibited from posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such content is posted, AggielandTickets™ will have no liability related to the content. You acknowledge and agree that AggielandTickets™ has the right (but not the obligation) to monitor the User Content that you or third parties post, to alter or remove any such User Content, to disclose such User Content and the circumstances surrounding its transmission to any third party in order to operate the Site or our Services properly, to protect ourselves and third parties, and to comply with legal obligations or governmental requests. Additionally, we may, in our sole discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it.
7.2 Representations and Warranties. You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn't involve the sale of counterfeit or stolen items; (d) doesn't infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to AggielandTickets™ under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in this Agreement; (f) doesn't violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (g) doesn't contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of this Agreement and the lawful functioning of AggielandTickets™'s ticket marketplace.
You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor's parent or legal guardian.
7.3 Contributions. By submitting ideas, suggestions, documents, and/or proposals ('Contributions') to AggielandTickets™, you acknowledge and agree that: (a) your Contributions don't contain confidential or proprietary information; (b) AggielandTickets™ isn't under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) AggielandTickets™ shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) AggielandTickets™ may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of AggielandTickets™ without any obligation of AggielandTickets™ to you; and (f) AggielandTickets™ is free to use any ideas, concepts, or techniques that you send AggielandTickets™ for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren't entitled to any compensation or reimbursement of any kind from AggielandTickets™ under any circumstances.
8.1 Tax Indemnity. You agree that AggielandTickets™ is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold AggielandTickets™ and any parents, subsidiaries, affiliates, members, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by AggielandTickets™ that arise out of any third party or governmental claim that involves, relates to or concerns any federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. You agree to provide AggielandTickets™ with your Social Security Number or tax ID if necessary for AggielandTickets™ to provide information to the Internal Revenue Service related to payments you receive from us and further authorize AggielandTickets™ to release that information to the IRS or other competent governmental body.
8.2 Change or Suspension of Site. AggielandTickets™ reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services, or any part of the Site or Services with or without notice for any reason. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services under this Agreement.
8.3 Regular Maintenance. AggielandTickets™ performs regularly-scheduled maintenance. During maintenance periods, the Site or our Services may be temporarily unavailable.
8.4 Sale of Tickets. AggielandTickets™ does not provide any guarantee that your tickets or related passes will sell and will not provide any compensation for tickets or related passes that do not sell on our Site or through our Services, including for unsold tickets or related passes resulting from a Site or Service outage or maintenance. AggielandTickets™ also does not guarantee how long it will take for a listing to appear on the Site after it is posted and is not responsible for unsold tickets or related passes resulting from any listing delays.
9. Disputes with AggielandTickets™.
You and AggielandTickets™ agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the AggielandTickets™ User Agreement ('User Agreement'); your use of, or access to, AggielandTickets™ Site or Services; or any tickets or related passes sold or purchased through AggielandTickets™ or Services will be resolved in accordance with the provisions set forth in this Section (Section 9 'Disputes with AggielandTickets™'). Please read this Section carefully. It affects your rights and will impact on how claims you and we have against each other are resolved.
9.1 Applicable Law. You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and AggielandTickets™, except as otherwise stated in the User Agreement.
9.2 Agreement to Arbitrate. You and AggielandTickets™ each agree that any and all disputes or claims that have arisen or may arise between you and AggielandTickets™ relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to AggielandTickets™ Services, or any tickets or related passes sold or purchased through AggielandTickets™ or Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
(a) Waiver of Class and Representative Actions and Non-Individualized Relief
YOU AND AggielandTickets™ AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND AGGIELANDTICKETS™ AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER AGGIELANDTICKETS™ USERS.
(b) Arbitration Procedures
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of the User Agreement, as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the User Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association ('AAA') under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website athttp://www.adr.org.In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed from to us at the following address to initiate arbitration proceedings: AggielandTickets™, Inc. c/o : ____________________________________________.
The arbitration shall be held in the county in Brazos County. If the value of the relief sought is $10,000 or less, you or AggielandTickets™ may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and AggielandTickets™ subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or AggielandTickets™, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different AggielandTickets™ users, but is bound by rulings in prior arbitrations involving the same AggielandTickets™ user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(c) Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, AggielandTickets™ will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by AggielandTickets™ should be submitted by mail to the AAA along with your Demand for Arbitration and AggielandTickets™ will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, AggielandTickets™ will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse AggielandTickets™ for all fees associated with the arbitration paid by AggielandTickets™ on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate ('Prohibition of Class and Representative Actions and Non-Individualized Relief'), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
(e) Opt-Out Procedure
You can choose to reject this Agreement to Arbitrate ('opt out') by mailing us a written opt-out notice ('Opt-Out Notice'). For new AggielandTickets™ users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept the User Agreement for the first time. You must mail the Opt-Out Notice to AggielandTickets™, Inc., Attn: ____________________________________________.
For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the AggielandTickets™ account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of Section 9 'Disputes with AggielandTickets™', will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
(f) Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against AggielandTickets™ prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and AggielandTickets™. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on http://www.AggielandTickets.com at least thirty (30) days before the effective date of the changes and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.
Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until thirty (30) days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to http://www.AggielandTickets.com, and shall not be effective as to any claim that was filed in a legal proceeding against AggielandTickets™ prior to the effective date of termination.
9.3 Notices. Except as explicitly stated otherwise, legal notices shall be served on AggielandTickets™ registered agent (in the case of AggielandTickets™) or your email address on file with us (in your case). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address you have on file with us. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.
9.4 Release and Covenant Not to Sue. AggielandTickets™ acts as a marketplace only to bring Buyers and Sellers together to list, sell, and purchase tickets and related passes from one another. Sellers set prices for tickets and related passes in their sole discretion and those prices may be higher or lower than the face value of the ticket or related pass. In all cases, selling and buying tickets or related passes using our Site and Services, as well as sending tickets or related passes that are sold or purchased using our Site or Services, are transactions between Buyers and Sellers. The fulfillment of sales for tickets or related passes, including delivery and shipment of tickets or related passes, is the responsibility of the Seller. If you have a dispute with one or more users, as a Buyer or Seller, you release and covenant not to sue AggielandTickets™, its affiliated companies, and our and their respective officers, directors, members, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
9.5 General Indemnity. You agree to indemnify and hold AggielandTickets™ and (if applicable) its parent, subsidiaries, affiliates, and our and their respective officers, directors, members, attorneys, agents, employees, licensors and suppliers (the 'AggielandTickets™ Indemnitees') harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by AggielandTickets™ and (if applicable) any AggielandTickets™ Indemnitee resulting from or arising out of your breach of this User Agreement, your improper use of our Site or Services, and/or your violation of any law or the rights of a third party.
9.6 Disclaimer of Warranties; Limitations of Liability. You covenant not to sue AggielandTickets™, and agree that you will not hold AggielandTickets™ responsible, for other users' content, actions, or inactions, including without limitation the listing and/or selling of tickets or related passes in violation of local, state, national or international laws. AggielandTickets™ is a marketplace for fans to buy and sell tickets or related passes. You acknowledge that you are buying tickets or related passes from a third party, not AggielandTickets™. While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the accuracy, quality, safety, truth, accuracy or legality of user content, listings, and/or items listed or sold.
You agree that you are making use of the Services of AggielandTickets™ on an 'as is' and 'as available' basis. AggielandTickets™ (inclusive of any of its service providers and licensors) makes no warranty with respect to its software, its Site, its Services, any tickets or related passes, any event, any User Content, or that Sellers or Buyers will perform as promised. Accordingly, to the extent permitted by applicable law and except as specifically provided in this User Agreement, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third party rights. In addition, to the extent permitted by applicable law, we are not liable and you agree not to hold AggielandTickets™ responsible for any damages or losses (including, but not limited to: loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (i) Your use of or your inability to use our Site or Services; (ii) Delays or disruptions in our Site or Services; (iii) Viruses or other malicious software obtained by accessing our Site or Services or those of any site, services, or tools linked to our Site or Services; (iv) Glitches, bugs, errors, or inaccuracies of any kind in our Site or Services or in the information and graphics obtained from them; (v) A cancellation of, suspension or other action, whether made in error or not, taken with respect to your account or a decision by AggielandTickets™ to otherwise impose any of the Remedies outlined in Section 5 of this User Agreement; (vi) Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; AggielandTickets™ reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein; (vii) The duration or manner in which tickets or related passes you list appear on the Site or Services; (viii) Your contact with other AggielandTickets™ users, transactions conducted outside of AggielandTickets™, including those that originate at AggielandTickets™ and are taken offline and those that may be facilitated through the use of any AggielandTickets™ social media or other off-Site communication; (ix) Your posting of any libelous, obscene, defamatory, pornographic, or other materials that violate any laws; and (x) Infringement of your rights as creator of User Content, including without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of Fees in dispute not to exceed the total Fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
10. General Provisions.
This Agreement (and all documents, terms, or policies incorporated by reference) constitutes the entire agreement between you and AggielandTickets™ pertaining to the subject matter hereof and supersedes all prior agreements and understandings between you and AggielandTickets™ with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. Unless stated otherwise in this Agreement, if any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. AggielandTickets™ may assign or transfer this Agreement at any time. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of AggielandTickets™, which we can refuse in our sole discretion. Unless stated otherwise in this Agreement, nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their permitted successors and assigns. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
We may amend this Agreement at any time by posting the amended terms on www.AggielandTickets.com. Our right to amend the Agreement includes the right to modify, add to, or remove terms in the Agreement. Except as stated otherwise in this Agreement or elsewhere, all amended terms shall automatically be effective thirty (30) days after they are initially posted on www.AggielandTickets.com, or upon acceptance for new users. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, 'writing' does not include an email message and a signature does not include an electronic signature.
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