TopTickets.us 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.
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 its 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 their order does not reflect the original purchase price of the ticket and may be either higher or lower than the original purchase price.
Orders placed through SITE will be fulfilled by one of SITE'S network of participating TICKET SELLERS. Contact information for the TICKET SELLER who fulfills 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 email@example.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 the FULFILLER for a refund. The 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 TopTickets.us or Fulfiller. Neither SITE nor the 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 the FULFILLER discovers an item's correct price is higher than the stated price, the FULFILLER will either complete the order at the original price, contact USER to inform them 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 shall 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.
International Orders International Orders placed by USER may be subject to delayed processing. SITE recommends that USER contact their credit card company or financial institution prior to placing an order to prevent unnecessary delays or holds. Neither SITE, nor FULFILLER shall be responsible for delays, holds, or any extra fees associated with placing an International Order.
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.
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. 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 their 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, the 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 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. In some cases a User's selected shipping must be upgraded without notice to USER and the USER will be charged for the upgraded shipping. 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. By placing an order, USER understands and agrees to the following shipping terms.
Delayed Shipment Event tickets are generally delivered according to the delivery method selected at the time of ticket checkout. Most orders are shipped the same business day in which they are received or, if placed after business hours, orders may be shipped on the next business day. However, 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 of 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 them to view the status of their order and tracking information, if available, after purchase. In the case where tracking information is not available USER may contact a representative of the 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 the 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, the FULFILLER will, at their discretion, either contact USER about the additional fee prior to shipping or cancel USER’S order and notify USER of such cancellation. Shipments may require direct signature at the point of delivery. Once FULFILLER has shipped the tickets, it is USER responsibility to receive the package. Should the package be refused, undelivered, or returned, refunds or credits will not be issued by FULFILLER as per the all sales are final term of these Terms. If a package has been returned and must be re-shipped by the FULFILLER, it is the USER responsibility to contact the FULFILLER for re-shipping options. USER understands that additional delivery fees may be charged prior to reshipping.
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.
Electronic Transfer Electronic transfer delivery may not be available for immediate access. After placing an order, USER will receive an email with instructions on how to accept the electronic transfer; therefore, it is important that USER provides accurate email address information during the order process. The USER will be required to create an account with the associated ticket transfer system to gain access to the tickets, and USER must have access to a smart device to present the QR code displayed via the electronic transfer system for entry at the event. USER is responsible for contacting Customer Support should USER not receive the email instructions, be unable to accept the ticket transfer, or be unable to locate the ticket transfer email. Neither SITE nor FULFILLER will issue refunds for USER'S failure to provide a correct email address or accept ticket transfer offer. Neither SITE nor FULFILLER will issue refunds in the event a USER declines the ticket transfer offer.
Local Delivery USER must pick up the tickets from the designated location provided to the USER, which will be located near the venue. USER will need to bring a government-issued ID in order to claim the tickets and may be asked to present the credit used at time of purchase as further verification. Should USER encounter a problem at the local delivery location, USER must contact FULFILLER for assistance. Neither SITE nor FULFILLER will issue refunds for USER'S failure to provide a valid government-issued ID for release of tickets or if USER does not pickup tickets from designated location.
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 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 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 firstname.lastname@example.org 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 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 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 this 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 the 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 the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither SITE or 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 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. 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 THIS 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.
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.
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 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.
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, claim, dispute, or other action, arising out of or relating to the use of SITE, any order placed on SITE, or these policies including any dispute over the validity, enforceability or scope of this arbitration provision (a "CLAIM" or "CLAIMS") shall be resolved through binding arbitration administered by the American Arbitration Association (the "AAA") in accordance with its Consumer Rules. SITE will pay all filing, administration, and arbitrator fees for any arbitration for a CLAIM of US$10,000 or less. If, however, the arbitrator finds that either the substance of the CLAIM or the relief sought in the CLAIM is frivolous or that the CLAIM was 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 AAA 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 AAA Rules. In addition, if USER initiates an arbitration for a CLAIM for more than US$10,000, the payment of fees will be governed by the AAA Rules. The AAA rules will determine whether the arbitration will take place through written submissions by USER and SITE, by telephone, or in person. 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.
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 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 SITE at email@example.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 the 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 emailor other direct contact from USER or if USER gives SITE permission to access such information, 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. If USER grants permission to SITE to detect USER’s location, SITE will use that information only to refine search results displayed to USER.
To stop receiving promotional or marketing emails or to opt-out of having USER's information sent to third parties for marketing purposes, USER can follow the instructions in any promotional email USER receives from SITE. Even if USER opts out of receiving promotional or marketing emails, USER will still be contacted with transactional messages.
3rd Party Advertising, Services & Data Collection
Hotjar and Your Privacy
PROVIDER takes precautions to protect USER information. When USER submits sensitive information via SITE, USER information is protected both online and offline.
Copyright Infringement Notification
Should USER wish to file a copyright infringement notification with TopTickets.us, 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):
Written or electronic notice of copyright infringement should be mailed, faxed, or emailed to TopTickets.us's designated agent at:
514 Van Dyke Street
Ridgewood, NJ 07450
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 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 notifying firstname.lastname@example.org.
These policies were last amended on Thursday, May 17, 2018.