General. Excite.com ("SITE") acts as an intermediary between buyers and ticket sellers ("TICKET SELLERS") to facilitate the purchase and sale of event tickets, and as such is not directly involved in the actual ticket sale transaction between the buyers and TICKET SELLERS. All sales are final. As tickets sold through SITE are often obtained through the secondary market and prices are determined by the individual TICKET SELLER, the prices for tickets may be above or below face value. Tickets sold through SITE are from a third party; therefore, the buyer's name will not be printed on the tickets. Please note that the name on the tickets does not affect the buyer's ability to access the event.
The following are the rules ("TERMS") that govern use of the Excite.com Web Site by the user of the SITE ("USER"). By using or visiting the SITE, USER expressly agrees to be bound by these TERMS and to follow these TERMS and all applicable laws and regulations governing the SITE. SITE reserves the right to change these TERMS at any time, effective immediately upon posting on the SITE. If USER violates these TERMS Excite.com may terminate USER'S access to the SITE, bar USER from future use of the SITE, cancel USER'S ticket order, and/or take appropriate legal action against USER.
Above Face Value. Tickets sold through SITE are often obtained through secondary market TICKET SELLERS and are being resold, in many cases, above the price or "face value" listed on the ticket. All ticket prices include additional service charges and handling fees as defined on each order. SITE and TICKET SELLERS are not directly affiliated with any performer, sports team, or venue; and SITE does not act as a primary sale box office, unless otherwise stated. By agreeing to these TERMS, USER agrees that the purchase price for tickets on USER'S order does not reflect the original purchase price of the ticket and may be either higher or lower than the original purchase price.
Orders. Orders placed through SITE will be fulfilled by one of SITE'S network of participating TICKET SELLERS. Contact information for the TICKET SELLER who will fulfill USER'S order (hereinafter known as "FULFILLER") will be provided to USER upon completion of the purchase process. If this information is lost, USER may contact CustomerSupport@MyTicketTracker.com to retrieve information about the order.
All sales are 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, 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, USER will need to contact FULFILLER for a refund. FULFILLER may require USER to return the supplied tickets at USER'S expense before receiving any refund USER is entitled to due to cancellation. SITE is not responsible for providing or securing this refund for USER. Any shipping and handling charges are not refundable. Refunds will be processed in the same currency as the original order. Conversion charges, including though not exhaustive of the ones issued by USER'S bank, if any, are not covered by SITE or FULFILLER. Neither SITE nor FULFILLER will issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. When USER receives tickets, USER should keep them in a safe place. Please note that direct sunlight or heat may damage tickets.
Pricing. All prices are in United States Dollars (USD) unless otherwise specifically stated. SITE cannot confirm the price of an item until after an order is completed by USER. 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 USER to inform USER of different price with an option to purchase, or cancel USER'S order and notify USER of such cancellation.
Schedule of Fees and Charges. The price charged to USER'S credit card beyond the price of the individual tickets may include the following fees and charges:
Taxes. Prices stated on the SITE do not include any state or other local taxes that may apply to USER'S order. TICKET SELLERS may collect sales tax as is appropriate for their locality. If taxes are applicable to USER'S order they will be added to USER'S order as a separate charge in addition to the total.
Credit Card Charges. USER'S credit card will be charged by FULFILLER and not SITE. If USER has any questions about charges on USER'S credit card statement, USER should contact SITE at CustomerSupport@MyTicketTracker.com or direct USER'S question to FULFILLER. FULFILLER may charge or authorize USER'S credit card in advance of confirming ticket availability. If tickets are ultimately found to be unavailable, USER'S credit card will not be charged or USER will receive a full refund for the charged amount.
Payment by Debit Card. In some cases, FULFILLER may attempt to authorize a debit card multiple times, creating several holds on USER'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 USER'S transaction once, the hold(s) will temporarily lower USER'S available balance. Any hold(s) may take up to several days to clear.
Disputed Charges. USER is responsible for any and all legal fees incurred by USER, FULFILLER, and/or SITE associated with USER'S disputed charges and chargebacks for purchases made on SITE. In no event will SITE or FULFILLER be responsible for such legal fees.
Event Listings. SITE does not guarantee the accuracy of event information on SITE including but not limited to event name, event location or venue, event start time, or event date.
Ticket Holder Behavior Policy. The USER agrees to abide by all rules and policies of the venue where the event is located relating to conduct and behavior. Should the USER be ejected from the event for failure to abide by the venue's rules and policies, USER shall be subject to all applicable fines and legal or other expenses associated with the ejection. USER shall not be entitled to a refund due to ejection from the event for failure to abide by the venue's rules and policies. Further, should the ejection result in the loss of the TICKET SELLER's right to use any other season tickets at that venue, or the right to purchase other tickets from that venue, USER 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.
Ticket Availability. SITE cannot guarantee ticket availability until USER is in possession of USER'S tickets. Generally, all ticket listings on SITE are a unique set of tickets from an individual TICKET SELLER. Some ticket listings on SITE may only be representations of available tickets and not actual seat locations or currently available tickets. Occasionally tickets ordered may no longer be available at the price or in the quantity originally ordered at the time the order is received. If equivalent or better seat locations are available at the same price, TICKET SELLER will fill the order with the alternative seat locations. If no alternates are available, either USER'S credit card will not be charged at all or the entire amount charged will be refunded, and USER will be notified that the ticket request has been rejected.
Fraudulent Use. In order to protect USER from fraud, USER may be required to provide additional proof of identify on any order. Proof of identity may include but is not limited to a signed credit card authorization and/or photocopies of public documents such as a state driver's license or federal passport.
Shipping. All orders are shipped to USER using the delivery method chosen for the order. Most orders are shipped the same business day in which they are received. Orders placed after business hours may be shipped on the next business day. Shipments may require direct signature at the point of delivery.
Delayed Shipment. 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.
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.
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.
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.
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.
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.
Permitted Use. USER agrees that USER is only authorized to visit, view, and to retain a copy of pages of this SITE for USER'S own personal use, and that USER shall not duplicate, download, publish, modify, or otherwise distribute the material on this SITE for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for USER'S personal use, unless otherwise specifically authorized by SITE to do so. USER may not use any robot, spider, scraper, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve or in any way reproduce, circumvent, or interfere with the Site or its contents, nor may USER use any automated software or computer system to search for, reserve, buy, or otherwise obtain tickets from SITE. USER may not submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature. The content and software on this SITE is the property of SITE and/or its suppliers and is protected by U.S. and international copyright laws.
Links. The SITE may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. SITE has no control over these sites or the content within them. SITE cannot guarantee, represent, or warrant that the content contained in the sites is accurate, legal, and/or inoffensive. SITE does not endorse the content of any third-party site, nor does SITE warrant that these sites will not contain viruses or otherwise impact USER'S computer systems. By using the SITE to search for or link to another site, USER agrees and understands that USER may not make any claim against SITE for any damages or losses, whatsoever, resulting from use of the SITE to obtain search results or to link to another site. If USER experiences a problem with a link from the SITE, please notify SITE at CustomerSupport@MyTicketTracker.com and SITE will investigate USER'S claim and take any actions deemed appropriate at SITE'S sole discretion.
Violation of the Terms. SITE, in its sole discretion, and without prior notice, may terminate USER'S access to SITE, cancel USER'S ticket order, or exercise any other remedy available to it. USER agrees that monetary damages may not provide a sufficient remedy to SITE for violations of these terms and conditions and USER consents to injunctive or other equitable relief for such violations. SITE may release USER information by operation of law, if the information is necessary to address an unlawful or harmful activity against SITE. SITE is not required to provide any refund to USER if USER is terminated as a user of SITE.
Intellectual Property Information. For purposes of these TERMS, CONTENT is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the site. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these TERMS, USER acknowledges and agrees that all CONTENT presented to USER on this site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of SITE and/or its affiliates. USER is only permitted to use CONTENT as expressly authorized by SITE or the specific CONTENT provider. Except for a single copy made for personal use only, USER may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from SITE or the specific CONTENT provider, and USER is solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of CONTENT may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. Neither SITE nor its affiliates warrant or represent that USER'S use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. All other trademarks or service marks are property of their respective owners. Nothing in these TERMS grants USER any right to use any trademark, service mark, logo, and/or the name of SITE or its affiliates.
SITE reserves the right to terminate the privileges of any user who uses SITE to unlawfully transmit or receive copyrighted material without a license or express consent, valid defense, or fair use exemption to do so. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the USER that they have used SITE as an instrument of unlawful infringement, SITE will terminate the infringing USER'S rights to use and/or access to SITE. SITE may, also, in its sole discretion, decide to terminate USER's rights to use or access to the SITE prior to that time if SITE believes that the alleged infringement has occurred.
Disclaimers. SITE MAKES NO ASSURANCES THAT SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF SITE OR ANY SITE CONTENT, SEARCH, OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. SITE MAKES NO ASSURANCES THAT FILES USER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, VICARIOUS, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS, OR LOSS OF PROFITS, OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SITE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY USERS, SITE USERS, ADVERTISERS AND/OR SPONSORS ON SITE, IN CONNECTION WITH THE SITE SERVICE OR OTHERWISE RELATED TO USER USE OF SITE AND/OR SITE SERVICE. SITE IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON SITE.
Limitation on Liability. USER acknowledges that SITE is a venue allowing people to buy and sell tickets to concert, sporting and entertainment events. The listings of ticket inventory on SITE are provided by a third party ("PROVIDER"). Neither SITE nor PROVIDER is involved in the actual transaction between buyers and sellers. While SITE and PROVIDER may help facilitate the resolution of disputes, neither SITE nor PROVIDER has control over the content of the tickets listed on SITE, the truth or accuracy of such listings, the ability of the FULFILLER to sell tickets, or that USER and FULFILLER will actually complete a transaction. Regardless of this provision, if either SITE or PROVIDER is found to be liable, SITE or PROVIDER'S liability to USER or any third party is limited to the greater of (a) any amounts due under SITE's limited guarantee when applicable, (b) the amount of fees in dispute not to exceed the total fees of the transaction, or (c) $100.
Except in jurisdictions where such provisions are restricted, in no event will SITE or PROVIDER be liable to USER for any indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if SITE or PROVIDER have been advised of the possibility of such damages. USER further agrees that the maximum available remedy on any successful claim is the greater of the choices listed in the paragraph above.
Indemnity. USER agrees to indemnify and hold SITE, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of USER'S use of SITE, including also USER'S use of SITE to provide a link to another site or to upload content or other information to SITE.
Governing Law. USER agrees that any controversy or claim arising out of or relating to the use of SITE will be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. USER agrees to personal jurisdiction by venue in the state and federal courts of the State of Connecticut, Hartford County.
Arbitration and Dispute Resolution. Any controversy or claim arising out of or relating to the use of SITE, or any alleged breach of these policies, shall be resolved through binding arbitration in the jurisdiction of SITE'S headquarters, Hartford County, Connecticut, and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. SITE will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above for claims for $10,000 or less. If, however, the arbitrator finds that either the substance of USER'S claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by applicable American Arbitration Association Rules. In such case, USER agrees to reimburse SITE for all monies previously disbursed by SITE that are otherwise USER'S obligation to pay under the American Arbitration Association Rules. In addition, if USER initiates an arbitration in which USER seeks more than $10,000 in damages, the payment of these fees will be governed by the American Arbitration Association Rules. SITE and USER agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. SITE and USER shall both participate in the selection of an arbitrator. Any award issued through arbitration is enforceable in any court of competent jurisdiction.
IF USER DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, USER MUST NOTIFY SITE IN WRITING WITHIN 30 DAYS OF THE DATE THAT USER PLACES AN ORDER ON SITE. USER'S WRITTEN NOTIFICATION TO SITE MUST INCLUDE USER'S NAME, ADDRESS AND ORDER NUMBER AS WELL AS A CLEAR STATEMENT THAT USER DOES NOT WISH TO RESOLVE DISPUTES WITH SITE THROUGH ARBITRATION. WRITTEN NOTIFICATION SHOULD BE MAILED TO SITE'S ADDRESS.
Any arbitration or trial by a judge of any claim will take place on an individual basis without resort to any form of class or representative action ("Class Action Waiver"). Regardless of anything else in this Arbitration Provision, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. USER and SITE acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. USER AND SITE ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.
All claims brought by USER against SITE must be resolved in accordance with this Arbitration and Dispute Resolution Section. All claims filed or brought contrary to this Arbitration and Dispute Resolution Section shall be considered improperly filed. Should USER improperly file a claim, SITE may recover attorneys' fees and costs up to US$1,000 from USER, provided that SITE has notified USER in writing of the improperly filed claim, and USER fails to promptly withdraw the claim after USER receives notice of improper filing from SITE.
Force Majeure. SITE shall not be deemed in default or otherwise liable under these rules and policies due to its inability to perform its obligations by reason of any fire; earthquake; flood; substantial snowstorm; epidemic; accident; explosion; casualty; strike; lockout; labor controversy; riot; civil disturbance; act of public enemy; cyber-terrorism; embargo; war; act of God; or any municipal, county, state, or national ordinance or law; or any executive, administrative, or judicial order (which order is not the result of any act or omission which would constitute a default hereunder); or any failure or delay of any transportation, power, or communications system; or any other or similar cause not under SITE'S control (hereinafter all of the foregoing is collectively referred to as FORCE MAJEURE). Notwithstanding the foregoing, SITE shall be permitted to terminate this Agreement with or without notice to USER in the event that USER is prevented from performing hereunder due to FORCE MAJEURE.
USER Account. USER may be asked to select a username and password as part of the registration process. All USER account pages are protected with Secure Socket Layer (SSL) encryption. USER is fully responsible for maintaining the confidentiality of USER'S username and password. USER agrees to immediately notify SITE at CustomerSupport@MyTicketTracker.com should USER know, or have reasonable grounds to suspect, that the username or password have been compromised. SITE shall not be responsible for USER'S failure to abide by this paragraph. SITE may, in its sole discretion, terminate the USER'S account for any reason. Under no circumstances shall SITE be liable to any user or third party for termination of USER'S account.
Third Party Advertisers. SITE may allow third-party advertisers to advertise on SITE. SITE undertakes no responsibility for USER'S dealings with, including any on-line or other purchases from, any third-party advertisers. SITE shall not be responsible for any loss or damage incurred by USER in its dealings with third-party advertisers.
Information Collection, Use, and Sharing. PROVIDER and FULFILLER are the sole users of the information collected on this SITE. PROVIDER only has access to or collects information that USER voluntarily gives via email or other direct contact from USER, such as requesting or purchasing tickets from a FULFILLER. PROVIDER, along with FULFILLER, will use USER's personal information for transactional purposes, including those related to customer service for the transaction. PROVIDER may also use USER'S personal information to provide marketing services on behalf of SITE as well as share USER'S personal information with affiliated entities of PROVIDER to provide joint content and services and to market the products and services of such entities. PROVIDER may sell USER'S personal information to non-financial organizations, such as companies engaged in direct marketing and the selling of consumer products and services.
SITE and PROVIDER will respond to a verified law enforcement or other governmental department request or subpoena relating to a criminal investigation, alleged illegal activity, or identity theft. In such events, SITE and PROVIDER will disclose information relevant to the investigation such as name, city, state, zip code, telephone number, email address, fraud complaints, and credit card information. SITE and PROVIDER may also provide such information to merchant processors or other online ticket exchanges for the sole purpose of investigating fraudulent activities. SITE and PROVIDER reserve the right to report to law enforcement agencies any activities that they believe, in good faith, to be unlawful. In the case of identity theft, USER may authorize a law enforcement officer to request the records from SITE and PROVIDER or USER may request that SITE and PROVIDER send any records directly to a law enforcement officer.
USER Access to and Control Over Information. USER can do the following, at any time, by contacting PROVIDER via the email address or phone number given on the website:
Security. PROVIDER takes precautions to protect USER information. When USER submits sensitive information via SITE, USER information is protected both online and offline.
Whenever sensitive information (such as credit card data) is collected, that information is encrypted and transmitted in a secure way. USER can verify this by looking for a closed lock icon at the bottom of USER web browser, or looking for "https" at the beginning of the address of the web page. PROVIDER is committed to not re-identifying sensitive information collected by SITE.
While encryption is used to protect sensitive information transmitted online, PROVIDER also protects USER information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers on which personally identifiable information is stored are kept in a secure environment.
Copyright Infringement Notification. Should USER wish to file a copyright infringement notification with Excite.com, USER will need to send a written or electronic communication that includes all of the following, as based on Section 512(c)(3) of the Digital Millennium Copyright Act (DMCA):
6727 Ritchurst Place
Forestville, CA 95436
Please note the following:
Under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity is infringing may be subject to liability for damages.
Service and Advertising Emails. SITE may send USER several service-related emails to the email address given when placing an order. These may include a confirmation email with details of USER'S order, a pre-event email reminder about the event to be attended, and a post-event email gathering feedback on the USER'S experience. When USER places an order, SITE may also add USER to the weekly mailing list to be informed of upcoming events. USER can opt out of these emails at any time by clicking the unsubscribe link in the email itself, or by notifying CustomerSupport@MyTicketTracker.com.
Amendments. SITE reserves the right to amend this policy at any time.
These policies were last amended on November 4, 2013.