Site Policies and Terms of Use
 
Last Updated: September 24, 2020
 
Definitions:
 
Proceeding” means any complaint, lawsuit, action, suit, claim (including claim of a violation of law), or other proceeding at law or in equity, or order or ruling, in each case by or before any governmental authority or arbitral tribunal.
 
"Seller” means the person selling the ticket or tickets you purchase through the Site. Sellers utilize the Site’s services to sell tickets, the Site does not own the tickets being sold.
 
"Vendor” means the third-party that licenses a technology platform to this Site and performs services related to your purchase.  Where specified in this Agreement, Vendor is expressly intended to benefit from the agreement and is acknowledged by the parties to be a third-party beneficiary to this agreement.
 
Site” means the website boldticket.com.
 
"Site Credit” means a credit of a given dollar value that may be applied to any purchase on the Site. Site Credits are not exchangeable for currency and may only be used on the Site.
 
Site Policies” means the policies and procedures of the Site.
 
Terms of Use” are the terms and rules that govern your use of the Site and its mobile applications that are delineated below.
 
“We” or “Us” means the Site and the Vendor.
 
 
The Site Policies and Terms of Use delineated in this agreement (collectively, the “Agreement”) are designed to ensure you understand the permissible use of the Site and the Site Policies that apply to the purchase of any ticket listed on this Site. By using or visiting this Site, or by purchasing tickets listed on this Site, you expressly agree follow and be bound by the Site Polices and the Terms of Use. You expressly agree to follow all additional applicable laws, ordinances, and regulations. You represent that you are legally able to enter into this binding contract and if you are under 18, that you are purchasing tickets under the supervision of a parent or guardian. You and the Site are entering into this Agreement and may be referred to individually as a “Party” and collectively as the “Parties.”
 
NOTICE REGARDING FUTURE CHANGES TO TERMS:
 
The Site may make changes to the Site Policies and the Terms of Use (collectively, the “Agreement”) at any time. Any changes made by the Site will be effective immediately when a revised version of these Terms is posted on the Site. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.
 
NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER:
 
These Terms contain an arbitration agreement and class action waiver, whereby you agree that any dispute or claim relating in any way to your use of the Site, or to products or services sold, distributed, issued, or serviced by or through the Site, will be resolved by binding, individual arbitration, rather than in court, and you waive your right to participate in a class action lawsuit or class-wide arbitration. This is explained in greater detail below in the section titled “Arbitration.”
 
General Provisions Regarding Tickets and Ticket Purchases:
 
  • Ticket prices may be above or below the “face value” listed on the ticket.
  • Until you receive explicit confirmation, all orders placed on the Site are considered only request for tickets.
  • Confirmed orders may be filled with comparable or upgraded tickets.
  • All sales are final. There are no cancellations, returns or exchanges.
  • If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, venue security or other personnel relocate you to a location within the venue that is different from the seating location that you had purchased from us, such relocation will not qualify you for a refund or for other compensation.
  • If an event is cancelled and not rescheduled, the Site, in its sole discretion, may choose to either give you a full refund of the purchase price, or issue a Site Credit for use on a future purchase. If an event is postponed or rescheduled, your order will not qualify for a refund and your tickets will be valid for the rescheduled date.
  • When you purchase a ticket, you receive a 100% Buyer Guarantee, as detailed below.
 
100% Buyer Guarantee
The 100% Buyer Guarantee means that your transaction will be safe and secure, the tickets shall be delivered prior to the event, the tickets shall be identical, comparable, or upgrades to the tickets you ordered (in our sole judgement ), and the tickets shall be valid and authentic. If the tickets are not delivered prior to the event, the tickets are not identical, comparable, or upgrades to the tickets you ordered (in the sole judgement of the Site), or if the tickets are not valid and authentic, your only remedy under the 100% Buyer Guarantee is the return of any payment made by you for the ticket.
 
Refund Policy:
All sales are final. If the ticketed event is cancelled, the Site will give you full refund of the purchase price or will issue a credit for use on a future purchase, as determined in its sole discretion (unless otherwise required by applicable law). To qualify for a refund, you must return your tickets as soon as possible, and in no event later than within ten (10) business days following our notice to you of an available refund. We will not give any refund without the original tickets, unless, in our sole discretion, we determine to make a refund. We will determine when an event is cancelled, in our sole discretion. No refunds will be made for postponed or rescheduled events.
 
If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, the entity putting on the event has announced a seating or attendee capacity reduction of greater than 15%, at our sole option, we reserve the right to cancel tickets for seating locations eliminated by the venue or to deem such event cancelled in its entirety. In the event that we deem an event cancelled in its entirety based on a reduction in capacity: (i) all outstanding orders for such event will be cancelled; and (ii) the event will be reposted for sale with the adjusted capacity and known restrictions. Any buyers whose tickets have been cancelled pursuant to this paragraph shall receive compensation for such cancellation as described above.
 
Force Majeure:
We shall not be deemed in default or otherwise liable under these Terms due to our inability to perform our obligations by reason of any act of God, fire, earthquake, substantial snowstorm, flood, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, terrorist act, embargo, war, law, ordinance or regulation, legal order (unless caused by our default hereunder), failure or delay of any transportation, power, or communications system or any other similar cause not under our control (a “Force Majeure Incident”).
 
Ticket Replacements, Cancellations and Errors:
We reserve the right to replace tickets with comparable or upgraded tickets. If such replacement occurs, we shall have fulfilled its obligations under these Terms. We shall determine whether a replacement ticket is comparable or upgraded in our sole discretion. Should we fail to deliver any confirmed ticket purchase, your only remedy, unless otherwise required by law, will be the return of any payment made by you for the undelivered ticket. We reserve the right to cancel and refund your order at any time for any reason.
 
Similar or equal tickets listed on the Site may vary in description or price due to the large number of ticket sellers listing tickets. It is your responsibility to resolve any possible inconsistency or discrepancy in the ticket location, description, or price by calling our call center at 1-888-622-5319 before the order is placed.
 
Orders and Sales:
An order is an offer to purchase certain tickets. You create an order by filling out and submitting the information requested on the Site. Once you submit the requested information, you have created an order and you cannot cancel or retract it. When an order is submitted, we will place a hold on your credit or debit card for the funds necessary to purchase the tickets. You will receive an email acknowledging your order promptly after submission of the order. Our acknowledgement does not complete the sale. Rather, a completed sale depends on the Seller’s acceptance of the order and notice of confirmation to you that the order is accepted. Upon the Seller's acceptance of the order, your credit or debit card used in placing the order will be charged. A large number of ticket resellers use the Site to sell their tickets and we are not responsible for any errors in the inventory listed for sale. If an error is found while processing your order, you will be notified of the error and provided with available options, including the option of cancelling your order.
 
Event Dates and Times:
Event date, times, venue, and subject matter may change. We may not have any notice of such changes. It is your responsibility confirm with the entity putting on the event any changes to the event date, time, venue, or subject matter. A venue, promoter, or entity putting on the event may relocate a ticket holder’s seat or otherwise change the seating configuration in a manner beyond our control . We are not responsible for any such change and are not obligated to provide a refund or any other compensation in the event of such change.
 
Denial of Admission:
If you have difficulty getting into an event using the ticket you purchased from us, you must call us at 888-622-5319 immediately. If the difficulty is not resolved, it is your responsibility to obtain proof from the venue of denied admission. If we receive valid proof from you that the ticket failed to provide you entry, or if we otherwise determine in our sole discretion that the ticket was invalid, your sole remedy will be to receive a full refund of the cost of the ticket including all fees and delivery charges.
 
Due to public health safeguards required by COVID-19 pandemic, your tickets and admission to the event are subject to all safety and health policies required by the venue where you will attend the event. You agree that, as deemed necessary by the venue, the venue may continue to develop and update these policies between the time that your purchase occurs and the event date. By using tickets, you agree that you will comply with such policies and your attendance at the event is conditioned on such compliance. If your admission to the event is denied or revoked because you have willfully failed or refused to comply with any such safety and health policies of the venue, you will not be eligible for any compensation from BoldTicket.com.
 
Delivery of Tickets:
Tickets will typically be delivered by the method and timeframe designated in the ticket listing. Photo ID may be required to accept delivery. For listings with no designated delivery method, tickets may be shipped via our preferred carrier, UPS. Tickets may not ship immediately. There is no guarantee of delivery any sooner than one hour prior to the event.
 
When a ticket listing designates delivery types such as “e-Tickets” or “instant download,” such tickets will typically be delivered as designated. However, the ticket seller may sometimes require additional verification or the ticket may be subject to delays by the ticket seller. There is no guarantee of delivery any sooner than one hour prior to the event.
 
If tickets are to be delivered on the day of the event, in our sole discretion, we may deliver the ticket by email, courier, will call at the venue, or pick up at a location designated by us.
 
It is your responsibility to contact us if you do not receive tickets 48 hours prior to the event. Failure to do so may disqualify you from receiving a refund for any ticket you claim was not delivered, unless failure to receive notice is waived by us in our sole discretion.
 
Lost, Stolen, or Damaged Tickets
 We are responsible for lost, stolen, damaged or destroyed tickets. We are not usually able to replace the tickets and we have no obligation to replace the tickets. Note that direct sunlight or heat can damage certain types of tickets. Please keep your tickets in a safe place.
 
If you would like us to submit a request to the Seller for a re-issue of tickets, the reissue fee is 15% of the order total (maximum of $200.00).  If the Seller is unable to receive the re-issue of the tickets, you will be refunded the reissue fee.
 
Payment Options:
By submitting an order on the Site, you grant our Vendor permission to charge your credit or debit card for the purchase of tickets. Our Vendor accepts Visa, Mastercard, Discover, American Express, and PayPal.
 
Disputed Charges: You are responsible for any and all fees incurred by you or by us associated with your disputed charges and chargebacks for purchases made, or tickets listed, on this Site.
 
Tax:
You are responsible for paying any sales taxes that may be applicable to your purchase.
 
Your Behavior:
By purchasing tickets on the Site, you agree to abide by all rules and policies of the venue, promoter, and anyone else responsible for putting on the event. If you do not abide by such rules or policies, you will be subject to all applicable fines and legal or other expenses associated therewith. Further, should any violation of such rules or policies result in the loss of the Seller's season ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you shall be held liable for all reasonable costs, expenses and losses associated with said loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
 
Disclaimer:
We are not the official box office of any venue, entity, or organizing group. We are not affiliated in any way with any venue, promoter, team, league or official organizer.
 
Processing Services:
The Vendor is a third-party service provider. The Site is a licensee of the Vendor’s services. The Vendor and the Site are not partners, joint-venturers, and do not have any relationship other than that of licensor and licensee. The Vendor does not design or market the Site. The Vendor performs certain services related to your purchase on the Site. These services include but are not limited to: (i) processing orders; (ii) verifying order details; (iii) confirming validity of payment information; (iv) charging your credit or debit card; and (v) coordinating the delivery of purchased tickets.
 
Unlawful Activity:
You may not use the Site in an unlawful way or in connection with any unlawful conduct. You must comply with all local, state, federal and international laws, ordinances and regulations. You agree not to provide any false Personal Information or use an invalid or unauthorized credit or debit card. You agree not to use or permit anyone else to use information provided through the Site for any unlawful or unauthorized purpose.
 
Investigations and Consequences:
If we believe you may have violated these Terms or if we receive a complaint about you, we may investigate you. You agree to cooperate fully in such investigation by providing any and all information requested by us and by complying fully with any other request made by us. If we find, in our sole discretion, that (i) you are not cooperating with any investigation; (ii) you have engaged in any illegal, unlawful or fraudulent conduct, have violated these Terms or applicable law, or have acted in concert with anyone so engaged; or (iii) you have provided information that we cannot authenticate or verify,   we may take any actions that we deem appropriate. Such action may include, but is not limited to, canceling orders, issuing a warning, blocking your access to the Site, or preventing you from finalizing pending transactions.  We may also exercise any other remedy available to us, including civil, criminal, or injunctive redress. You agree that monetary damages do not provide a sufficient remedy to us for violations of these Terms and may be difficult to ascertain or calculate and you consent to injunctive or other equitable relief for such violations.
 
 We reserve the right to report to appropriate law enforcement authorities or other relevant third parties any activity that we believe may in any way violate any local, state, federal or international law.
 
 
PRIVACY POLICY
 
Your access to this Site and all communications between you and us are subject to the privacy policy found herein (“Privacy Policy”). When you use this Site to browse, search for or buy tickets, you are subject to this Privacy Policy.
 
The Privacy Policy covers our treatment of personal or personally identifiable information by the that may be collected when you are on the Site and when you use the Site and its services. "Personal Information" means your name, company name, address, telephone number, and e-mail address. You can browse this Site without revealing your Personal Information. However, most of the services require you to provide Personal Information. By providing Personal Information, you expressly consent to the collection, use, disclosure, and retention of your Personal Information as further described in this Privacy Policy.
 
Except as otherwise expressly included herein or in the Privacy Policy, we do not control the privacy policies of third-parties and you are subject to the privacy policies of those third-parties where applicable.
 
The Site reserves the right to modify this Privacy Policy at any time, so please review it frequently. When the Site changes the Privacy Policy, the Site will indicate that the Privacy Policy has been changed on the appropriate page of the website so that you are aware of what information is collected, how it is used, and under what circumstances, if any, it is disclosed.
 
How much information must I share?
The amount and type of information collected from you depends on your activities and how you use the Site. In the following paragraphs we explain what information we collect.
 
When you browse the Site: We keep track of pages you visit to help provide you with a more personalized shopping experience.
 
When you make purchases through our Site: We collect your name, billing address and payment information (such as your credit card number and expiration date) in order to process your order.
When you communicate with us through our Site: We collect your e-mail address and the other information that you provide in order to respond to your communication.
 
When you enter contests, participate in surveys, or register for other activities on our Site: We collect your name, e-mail address and telephone number, and the other information that is required for entry or participation, which varies depending on the activity.
 
Cookies
A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this Site. We do not link the information we store in cookies to any personally identifiable information you submit while on our Site.
 
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our Site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.
 
We set a persistent cookie to store your email address, so you only have to enter it once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our Site.
 
We collect information contained in cookies, such as your purchases and log in data, to personalize your shopping experience. Your browser must accept cookies if you wish you add items to a shopping cart.
 
Third Parties
 
We use other third parties including, but not limited to, a shipping company to ship tickets and a credit card processing company to bill you for goods and services. We will share your name, email address, billing and shipping address, and credit card information as necessary for the third party to provide that service.
 
These third parties are prohibited from using your personally identifiable information for promotional purposes unless acting on behalf of us.
 
Our Site may include links to other websites whose privacy practices may be different than ours. If you submit personally identifiable information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.
 
Will my personal and account information be provided to any other party?
 
We restrict access to your personal and account information to those who need access to use it as set forth in this policy. Your personal and account information will never be sold, shared, rented or traded to third parties except under the following circumstances:
 
We may disclose your personal and account information to respond to subpoenas, court orders, or other legal process, as required by law, or to establish or exercise our legal rights or defend against legal claims.
Your personal and account information may be disclosed in connection with a sale of some or all of our business or a merger with another company.
 
We may disclose your personal and account information when we believe it is necessary to protect the rights, property, or safety of us, our users, or others. This includes exchanging information with other companies, organizations, or agents of the customer for fraud protection. However, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information for commercial purposes in violation of the commitments set forth in this Privacy Policy.
 
Is my Personal Information used for any other purpose?
 
We may use your Personal Information to provide products or services you have requested, respond to a communication from you, contact you, and as otherwise described in this policy.
If you use our services, we may send you updates on important information about our company and services.
We may occasionally send you promotional or product information. If you do not wish to receive promotional or product information, you may opt out of future communications by following the instructions in the e-mail communication.
We may also analyze and act upon your Personal Information as part of our standard business practices. This may be changed at any time as detailed below.
 
How do you protect my personal and account information?
 
We protect your personal and account information using generally accepted industry standards, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, so we cannot guarantee its absolute security.
 
What should I do if I need to update or correct my Personal Information?
 
If you want to update or correct your Personal Information, please call or email us at the number or email listed below. We will respond to your request within a reasonable timeframe.
 
Retaining your information
 
We will retain your information for as long as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to request that we no longer use your information to provide you services, please contact us using the methods listed below.
 
How can I give you feedback or contact you?
 
You can reach us by email at [email protected] or you can call us toll-free at 888-622-5319. Please note that messages become our property and, unless you direct otherwise, may be used by us for promotional purposes.
 
Additionally, you may write us at
 
BoldTicket.com
Attn: Privacy Policy Feedback
8547 E Arapahoe Rd, Unit J164
Greenwood Village, CO 80112
[email protected]
 
This Privacy Policy was last updated on May 13, 2020.
 
Indemnification:
You agree to indemnify, defend and hold the Site and the Vendor, and each of its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents, and other representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly from: (a) your breach of any of these Terms; (b) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree, or any dispute concerning the tax status of the Site or the Vendor; (c) any allegation that any information you submit or transmit to the Site infringes on or violates the copyright, trademark, trade secret or other intellectual property, or other rights of any third party; (d) any acts or omissions in connection with your use of this Site; and (e) any claim brought by a third party against any of the Indemnified Parties in respect of which recovery may be sought under clauses (a) through (d) above. These indemnification provisions survive the termination of this Agreement.
 
Disclaimers and Limitations on Liability:
NO WARRANTY: THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS” AND WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BOTH THE SITE AND THE VENDOR DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE PROVIDED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. NEITHER THE SITE NOR THE VENDOR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. NEITHER THE SITE NOR THE VENDOR WARRANT THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NEITHER THE SITE NOR THE VENDOR ARE RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOU MUST ACT REASONABLY IN ALL RESPECT AND USE JUDGMENT AND CAUTION AS APPROPRIATE.
 
LIMITATION OF LIABILITY: NEITHER THE VENDOR NOR THE SITE NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO INDEMNIFIED PARTY SHALL HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER RELATED TO THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE SERVICE OR THE SITE; (III) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (IV) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (VI) ANY UNAUTHORIZED ACCESS; AND/OR (VII) ANY LOST, STOLEN OR DAMAGED TICKETS. IF YOU ARE DISSATISFIED WITH THE SITE YOUR ONLY REMEDY IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF SITE, THE SERVICE AND ANY OTHER INDEMNIFIED PARTY FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 
Copyright Infringement:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Site’s copyright agent with the following information: (a) a document signed by the holder of the copyright interest authorizing the person contacting the Site regarding an alleged copyright infringement on behalf of the holder of the copyright interest to act on behalf of such holder; (b) a description of the copyrighted work that has allegedly been infringed; (c) a description of where the allegedly infringing material is located on the Site; (d) the address, telephone number and email address of the holder of the copyright interest; (e) a statement by the holder of the copyright interest that it has a good faith belief that the disputed use is not authorized by the copyright holder, its agent, or the law; and (f) a statement by the holder of the copyright interest, made under penalty of perjury, that the above information in such notice is accurate. Our Copyright Agent for notice of claims of copyright infringement can be reached at: boldticket.com, Attn: Legal, 8547 E Arapahoe Rd, Unit J164, Greenwood Village, CO 80112.
 
Ownership:
All Site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) (our “Intellectual Property") is owned or licensed by Site and/or the Vendor and will remain so owned or licensed. You may not use any of our Intellectual Property in any manner that is likely to cause confusion with respect to the Vendor’s or Site's business, or in any manner that disparages Site or the Vendor. Your use of the Site does not give you any ownership or licensing rights, and nothing contained on the Site grants by implication, estoppel or otherwise, any license or right to use any Intellectual Property without the express written permission of Site or the Vendor, respectively. The violation of applicable intellectual property laws may give rise to civil and/or criminal penalties.
 
Dispute Resolution:
 
Mediation
Prior to commencing any arbitration related to this Agreement, you must first contact our Customer Service Department at 888-622-5319. If our Customer Service Department is unable to achieve a satisfactory resolution, then you must notify us in writing about your claim by sending the accompanying form by certified mail to:
 
BoldTicket.com
Attn: Legal
8547 E Arapahoe Rd, Unit J164
Greenwood Village, CO 80112.
 
It is important that you provide as much information as possible. Our representative will respond within thirty (30) days of receiving this notice. If the matter is not resolved to your satisfaction, then you may commence arbitration as delineated below.
 
Binding Arbitration
Any dispute, claim, interpretation, controversy, or issues of public policy arising out of or relating to this Agreement, including the determination of the scope or applicability of this section, will be determined exclusively by arbitration held in Denver, Colorado, and will be governed exclusively by the Colorado Uniform Arbitration Act, C.R.S. §§ 13-22-201, et seq. (the “CUAA”).
The arbitrator will be selected from the roster of arbitrators at Judicial Arbiter Group, Inc. in Denver, Colorado (“JAG”), unless the Parties agree otherwise. If the Parties do not agree on the selection of a single arbitrator within ten (10) days after a demand for arbitration is made, then the arbitrator will be selected by JAG from among its available professionals. Arbitration of all disputes and the outcome of the arbitration will remain confidential between the Parties except as necessary to obtain a court judgment on the award or other relief or to engage in collection of the judgment.
The Parties irrevocably submit to the exclusive jurisdiction of the state courts located in Denver, Colorado, with respect to this section to compel arbitration, to confirm an arbitration award or order, or to handle court functions permitted under the CUAA. The Parties irrevocably waive defense of an inconvenient forum to the maintenance of any such action or other proceeding. The Parties may seek recognition and enforcement of any state court judgment confirming an arbitration award or order in any United States state court or any court outside the United States or its territories having jurisdiction with respect to recognition or enforcement of such judgment.
This provision for arbitration will not preclude a party from seeking temporary or preliminary injunctive relief (“Provisional Relief”) in a court of law while arbitration proceedings are pending in order to protect its rights pending a final determination by the arbitrator, nor will the filing of such an action for Provisional Relief constitute waiver by a party of its right to seek arbitration. Any Provisional Relief granted by such court will remain effective until otherwise modified by the arbitrator.
THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE CLASS-WIDE ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF AN INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS
 
You can choose to reject this agreement to arbitrate. You must notify us in writing within thirty (30) days of the date that you first access this Site if you do not wish to be bound by this arbitration agreement. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with the Site  through arbitration. Mail your written notification by certified mail to:
 
BoldTicket.com
Attn: Legal
8547 E Arapahoe Rd, Unit J164
Greenwood Village, CO 80112.
 
This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms.
 
For transactions involving tickets to events in Illinois, pursuant to 815 ILCS 414/1.5(c), the Parties may elect to submit complaints against one another to the AAA, under its rules and procedures. Such complaints shall be decided by an independent arbitrator in accordance with these Terms and you, the Service and Site further agree to submit to the jurisdiction of the state of Illinois for complaints involving a ticketed event held in Illinois.
 
Attorneys’ Fees and Costs
In addition to any relief, order, or award that is entered by the arbiter, any Party found to be the substantially losing Party in any Proceeding shall be required to pay the reasonable attorneys’ fees and costs of any Party determined to be the substantially prevailing Party, and such losing Party,  shall also reimburse or pay any of the arbitrator’s fees and expenses incurred by the prevailing Party in any arbitration. In the context of this Agreement, reasonable attorneys’ fees and costs shall include but not be limited to:
 
  1. legal fees and costs, the fees and costs of witnesses, accountants, experts, and other professionals, and any other forum costs incurred during, or in preparation for, a Proceeding;
  2. all of the foregoing whether incurred before or after the initiation of a Proceeding; and
  3. all such fees and costs incurred in obtaining Provisional Relief.
 
It is understood that certain time entries that may appear in the billing records of such Party’s legal counsel may be redacted to protect attorney-client or work-product privilege, and this will not prevent recovery for the associated billings (and if necessary, the arbitrator may require that such records be submitted to the arbitrator for in camera review by the arbitrator).
 
 
Additional Provisions
 
Governing Law:
This Agreement, the use of the Site, the services provided by the Site, and any purchase or sale of tickets hereunder shall be governed by, and construed in accordance with, the Laws of the State of Colorado, excluding all choice of law provisions. With respect to disputes not properly subject to binding arbitration as set forth above, the Parties hereby exclusively and irrevocably submit to, and waive any objection against, the personal jurisdiction and venue of the State Courts of the State of Colorado located in the City and County of Denver, Colorado.
 
Headings:
The heading at the beginning of each paragraph is for reference purposes only and does not define the scope or extent of such paragraph.
 
Modification:
The Site has the right, in its sole discretion, to modify, suspend or discontinue any part of the Site, including these Terms of Use at any time, with or without notice.
 
Access to the Site:
The Site, in its sole discretion, may terminate your access to the Site at any time without cause and without notice.
 
Entire Agreement:
These Terms supersede all prior discussions and agreements between the Parties with respect to the subject matter hereof and contains the sole and entire agreement between the Parties with respect to the subject matter hereof. The Parties may amend any provision of this Agreement only by a written instrument signed by the Parties
 
No Relationship:
Your use of the Site does not create and is not intended to create any agency, partnership, joint venture, or other relationship with anyone including the Site and the Vendor.
 
Invalid Provisions; Severability:
If a dispute between the Parties arises out of this Agreement or the subject matter of this Agreement, the Parties would want a court or arbitrator to interpret this Agreement as follows:
 
  1. with respect to any provision held to be unenforceable, by modifying that provision to the minimum extent necessary to make it enforceable or, if that modification is not permitted by law or public policy, by disregarding the provision;
  2. if an unenforceable provision is modified or disregarded in accordance with this Section by holding the rest of the Agreement will remain in effect as written;
 
  1. by holding that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable; and
 
  1. if modifying or disregarding the unenforceable provision would result in a failure of an essential purpose of this Agreement, by holding the entire Agreement unenforceable.
 
Upon the determination that any term or other provision of this Agreement is invalid, illegal, or incapable of being enforced, the Parties shall negotiate in good faith to modify this Agreement so as to affect the original intent of the Parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent possible