General.

The following are the rules or "Terms" that govern use of the eSellOut.com Web site ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. eSellOut.com reserves the right to change these Terms at any time, effective immediately upon posting on the Site. If you violate these Terms of Use, eSellOut.com may terminate your use of the Site, bar you from future use of the Site, cancel your ticket order, and/or take appropriate legal action against you.

Orders.

All sales are final. Since tickets are a one-of-a-kind item and not replaceable, there are no refunds, exchanges or cancellations. If an event is postponed, tickets will be honored for the rescheduled date. New tickets will not need to be issued. If an event is cancelled without a rescheduled date, you will receive a full refund for the amount that you paid for the tickets. Any shipping and handling charges are not refundable. eSellOut.com will not issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. When you receive your tickets, please keep them in a safe place. Please note that direct sunlight or heat can sometimes damage tickets. Occasionally, the tickets you order may no longer be available at the time your order is received. If equivalent or better seat locations are available at the same price, and you have chosen to be automatically upgraded, we will fill your with the alternative seat locations. If you are automatically upgraded, your credit card will be charged at the time your order is received and you will be contacted for notification of your new seat locations. If you have not chosen to be automatically upgraded, a eSellOut.com representative will contact you to discuss alternative seat locations, and your credit card will not be charged until we have received permission from you to fill your order with alternative seat locations. All orders are shipped to the billing address of your credit card (no exceptions) via your chosen shipping method. If you choose to ship to a different address, eSellOut.com will require completion of an authorization form provided to you via email or fax. Most orders are processed the same business day in which they are received. Orders placed after hours will be processed on the next business day. For certain events, tickets may not be available for immediate shipment. In this case, a eSellOut.com representative will contact you with notification of approximately when your tickets will be shipped. All shipments require a signature at the point of delivery. Will Call Guidelines: Tickets will be left at “Will Call” under the name on the order unless otherwise specified. They will be available one hour before event time.

Privacy Policy.

This privacy policy (Privacy Policy) covers eSellOut.com 's treatment of personal or personally identifiable information (Personal Information) that may be collected when User is on the Site and when User uses eSellOut.com services. This Privacy Policy does not apply to the practices of companies or individuals that eSellOut.com does not own or exercise supervisory control over, or to third party advertisers on the Site. eSellOut.com may collect Personal Information when User uses certain services on the Site or when User visits cookie-enabled web pages. eSellOut.com may also log your IP address when User accesses the Site. eSellOut.com uses this Personal Information to fulfill requests for our services or products, to contact Users regarding changes to our Site or our business, and to customize the content that User might see on the Site. eSellOut.com may also use "cookie" files to better service User needs by creating a customized template or web page to the Site. eSellOut.com will not sell or rent User's Personal Information to any individual, business or government entity unless requested by User or if eSellOut.com is required to respond to court orders, subpoenas or other legal process. eSellOut.com reserves the right to amend this policy at any time. eSellOut.com will contact registered Users by email or shall post a notice of changes in its Site, when and if the terms of this policy are amended.

Pricing

Tickets sold through our site are from secondary ticket market brokers and are being resold in many cases above the price or "face value" listed on the ticket. eSellOut.com and its participating brokers are not directly affiliated with any performer, sports team, or venue and we do not act as a primary sale box office.

Permitted Use.

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for your personal use, unless otherwise specifically authorized by eSellOut.com to do so. The content and software on this Site is the property of eSellOut.com and/or its suppliers and is protected by U.S. and international copyright laws.

Links.

The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. eSellOut.com has no control over these sites or the content within them. eSellOut.com cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. eSellOut.com does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against eSellOut.com for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at sales [at] esellout [dot] com and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

Prohibited Content.

The following is a partial list of the kind of Content that is illegal or prohibited on the Site. It includes Content that:

• Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Could be harmful to minors;
• Harasses or advocates harassment of another person;
• Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
• Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Displays pornographic or sexually explicit material of any kind;
• Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
• Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Violation of the Terms.

You understand and agree that in the sole discretion of eSellOut.com , and without prior notice, eSellOut.com may terminate your access to the Site, cancel your ticket order or exercise any other remedy available and remove any unauthorized User Content, if eSellOut.com believes that the User Content you provided has violated or is inconsistent with these Terms of Use violated the rights of eSellOut.com , another User or the law. You agree that monetary damages may not provide a sufficient remedy to eSellOut.com for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. eSellOut.com may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. eSellOut.com is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use.

Copyright Policy.

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so. In particular, users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the Site prior to that time if we believe that the alleged infringement has occurred.

Disclaimers.

eSellOut.com does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. eSellOut.com cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. eSellOut.com disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. eSellOut.com will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, punitive and consequential damages. Please note: seat numbers reflected on our invoice are not guaranteed.

eSellOut.com makes no guarantee of any specific result from use of this Site or use of the eSellOut.com service.

Limitation on Liability.

Except in jurisdictions where such provisions are restricted, in no event will eSellOut.com be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if eSellOut.com has been advised of the possibility of such damages.

Disputes.

If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of Maryland 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 Maryland. If you initiate a credit card chargeback, you agree to pay an additional fifty dollar ($55) service fee above the sale amount if the dispute is resolved in favor of eSellOut.com.

Indemnity.

You agree to indemnify and hold eSellOut.com, its subsidiaries, affiliates, 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 Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.