General


Damn Good Seats acts as an intermediary between buyers and ticket brokers 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 the ticket brokers.  The following are the rules or "Terms" that govern use of the Damn Good Seats Web site ("Site") by you, the user of the Site ("User"). By using or visiting the Site, User expressly agrees to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site.  Damn Good Seats.com reserves the right to change these Terms at any time, effective immediately upon posting on the Site.  If User violates these Terms of Use, Damn Good Seats may terminate User's access to the Site, bar User from future use of the Site, cancel User's ticket order, and/or take appropriate legal action against User.


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 be issued. If an event is cancelled without a rescheduled date, User will need to contact Damn Good Seats for a refund. Damn Good Seats is not responsible for providing or securing this refund for User.  Any shipping and handling charges are not refundable. Neither Damn Good Seats or the Fulfilling Broker will issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets.  When User receives tickets, User should keep them in a safe place.  Please note that direct sunlight or heat may damage tickets.  Occasionally tickets ordered may no longer be available at the price or in the quantity originally ordered at the time the order is received. If equivalent or better seat locations are available at the same price, and User has chosen to be automatically upgraded, then Damn Good Seats will fill the order with the alternative seat locations.  If User is automatically upgraded, User's credit card will be charge at the time the order is received and User will be contacted for notification of the new seat locations.  If User has not chosen to be automatically upgraded, a representative from the Fulfilling Broker may contact User to discuss alternative seat locations.


Pricing

Tickets sold through our site are from secondary ticket market brokers and are being resold in
most cases above or below the price of "face value" listed on the ticket.  Damn Good Seats 
and its participating brokers are not affiliated with any performer, sports team, or venue and we
do not act as a primary sales box office.  Damn Good Seats cannot confirm the price of an item 
until you order; however, Damn Good Seats will charge your credit card when the tickets have
been secured.
  

            
Shipping and Delivery

 
Damngoodseats.com uses FedEx for the delivery of all tickets ordered.  If the event isApproaching soon, we will ship overnight or email the ticket order if necessary.  Ticket ordersfor today's events may need to be collected from a local pickup location if the tickets are not able to be emailed. Damngoodseats.com will phone or email the pickup instructions once the order has been confirmed.  In most instances, will call at the stadium is not available.  Most orders are processed the same business day in which they are received.  Orders placed after business hours may be processed on the next business day.  For certain events, tickets may not be available for immediate shipment.  In this case, an estimated shipping date will beprovided on invoice emailed to User. Tickets will be shipped when available, and choice of anexpedited delivery method does not guarantee that tickets will be shipped immediately.  Allshipments will require a signature at the point of delivery.  Customers outside of the UnitedStates must choose an International Delivery option.  If any other option is chosen for an orderoutside the United States, the shipping cost may be adjusted by Damngoodseats.com after the order is placed to use the International Rate.  For security reasons we will only ship to thebilling address on file with the credit card company of the credit card used for the order.Additional information may be required before ticket orders are sent to any address other than the billing address(Please see Additional Proof of Identity).  If a PO Box is provided as thebilling address Damngoodseats.com will contact you for a physical address to send your ticket order to.  The postal service will not accept a FedEx package.  Ticket orders that are returned to Damngoodseats.com are subject to additional shipping fees to have the ticket order resent.  All pickup orders must be collected in 3 business days from when the order was placed.  Ticket orders that are not collected in 3 business days are subject to a FedEx fee.

 
Additional Proof of Identity

In order to protect our useres from fraud, User may be required to provide additional proof ofidentity on any order.  Proof of identity may include but is not limited to a signed credit cardauthorization and/or photocopies of notarized public documents such as a state driver'slicense or federal passport.  Failure to comply can result in order cancellation and/or

cancellation fees.

           

Permitted Use

User agrees that User is only authorized to visit, view and to retain a copy of pages of this Site for User's 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 andpromotional information, for personal use, or to purchase tickets or merchandise for User'spersonal use, unless otherwise specifically authorized by Damngoodseats to do so.  The content and software on    this Site is the property of Damngoodseats.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.  Damn Good Seats has no control over these sites or the content within them. Damn Good Seats does not endorse the content of any third party site, nor do wewarrant that they will not contain viruses or otherwise impact User's computer systems.  By using the Site to search for or link to another site, User agrees and understands that User may not make any claim against Damn Good Seats for any damages or losses, whatsoever, resulting from use of the Site to obtain search results or to link to another site.  If User experiences a problem with a link from the Site, please notify us atsales@damngoodseats.com and we will investigate User's claim and take any actions we deem appropriate in our sole discretion.

           

Violation of the terms

Damn Good Seats, in its sole discretion, and without prior notice, may terminate User'saccess to the Site, cancel User's ticket order or exercise any other remedy available to it..User agrees that monetary damages may not provide a sufficient remedy to

Damn Good Seats for violations of these terms and conditions and User consents to injunctive or other equitable relief for such violations.  Damn Good Seats may release User information if required by law or subpoena, or if the information is necessary or

appropriate to release to address an unlawful or harmful activity.  Damn Good Seats is not required to provide any refund to User if you are terminated as a user of this Site.

           

Copyright Policy

All text, graphics, files, applets, scripts, software and other works on the Site are thecopyrighted works of Damn Good Seats. All Rights Reserved.  Any unauthorized redistribution or reproduction of any copyrighted materials on the Site is strictly prohibited.  Damn Good Seats and damngoodseats.com are protected marks of Damn Good Seats.  Damn Good Seats reserves the right to terminate the privileges of any User who uses this Site 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 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.


Disclaimer

Damn Good Seats MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT, SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. Damn Good Seats MAKES NO ASSURANCES THAT FILES USER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.  Damn Good Seats DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  Damn Good Seats WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OFPROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY,TORT, NEGLIGENCE, PRODUCT LIABILITY OF OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Damn Good Seats DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, Damn Good Seats USERS, ADVERTISERS AND/ORSPONSORS ON THE SITE, IN CONNECTION WITH THE Damn Good Seats SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE Damn Good Seats SERVICE.  Damn Good Seats IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE, PERFORMER, PROMOTER OR OTHER THIRY PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.


Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Damn Good Seats be liable to User for any indirect, consequential, exemplary, Incidental, special or punitive damages, including lost profits, even if Damn Good Seats has been advised of the possibility of such damages.  Disputes.  If there is any dispute about or involving the Site, by using the Site, User agrees that the dispute will be governed by the laws of the State of Connecticut without regard to its conflict of law provisions.  Users agrees to personal jurisdiction by venue in the state and federal courts of the State of Connecticut, City of Hartford.  Indemnity. User agrees to indemnify and hold Damn Good Seats, 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 User's use of the Site, including also User's use of the Site to provide a link to another site or to upload content or other information to the Site.


Registration

Certain areas of the Site are provided solely to registered Users of the Site.  Any User registering for such access agrees to provide true and accurate information during the registration process.  Damn Good Seats reserves the right to terminate the access of Users should Damn Good Seats know, or have reasonable grounds to suspect that a User has entered false or misleading information during the registration process.  ALL REGISTERED USERS MUST BE OVER EIGHTEEN(18) YEARS OF AGE. Children under the age of eighteen (18) shall not be permitted to register.  Damn Good Seats reserves the right to require valid credit card information as proof of legal age.  Damn Good Seats maintains a strict online Privacy Policy and will not sell or provide User credit card information to third parties.


User Account

User will select a username and password as part of the registration process.  All Useraccount pages are protected with Secure Socket Layer(SSL) encryption.  User is fully responsible for maintaining the confidentiality of their username and password.  User agrees to immediately notify Damn Good Seats at sales@damngoodseats.com

Should User know or have reasonable grounds to suspect, that the username or password have been compromised.  Damn Good Seats shall not be responsible for User's failure to abide by this paragraph.  Damn Good Seats may, in its sole discretion, terminate the User's account for any reason.  Under no circumstances shall Damn Good Seats be liable to any User or third party for termination of a User's account.  Third Party Advertisers. Damn Good Seats undertakes no responsibility for User's dealings with, including any on-line or other purchases from, any third party advertisers.  Damn Good Seats shall not be responsible for any loss or damage incurred by User in its dealings with third party advertisers.