Terms & Conditions

M2 TICKET CONCIERGE, LLC TERMS AND CONDITIONS

The following are the rules ('TERMS') that govern use of the website (“SITE”) of M2 Ticket Concierge, LLC (“COMPANY”) by anyone who accesses the SITE, including (but not limited to) buyers purchasing tickets on 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.  COMPANY reserves the right to change these TERMS at any time, effective immediately upon posting on the SITE. If USER violates these TERMS, COMPANY 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.

COMPANY, through SITE, acts as a marketplace, 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 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.

By using or visiting SITE or purchasing tickets in any manner from COMPANY, YOU expressly agree to abide and be bound by these Terms and Policies, as well as all applicable laws, ordinances and regulations.

1. 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 generally will not need to be issued; in the rare case that new tickets are needed, USER will be contacted by TICKET SELLER.

2. EVENT LISTINGS

COMPANY 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. Event start times are subject to change without notice. Changes to an event including but not limited to event location or venue, event start time, event date, performer list, performance type, length of event, and amenities included in a ticket package may be done at the discretion of the venue, team, performer, promoter or other party responsible for the event. COMPANY has no affiliation with any venue, team, performer, promoter, or other party responsible for the event, and COMPANY has no control over such changes, nor can COMPANY be liable for any such changes. USER agrees to visit the website of the venue, stadium, team, or performer to find out if there have been any adjustments to any information relating to the event.

3. CANCELLATION WITHOUT RESCHEDULING

If an event is canceled without a rescheduled date, USER will need to contact the TICKET SELLER who fulfills USER's order (hereinafter known as '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. COMPANY 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 COMPANY or FULFILLER. Neither COMPANY 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.

4. TICKET PRICING AND ‘FACE VALUE’

Tickets obtained 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 (though tickets may be sold at a lower price as well). All ticket prices include additional service charges and handling fees as defined on each order. COMPANY and TICKET SELLERS are not directly affiliated with any performer, sports team, or venue; and COMPANY / 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.

5. TICKET AVAILABILITY

COMPANY cannot and does not 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 listings on SITE may only be representations of available tickets or an offer by COMPANY to obtain 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, which will be at TICKET SELLER’s discretion. COMPANY is not responsible if USER is not satisfied with alternate seat locations. If no alternatives 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 USER's request has been rejected.

6. ORDERS PLACED THROUGH SITE

1. Orders. Orders placed through SITE will be fulfilled by one of COMPANY’S network of participating TICKET SELLERS. Contact information for the FULFILLER will be provided to USER upon completion of the purchase process. If this information is lost, USER may contact solutions@m2concierge.com to retrieve information about the order. USER should carefully enter all required information when submitting an order. USER is responsible for any errors made when entering their information, errors may result in issues such as a delay in processing the order or in delivery of tickets or in cancellation of order.
2. Setting Up Account. 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. To order tickets, 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 COMPANY at solutions@m2concierge.com should USER know, or have reasonable grounds to suspect, that the Username or password have been compromised. COMPANY shall not be responsible for USER'S failure to abide by this paragraph. COMPANY may, in its sole discretion, terminate the USER'S account for any reason. Under no circumstances shall COMPANY be liable to any USER or third party for termination of USER'S account. ALL REGISTERED USERS MUST BE OVER EIGHTEEN (18) YEARS OF AGE.

7. ZONE TICKETS; TICKETS NOT IN HAND

For certain live events, COMPANY permits a limited number of pre-approved TICKET SELLERS to offer tickets for sale that they do not currently possess. These tickets may be marked on the listing as 'Zone Tickets' or as 'tickets not in hand'. If USER purchases Zone Tickets or tickets marked as 'not in hand', TICKET SELLER is committing to obtain the tickets described for USER upon receipt of USER’S order.

8. MONEY BACK GUARANTEE

Tickets sold on this SITE are backed by COMPANY’S money-back guarantee. In the unlikely event that USER does not receive valid tickets in time to attend the event, you will be provided with a full refund. For electronically-issued tickets, receipt when the doors to the event open is the deadline to receive tickets. For hard-copy tickets, three hours prior to when the doors to the event open is the deadline to receive tickets.

9. PRICING AND PAYMENT

1. 1. US Dollars. All prices are in United States Dollars (USD) unless otherwise specifically stated. COMPANY cannot confirm the price for any products or services purchased on the SITE until after an order is completed by USER. Despite COMPANY’S best efforts, a small number of products and services listed on the SITE may be priced incorrectly. If the FULFILLER discovers the actual correct price is higher than the stated price, the FULFILLER will either complete the order at the original stated 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.
   2. Ticket Pricing. Ticket prices will include:

• • The cost of the ticket;
  • A Service Fee, which is a cost per ticket associated with SITE operation, customer service center operation, obtaining tickets on behalf of USER and other costs associated with the fulfillment of USER's ticket request;
  • A Delivery Fee, which is the cost associated with the Delivery Method chosen by USER and the SITE'S arrangement of USER's ticket delivery by the FULFILLER; and
  • Appliable taxes (which TICKET SELLER is responsible for charging, collecting, and remitting).

Note that, for taxes, TICKET SELLER is responsible for keeping abreast of all changes to the tax withholding requirements and amounts in the various tax jurisdictions where TICKET SELLER sells tickets, and, for determining whether any taxes are due for any tickets sold and, except for states for which COMPANY has informed TICKET SELLER that COMPANY will collect certain taxes, , for collecting and remitting such taxes in accordance with applicable law. Except for states for which COMPANY has informed TICKET SELLER that COMPANY will add taxes to the checkout calculation, TICKET SELLER shall include any applicable sales, use, excise, service and other taxes in the ticket price. TICKET SELLER shall provide COMPANY with any information COMPANY requires in order to enable COMPANY to report information regarding payments COMPANY has made to TICKET SELLER to relevant tax authorities including but not limited to employer identification number, social security number, or tax id number and TICKET SELLER authorizes COMPANY to release that information to the relevant tax authorities.

C. Payment

• • • Credit Card Charges. USER's credit card will be charged by FULFILLER responsible for fulfilling their order and not COMPANY. If USER has any questions about charges on USER's credit card statement, USER should contact COMPANY at or direct USER's question to FULFILLER responsible for completing the ticket order. FULFILLER may charge or authorize USER's credit card in advance of confirming ticket availability. If tickets are ultimately found to be unavailable, then either 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. Though the 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.
    • Third Party Payment Platforms (Paypal, ApplePay, etc.) If USER completes a transaction on SITE using a Third Party Payment Platform, such third party services may be subject to their own separate policies, Terms of use, and or fees of said third parties. COMPANY has no control over Third Party Payment Platforms. By using a Third Party Payment Platform, USER is deemed to have accepted those parties’ own Terms and conditions by completing the transaction using the Third Party Payment Platform. The name on the transaction of USER's Third Party Payment Platform account will be 'My Ticket Tracker.' If USER has any questions about the transaction on the Third Party Payment Platform account, USER should contact solutions@m2concierge.com.
    • Collecting Payment for Orders. USER agrees that FULFILLER has the right to collect payment for any order if FULFILLER has shipped the items purchased to USER. If a third party provider error, system error, or other payment processing error or problem of any kind results in an unprocessed payment and therefore USER's payment card is not charged the total amount due even though the item(s) were shipped to USER, USER hereby authorizes FULFILLER to collect the amount of the total amount due, unless expressly prohibited by law, through whatever means FULFILLER deems appropriate. USER shall be responsible for any and all legal fees or collection costs incurred by USER, FULFILLER, and/or COMPANY associated with collecting payment. In no event will COMPANY or FULFILLER be responsible for such collection costs or legal fees.
    • Security of Card Holder Data. COMPANY does not typically maintain USER credit card or other personally identifiable information for long periods; such information is processed through Third Party Payment Platforms. Those Third Party Payment Platforms and/ or FULFILLER are responsible for the security of the cardholder data. If COMPANY does need to maintain such information, then COMPANY will securely retain USERS’s credit card information and other sensitive personal data, and only transmit it as is necessary to meet these TERMS and the PRIVACY POLICY.

D. Chargebacks. If USER contacts USER’s bank or credit card company to decline, charge back, or reverse the charge of any fees to COMPANY, or ‘charge back’ those fees to COMPANY, COMPANY may automatically terminate USER’s account and any open orders for tickets.  COMPANY reserves the right to dispute any chargeback a USER initiates.

E. International Orders. International orders placed by a USER outside of the United States may be subject to delayed processing. COMPANY recommends that any USER placing an order on the COMPANY from outside the U.S. contact their credit card company or financial institution prior to placing an order to prevent unnecessary delays or holds. Neither COMPANY nor FULFILLER shall be responsible for delays, holds, or any extra fees associated with placing an International Order.

F. Disputed Charges. By placing an order, USER authorizes COMPANY to charge USER's method of payment for the total amount (see section 7.B). If USER disputes a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, COMPANY has the right to seek payment, including all associated fees, by whatever means COMPANY deems appropriate, including but not limited to using collection agencies and legal remedies. COMPANY may mitigate its damages by relisting the tickets that are the subject of the payment dispute. USER may lose access to any/all tickets purchased if USER files a dispute with their issuer.

G. Fraudulent Use. To protect USER from fraud, USER may be required to provide additional proof of identity 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.

10. BEHAVIOR POLICY AT VENUES

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 or denied entry 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. In addition, all costs associated with the purchase of event tickets will not be refundable. Further, should the ejection result in the loss of the TICKET SELLER's right to use any other tickets, including 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.

11. TICKET DELIVERY

1. 1. Delivery. All orders are delivered to USER using the delivery method chosen when USER finalizes 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. USER is responsible to provide the correct shipping address at the time of purchase. COMPANY and SELLER will not provide refunds if USER provides incorrect shipping information. USER must contact SELLER or COMPANY customer support at solutions@m2concierge.com if USER has not received an email with tracking information. By placing an order, USER understands and agrees to the following shipping Terms.
   2. Shipment Delays. Event tickets are generally delivered according to the delivery method selected at the time of ticket checkout. Most tickets are shipped the same business day in which the order is received or, if an order is placed after business hours, tickets 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 and other Nevada events. Delivery may also be delayed due to the actions of the performer, venue, or team. 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.
   3. Tracking Shipments. USER will be provided with account access information that will allow them to view the status of their order, tickets 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.
   4. 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.
   5. 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 may, at its 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's responsibility to take steps ensuring receipt of the tickets. Should the package containing tickets be refused, undelivered, or returned, refunds or credits will not be issued by FULFILLER as per section 1 of these Terms. If a package has been returned and must be re-shipped by the FULFILLER, it is USER’s responsibility to contact the FULFILLER for re-shipping options. By using the SITE, USER understands and acknowledges that additional delivery fees may be charged prior to reshipping.
   6. E-Ticket Download. Electronic tickets or 'e-tickets', including those 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. 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 the USER must have access to a printer from which to print the tickets. USER is responsible for contacting solutions@m2concierge.com should USER not receive the email instructions, be unable to download the tickets, or be unable to print the tickets. Neither COMPANY nor FULFILLER will issue refunds for USER's failure to provide a correct email address or failure to print the tickets.
   7. 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 solutions@m2concierge.com should USER not receive the email instructions, be unable to accept the ticket transfer, or be unable to locate the ticket transfer email. Neither COMPANY nor FULFILLER will issue refunds for USER'S failure to provide a correct email address or accept ticket transfer offer. Neither COMPANY nor FULFILLER will issue refunds in the event a USER declines the ticket transfer offer.
   8. Local Delivery. If USER selects to have the tickets delivered to a designated location, 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 card 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 COMPANY nor FULFILLER will issue refunds for USER'S failure to provide a valid government-issued ID or other required documentation for release of tickets or if USER does not pick up tickets from a designated location.
   9. 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. The  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.
   10. Denial of Entry to an Event. If USER is having difficulty using the tickets to gain entry to the event at the venue, USER should contact COMPANY immediately by emailing solutions@m2concierge.com. If COMPANY is not able to resolve the matter and USER is denied entry by the venue, USER may be eligible for a refund. To be eligible for a refund, USER must obtain written, photographic, or videographic proof from the venue showing that USER was denied entry to the event, and must email that proof along with a description of the circumstances to COMPANY at solutions@m2concierge.com  within ten (10) days of the event.
       
       If COMPANY receives the email with proof from the venue and USER's description of the circumstances of the denied entry within ten (10) days of the event, COMPANY will investigate USER's claim. If COMPANY, in its sole discretion, determines that USER was denied entry USER will receive a refund of the cost of the tickets and all fees and shipping charges. The refund will be USER's sole remedy for the denied entry.

12. PERMITTED USE OF THE SITE

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 COMPANY 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.

13. CANCELLATION OF SITE ACCESS

COMPANY reserves the right to terminate the access of USER should SITE know, or have reasonable grounds to suspect that USER has entered false or misleading information during the registration process. Children under the age of eighteen (18) shall not be permitted to register, and if they are discovered to have used the SITE their access will be terminated immediately. COMPANY reserves the right to require valid credit card information as proof of legal age. COMPANY maintains a strict online Privacy Policy and will not sell or provide USER credit card information to third parties.

14. NO LIABILITY FOR THIRD PARTY ACTS

1. 1. Links to Third Party Sites and Apps. COMPANY may automatically produce search results that reference or link to third party websites throughout the Internet, such as Third Party Payment Processors, venue Sites, and the like. COMPANY has no control over these Sites or the content within them. COMPANY cannot guarantee, represent or warrant that the content contained in these third party Sites is accurate, legal and/or inoffensive. COMPANY does not endorse the content of any third party Site, nor does COMPANY warrant that those third-party Sites will not contain viruses, malware, trojans, or other software that may be injurious to others, or could 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 COMPANY 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 COMPANY at solutions@m2concierge.com and COMPANY will investigate USER'S claim and take any actions deemed appropriate at COMPANY’S sole discretion.
   2. FULFILLERS, TICKET SELLERS, and Others. COMPANY is a broker for tickets by facilitating sales between USERS and TICKET SELLERS and/or FULFILLERS. Those TICKET SELLERS and/or FULFILLERS are independent of COMPANY and COMPANY’S principals, owners, agents, affiliates, employees, and successors. SITE has no control over any TICKET SELLER, FULFILLER, or third party, and is not responsible for any acts taken by those parties, including any use or misuse of credit card information, payment information, or personally-identifiable information. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES, USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SITE’S SERVICE OR OTHERWISE RELATED TO USER’S USE OF THE SITE AND/OR THE SITE SERVICE. COMPANY IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE, PERFORMER (INCLUDING BUT NOT LIMITED TO THEIR PERFORMANCE, FAILURE TO PERFORM OR MODIFICATION OF THE PERFORMANCE OR EVENT IN ANY WAY), PROMOTER, OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
   3. Third Party Advertisers. COMPANY may allow third party advertisers to advertise on the SITE. COMPANY undertakes no responsibility for USER'S dealings with, including any on-line or other purchases from, any third party advertisers. COMPANY shall not be responsible for any loss or damage incurred by USER in its dealings with third party advertisers.
   4. Disclaimers. COMPANY 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. COMPANY MAKES NO ASSURANCES THAT FILES AIzaSyAFUfr9sfxrqNUw99_4i0UTNpteVhM2CUYUSER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES, TROJANS, BOTS, CONTAMINATION, OR ANY OTHER DESTRUCTIVE FEATURES OR SOFTWARE. COMPANY 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.
   5. Limitation of Liability. USER acknowledges that COMPANY 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 COMPANY nor PROVIDER is involved in the actual transaction between buyers and sellers. While COMPANY and PROVIDER may help facilitate the resolution of disputes, neither COMPANY 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 COMPANY or PROVIDER is found to be liable, COMPANY’S or PROVIDER'S liability to USER or any third party claiming under USER is limited to the greater of (a) any amounts due under COMPANY’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 COMPANY or PROVIDER be liable to USER for any indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if COMPANY and/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.
   6. Indemnification. USER agrees to indemnify and hold COMPANY, its subsidiaries, affiliates, officers, agents, employees, owners, partners, and contractors harmless from any loss, liability, claim or demand of any type or nature arising from the use of the SITE, including reasonable attorneys' fees. Such indemnification includes USER'S use of the SITE to access a link to a third party website or app, uploading of information to the SITE, or any other use of the SITE.

15. PROHIBITED USERS

Children under the age of eighteen (18) are not permitted to use the SITE. The SITE shall also not be downloaded or exported to any country to which the United States has embargoed goods; or to any person on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders (the “LIST”).  By using this site, USER acknowledges that USER is neither located in, nor under the control of, such a country or person, or are on any such list. Further, by using the SITE, USER agrees to ensure that USER does not provide access to the SITE to any persons or entities on the LIST.

16. VIOLATION OF TERMS OF USE

COMPANY, in its sole discretion, and without prior notice, may terminate USER'S access to the SITE, cancel USER'S ticket order(s) or exercise any other remedy available to it. USER agrees that monetary damages may not provide a sufficient remedy to COMPANY for violations of these TERMS 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 COMPANY. COMPANY is not required to provide any refund to USER if USER is terminated as a USER of this SITE.

17. INTELLECTUAL PROPERTY

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 COMPANY and/or its affiliates. USER is only permitted to use the CONTENT as expressly authorized in writing by COMPANY or the specific provider of CONTENT. 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 COMPANY 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 COMPANY nor any of 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 COMPANY or any of its affiliates.

COMPANY 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, SITE will terminate the infringing USER'S rights to use and/or access to this SITE. COMPANY may, also in its sole discretion, decide to terminate a USER's rights to use or access to the SITE prior to that time if COMPANY believes that the alleged infringement has occurred.

Further, if USER provides any type of feedback to SITE, such as a review, COMPANY may opt to publish it in its entirety. If USER so requests, COMPANY will redact USER’s full name to simply a first name and initial. However, by providing said feedback, USER consents to SITE’s use thereof for as long as COMPANY wishes, without compensation.

18. 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 Commonwealth of Pennsylvania without regard to its conflict of law provisions.

19. ALTERNATIVE DISPUTE RESOLUTION

For any controversy, claim, dispute, or other action, arising out of or relating to the use of SITE which under applicable law is not subject to section 13.d of these TERMS, 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. COMPANY 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 a case, USER agrees to reimburse COMPANY for all monies previously disbursed by COMPANY 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 COMPANY, by telephone, or in person. COMPANY and USER shall both participate in the selection of an arbitrator. Any award issued through arbitration is enforceable in any court of competent jurisdiction. Arbitration shall take place in Delaware County, Pennsylvania.

BY AGREEING TO ARBITRATE, USER IS GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY AND ALL CLAIMS IN COURT BEFORE A JUDGE OR JURY. INSTEAD, A NEUTRAL ARBITRATOR WILL RESOLVE ALL CLAIMS. IF USER DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, USER MUST NOTIFY COMPANY IN WRITING WITHIN 30 DAYS OF THE DATE THAT USER PLACES AN ORDER ON SITE. USER's WRITTEN NOTIFICATION TO COMPANY MUST INCLUDE USER's NAME, ADDRESS AND ORDER NUMBER AS WELL AS A CLEAR STATEMENT THAT USER DOES NOT WISH TO RESOLVE CLAIMS WITH COMPANY THROUGH ARBITRATION.

Any arbitration or 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 this CLASS ACTION WAIVER may be determined only by a court and not by an arbitrator. USER and COMPANY 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 COMPANY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.

All CLAIMS brought by USER against COMPANY 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, COMPANY may recover attorneys' fees and costs up to US $1,000 from USER, provided that COMPANY 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 COMPANY.

1. 1. Illinois. Pursuant to 815 ILCS 414/1.5(c)(5), complaints involving tickets to events in Illinois may be resolved through binding arbitration and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. USER and FULFILLER agree to submit to the jurisdiction of the State of Illinois for such complaints.

20. FORCE MAJEURE

COMPANY shall not be deemed in default or otherwise liable under these TERMS 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, solar or magnetic flare which disrupts communications or other systems, 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 COMPANY’S control (hereinafter all of the foregoing is collectively referred to as 'FORCE MAJEURE'). Notwithstanding the foregoing, COMPANY 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.

21. UPDATES AND CHANGES

These TERMS may be updated at any time and for any reason. The most recent TERMS will always be posted on SITE in their entirety. Changes will be effective on the day that they are posted and will apply going forward. If USER does not want to agree to any changes to SITE, the best way to make that clear is to discontinue using SITE. If USER chooses to continue using SITE, USER is deemed to consent to all new TERMS.

22. MISCELLANEOUS

1. 1. Entire Agreement. These TERMS and the PRIVACY POLICY, and any changes thereto, are the entire agreement between USER and COMPANY respecting the services offered on the SITE. The TERMS supersede and replace any prior or contemporaneous understandings, agreements, terms, or conditions. USER acknowledges that USER has not relied on, and has no remedies in respect of, any term, warranty, condition, statement, or representation except as stated in the TERMS.
   2. No Beneficiaries. These Terms create no third party beneficiary rights.
   3. Notice. Notice shall be provided to each party via email. As to COMPANY, notice shall be to solutions@m2concierge.com. As to USER, notice shall be sent to the last known email address for USER. Notice shall be deemed received when sent, unless a bounceback notice is received from the recipient’s third-party server.
   4. No waiver. A party’s failure to enforce, or delay in enforcing, a Term is not a waiver of its right to enforce that Term, or any Term, later.
   5. Severability. If any Term is found unenforceable, the remaining Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
   6. Assignment. USER may not delegate, transfer or assign any performance under these Terms to a third party without COMPANY’S prior written consent, and any such attempt will be of no effect. COMPANY may delegate, transfer or assign performance under these TERMS or the TERMS themselves, in COMPANY’S sole discretion, to an affiliate or subsidiary or to any purchaser of any of COMPANY’S business or assets associated with the COMPANY.
   7. Translation. These TERMS are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
   8. No Relationship. These TERMS do not create a partnership, employer-employee relationship, agency relationship, or other type of relationship at law.
   9. No Third Party Beneficiaries. These TERMS do not create a third party beneficiary relationship between USER, COMPANY, and/or any other person or entity.

These Terms and Conditions were last amended on April 1 ,2024.