THE TICKETING CO. (TIXCO, LLC) PURCHASER TERMS, CONDITIONS AND POLICIES

Last updated January 2, 2024

PURCHASER TERMS, CONDITIONS AND POLICIES

TIXCO, LLC (“The Ticketing Co.,” “we” or “us”) is an independent American company in the business of providing reservations, tickets, memberships, certificates, admissions, and/or confirmations (“Services”) that allow ticket holders or purchasers (each, a "Patron") attendance at, access to, or participation in, events, venues and other activities produced by third party persons, organizations or other entities (“Event Producer”). Any purchases on The Ticketing Co.'s website or mobile application (“Site”) are subject to these terms and conditions (“Terms”). The Ticketing Co. serves as an intermediary between you (“you” or “Purchaser”) and Event Producer(s) for the purchase of an event ticket. The Ticketing Co. is in no way a party to any agreement made between you and the Event Producer formed through the purchase of a ticket.

1. TICKET DELIVERY.
1. Ticket delivery options are event specific and are determined by the applicable Event Producer, but may be affected by a variety of factors including venue restrictions, how much time is left before the event starts, etc. Please carefully review the list of event specific delivery options, which are listed on The Ticketing Co.'s Site. Once dispatched for delivery, Purchaser assumes all risk of ticket loss, theft, delay, damage, or destruction during delivery of tickets. Tickets lost, stolen, delayed, damaged, or destroyed during delivery will not be replaced. When purchasing or otherwise interacting with the Site, you must always use correct contact information. If there is doubt regarding the accuracy of the details provided by you, including payment information, The Ticketing Co. may contact you using your provided contact information. If The Ticketing Co. is unable to contact you to confirm your information, The Ticketing Co. will be authorized to cancel the transaction and sell the ticket(s) to other customers.
2. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so, are void.
3. It is unlawful to reproduce any tickets purchased on The Ticketing Co.’s Site in any form.
4. Tickets purchased on The Ticketing Co.’s Site are typically subject to a non-refundable per ticket service fee and a non-refundable per order processing fee. In many cases, non-refundable delivery charges will also be owed.
5. Event Producers may request your contact information including your phone number (at the point of contact or subsequent to a purchase or event registration) for promotions, and/or event updates. Should you choose to opt-in, you acknowledge that you are receiving SMS from the Event Producer(s) as a third party, and therefore you agree to indemnify and hold harmless TIXCO, LLC DBA The Ticketing Co. for any issues stemming from such third party communications. Please see our Privacy Policy for more information or contact us if you are having an issue with an Event Producer regarding communication issues. Please be advised that opting out of communications from Event Producer(s) does not include opting out from TIXCO, LLC communications.
2. PRICING, AVAILABILITY, AND SEATING.
1. The Ticketing Co. acts as a ticket seller on behalf of Event Producers, and doesn't set ticket prices, determine seating locations, or control ticket availability.
2. Event ticket prices are set by the Event Producer, and may be subject to separate venue fees or additional The Ticketing Co. fees for certain events.
3. All offers and prices are subject to change at any time at the discretion of the Event Producer or The Ticketing Co.
4. Seating charts may be provided for general reference, but specific seat locations, layouts and views may vary or be modified without notice for some events.
5. Tickets are sold through multiple distribution points with popular events potentially selling out quickly. Additional tickets may be available prior to the event, but The Ticketing Co. does not control ticket inventory or availability.
6. For some events, an affiliate of The Ticketing Co. may provide ticket sales through their own website or mobile application, in which case additional fees may apply.
7. If paying by credit card, the customer authorizes The Ticketing Co. to charge the credit card for all fees and to use a third party to process payments.
8. The Ticketing Co. is not responsible for ticket over-sales, seating information, or customer dissatisfaction with selected seating. Any disputes are to be addressed strictly between the purchaser and Event Producer/venue, with the explicit exclusion of The Ticketing Co. Service charges and mailing costs are not to be refunded due to customer seating dissatisfaction.
3. TICKET LIMITS. When purchasing tickets on The Ticketing Co.’s Site, you are limited to a specified number of tickets for each event (also known as a maximum “ticket limit”). This policy is in effect to discourage unfair ticket buying practices. This ticket limit is posted during the purchase process and is verified with every transaction. The Ticketing Co. reserves the right to cancel any or all orders and tickets without notice if you exceed the posted limits, including orders associated with the same name, e-mail address, billing address, credit card number, or other information.
4. WILL CALL LIST. Purchasers choosing to redeem ticket orders via the event Will Call List will not receive tickets in advance. Tickets or event entry can be redeemed at the event venue box office or point of entry unless otherwise instructed. PHOTO IDENTIFICATION and the ORIGINAL CREDIT CARD used to make the ticket purchase must be presented in order to redeem tickets and/or entry into the event. Refunds will not be granted if Purchaser fails to meet these requirements.
5. CANCELED/RESCHEDULED EVENTS. Event Producers, venues, or others outside the control of The Ticketing Co. may cancel, reschedule or re-locate events. While The Ticketing Co. may undertake efforts to inform you of a cancellation after it has received information from the Event Producer, it cannot guarantee that you will be informed of the cancellation prior to the event.It is your responsibility to check whether an event has been canceled or rescheduled and to ascertain the new time or location. Should a cancellation, rescheduling or relocation occur, it is at the discretion of the Event Producer whether to refund the ticket price or exchange the tickets for a similarly equivalent event. If an event is rescheduled or relocated, the Event Producer may set their own refund and/or exchange limitations. The Ticketing Co. will provide instructions on the Site or via email regarding how to exchange specific event tickets or obtain ticket price refunds. Service charges and mailing costs will not be refunded in the event of a canceled or rescheduled event.
6. REFUNDS AND EXCHANGES.
1. ALL SALES ARE FINAL. Before purchasing tickets, carefully review your event details and seat selection. The Ticketing Co. will not refund or exchange tickets, unless the applicable event is canceled or rescheduled as described herein. Event tickets will not be replaced or refunded, including tickets that were lost, stolen, delayed, damaged, or destroyed during delivery to ticket Purchaser. All exchanges or refunds from canceled/postponed events may only be paid back via the original purchase method.
   1. If an Event Producer provides us with notice of an event cancellation, The Ticketing Co. will use reasonable efforts to provide timely notice of such cancellation to all individuals who have purchased tickets to such canceled event(s). The Ticketing Co. shall notify Purchasers about the specific timeframe within which the refund process will be initiated and no further action shall be required of the Purchaser.
   2. If an Event Producer provides us with notice of an event rescheduling or re-location, the initiation of the refund process shall not be automatically applicable and the tickets will remain valid for the rescheduled and/or relocated event date(s). If the Purchaser cannot attend the event on the rescheduled date or at the new location, it is their sole responsibility to request a refund through a formal refund request. The refund request must be submitted by the original Purchaser in a timely fashion in accordance with the notice provisions in order to initiate the refund process.
2. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased.
3. Without limiting the generality of the foregoing, you agree not to dispute or seek a "chargeback" from the banking institution or credit card company used to purchase tickets from The Ticketing Co.’s Site. If you do so, your tickets may be canceled. The Ticketing Co., at its sole discretion, may refuse to honor pending and future ticket purchases made from accounts associated with such chargebacks. Additionally, The Ticketing Co. may prohibit individuals with linked credit card accounts and online accounts, as well as anyone violating this provision, from accessing The Ticketing Co.’s Site.
7. ORDER CANCELLATION. Notwithstanding anything to the contrary contained herein, The Ticketing Co. reserves the right to cancel ticket orders for any reason including, but not limited to, incorrect billing information and fraudulent ticket purchasing.
8. RESALE OF TICKETS. Tickets purchased through The Ticketing Co. are for individual use only and are not for resale. Resale will automatically void tickets, barring refunds, exchanges, and entry into the event. Because The Ticketing Co. does not guarantee the authenticity of tickets purchased from any non-authorized third-party reseller (such as brokers or individuals), we recommend that you purchase tickets directly through The Ticketing Co., authorized partners or from the venue box office to ensure ticket authenticity.
9. NOTICES. Notices hereunder shall be in writing, via email (with written confirmation), facsimile (with written confirmation), or certified mail, return receipt requested. The date and time of confirmation (for facsimile or email) or certification shall be the date and time of such notice, unless such date and time do not fall between 9:00 a.m. and 5:00 p.m. (recipient’s time zone) on a business day, in which case the date and time shall be deemed to be 9:00 a.m. on the next business day. A courtesy copy of all notices to The Ticketing Co. shall be sent to Creative Law Network, LLC, 2701 Lawrence Street, Denver, CO 80205, Attn.: Dave Ratner, Email: dave@creativelawnetwork.com.
10. DISCLAIMER OF WARRANTIES; ACCESS.
1. You hereby understand and agree that The Ticketing Co.’s ticketing Services are provided on an “as is” and “as available” basis, and The Ticketing Co. expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. The Ticketing Co. makes no warranty that (i) the Services provided hereunder (or any portion of those Services) will meet your requirements or expectations; (ii) The Ticketing Co.’s Services will be uninterrupted, timely, secure, or error-free; or (iii) the results that may be obtained from the use of The Ticketing Co.’s Services will be accurate or reliable.
2. You hereby understand and agree that The Ticketing Co.’s Site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which The Ticketing Co. may undertake from time-to-time; or (iii) causes beyond The Ticketing Co.’s reasonable control or which are not reasonably foreseeable, such as acts of government or the malicious or criminal acts of third parties.
11. LIMITATION OF LIABILITY. You understand and agree that Ticketing Co. is in no way responsible or liable for the event(s) for which you may purchase tickets, with such responsibility and liability being solely with the Event Producer. You hereby release and hold harmless The Ticketing Co. and all its respective agents, affiliates, associates, officers, members, managers, contractors, and employees (collectively, “Released Parties”) from any and all claims, demands, losses, damages, liabilities, suits, actions, and expenses (including, without limitation, reasonable attorneys’ fees) on account of any dispute, bodily injury, death, or property or personal damage arising out of or in connection with the applicable event. The Ticketing Co. will only be liable by reason of an attributable failure to provide a viable ticket if the customer has promptly given The Ticketing Co. notice of default in writing and The Ticketing Co. has not remedied such breach within a reasonable amount of time.
12. FORCE MAJEURE. The Ticketing Co. will not be liable for failure to perform any obligation under these Terms if such failure is caused by internet outages or delays, unauthorized access, earthquakes, communications outages, fire, flood, war, an Act of God, or the occurrence of any other unforeseen contingency beyond the reasonable control of The Ticketing Co.
13. PRIVACY. The information The Ticketing Co. may obtain through your use of our Services and through your use of The Ticketing Co.’s Site is subject to The Ticketing Co.’s Privacy Policy which is specifically incorporated by reference into these Terms.
14. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE TICKETING CO. AND ITS OFFICERS, DIRECTORS, AGENTS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY AND ALL DAMAGE (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSS, LIABILITY, COST AND EXPENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' AND ACCOUNTING FEES) RESULTING FROM ANY CLAIM, DEMAND, SUIT, PROCEEDING (WHETHER BEFORE AN ARBITRATOR, COURT, MEDIATOR OR OTHERWISE) OR INVESTIGATION MADE BY ANY THIRD PARTY (EACH A "CLAIM") RELATING TO OR ARISING OUT OF: (A) YOUR BREACH OF THESE TERMS; (B) YOUR USE OF THE TICKETING CO.’S SERVICES IN VIOLATION OF THESE TERMS OR OTHER POLICIES WE POST OR MAKE AVAILABLE; (C) YOUR BREACH OF ANY APPLICABLE LOCAL, STATE, PROVINCIAL, NATIONAL OR OTHER LAW, RULE OR REGULATION OR THE RIGHTS OF ANY THIRD PARTY; (D) THE TICKETING CO.’S APPORTIONMENT, COLLECTION AND REMISSION OF TAXES; AND (E) ANY APPLICABLE TICKETED EVENTS, PROVIDED THAT IN THE CASE OF (E) THIS INDEMNIFICATION WILL NOT APPLY TO THE EXTENT THAT THE CLAIM ARISES OUT OF THE TICKETING CO.'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
15. DISPUTES. These Terms shall be governed by the laws of the State of New York and any controversy or claim arising out of or in relation to these Terms, including the validity, construction or performance of these Terms, shall be submitted exclusively to the jurisdiction of the state courts of the State of New York, or the Federal District courts, located in Kings County. With respect to any breach which is capable of cure, The Ticketing Co. shall not be considered in breach of these Terms unless the Ticketing Co. fails to cure any breach within thirty (30) days of receipt of written notice of the breach. A waiver of any breach shall not waive a prior or subsequent breach.
16. MISCELLANEOUS. These Terms contain the entire understanding between you and The Ticketing Co. regarding the subject matter hereof, and all prior agreements, terms and conditions, privacy policies, email or Discord correspondence as to such subject matter have all collectively been merged herein, with the current Privacy Policy and other terms of use contained on the Site hereby incorporated by reference. By using the Site, the application or any of TIXCO, LLC’s Services which include the Company’s use of Google Maps, you agree to also be bound by Google’s Terms of Service. Purchaser hereby acknowledges that they have had the opportunity to consult with counsel regarding these Terms or has expressly waived such right upon proceeding with using any of the Services. If any provision of these Terms is invalid, void or unenforceable, the remainder of these Terms shall remain in full force and effect.