Terms and Policies
By using Yoseats.com you signify that you have read, understand and agree to be bound by these terms.
PRICES MAY BE ABOVE FACE VALUE
YoSeats.com acts as an intermediary between buyers and 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. Tickets sold through YoSeats.com are from a third party seller, therefore the buyers name will not be printed on the tickets. Please note that the name on the tickets does not affect the buyers ability to access the event.
Tickets sold through YoSeats.com are often above the price or Face Value listed on the ticket. YoSeats is not directly affiliated with any performer, team or venue. YoSeats is not a primary sale box office unless otherwise stated. You understand and agree that the purchase price for tickets ordered through the YoSeats.com site does not reflect the original purchase price of the ticket and may be either higher or lower than the original price.
ALL SALES ARE FINAL
There are no refunds, exchanges or cancellations. If an event is postponed or rescheduled, the tickets you received will be valid for the rescheduled date. If an event is cancelled by the performer, team or venue, you may be required to return the supplied tickets before receiving a refund. Any shipping or handling charges are not refundable. Refunds will be provided in the same manner and currency as used in the purchase. No refunds or exchanges will be made for lost, stolen, damaged or destroyed tickets. Tickets are like cash, treat them with the same care. Please note that direct sunlight or heat may damage tickets.
PRICING, FEES and CHARGES
All prices displayed on the YoSeats site are in United States Dollars (USD) unless otherwise specifically stated. Prices at checkout may include the following:
Ticket Cost: This is the base price transmitted by the Seller and displayed on YoSeats
Service Fee: This represents markup to the Ticket Cost which is earned by YoSeats
Delivery: This is the charge applied by YoSeats which varies depending on which form of delivery is chosen (electronic, Federal Express or similar carrier) and the speed by which delivery is requested (overnight, 2 day etc.)
Taxes: State and Local Taxes may be applied by the Seller when appropriate.
Total Price: The price you agree to pay including any and all of the above fees.
The YoSeats site displays the Ticket Cost when searched for price and availability of tickets. Any and all other fees are displayed and calculated on the checkout page. Proceeding to purchase the tickets constitutes your agreement to pay any and all fees included in the total price.
COLLECTING PAYMENT FOR ORDERS
You agree that YoSeats has the right to collect payment for any order if we determine that there has been an unprocessed payment, underpayment or any other issue in which YoSeats has not collected the Total Price of the sale. In the event of fraud or your failure to pay in full, YoSeats shall be entitled to recover any and all legal fees and/or collection costs incurred.
You are responsible for any and all legal fees or collection costs incurred by YoSeats associated with any disputed charges or chargebacks you make for tickets purchased through YoSeats. Further, you agree that YoSeats has the right to collect payment for any order you make, even if this means that YoSeats has to make multiple charges in lesser amounts until the full amount due has been collected.
Event tickets are generally delivered based upon the delivery method you selected at checkout on YoSeats. Sometimes, tickets are delayed by the performer, team or venue. In this case, tickets will be shipped when available.
YoSeats makes every effort to accurately display event information including but not limited to event name, event location or venue, event start time or event date. However, YoSeats does not guarantee the accuracy of event information displayed on the site. You are responsible to check and confirm the event name, event location or venue, event start time or event date. Sometimes, this information is changed in the days or weeks prior to an event to accommodate the performer or event schedule, crowd size or in response to unforeseen conflicts, illness or other such factors.
YoSeats recommends you ALWAYS DOUBLECHECK the time, date and location of your event.
Service and Advertising Emails
You agree YoSeats may send emails to the email address you used when opening an account or placing an order through the YoSeats.com site. These emails include both emails related to your specific order and emails notifying you of other shows or events which YoSeats may send to inform you of additional entertainment options.
You agree that you are only authorized the visit, view and retain a copy of pages of the YoSeats site for your own personal use and that you shall not duplicate, download, publish, modify or otherwise distribute the material on YoSeats for any purpose other than to review event and promotional information, for personal use, or to purchase tickets. You may not use an robot, spider, scraper, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve or in an way reproduce, circumvent, or interefere with YoSeats site or its contents, nor may you use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets from YoSeats. You 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. Additionally, by accessing Yoseats you agree to be bound by the following additional terms:
You may not purchase, advertise or in any way utilize the term YoSeats in promotions or advertising, as a search term or as a key word, without the express written consent of YoSeats, Inc.
The content and software on YoSeats site is the property of YoSeats, Inc. and/or its suppliers and is protected by U.S. and international copyright laws.
If you violate any of the above listed prohibitions, you will be held liable for damages to the fullest extent of the law, plus you agree to pay YoSeats, Inc. for any and all costs related to enforcement of the above listed prohibitions against you, including any and all legal fees incurred.
SERVICE AND ADVERTISING EMAILS
YoSeats may send you emails to the email address you supply us. These emails may include confirming information about your order, pre or post event information including a request to gather feedback on your experience. In addition, we will add your information to our mailing list and send you emails about upcoming events. By providing your email address to YoSeats you consent to receive and all such email
YoSeats may automatically produce search results that reference or link to third party SITEs throughout the World Wide Web. YoSeats has no control over these sites or the content within them. YoSeats cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. YoSeats does not endorse the content of any third party site, nor does YoSeats warrant that such sites will not contain viruses or otherwise impact your computer systems. By using the YoSeats to search for or link to another site, you agree and understand that you may not make any claim against YoSeats for any damages or losses, whatsoever, resulting from use of the YoSeats to obtain search results or to link to another site. If you experience a problem with a link from YoSeats, notify YoSeats and YoSeats will investigate your claim and take any actions YoSeats deems appropriate at YoSeats' sole discretion.
VIOLATION of the TERMS and POLICIES
YoSeats, in its sole discretion, and without prior notice, may terminate your access to the YoSeats site, cancel your ticket order or exercise any other remedy available to it. You agrees that monetary damages may not provide a sufficient remedy to YoSeats for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. YoSeats may release your information by operation of law, if the information is necessary to address an unlawful or harmful activity against YoSeats. YoSeats is not required to provide any refund to you if you are terminated as a user of YoSeats.
INTELLECTUAL PROPERTY INFORMATION
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 our site. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these TERMS, you acknowledge and agree that all CONTENT presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of YoSeats and/or its Affiliates. You are only permitted to use the CONTENT as expressly authorized by YoSeats or the specific CONTENT provider. Except for a single copy made for personal use only, you 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 YoSeats or the specific CONTENT provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on YoSeats. 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 YoSeats nor YoSeats' affiliates warrant or represent that your use of materials displayed on, or obtained through, YoSeats 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 you any right to use any trademark, service mark, logo, and/or the name of YoSeats or its affiliates.
YoSeats reserves the right to terminate the privileges of anyone who uses YoSeats 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 YoSeats, and confirmation through court order or admission by the user that they have used YoSeats as an instrument of unlawful infringement, YoSeats will terminate the infringing partys rights to use and/or access to YoSeats. YoSeats may, also in YoSeats' sole discretion, decide to terminate your rights to use or access to the YoSeats prior to that time if YoSeats believes that the alleged infringement has occurred.
YOSEATS MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF YOSEATS OR ANY SITE CONTENT, SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOSEATS MAKES NO ASSURANCES THAT FILES YOU ACCESS OR DOWNLOAD FROM THE YOSEATS SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOSEATS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOSEATS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE YOSEATS 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.
YOSEATS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SITE USERS, ADVERTISERS AND/OR SPONSORS ON THE YOSEATS SITE, IN CONNECTION WITH THE SITE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE YOSEATS SITE AND/OR THE SITE SERVICE. YOSEATS IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Limitation on Liability
You acknowledge that YoSeats is a venue allowing people to buy and sell tickets to concert, sporting and entertainment events. YoSeats is not involved in the actual transaction between buyers and sellers. While YoSeats may help facilitate the resolution of disputes, YoSeats has no control over the content of the tickets listed on YoSeats, the truth or accuracy of such listings, the ability of the selling broker to sell tickets, or that you and the selling broker will actually complete a transaction. Regardless of this provision, if YoSeats is found to be liable, YoSeats' liability to you or any third party is limited to the greater of (a) any amounts due under YoSeats 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 YoSeats be liable to you for any indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if YOSEATS has been advised of the possibility of such damages. You further agree that the maximum available remedy on any successful claim is the greater of the choices listed in the paragraph above. Some jurisdictions do not allow the disclaimer of warranties or the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
You agree to indemnify and hold YoSeats, its subsidiaries, affiliated, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys fees made by any third party due to or arising out of your use of the YoSeats site, including your use of the YoSeats site to provide a link to another site or to upload content or other information to YoSeats.
You agree that any controversy or claim arising or relating to the use of the YoSeats site will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by venue in the state and federal courts of the State of California, San Diego County.
ARBITRATION and DISPUTE RESOLUTION
Any controversy, claim, dispute, or other action, arising out of or relating to the use of YoSeats, any order placed on YoSeats, or these policies 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. YoSeats 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 case, you agree to reimburse YoSeats for all monies previously disbursed by YoSeats that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate 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 you and YoSeats, by telephone, or in person. YoSeats and you shall both participate in the selection of an arbitrator. Any award issued through arbitration is enforceable in any court of competent jurisdiction.
BY AGREEING TO ARBITRATE, YOU ARE 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 YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY YOSEATS IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU PLACE AN ORDER ON YOSEATS. YOUR WRITTEN NOTIFICATION TO YOSEATS MUST INCLUDE YOUR NAME, ADDRESS AND ORDER NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE CLAIMS WITH YOSEATS THROUGH ARBITRATION. WRITTEN NOTIFICATION SHOULD BE MAILED TO: YoSeats.com Attn: Legal Department/Arbitration, 3525 Del Mar Heights Road, Suite 898, San Diego, CA 92130.
Any arbitration or trial by a judge 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. You and YoSeats 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. YOU AND YOSEATS ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.
All CLAIMS brought by you against YoSeats 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 you improperly file a CLAIM, YoSeats may recover attorneys' fees and costs up to US$1,000 from you, provided that YoSeats has notified you in writing of the improperly filed CLAIM, and you fail to promptly withdraw the CLAIM after you receives notice of improper filing from YoSeats.
YoSeats reserves the right to amend this policy at any time.
These policies were LAST AMENDED on January 24, 2017