LAST UPDATED: March 13, 2019 (summary of changes)
Welcome! Please read these Terms of Service (the “Agreement”) carefully, as they contain the legal terms and conditions that govern any purchases or payments you make via web pages at the domain tickets.chorusconnection.com (the “Site”) and constitute a legally-binding agreement between you and Chorus Connection Inc. (“we”, “us”, or “our”).
If you have any questions about this Agreement, please send us a note at email@example.com.
1. ACCEPTANCE OF THIS AGREEMENT
2. WHO YOU ARE BUYING FROM
The Site is used by choruses and other types of organizations (“Event Organizers”) to sell tickets to concerts, fundraisers, and other events (“Events”). When you buy a ticket to an Event, you are purchasing that ticket from the Event Organizer, not from us.
3. CONTACTING THE EVENT ORGANIZER
Contact information for the Event Organizer will appear on the Site and on your email receipt if you purchase a ticket. If you have any questions about the Event, please contact the Event Organizer directly.
4. TICKET AVAILABILITY AND VENUE CAPACITY
The maximum number of tickets available for an Event is set by the Event Organizer. If the Event Organizer sells more tickets than the venue can accommodate, the Event Organizer is fully responsible for that decision. If you are denied access to the Event as a result of such a decision, the Event Organizer can choose how to handle the situation. Options include offering to refund your order, exchanging your ticket for a ticket to a different Event, or other options. If such a scenario arises, please contact the Event Organizer directly.
5. DELIVERY METHODS
Ticket delivery options are Event-specific and are determined by the Event Organizer. Please contact the Event Organizer with any questions about your ticket or what you need to bring with you on the day of the Event.
6. TICKET PRICES AND FEES
Event ticket prices are set by the Event Organizer. Ticket prices are displayed in and all transactions occur in U.S. Dollars.
Tickets sold through the Site are subject to two types of fees. Each ticket sold has a per ticket fee of 2.5% + $1. There is also a 2.9% + 30¢ credit card processing fee based on the total order value. The Event Organizer can choose to either eat these fees or pass them on to ticket purchasers. If the Event Organizer has chosen to pass the fees on to you, you will see the fees clearly marked during the checkout process before you complete your purchase.
7. PRICING AND OTHER ERRORS
It is possible that a system malfunction or human error could allow you to purchase otherwise unavailable tickets, or tickets for an incorrect price. In the event of such an error, we reserve the right to cancel and fully refund your order.
8. EMAIL RECEIPTS
When you complete a ticket purchase, we will send you an email receipt. If you do not receive a receipt, it is possible that the receipt was filtered into your email provider’s spam folder, that your order was never completed, that you mistyped your email address during checkout, or another reason. First, please check your spam folder. If you don’t find the receipt there, please contact the Event Organizer, who can help you determine what happened and make sure you receive a receipt for any completed orders. We will not be responsible for losses if you assume that an order was not placed because you failed to receive or did not find a receipt.
9. REFUNDS AND EXCHANGES
All sales are final, so please review the details of your order carefully prior to completing your purchase. The Event Organizer has complete discretion over whether to offer refunds or ticket exchanges. Please note that many Event Organizers do not offer refunds. For more information about the refund policy for a specific Event, or to request a refund, please contact the Event Organizer directly.
10. CANCELLED AND RESCHEDULED EVENTS
The Event Organizer or others outside our control may cancel or reschedule an Event. It is up to the Event Organizer to decide how to handle such situations. Potential options include offering to refund your order, exchanging your ticket for a ticket to a different Event, or other options. We do not control the Event Organizer’s decisions, though we might help them communicate with you to share updates and options the Event Organizer is making available to you. If an Event to which you’ve purchased tickets through the Site is cancelled or rescheduled and you have any questions, please contact the Event Organizer directly.
11. REFUSALS, EJECTIONS, AND VIOLATIONS OF TERMS
A ticket is a revocable license, and we reserve the right to cancel your order for any reason upon refunding the full value of your order. Similarly, an Event Organizer may cancel your order or refuse to grant you admission to the Event for any reason upon refunding the full value of your order.
In addition, if any information you’ve entered is found to be false, misleading, incorrect, or incomplete, if you make a counterfeit ticket to gain unlicensed access to an Event or otherwise commit fraud, or if you are found to be in violation of this Agreement, that is grounds for seizure and cancellation without refund of any and all tickets you’ve purchased through the Site.
The Event Organizer also reserves the right, without issuing a refund, to refuse admission to, or eject, any person whose conduct is deemed disorderly, who uses vulgar or abusive language, or who fails to comply with the Event Organizer’s applicable rules, policies, or terms.
12. RESALE OF TICKETS
Tickets purchased through the Site are for individual use only and not for resale. Resale will automatically void tickets, barring refunds, exchanges, and entry into the Event.
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “CHORUS CONNECTION PARTIES”) DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT DEFECTS WITH THE SITE WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY THIRD PARTY SOFTWARE ON THE SITE IS AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
14. LIMITATION ON LIABILITY
IN NO EVENT SHALL THE CHORUS CONNECTION PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE THE LIABILITY OF THE CHORUS CONNECTION PARTIES IN ANY CIRCUMSTANCE EXCEED THE LESSER OF THE ACTUAL AMOUNT OF DIRECT DAMAGES OR THE AMOUNT OF FEES ACTUALLY PAID TO THE CHORUS CONNECTION PARTIES AND ATTRIBUTABLE TO THE SERVICES FOR THE TWELVE WEEKS IMMEDIATELY PRECEDING THE CLAIM DURING THE CURRENT TERM OF THIS AGREEMENT.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Chorus Connection Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of this Agreement; or (iii) your violation of any law, rule or regulation, or the rights of any third party.
16. TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing the Site in an unauthorized manner. You acknowledge that under this Agreement, by using the Site you are deemed to have received any and all notices that would have been delivered had you accessed the Site in an authorized manner.
No delay, failure, or waiver of our exercise or partial exercise of any right or remedy under this Agreement shall operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy. Any waiver by us of any provision of this Agreement shall not imply a subsequent waiver of that or any other provision of this Agreement.
20. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
This Agreement may be assigned in its entirety, without any consent, in connection with a merger, acquisition, corporate reorganization, bankruptcy, sale of all or substantially all of our assets, or any other change of control.
22. ARBITRATION & WAIVER OF CLASS ACTION
You and Chorus Connection Inc. agree to arbitrate any dispute arising from this Agreement or your use of the Site on an individual basis. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. YOU AND CHORUS CONNECTION INC. HEREBY EXPRESSLY WAIVE TRIAL BY JURY. You and Chorus Connection Inc. agree that: (i) any arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator, with limited discovery, and in the English language. Except as modified by this section, the arbitration will be conducted in accordance with the rules of the American Arbitration Association for arbitration of consumer-related disputes. At your request, hearings may be conducted in person or by telephone. The arbitration will be conducted solely on the basis of documents Chorus Connection Inc. and you submit to the arbitrator, unless the arbitrator determines that a hearing or further discovery is necessary.
The arbitrator will render an award and decision within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND CHORUS CONNECTION INC. WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
23. GOVERNING LAW
This Agreement shall be governed by the laws of the State of New York, without giving any effect to any conflict of law principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
24. FORCE MAJEURE
We shall not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
26. NOTE TO INTERNATIONAL USERS
27. CHANGES TO THIS AGREEMENT
As our company evolves, we may occasionally update this Agreement to make the language clearer, reflect new business practices, or for other reasons. We will keep this page updated with the latest version of the Agreement. We will also keep prior versions of the Agreement on file. Additionally, we will maintain a summary of changes to the Agreement on our website here.
28. CONTACT US
To request a copy of a prior version of this Agreement, or for any other questions or concerns, please email us at firstname.lastname@example.org, or you can reach us by mail at the below address.
157 Columbus Ave, 4th floor
New York, NY 10023