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User Agreement
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Help/FAQFind Tickets To Watch Football Click Here General User Agreement GENERAL OPENSEATS.COM is a local ticket exchange ("OpenSeats" or the "Exchange") that is owned and operated by OpenSeats, Inc., a Tennessee corporation (the "Company"). Use of the Exchange is governed by the terms and conditions of this User Agreement, as may be amended and published by the Company from time to time (the "Agreement"). By using the Exchange, you agree to be subject to and abide by the terms and conditions of the Agreement, you certify that you are eighteen (18) years of age or over, and are legally competent to enter into a contract with the Company. You further certify that all the information you provide to the Company is accurate. The Agreement constitutes the entire agreement between you and the Company and supersedes all prior written or oral agreements, which may exist, between the parties, regarding the use of the Exchange. The Company reserves the right to change or modify any terms and/or conditions of use of the Exchange, or to impose new terms and/or conditions, which may include fees and or charges for use of the Exchange. Such modifications will be effective upon posting on OpenSeats.com. Use of the Exchange subsequent to posting shall be deemed to be notice of such modifications and acceptance thereof. The Company may, in its sole discretion and without notice, terminate your participation on the Exchange if the Company believes that you have violated the terms and conditions of the Agreement or have violated or attempted to violate the rights of other participants of the Exchange. POSTING ADS The Exchange may be used for lawful purposes only. You are responsible for knowledge of and abiding by the applicable laws governing the resale of tickets in your jurisdiction. Ads may only be posted which specifically match the categories being offered by OpenSeats. The Company explicitly prohibits ads which contain sexually explicit or offensive language and/or descriptions or which otherwise, in the sole discretion of the Company, are deemed to violate the terms of the Agreement. TERMS OF SALE The Company is not a party to any transaction between any user of the Exchange and has no control over, nor guarantees, the legality, authenticity or quality of any ticket advertised, the veracity of any advertisement, or the ability or intention of any buyer or seller to actually consummate the transfer of any ticket. The Company can not and does not guarantee the delivery of any ticket or payment of any money in relation to your participation on OpenSeats. USE CAUTION WHEN TRANSACTING WITH ANY PERSON YOU DO NOT KNOW! USE OF THE EXCHANGE CONSTITUTES YOUR EXPRESS AGREEMENT THAT SUCH USE IS AT YOUR OWN RISK. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY TICKET OR EXCHANGE OFFERED THROUGH OPENSEATS.COM AND WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND A THIRD-PARTY BUYER OR SELLER. You hereby agree to hold the Company harmless for any and all claims or causes of action arising out of any transaction instituted from, or related to use of, the Exchange. Further, you release OpenSeats, Inc., its officers, directors, agents, employees, successors and assigns from any claims, demands and/or damages, actual or consequential, of every kind, nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to any transaction instituted from or related to the use of the Exchange. DISCLAIMERS AND LIMIT OF LIABILITY THE EXCHANGE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. OPENSEATS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OPENSEATS, INC. MAKES NO WARRANTY THAT THE EXCHANGE WILL MEET USER'S REQUIREMENTS, THAT THE EXCHANGE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES OPENSEATS, INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXCHANGE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE EXCHANGE. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR TICKETS OR TRANSACTION OBTAINED THROUGH THE EXCHANGE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPENSEATS, INC. OR THROUGH OR FROM THE EXCHANGE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. USER AGREES THAT NEITHER OPENSEATS, INC. NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE EXCHANGE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND EXCHANGES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR EXCHANGES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE EXCHANGE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE EXCHANGE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF OPENSEATS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT OPENSEATS INC SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF EXCHANGE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTITIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT OPENSEATS, INC. SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE EXCHANGE. In no event shall OPENSEATS, INC. total liability to you for all damages, losses, and causes of action exceed the amount paid by you to OPENSEATS, INC., if any, that is related to the cause of action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THANK YOU FOR USING OPENSEATS.COM! find tickets to watch football and any other sport at OpenSeats.comi |
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