General.
TicketsFirstClass.com acts as
an intermediary between buyers and ticket brokers 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 brokers. The following are the
rules or "Terms" that govern use of the ticketsfirstclass.com Web site ("Site")
by you, 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. ticketsfirstclass.com
reserves the right to change these Terms at any time, effective immediately upon
posting on the Site.
If User violates these Terms of Use,
ticketsfirstclass.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. Orders. Orders through TicketsFirstClass.com will be
fulfilled by one of our network of participating brokers. Contact information
for the broker who fulfills your order (Fulfilling Broker) will be provided to
User during the purchase process. If you lose this information User may contact
drew@ticketsfirstclass.com to get 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, 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 the Fulfilling Broker for a refund. The Fulfilling Broker may require
the User to return the supplied tickets at User's expense before receiving any
refund User may be entitled to due to cancellation. TicketsFirstClass.com is not
responsible for providing or securing this refund for User.
Any shipping
and handling charges are not refundable. Neither TicketsFirstClass.com nor the
Fulfilling Broker 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. 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, and User has chosen to be automatically upgraded, the Fulfilling Broker
will fill the order with the alternative seat locations. If User is
automatically upgraded, User's credit card will be charged at the time the order
is received and User will be contacted for notification of the new seat
locations. If User has not chosen to be automatically upgraded, a representative
from the Fulfilling Broker may contact User to discuss alternative seat
locations, and User's credit card will not be charged until we have received
permission from User to fill your order with alternative seat locations.
In Order to protect our users from fraud, a 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
notarized public documents such as a state driver's license or federal passport.
All orders are shipped via User's chosen shipping method to the billing address
of User's credit card (no exceptions). Most orders are processed the same
business day in which they are received. Orders placed after business hours may
be processed on the next business day. For certain events, tickets may not be
available for immediate shipment. In this case, a representative from the
Fulfilling Broker will contact User with notification of an approximate shipping
date. Tickets will be shipped when available, and choice of an expedited
delivery method does not guarantee that tickets will be shipped immediately.
All shipments will require a signature at the point of delivery.
Customers outside of the United States must choose an International Delivery
option. If any other option is chosen for an order outside the United States,
the shipping cost may be adjusted by the Fulfilling Broker after the order is
placed to use the International Rate. 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, the Fulfilling Broker
will, at their discretion, either contact you about the additional fee prior to
shipping or cancel your order and notify you of such cancellation. Pricing
Tickets sold through our site are from secondary ticket market brokers and are
being resold in many cases above the price or "face value" listed on the ticket.
TicketsFirstClass.com and its participating brokers are not directly affiliated
with any performer, sports team, or venue and we do not act as a primary sale
box office. TicketsFirstClass.com cannot confirm the price of an item until you
order; however, the Fulfilling Broker does NOT charge your credit card until
after the ticket has been secured. Despite TicketsFirstClass.com's best efforts,
a small number of the items listed on the Site may be mispriced. If the
Fulfilling Broker discovers an item's correct price is higher than the stated
price, the Fulfilling Broker will, at their discretion, either contact you for
instructions before shipping or cancel your order and notify you of such
cancellation. Prices stated on the Site do not include any state or other local
taxes that may apply to User's order. All prices are in United States Dollars
(USD) unless otherwise specifically stated.
Credit Card Charges.
If TicketNetwork Direct is the broker handling your order, the name
TicketNetwork Direct will appear on your credit card statement rather than
TicketsFirstClass.com. If another broker is handling your order, their business
name rather than TicketsFirstClass.com will be the name appearing on your
statement. If you have any questions about charges on your credit card statement
feel free to contact us at drew@ticketsfirstclass.com.
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 you
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 TicketsFirstClass.com
to do so. The content and software on this Site is the property of
ticketsfirstclass.com 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.
TicketsFirstClass.com has no control over these sites or the content
within them. TicketsFirstClass.com cannot guarantee, represent or warrant that
the content contained in the sites is accurate, legal and/or inoffensive.
TicketsFirstClass.com does not endorse the content of any third party site, nor
do we warrant that they 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
TicketsFirstClass.com 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 us at
drew@ticketsfirstclass.com and we will investigate User's claim and take any
actions we deem appropriate in our sole discretion. Violation of the Terms.
TicketsFirstClass.com, in its sole discretion, and without prior notice, may
terminate User's access to the 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 TicketsFirstClass.com for violations of these
terms and conditions and User consents to injunctive or other equitable relief
for such violations. TicketsFirstClass.com may release User information if
required by law or subpoena, or if the information is necessary or appropriate
to release to address an unlawful or harmful activity. TicketsFirstClass.com is
not required to provide any refund to User if you are terminated as a user of
this Site. Copyright Policy. All text, graphics, files, applets, scripts,
software and other works on the Site are the copyrighted works of
TicketsFirstClass.com. All Rights Reserved. Any unauthorized redistribution or
reproduction of any copyrighted materials on the Site is strictly prohibited.
TicketsFirstClass.com and ticketsfirstclass.com are protected marks of
TicketsFirstClass.com. TicketsFirstClass.com reserves the right to terminate the
privileges of any User who uses this 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 this Site as an instrument of unlawful infringement, we will
terminate the infringing Users' rights to use and/or access to this Site. We
may, also in our sole discretion, decide to terminate a User's rights to use or
access to the Site prior to that time if we believe that the alleged
infringement has occurred.
Disclaimers.
TicketsFirstClass.com
MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE
SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT, SEARCH OR LINK
THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN "AS-IS" AND
"AS-AVAILABLE" BASIS. TicketsFirstClass.com MAKES NO ASSURANCES THAT FILES USER
ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES. TicketsFirstClass.com DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. TicketsFirstClass.com WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT
LIMITATION, DIRECT, INDIRECT, 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 OF OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TicketsFirstClass.com DISCLAIMS ANY
AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS,
TicketsFirstClass.com USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN
CONNECTION WITH THE TicketsFirstClass.com SERVICE OR OTHERWISE RELATED TO YOUR
USE OF THE SITE AND/OR THE TicketsFirstClass.com SERVICE. TicketsFirstClass.com
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 THE SITE.
Limitation on Liability.
Except
in jurisdictions where such provisions are restricted, in no event will
TicketsFirstClass.com be liable to User for any indirect, consequential,
exemplary, incidental, special or punitive damages, including lost profits, even
if TicketsFirstClass.com has been advised of the possibility of such damages.
Disputes. If there is any dispute about or involving the Site, by using the
Site, User agrees that the dispute 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, City of Hartford. Indemnity. User agrees to indemnify and hold
TicketsFirstClass.com, 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 the Site, including also User's use of the Site to provide
a link to another site or to upload content or other information to the Site.
Registration. Certain areas of the Site are provided solely to registered Users
of the Site. Any User registering for such access agrees to provide true and
accurate information during the registration process. TicketsFirstClass.com
reserves the right to terminate the access of Users should TicketsFirstClass.com
know, or have reasonable grounds to suspect that a User has entered false of
misleading information during the registration process.
ALL REGISTERED
USERS MUST BE OVER EIGHTEEN (18) YEARS OF AGE. Children under the age of
eighteen (18) shall not be permitted to register. TicketsFirstClass.com reserves
the right to require valid credit card information as proof of legal age.
TicketsFirstClass.com maintains a strict online Privacy Policy and will not sell
or provide User credit card information to third parties. User Account. User
will 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 their username and
password. User agrees to immediately notify TicketsFirstClass.com at
drew@ticketsfirstclass.com should User know, or have reasonable grounds to
suspect, that the username or password have been compromised.
TicketsFirstClass.com shall not be responsible for User's failure to abide by
this paragraph. TicketsFirstClass.com may, in its sole discretion, terminate the
User's account for any reason. Under no circumstances shall
TicketsFirstClass.com be liable to any User or third party for termination of a
User's account. Third Party Advertisers.TicketsFirstClass.com may allow third
party advertisers to advertise on the Site. TicketsFirstClass.com undertakes no
responsibility for User's dealings with, including any on-line or other
purchases from, any third party advertisers. TicketsFirstClass.com shall not be
responsible for any loss or damage incurred by User in its dealings with third
party advertisers. Privacy Policy. This privacy policy (Privacy Policy) covers
TicketsFirstClass.com' treatment of personal or personally identifiable
information (Personal Information) that may be collected when User is on the
Site and when User uses TicketsFirstClass.com services.
This Privacy
Policy does not apply to the practices of companies or individuals that
TicketsFirstClass.com does not own or exercise supervisory control over, or to
third party advertisers on the Site. TicketsFirstClass.com may collect Personal
Information when User uses certain services on the Site or when User visits
cookie-enabled web pages. TicketsFirstClass.com may also log your IP address
when User accesses the Site. TicketsFirstClass.com uses this Personal
Information to fulfill requests for our services or products, to contact Users
regarding changes to our Site or our business, and to customize the content that
User might see on the Site. TicketsFirstClass.com may also use "cookie" files to
better service User needs by creating a customized template or web page to the
Site. TicketsFirstClass.com will not sell or rent User's Personal Information to
any individual, business or government entity unless requested by User or if
TicketsFirstClass.com is required to respond to court orders, subpoenas or other
legal process. TicketsFirstClass.com reserves the right to amend this policy at
any time. TicketsFirstClass.com will contact registered Users by email or shall
post a notice of changes in its Site, when and if the terms of this policy are
amended.