Welcome, and thank you for your interest in Ticket Barter and our website at
ticket-barter.co and other services
provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you
and Ticket Barter regarding your use of the Service.
Last Updated: Feb. 13, 2023
PLEASE READ THE FOLLOW ING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND
UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND
CONDITIONS, INCLUDING TICKET BARTER’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do
not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND
TICKET BARTER’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY TICKET BARTER AND BY YOU TO BE
BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 21, you agree that disputes
arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU
AND TICKET BARTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR
REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under
this contract (except for matters that may be taken to small claims court). Your rights will be determined by a
NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 21.)
1. Ticket Barter Service Overview
The Service allows users to easily trade or giveaway their event tickets online with other users. Ticket Barter
facilitates these trades on its easy to use web platform and also offers authentication services to help ensure
that any tickets exchanged on the platform are authentic. Payments and completing trades are all managed through
the Service. The Service also allows users to trade securely and anonymously without having to reveal their home
address or other personal details to the other trading party. Users can post event tickets, browse tickets
posted by other users, and submit proposed trades.
2. Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to
us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the
Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws
and regulations.
3. Accounts and Registration
To access the Service and trade items, you must register for an account. When you register for an account, you
may be required to provide us with some information about yourself, such as your name, email address, location,
and phone number. You agree that the information you provide to us is accurate and that you will keep it
accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely
responsible for maintaining the confidentiality of your account and password, and you accept responsibility for
all activities that occur under your account. If you believe that your account is no longer secure, then you
must immediately notify us at admin@Ticket-Barter.com.
4. Trade Processb
4.1 General. All contracts for the exchange of goods are directly between the two parties exchanging items on
the Service and Ticket Barter only acts as the facilitator of the transaction. Although Ticket Barter may
suggest certain trades, we do not set prices nor are we an auctioneer. Final valuation decisions are between the
two parties trading items.
By exchanging items on the service, you agree to comply with all Community Guidelines, Dispute Policies, FAQs
and any other transactional rules posted by Ticket-Barter.com websitehttps://www.tradeblock.us/ from time to
time, including these Terms.
4.2 Trading Terms. By posting tickets on the Service, you are soliciting trade offers for your item. Please
review your listings frequently to ensure that they are accurate and up-to-date. The posing will only be
complete upon authentication of all tickets.
a. Offers are Binding. If you or any user sends any other user an offer for any item, including offering items
for trade such Offer is binding upon the user making the Offer (the “Offeror”) unless and until (1) it is
revoked by the Offeror prior to being “Accepted” (defined below) by the user to whom the Offer is made (the
“Offeree”), (2) it is “Rejected” (defined below) by the Offeree, or (3) the Offeree submits a “Counteroffer”
(defined below). Offers are binding when made.
b. Acceptance. If the Offeree accepts any Offer, the Offer shall be deemed “Accepted” and a contract will be
formed between the Offeror and the Offeree—the Offer will be binding upon both parties and both parties are
obligated to consummate the transaction. Both parties are obligated to complete the transaction.
c. Rejection. The Offeree may reject any Offer for any reason. Once rejected, the original Offer is no longer
binding on either party.
d. Counteroffer. If, instead of Accepting or Rejecting an Offer, the Offeree proposes any different terms
(including, but not limited to, alternate trades) (such response, a “Counteroffer”), such Counteroffer will
constitute a rejection and a new Offer. The party submitting the Counteroffer will therefore be an Offeror
submitting an Offer subject to the terms of this Section
5. Authentication
When you have posted a ticket for trade of giveaway, you will electronically send your item(s) to Ticket Barter
for authentication. The posting is not complete until authentication occurs. Ticket Barter will use its
commercially reasonable efforts to confirm whether the items sent are authentic. After we receive an item, it
generally takes us 2-3 business days to authenticate the item, however, there may be additional delays and we do
not guarantee any timeline. If we cannot reasonably determine that any item is authentic, or we determine what’s
described in the posting does not match what is sent, we will not allow the posting to be publicly viewed. If
you provided the counterfeit or suspected counterfeit item, we may charge and retain the brokers fee as
compensation to Ticket Barter for our time authenticating. We reserve the right to reject any item sent to us
for any reason, including, but not limited to, (a) the item is counterfeit; (b) the item is not the item
described in the listing; or there is not enough time to have the posting up prior to the event starting. In
addition to retaining the brokers fee, we may charge an administrative fee in the case that we reject any items
to cover our costs for doing so. You agree that Ticket Barter will have no liability whatsoever from its
decision to reject any items and that such decision is solely within Ticket Barter’s discretion. While we will
use our commercially reasonable efforts to authenticate items, you acknowledge and agree that no authentication
is 100% accurate and we will have no liability for counterfeit items which were authenticated or authentic items
which were rejected.
6. Counterfeit Items and Ticket Barter Remedies
Ticket Barter takes counterfeiting very seriously and does not permit the trade or sale of counterfeit items on
the Service under any circumstance. If we receive any counterfeit items from you, or if we suspect counterfeit
listings, we reserve the right to take any of the following actions in our sole discretion: (i) cancel any
transaction relating to that item; (ii) remove any or all of your other listings from the Service; (iii) cancel
all pending trades to which you are a party; (iv) charge you an administrative fee at our current rates to send
back your item; (v) report the counterfeit items to law enforcement; or (vi) temporarily or permanently suspend
your account. Although we understand that counterfeits may be innocently sent through the service from time to
time, after three (3) or more incidents in which we were sent counterfeit items through your account we will
automatically and permanently ban you from using from our Service. You agree that Ticket Barter will have no
liability to you resulting from us undertaking any of the foregoing remedies in response to any suspected
counterfeit activity.
7. Trades are Final
ALL TRADES ARE FINAL ONCE ITEMS ARE AUTHENTICATED AND TRADES APPROVED BY THE INVOLVED PARTIES AND MAY NOT BE
REVERSED OR CANCELLED UNDER ANY CIRCUMSTANCES.
8. General Payment Terms
Certain features of the Service may require you to pay fees. Fees may include membership fees, broker fees paid
in connection with completing a trade, administrative, or other fees as determined by Ticket Barter from time to
time. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be
charged. All fees are in U.S. Dollars and are non-refundable.
8.1 Authorization. You authorize Ticket Barter or its third party payment provider to charge all sums for
joining the community and any Services you select as described in these Terms or published by Ticket Barter,
including all applicable taxes, to the payment method specified in your account. If you pay any fees with a
credit card, Ticket Barter or its third party payment provider may seek pre-authorization of your credit card
account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit
available to cover your purchase.
8.2 Delinquent Accounts. Ticket Barter may suspend or terminate access to the Service, including fee-based
portions of the Service, for any account for which any amount is due but unpaid.
9. Licenses
9.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Ticket Barter grants you,
solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license
to access and use the Service.
9.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable
law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make
modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any
security or access control mechanism. If you are prohibited under applicable law from using the Service, you may
not use it.
9.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications
or improvements to the Service (“Feedback”), then you hereby grant Ticket Barter an unrestricted, perpetual,
irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any
purpose, including to improve the Service and create other products and services.
10. Ownership; Proprietary Rights
The Service is owned and operated by Ticket Barter. The visual interfaces, graphics, design, compilation,
information, data, computer code (including source code or object code), products, software, services, and all
other elements of the Service (“Materials”) provided by Ticket Barter are protected by intellectual property and
other laws. All Materials included in the Service are the property of Ticket Barter or its third party
licensors. Except as expressly authorized by Ticket Barter, you may not make use of the Materials. Ticket Barter
reserves all rights to the Materials not granted expressly in these Terms.
11. Third Party Terms
11.1 Third Party Services and Linked Websites. Ticket Barter may provide tools through the Service that enable
you to export information, including User Content, to third party services. By using one of these tools, you
agree that Ticket Barter may transfer that information to the applicable third party service. Third party
services are not under Ticket Barter’s control, and, to the fullest extent permitted by law, Ticket Barter is
not responsible for any third party service’s use of your exported information. The Service may also contain
links to third party websites. Linked websites are not under Ticket Barter’s control, and Ticket Barter is not
responsible for their content.
11.2 Third Party Software. The Service may include or incorporate third party software components that are
generally available free of charge under licenses granting recipients broad rights to copy, modify, and
distribute those components (“Third Party Components”). Although the Service is provided to you subject to these
Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining
Third Party Components under the applicable third party licenses or to limit your use of Third Party Components
under those third party licenses.
12. User Content
12.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service,
including photos, messages, videos, and other works (“User Content”) and to publish User Content on the Service.
You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the
Service.
12.2 Limited License Grant to Ticket Barter. By providing User Content to or via the Service, you grant Ticket
Barter a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to
sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for
display, and distribute your User Content, in whole or in part, in any media formats and through any media
channels now known or hereafter developed.
12.3 Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the
Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these
Terms and the functionality of the Service.
12.4 User Content Representations and Warranties. Ticket Barter disclaims any and all liability in connection
with User Content. You are solely responsible for your User Content and the consequences of providing User
Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and
permissions to authorize Ticket Barter and users of the Service to use and distribute your User Content as
necessary to exercise the licenses granted by you in this Section 12, in the manner contemplated by Ticket
Barter, the Service, and these Terms;
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not:
(i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent,
trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary
right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any
other person; or (iii) cause Ticket Barter to violate any law or regulation; and
c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent,
pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
12.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users
post or publish, and will not be in any way responsible or liable for User Content. Ticket Barter may, however,
at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment
violates these Terms or is otherwise objectionable. You understand that when using the Service you will be
exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate,
offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy
you have or may have against Ticket Barter with respect to User Content. If notified by a user or content owner
that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in
our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without
notice. For clarity, Ticket Barter does not permit copyright-infringing activities on the Service.
12.6 Monitoring Content. Ticket Barter does not control and does not have any obligation to monitor: (a) User
Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You
acknowledge and agree that Ticket Barter reserves the right to, and may from time to time, monitor any and all
information transmitted or received through the Service for operational and other purposes. If at any time
Ticket Barter chooses to monitor the content, Ticket Barter still assumes no responsibility or liability for
content or any loss or damage incurred as a result of the use of content. During monitoring, information may be
examined, recorded, copied, and used in accordance with our Privacy Policy.
13. Communications
13.1 Text Messaging. Ticket Barter and those acting on our behalf may send you text (“SMS”) messages at the
phone number you provide us. These messages may include operational messages about your use of the Service, as
well as marketing messages. You may opt out of receiving marketing and/or operational text messages at any time
by sending an email (admin@ticket-barter.com) to indicate that you no longer wish to receive such texts along
with the phone number of the mobile device receiving the texts. You may continue to receive text messages for a
short period while Ticket Barter processes your request, and you may also receive text messages confirming the
receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality
that the Service provides to you. Text messages may be sent using an automatic telephone dialing system. Your
agreement to receive text messages is not a condition of any purchase or use of the Service. Standard data and
message rates may apply whenever you send or receive such messages, as specified by your carrier.
13.2 Push Notifications. When you install our app on your mobile device, you agree to receive push
notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn
off notifications by visiting your mobile device’s “settings” page.
13.3 Email. We may send you emails concerning out products and services, as well as those of third parties. You
may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
14. Prohibited Conduct
BY USING THE SERVICE, YOU AGREE NOT TO:
a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
b. violate, or encourage others to violate, any right of a third party, including by infringing or
misappropriating any third party intellectual property right;
c. use our Service to solicit trades or sales outside of the Service;
d. use or Service to contact any users of the Service other than through functions of the Service that allow you
to solicit and receive Offers for trades;
e. interfere with security-related features of the Service, including by: (i) disabling or circumventing
features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise
attempting to discover the source code of any portion of the Service except to the extent that the activity is
expressly permitted by applicable law;
f. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i)
uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any
unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about
another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or
server connected to or used to provide the Service;
g. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation,
accessing any other Service account without permission;
h. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10)
or any right or ability to view, access, or use any Materials; or
i. attempt to do any of the acts described in this Section 14 or assist or permit any person in engaging in any
of the acts described in this Section 14.
15. Digital Millennium Copyright Act
15.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to
Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related
complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Ticket Barter
ATTN: Legal Department (Copyright Notification)
19915 James Couzens, Detroit MI 48235
Email: admin@Ticket-Barter.us
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property
rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. statement by you that you have a good faith belief that the use of the materials on the Service of which you
are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury,
you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual
property owner’s behalf.
15.2 Repeat Infringers. Ticket Barter will promptly terminate the accounts of users that are determined by
Ticket Barter to be repeat infringers.
16. Modification of these Terms
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms
periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may
require that you accept the modified Terms in order to continue to use the Service. Material modifications are
effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication.
Except as expressly permitted in this Section 16, these Terms may be amended only by a written agreement signed
by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved
in accordance with the version of these Terms that was in effect at the time the dispute arose.
17. Term, Termination and Modification of the Service.
17.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or
use the Service, and ending when terminated as described in Section 17.2.
17.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and
these Terms automatically terminate. In addition, Ticket Barter may, at its sole discretion, terminate these
Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any
reason or no reason, with or without notice. You may terminate your account and these Terms at any time by
contacting customer service at.
17.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must
immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the
Service; (c) you must pay Ticket Barter any unpaid amount that was due prior to termination; and (d) all payment
obligations accrued prior to termination and Sections 9.3, 10, 11, 12, 17.3, 18, 19, 20, 21 and 22 will
survive.
17.4 Modification of the Service. Ticket Barter reserves the right to modify or discontinue the Service at any
time (including by limiting or discontinuing certain features of the Service), temporarily or permanently,
without notice to you. Ticket Barter will have no liability for any change to the Service or any suspension or
termination of your access to or use of the Service.
18. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and
indemnify Ticket Barter and its officers, directors, employees, consultants, affiliates, subsidiaries and agents
(together, the “Ticket Barter Entities”) from and against every claim brought by a third party, and any related
liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or
connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of
these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or
regulation; (c) your violation of any third party right, including any intellectual property right or publicity,
confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party
(including any disputes related to a trade). We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you (without limiting your
indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our
defense of those claims.
19. Disclaimers; No Warranties
If you change your delivery email address or spam or automatic email blocking settings after a trade has been
approved, it is not our responsibility to seek you out regarding the electronic delivery of items.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS
AVAILABLE” BASIS. TICKET BARTER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY
WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TICKET BARTER DOES NOT WARRANT THAT THE SERVICE OR
ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED,
SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TICKET BARTER DOES NOT WARRANT THAT ANY OF
THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR TICKET BARTER ENTITIES OR
ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE TICKET
BARTER ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY
DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE
THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY
DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR
ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Ticket
Barter does not disclaim any warranty or other right that Ticket Barter is prohibited from disclaiming under
applicable law.
If an event is postponed, cancelled, altered, or etc., the ticketholder should follow-up with the original
ticket distributing company or act regarding details about reimbursements or replacements.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TICKET BARTER ENTITIES BE LIABLE TO YOU FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS,
GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR
INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TICKET BARTER
ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 21.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE
TICKET BARTER ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE
ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED
TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO TICKET BARTER IN BROKER FEES IN THE 6 MONTHS PRIOR TO THE
EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR
EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS
ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS
SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 20 WILL APPLY
EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21. Dispute Resolution and Arbitration
21.1Generally. In the interest of resolving disputes between you and Ticket Barter in the most expedient and
cost effective manner, and except as described in Section 21.2 and 21.3, you and Ticket Barter agree that every
dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less
formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for
more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award
the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims
arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the
termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TICKET BARTER
ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
21.2 Exceptions. Despite the provisions of Section 21.1, nothing in these Terms will be deemed to waive,
preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court;
(b) pursue an enforcement action through the applicable federal, state, or local agency if that action is
available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of
law to address an intellectual property infringement claim.
21.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions
of this Section 21 within 30 days after the date that you agree to these Terms by sending a letter to Ticket
Barter, Attention: Legal Department –19915 James Couzens, Detroit MI 48235 that specifies: your full legal name,
the email address associated with your account on the Service, and a statement that you wish to opt out of
arbitration (“Opt-Out Notice”). Once Ticket Barter receives your Opt-Out Notice, this Section 21 will be void
and any action arising out of these Terms will be resolved as set forth in Section 22.2. The remaining
provisions of these Terms will not be affected by your Opt-Out Notice.
21.4 Arbitrator. Any arbitration between you and Ticket Barter will be settled under the Federal Arbitration Act
and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules
(collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at
www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Ticket Barter. The arbitrator has exclusive
authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this
binding arbitration agreement.
21.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of
the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if
that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”).
Ticket Barter’s address 19915 James Couzens, Detroit MI 48235. The Notice of Arbitration must: (a) describe the
nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties
will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do
so within 30 days after the Notice of Arbitration is received, you or Ticket Barter may commence an arbitration
proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the
parties in writing. During the arbitration, the amount of any settlement offer made by you or Ticket Barter must
not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the
arbitrator awards you an amount higher than the last written settlement amount offered by Ticket Barter in
settlement of the dispute prior to the award, Ticket Barter will pay to you the higher of: (i) the amount
awarded by the arbitrator; or (ii) $5,000.
21.6 Fees. If you commence arbitration in accordance with these Terms, Ticket Barter will reimburse you for
your payment of the filing fee, unless your claim is for more than $5,000, in which case the payment of any fees
will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in
Wayne County, Michigan, but if the claim is for $5,000 or less, you may choose whether the arbitration will be
conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based
telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of
your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in
the Demand is frivolous or 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 fees will be governed by the AAA Rules. In that case,
you agree to reimburse Ticket Barter for all monies previously disbursed by it that are otherwise your
obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the
arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions
on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to
the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either
party made within 14 days of the arbitrator’s ruling on the merits.
21.7 No Class Actions. YOU AND TICKET BARTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR
ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and Ticket Barter agree otherwise, the arbitrator may not consolidate more
than one person’s claims, and may not otherwise preside over any form of a representative or class
proceeding.
21.8 Modifications to this Arbitration Provision. If Ticket Barter makes any future change to this arbitration
provision, other than a change to Ticket Barter’s address for Notice of Arbitration, you may reject the change
by sending us written notice within 30 days of the change to Ticket Barter’s address for Notice of Arbitration,
in which case your account with Ticket Barter will be immediately terminated and this arbitration provision, as
in effect immediately prior to the changes you rejected will survive.
21.9 Enforceability. If Section 21.7 or the entirety of this Section 21 is found to be unenforceable, or if
Ticket Barter receives an Opt-Out Notice from you, then the entirety of this Section 21 will be null and void
and, in that case, the exclusive jurisdiction and venue described in Section 22.2 will govern any action arising
out of or related to these Terms.
22. Miscellaneous
22.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly
incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you
and Ticket Barter regarding your use of the Service. You may not assign or transfer these Terms or your rights
under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We
may assign these Terms at any time without notice or consent. The failure to require performance of any
provision will not affect our right to require performance at any other time after that, nor will a waiver by us
of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach
or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only
and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word
“including” means “including but not limited to”. If any part of these Terms is held to be invalid or
unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining
parts will remain in full force and effect.
22.2 Governing Law. These Terms are governed by the laws of the State of Michigan without regard to conflict of
law principles. You and Ticket Barter submit to the personal and exclusive jurisdiction of the state courts and
federal courts located within Wayne County, Michigan for resolution of any lawsuit or court proceeding permitted
under these Terms. We operate the Service from our offices in Michigan, and we make no representation that
Materials included in the Service are appropriate or available for use in other locations.
22.3 Privacy Policy. Please read the Ticket Barter Privacy Policy carefully for information relating to our
collection, use, storage, disclosure of your personal information. The Ticket Barter Privacy Policy is
incorporated by this reference into, and made a part of, these Terms.
22.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or
guidelines applicable to the Service or certain features of the Service that we may post on or link to from the
Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part
of, these Terms.
22.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic
communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more
about our electronic communications practices. You agree that any notices, agreements, disclosures, or other
communications that we send to you electronically will satisfy any legal communication requirements, including
that those communications be in writing.
22.6 Contact Information. The Service is offered by Ticket Barter, located at 19915 James Couzens, Detroit MI
48235. You may contact us by sending correspondence to that address or by emailing us at
admin@ticket-barter.com.
22.7 Notice to California Residents. If you are a California resident, under California Civil Code Section
1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or
by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further
information regarding use of the Service.
22.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer
support, the support will be subject to published policies.