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Terms of ServiceThe following Terms of Service statement (“TOS”)describes your rights and obligations in the use of the TotallyTickets.net website (“Web Site”). Please readthe TOS carefully before proceeding.1. ACKNOWLEDGMENT AND ACCEPTANCEOF TERMS OF SERVICE: The following is a list of the terms specified in the Terms of Service agreement. 2. DESCRIPTION OF SERVICE: TotallyTickets.com/net obtains tickets to "Hard-to-Get" events all over the country. The cost of the tickets for us is higher than the normal cost to you. This is the reason for the inflated prices on our site. We provide premium tickets at a premium price. 3. MODIFICATIONS TO TERMS OF SERVICE: TotallyTickets.net may amend this Terms of Service at anytime, without notice to the user. 4. DISCLAIMER OF WARRANTIES: THE WEB SITE AND ASSOCIATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND USER EXPRESSLY AGREES THAT USE OF THE WEB SITE AND ASSOCIATED SERVICES IS AT USER'S SOLE RISK. TotallyTickets.net EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEAND NON-INFRINGEMENT. USER UNDERSTANDS AND AGREES THAT USER BEARS SOLE RESPONSIBILITY AND RISKFOR THE ACCURACY, RELIABILITY, CURRENTNESS OR COMPLETENESS OF THE INFORMATION, MATERIALS AND/OR DATA THAT USER DISPLAYS, DOWNLOADS OR OTHERWISE OBTAINS THROUGH THE USE OF THE WEB SITE AND ASSOCIATED SERVICES (“CONTENT”). USERWILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSSOF DATA RESULTING FROM DISPLAYING, DOWNLOADING OR OTHERWISE OBTAINING SUCH INFORMATION, MATERIALS AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TotallyTickets Inc. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITEOR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM TotallyTickets Inc. OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY OBLIGATIONON THE PART OF TotallyTickets Inc. NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONSMAY NOT APPLY. 5. LIMITATION OF LIABILITY: TotallyTickets Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR IN CONNECTIONWITH (a) ANY ERRORS, INACCURACIES, OMISSIONS. DEFECTS, UNTIMELINESS OR LACK OF AUTHENTICITY OF ANY CONTENTS ON THIS WEB SITE; (b) THE USER’S USE OR INABILITY TO UTILIZE THIS WEB SITE OR ANY CONTENT THEREIN; (c) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (d) EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN PARAGRAPH 7 ABOVE, DEFECTS IN ANY GOODS, MATERIALS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (e) UNAUTHORIZED TOTALLYTICKETS INC. TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA; OR (f) ANY OTHER MATTER RELATING TO THE WEB SITE AND ASSOCIATED SERVICES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF TotallyTickets Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONOR EXCLUSION OF CERTAIN LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. 6. NO RESALE OR COMMERCIAL USE OF THE SERVICES PROVIDED VIA THE WEB SITE: User's right to use the Service is personal to User. User agrees not to reproduce, duplicate, copy, sell, resell, license or exploit the Web Site and associated services, or use the Web Site or associated services for any commercial purposes, except to engage in the purchase of entertainment packages and/or the purchaseor sale of tickets via the Online Auction feature of the Web Site. 7. USER CONDUCT: User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Web Site and associated services.User agrees to be solely responsible for User's actions while using the Service. User agrees not to (a) interfere with another User's use and enjoyment of theWeb Site and associated services; (b) impersonate any person or entity, including but not limited to, an official, guide or host of TotallyTickets Inc..; (c)falsely state or misrepresent User’s affiliation with a person or entity. User further agrees not use the Service to post, promote or transmit any material (a) that is unlawful, harassing, libelous, abusive, threatening, harmful,vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature; (b) that encourages conduct that could constitute acriminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; or (c) that is protectedby copyright, trademark or other proprietary right of any third part 8. TERMINATION OF SERVICE: User agrees that TotallyTickets.net may terminate User's use of the Service or refuse to allow future use of the Service, for any reason, including, withoutlimitation. User acknowledges and agrees that termination of service under any provision of this TOS may be effected without prior notice. User acknowledges and agrees that immediately upon such termination, User shall immediately discontinue use and TotallyTickets of the Web Site and we may delete and discard all information and files in User's account and bar any further use of our site. 9. RETURNS AND EXCHANGES: TotallyTickets.net reserves the right to cancel all orders that have not been shipped or processed. We have the final say on ticket availability and the buyer or "user" has no claim to the tickets until they receive them from us. All orders are final and orders can only be returned/exchangedif the event is cancelled (not postponed.) We understand that there are sometimes extenuating circumstances that allow you not to attend, in that case we charge a 20% restocking fee even if the order has not shipped yet! TotallyTickets.ne twill evaluate this on a case by case basis. 10. SHIPPING: TotallyTickets.net reserves the right to hold the tickets up to 1 week before the event. When a buyer pays shipping cost, that DOES NOT mean that your tickets will be shipped immediately. 11. CONSENT TO JURISDICTION AND FORUM SELECTION: The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of Cleveland, State of Oklahoma. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Cleveland, State of Oklahoma shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. Any final judgement rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgement and may be enforced in other jurisdictions in any manner provided by law. -Totally Tickets, Inc. |
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