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Premier Box Office
Premier Box Office

Terms of UseEffective Date: November 25, 2024

PLEASE CAREFULLY READ THIS AGREEMENT. BY USING PREMIERBOXOFFICE.COM, A SITE OPERATED BY PREMIER BOX OFFICE LLC (“PREMIER BOX OFFICE”, “WE”, “US”, OR “OUR”), OR BY SELLING ANY PRODUCT OR SERVICE ON OR THROUGH PREMIER BOX OFFICE, OR BY INDICATING YOUR ASSET TO THESE TERMS AND CONDITIONS (“TERMS OF USE”), YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND AGREE TO COMPLY WITH THEM. DO NOT ACCESS OR USE PREMIER BOX OFFICE’S SERVICES IF YOU DO NOT AGREE TO THESE TERMS OF USE.

THESE TERMS OF USE CONTAIN A CLASS WAIVER AS WELL AS A MANDATORY ARBITRATION AND DISPUTE RESOLUTION PROVISION THAT MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE. SPECIFICALLY, PLEASE REFER TO THE PROVISIONS REGARDING ARBITRATION BELOW, WHICH REQUIRE YOU AND PREMIER BOX OFFICE TO RESOLVE DISPUTES (WITH CERTAIN EXCEPTIONS) BY BINDING AND EXCLUSIVE ARBITRATION ON AN INDIVIDUAL BASIS INSTEAD OF IN COURT OR BEFORE A JURY, OR IN A CLASS ACTION OF ANY KIND. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND THAT YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY IN ANY FORUM, AS DESCRIBED IN MORE DETAIL BELOW. YOU HAVE A RIGHT TO OPT OUT OF ARBITRATION AND/OR THE CLASS ACTION, CLASS ARBITRATION, AND COLLECTIVE RELIEF WAIVER, AS EXPLAINED BELOW.

Our goal is to make your search and purchasing experience as easy and efficient as possible. These Terms of Use govern your use of PremierBoxOffice.com (“the site”), purchases through our customer call center, and your purchase of any product from, on, or through Premier Box Office. By using or visiting the site or purchasing tickets in any manner from the Premier Box Office Marketplace, you expressly agree to abide and be bound by these Terms of Use, as well as all applicable laws, ordinances and regulations. You represent that you are legally able to enter into a binding contract. If you are under the age of 18, then you may only use this site or our customer call center in conjunction with, and under the supervision of, a parent or guardian.

If you access or use PremierBoxOffice.com, purchase through our customer call center, or purchase any product from, on, or through Premier Box Office on behalf of a company, principal, or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms of Use and that the Terms of Use are fully binding on them. In such case, the term “you,” as used in these Terms of Use, will refer to such entity and its affiliates. If you do not have authority, you may not access or use PremierBoxOffice.com, purchase through our customer call center, or purchase any product from, on, or through Premier Box Office. Be advised that these Terms of Use contain disclaimers of warranties and limitations on liability that may be applicable to you.

Below you will find the full Terms of Use, which include but are not limited to, the specific items below that we are highlighting for you:

  • All orders placed on PremierBoxOffice.com or through our customer call center must be confirmed by the respective seller before the Buyer Guarantee takes effect.
  • Ticket prices may be above "face value" listed on the ticket (they may also be below "face value").
  • Confirmed orders may be filled with comparable or upgraded tickets if the original tickets are no longer available.
  • If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, any other pandemic, epidemic, or any other health or safety concern, venue security or other personnel relocate you to a location within the venue that is different from the seating location that you had purchased from us, or deny you access to an event for any reason, such relocation or denial of access will not qualify you for a refund or for other compensation.
  • All sales are final; there are no cancellations, returns, or exchanges.
  • If an event is cancelled with no rescheduled date, you will receive a full refund of the purchase price (including delivery charges, less possible restocking fees), or a credit for use on a future purchase, as determined at our sole discretion (this may vary by jurisdiction, including California (see California Business and Professions Code section 22507, under which Premier Box Office will facilitate a request for a refund from the ticket seller). If an event is postponed or rescheduled, and the original tickets are valid for entry at the time of the rescheduled event, your order will not qualify for a refund or other compensation, except in jurisdictions where it is required by law, including California (see California Business and Professions Code section 22507, under which Premier Box Office will facilitate the request for a refund from the ticket seller).

The Marketplace

Premier Box Office acts as a ticket marketplace. This means that we are an intermediary between ticket buyers and ticket sellers, allowing ticket buyers to find tickets for all their favorite live events. It also means that the Premier Box Office Marketplace is not the ticket seller, and the listed tickets are not listed by Premier Box Office on behalf of any venue, promoter, team, league or organizing group. Premier Box Office does not represent any official organizer of the events listed and is not suggesting any endorsement by or association with such official organizers or any venues, events, teams, leagues, performers or attractions.

Ticket Listings

Buyers may search PremierBoxOffice.com for a specific artist or team, event date or other search category. Each listing contains the event name, date, seat location, and price per ticket. Please note, the ticket price may be higher than the “face value” that appears on the ticket. The “notes” section of the listing, if present, highlights special characteristics of the tickets contained in the listing. Because you will have an opportunity to look at the tickets available for a particular event and determine which tickets to purchase, it is your responsibility to confirm any relevant details by contacting Premier Box Office. Ticket Listings do not purport to state the type of ticket and delivery method is not indicative of whether or not a ticket is hard stock or a PDF or any other ticket format. Premier Box Office does not guarantee the accuracy of any information provided by sellers on the Premier Box Office Marketplace.

Selecting and Purchasing Tickets

Once you identify the tickets you would like to purchase, and select them, you will be directed through the checkout process where you will enter your name and address and provide payment information. You will also be able to review the ticket details and the total order price which will include service and delivery fees and any applicable taxes. The service and delivery fees are added by Premier Box Office to the price of the tickets set by the seller. The service and delivery fees cover the costs of company operations, including connecting buyers to sellers with premium inventory to listed events, premium customer service, website improvements, and safe and secure checkout and delivery of ordered tickets.

By placing an order, you authorize Premier Box Office to charge your method of payment for the total order amount. Your order is then sent to the seller for confirmation. The seller will confirm the tickets are still available and you will receive notification that the tickets will be delivered. If you do not receive notification of ticket delivery, contact us at support@PremierBoxOffice.com for assistance. Upon seller confirmation, your method of payment will be charged.

Ticket Availability

All orders are subject to ticket availability. Premier Box Office will use commercially reasonable efforts to procure and timely deliver the exact tickets ordered. If those tickets are no longer available, Premier Box Office reserves the right to replace tickets with comparable or upgraded tickets, at Premier Box Office’s sole, reasonable discretion.

Zone Seating Program

For certain live events, we permit a limited number of pre-approved sellers to offer tickets for sale that they do not currently possess. These tickets are marked on the listing as part of our Zone Seating program. If you purchase under the Zone Seating program, the seller is committing to obtain the tickets described for you upon receipt of your order. After you place your order and your order is confirmed, we guarantee that your tickets will be within the listed zone or section listed or one comparable and that you will receive these tickets in time for the event or your money back. Orders exceeding four tickets may be split up into different rows within the requested zone or section.

Payment

By placing your order, you (i) acknowledge that sales are subject to our final Terms of Use, including the refund, postponement, and cancellation policies as stated throughout these terms; (ii) you acknowledge that Premier Box Office does not offer “buyer’s remorse” refunds; and (iii) you authorize Premier Box Office to charge your method of payment for the total amount, which includes the ticket price, service and delivery fees and any applicable taxes. You agree that you will not attempt to evade, avoid, or circumvent the limitations on your entitlement to a full or partial refund set forth in these conditions of sale. You will not seek a “chargeback” from a payment card issuer directly on legitimate charges, i.e., where our refusal to refund or credit a ticket purchase conformed to these posted Terms of Use. In the event that you dispute a charge with the card issuer and it is determined that the charge was valid and not the result of credit card or other payment fraud, Premier Box Office has the right to (i) seek payment, including all associated fees, by whatever lawful means necessary, including using collection agencies and legal proceedings; and (ii) refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and Premier Box Office may prohibit future purchases by all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision. Premier Box Office may also mitigate its damages by relisting and selling the tickets that are the subject of the underlying payment dispute.

Pricing Errors

A large volume of tickets are listed on the Premier Box Office Marketplace, and Premier Box Office makes every effort to prevent pricing errors. On rare occasions when pricing errors occur, Premier Box Office shall not be liable to the customer for this error. For the avoidance of doubt, if a ticket is subject to a pricing error, Premier Box Office may offer the tickets to you at the corrected price. If the corrected price is not acceptable to you, Premier Box Office will allow you to cancel your order.

Delivery of Tickets

Tickets may be delivered via Instant Download, Email, UPS, or Special Delivery for the charge stated during the checkout process. Some tickets are delivered by an alternative method which will be described at the time of checkout or in a subsequent email. For listings with no designated delivery method, tickets will typically be shipped by UPS. The delivery charge consists of the actual cost of delivery as well as a surcharge that supports Premier Box Office’s safe and secure ticket delivery, whether electronic, via shipping, or otherwise. Delivery method is not indicative of the type of ticket. Tickets in all forms, including hard stock and PDF, may be shipped via UPS.

Delivery will occur on or before the delivery date on the listing, regardless of delivery method. Special Delivery includes same day delivery and may include Will Call, onsite pick up at the venue, pick up from another designated location (typically within two (2) miles of the venue, if possible), or messenger service. The exact delivery location for Special Delivery orders will be designated by the seller.

When tickets are shipped to you, it is your responsibility to confirm that the tickets delivered to you are consistent with the order you placed. You shall have forty-eight (48) hours from the time of delivery to report any inconsistencies between your order and the delivered tickets. Premier Box Office shall not be liable or responsible for any inconsistencies discovered after the 48-hour window has passed.

Premier Box Office reserves the right to change the delivery method, at its sole discretion, and may deliver tickets for any order up to the event start time listed on the tickets. If the delivery method changes at any time prior to delivery, Premier Box Office will not charge the buyer additional delivery fees. You must notify Premier Box Office if you do not receive your tickets within 48 hours of the actual start time of the scheduled or rescheduled event. If you do not timely notify Premier Box Office, you may not be eligible for compensation based on non-delivery of tickets. Photo ID or other verification may be required to accept delivery.

Tickets are typically delivered per this schedule unless the delivery date in the listing is a date in the future (although timelines can vary in individual circumstances):

  • Instant Download – Within a few minutes of placing the order.
  • E-tickets – Within a few minutes of placing your order.
  • Shipped – Arrive in 1-3 business days from placing the order.
  • Special Delivery – at least one (1) hour before the scheduled event.

Ticket Holder Behavior Policy

Attendees to live events must abide by the rules and policies of the venue, promoter and anyone else responsible for the event. Failure to follow such rules and policies may lead to consequences against you or the seller or original ticket holder. If you or another person using the ticket you purchased from Premier Box Office fails to abide by those rules and policies, you are responsible for all applicable fines and legal or other expenses associated therewith. If you are asked to leave the event or you miss part of the event due to suspected or confirmed inappropriate behavior, you will not qualify for a refund or any other compensation. Further, should any violation result in the loss of the ticket seller’s season ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you shall be held liable for all reasonable costs, expenses and losses associated with said loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.

All Sales are Final

All sales are final. As discussed in other provisions of these Terms of Use, no compensation will be given for any reason except as explicitly described in these Terms of Use. This policy is necessary because of our status as a live marketplace. When a purchase is confirmed, the seller removes the associated tickets from the seller’s inventory. The pricing in the market also changes frequently, and just as the seller is not permitted to decline to confirm an order in anticipation of the market going up, buyers are not permitted to return tickets or cancel an order due to the market price going down. A buyer may sell their tickets on the Premier Box Office Marketplace if, after purchase, the buyer decides not to attend the event subject to certain restrictions, in which case a buyer may sell the tickets by alternative means.

If Premier Box Office fails to make an on-time delivery of any purchased ticket for an event, then Premier Box Office’s sole obligation or liability shall be limited to compensating the buyer for any payments made to Premier Box Office under this Agreement. An “on-time delivery” for purposes of this paragraph means delivery prior to the actual start time of the performance, regardless of the performance start time previously posted by any party. Premier Box Office reserves the right to cancel and refund the buyer’s order at any time for any reason.

Cancelled and Postponed Events

For cancelled events, Premier Box Office will refund the purchase price (including delivery charges, less possible restocking fees), or will issue a credit for use on a future purchase, as determined in its sole discretion (this may vary by jurisdiction, including California (see California Business and Professions Code section 22507, under which Premier Box Office will facilitate the request for a refund from the ticket seller)). To qualify for compensation, the buyer must return their tickets to Premier Box Office within 2 weeks of notice from Premier Box Office that the event is deemed “Cancelled.” No refunds or other compensation will be given without the original tickets, unless otherwise determined by Premier Box Office, in its sole discretion. Premier Box Office will determine when an event is cancelled based upon the best information available. Postponed or rescheduled events will not be refunded or otherwise compensated by Premier Box Office except in jurisdictions where it is required by law, including California (see California Business and Professions Code section 22507, under which Premier Box Office will facilitate refund requests from the ticket seller.

Event date, times, venue and subject matter (collectively “Event Details”) may change. We are not always notified if a show is postponed, rescheduled or cancelled. It is the buyer’s responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event. In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond Premier Box Office’s control. Premier Box Office shall not be held responsible for any such seating relocations or other changes to the Event Details and will not be obligated to provide a refund or any other compensation.

If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, any other pandemic or epidemic, or any other health or safety concern, the entity putting on the event has announced a seating or attendee capacity reduction of greater than 15%, Premier Box Office, at its sole option, reserves the right to cancel tickets for seating locations eliminated by the venue or to deem such event cancelled in its entirety. In the event that Premier Box Office deems an event cancelled in its entirety based on a reduction in capacity: (i) all outstanding orders for such event will be cancelled; and (ii) the event will be reposted for sale with the adjusted capacity and known restrictions. Any buyers whose tickets have been cancelled pursuant to this paragraph shall receive compensation for such cancellation as described above.

Denial of Admission

If you have difficulty gaining admission to an event, contact us immediately by calling 833.677.6227. If the issue you are experiencing is not resolved and you are denied admission, you must obtain proof from the venue verifying that you were denied entry and send that to Premier Box Office along with a statement describing the specific circumstances. Premier Box Office will provide you with a form to complete.

Upon receipt of the evidence and form, Premier Box Office will conduct an investigation. During that investigation, we will review the proof you submit and contact the seller. Other than any denial of entry caused by health or capacity concerns relating to the COVID-19 pandemic, any other pandemic or epidemic, or any other health or safety concern, in the event that Premier Box Office determines that you were indeed denied entry, at no fault of your own, you will receive a full refund of the cost of the ticket including all fees and shipping charges, less possible restocking fees, as the sole remedy. If the investigation results in a finding that you either did not attempt to use your tickets, you were granted entry, or your claim that you were denied entry has been found to be false, you will not be refunded, and you may be subject to the consequences described below.

When attending an event, you may be required by the venue or event organizer or such party’s agent to sign a waiver or other legal document in order to gain access to the venue. By purchasing tickets from us, you understand that you may be denied entry if you do not sign such waiver, and such denial of entry will not be the responsibility of Premier Box Office.

Your tickets and admission to the event are subject to all venue and/or event organizer/promoter safety and health policies (including, but not limited to, those related to the COVID-19 pandemic), which could include, but are not limited to, health screening or vaccination requirements. You acknowledge that the venue and/or event organizer/promoter may continue to develop and update these policies in the intervening time between your purchase and the event date due to, for example, the uncertainty or evolving nature of the COVID-19 pandemic or other safety or health concerns. By purchasing tickets, you acknowledge and agree that you will comply with such policies and your attendance at the event is conditioned on such compliance. If your admission to the event is denied or revoked because (i) you have willfully failed or refused to comply with any such safety and health policies of the venue and/or event organizer/promoter, or (ii) if you have failed any health screenings or lack the vaccination status required by the venue and/or event organizer/promoter, you will not be eligible for any compensation from Premier Box Office.

Warning Related to COVID-19 and Other Diseases or Illnesses

COVID-19 is an extremely contagious disease that can lead to severe illness and death. An inherent risk of exposure to and contraction of COVID-19 exists in any place or venue where people gather. You assume any and all risks, costs, and harms arising from or relating in any way to the risk of contracting, exposure to, or contraction of a communicable disease or illness—including, without limitation, COVID-19 or any other virus, bacteria, or other pathogen— and you hereby waive any and all claims and potential claims against Premier Box Office, and the Indemnified Parties (as such term is defined below) relating to such risks, harms, and/or exposures.

Lost, Stolen, Damaged or Otherwise Inaccessible Tickets

Please keep your tickets in a safe place. Premier Box Office is not responsible for lost, stolen, damaged, destroyed or otherwise inaccessible tickets and will not provide compensation for your order if you cannot locate or access your tickets once they are delivered to you. As stated above, Premier Box Office is a Marketplace and not associated with any venue so we do not generate tickets and cannot reissue replacements. Please note that direct sunlight or heat can damage certain types of tickets.

We may, at your request, ask the seller to re-issue your tickets. If you would like us to submit such a request, the payment method on file will be charged 15% of the order total for the re-issuance of your tickets (maximum of $200). If a re-issue is not possible, you will be refunded the re-issue fee.

Many tickets are accessible only through display via a mobile device. It is your responsibility to make certain that your mobile device is charged with sufficient power so that you can access your tickets when you arrive at the venue.

Privacy Policy

Premier Box Office uses your information only as described in Premier Box Office’s Privacy Policy.

Authorization

You authorize your wireless operator (AT&T, T-Mobile, Verizon, or any other branded wireless operator) to disclose to Premier Box Office and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See our Privacy Policy for how we treat your data.

Unlawful Activity; Acceptable Use

Premier Box Office prohibits the use of its Marketplace or the site for unlawful conduct. All users must comply with all local, state, federal and international laws, ordinances and regulations. By using the site, you agree not to use any false personal information or use an invalid or unauthorized credit or debit card. You agree not to use or permit anyone to use information provided through PremierBoxOffice.com for any unlawful or unauthorized purpose.

We are the sole interpreter of the site’s intended and acceptable use. The site is intended to be used by individuals or companies seeking to buy or sell tickets for ultimate use by an individual to attend an event and for no other purpose. If you are a venue, promoter or anyone else responsible for controlling admission to an event, you may not access our site or purchase tickets on the site for purposes of (i) identifying tickets available on our site or the sellers of those tickets; or (ii) revoking or voiding any tickets offered by sellers on the site or otherwise penalizing any sellers for offering tickets on this site.

Investigations and Consequences

Premier Box Office monitors compliance with these Terms of Use and investigates alleged violations and other complaints against users. This includes any attempt to defraud or otherwise harm Premier Box Office or sellers on the Marketplace. You are required to cooperate in such investigations including, but not limited to, providing any and all information requested.

Following an investigation, or for any other reason, Premier Box Office may, without prior notice, enforce certain consequences for violations of the Terms of Use, attempts to harm Premier Box Office and/or sellers on the Marketplace, or failure to cooperate with an investigation. Such consequences include but are not limited to:

  • Canceling confirmed orders
  • Issuing a warning
  • Suspending or terminating your account
  • Denying access to the Premier Box Office Marketplace
  • Rejecting pending orders
  • Blocking future transactions
  • Taking legal action such as filing civil or criminal charges or seeking an injunction

You agree that monetary damages may not provide a sufficient remedy to Premier Box Office for violations of these Terms of Use and that the damages and harm caused by such violation may lead to impaired good will, lost sales and increased expenses that are difficult to calculate. Accordingly, you consent to injunctive or other equitable relief for such violations.

Premier Box Office reserves the right to report to appropriate law enforcement authorities or other relevant third parties any activity that it believes, in its sole discretion, may in any way violate any local, state, federal or international law.

Intellectual Property Ownership

The site, including all site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) ("Premier Box Office Property") is owned by Premier Box Office and will remain the property of Premier Box Office. Users of the site acknowledge that they do not acquire any ownership rights by using the site. Users may not use any Premier Box Office Property in connection with any product or service that is not offered by Premier Box Office, in any manner that is likely to cause confusion with Premier Box Office’s business, or in any manner that disparages Premier Box Office. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Premier Box Office Property without the express written permission of Premier Box Office.

The content, organization, graphics, design, compilation, "look and feel" and all Premier Box Office Property available on the site, including, without limitation, images and written and other materials (the "Contents"), are intellectual property protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). You may not download, print, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise use or exploit any of the Content except in the course of viewing the site online for lawful purposes, and in making single copies of selected pages of the site for personal use and not for distribution or posting on any other site. You also agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Contents. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying other than the foregoing license to possess for personal use.

Premier Box Office respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached at: Attn: Copyright Complaints, 3100 Olympus Boulevard, Coppell, TX 75019 or legal@PremierBoxOffice.com.

Indemnification

You agree to indemnify, defend and hold Premier Box Office, its parents, affiliates, investors, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents, and other representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of these Terms of Use; (b) any allegation that any information you submit or transmit to the site infringe or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of Premier Box Office; and/or (d) your activities in connection with your use of the site.

Representations and Warranties

You represent and warrant to Premier Box Office that: (a) you have the legal right and authority to enter into the Terms of Use; (b) the Terms of Use form a binding legal obligation on your behalf; and (c) you have the legal right and authority to perform your obligations under the Terms of Use.

Disclaimers and Limitations on Liability

No Additional Warranties

THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PREMIER BOX OFFICE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. PREMIER BOX OFFICE DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. PREMIER BOX OFFICE IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

APPLICABLE LAW IN SOME JURISDICTIONS, SUCH AS THE STATE OF NEW JERSEY, DOES NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES AS SET FORTH IN THIS SECTION, SO SOME OR ALL OF THIS PROVISION MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PREMIER BOX OFFICE NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS) AS WELL AS FOR ANY MULTIPLIER ON OR INCREASE TO DAMAGES OR FOR ANY COSTS OR FEES (INCLUDING ATTORNEYS’ FEES), HOWEVER CAUSED, UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY, COMMON LAW, EQUITABLE, OR OTHER THEORY (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF USE OR LOST PROFITS, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMISSIONS) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE OR ANY TICKET OR SERVICE OBTAINED FROM, ON, OR THROUGH THE SITE (INCLUDING ATTENDANCE AT ANY EVENT). WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PREMIER BOX OFFICE AND ANY OTHER INDEMNIFIED PARTY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER ON THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, OR ATTENDANCE AT AN EVENT, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF PREMIER BOX OFFICE; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS. YOU AGREE THAT PREMIER BOX OFFICE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER LIMITATION OF LIABILITY IN THIS SECTION IS NOT PERMITTED, PREMIER BOX OFFICE’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THE MAXIMUM CUMULATIVE LIABILITY OF PREMIER BOX OFFICE, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OVER THE PAST TWELVE (12) MONTHS; OR (B) $200.

YOU ACKNOWLEDGE AND AGREE THAT NEITHER PREMIER BOX OFFICE NOR ANY OF THE INDEMNIFIED PARTIES ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PREMIER BOX OFFICE OR THE INDEMNIFIED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO TICKET SELLERS, OPERATORS OF VENUES AND EVENT ORGANIZERS/PROMOTERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES, SITES AND LOCATIONS RESTS ENTIRELY WITH YOU.

SOME JURISDICTIONS, INCLUDING BUT NOT LIMITED TO THE STATE OF NEW JERSEY, DO NOT ALLOW CERTAIN AGREEMENTS TO INCLUDE THE PROVISIONS OF THIS SECTION THAT (A) LIMIT OR EXCLUDE CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE; (B) LIMIT OR EXCLUDE THE USE OF ANY MULTIPLIER ON OR INCREASE TO DAMAGES; AND (C) LIMIT THE LIABILITY OF PREMIER BOX OFFICE, AND ANY OTHER INDEMNIFIED PARTY, TO THE GREATER OF (1) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OVER THE PAST TWELVE (12) MONTHS; OR (2) $200. THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO THE EXTENT, AND ONLY TO THE EXTENT, NOT PERMITTED BY APPLICABLE LAW.

Arbitration and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS.

You and Premier Box Office each agree that, except as provided in the “Exceptions” provision below, any and all disputes, controversies, disagreements, or claims arising in any way out of or relating in any way to: (i) these Terms of Use; (ii) your use of, or access to, the site (i.e., PremierBoxOffice.com); (iii) Premier Box Office’s services; (iv) any tickets or other items sold or purchased on or through the site; or (iv) any marketing, advertising, statements, communications, or representations regarding or related in any way to these Terms of Use, the site (including access to and use thereof), Premier Box Office’s services, and any tickets or other items sold or purchased on or through the site shall be fully, finally, and exclusively resolved through final and binding individual arbitration rather than in court. Binding arbitration means that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve such disputes. Consequently, you should read the entirety of this section carefully as it may significantly affect your legal rights.

YOU AND PREMIER BOX OFFICE EACH WAIVE ANY RIGHT TO A JURY TRIAL AS WELL AS ANY RIGHT TO BRING CLAIMS IN OR OTHERWISE PARTICIPATE IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING, AS SET FORTH BELOW.

Our past, present, and future affiliates and agents, as well as any of our successors and assigns, can invoke Premier Box Office’s rights under this agreement in the event they become involved in a dispute.

This arbitration agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this arbitration agreement or any prior agreement as well as claims that may arise after the termination of this arbitration agreement, consistent with the “Opting Out” provision set forth herein.

Except as expressly set forth herein, if any provision of this arbitration agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

Exceptions

Notwithstanding the remainder of this “Arbitration and Dispute Resolution” section, You and Premier Box Office agree that the following types of disputes will be resolved in court, unless both You and Premier Box Office agree to submit the dispute to arbitration pursuant to this Arbitration and Dispute Resolution section:

  1. Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as they are brought and maintained as an individual dispute and not as a class, representative, or consolidated proceeding or action; or
  2. Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief). For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the “Class Action, Class Arbitration, and Collective Relief Waiver” provision below does not prevent You from seeking public injunctive relief in an individual capacity to the extent otherwise permitted by law.

You and Premier Box Office also agree that for disputes or claims where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, You and Premier Box Office will first submit the dispute or claim for non-injunctive relief to arbitration pursuant to this “Arbitration and Dispute Resolution” section. The arbitrator will not be permitted to grant injunctive relief (unless the parties mutually agree otherwise). Once the arbitration of the dispute or claim for non-injunctive relief has concluded, You and/or Premier Box Office may seek the injunctive relief (including the public injunctive relief) in court to the extent permitted by law.

Any litigation in court of the foregoing types of disputes (except for small claims court actions) may be commenced only in a federal or state court located within Cook County, Illinois, and You and Premier Box Office each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and Premier Box Office agree that the dispute is subject to the “Class Action, Class Arbitration, and Collective Relief Waiver” provision set forth below.

Delegation

This agreement to arbitrate covers and includes threshold questions of arbitrability. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all disputes arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these Terms of Use, including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms of Use is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees. If any party disagrees about whether the foregoing provision (or any portion of this agreement to arbitrate, including without limitation the provisions relating to arbitration, the waiver of class or representative proceedings, and opting out) can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that dispute. Notwithstanding the foregoing, however, the parties agree that any issue concerning the validity of the Class Action, Class Arbitration, and Collective Relief Waiver and the batch arbitration provisions below must be decided by a court, and further agree that an arbitrator does not have authority to consider the validity of the Class Action, Class Arbitration, and Collective Relief Waiver and the batch arbitration provisions. Both you and Premier Box Office understand and agree that we are waiving our right to sue or go to court to assert or defend our rights, except as expressly set forth herein. The arbitrator has the right to impose sanctions in accordance with the arbitrator provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith.

Governing Law

The Federal Arbitration Act (“FAA”) governs this agreement to arbitrate in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of the parties’ arbitration agreement and all of its provisions, including, without limitation, the Class Action, Class Arbitration, and Collective Relief Waiver. State arbitration laws do not govern in any respect. Further, you and Premier Box Office each agree that the Terms of Use evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. To the extent state law applies, the parties’ arbitration agreement and the parties’ Class Action, Class Arbitration, and Collective Relief Waiver shall be governed by Illinois law, subject to conflict of law principles.

Informal Initial Dispute Mechanism

The parties shall use their best efforts first to settle informally any dispute, claim, question, or disagreement, and to engage in good-faith negotiations, before initiating arbitration or other legal proceedings, as applicable. Both you and we agree that this informal dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party. Failure to engage in this process could result in the award of fees against you. If either you or Premier Box Office intends to bring a claim against the other, that party must first send to the other, by certified mail, a completed Intent to Arbitrate Notice ("Intent Notice"). The Intent Notice to Premier Box Office should be sent to Premier Box Office, LLC, Attention: Legal Department, 3100 Olympus Boulevard, Coppell, TX 75019. The written description must address only your individual dispute (and not that of any other person or class of persons) and must provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. For any dispute that Premier Box Office initiates, we will send our written description of the dispute to the email address associated with your use of PremierBoxOffice.com. If you and Premier Box Office are unable to resolve the dispute described in the Intent Notice within thirty (30) days after the Intent Notice is sent, you or Premier Box Office may initiate an arbitration or other legal proceeding, as permitted by this “Arbitration and Dispute Resolution” provision. Neither party may initiate an arbitration or other legal proceeding, as applicable, during this 30-day period.

A good-faith engagement in informal dispute resolution shall be and is a prerequisite and condition precedent to either party initiating an arbitration or a lawsuit, as applicable. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process. If the party initiating litigation or arbitration, as applicable, does not satisfy any aspect of the requirements in this “Informal Initial Dispute Mechanism” section, a court can enjoin the filing or prosecution of the dispute in litigation or arbitration, as applicable. In addition, unless prohibited by applicable law, the arbitration provider cannot accept or administer the arbitration, nor assess any fees for such arbitration, if the party initiating arbitration does not satisfy any aspect of the requirements in this “Informal Initial Dispute Mechanism” section; if such arbitration already is pending, it must be dismissed.

Initiating Arbitration Proceedings; Rules, Venue, and Jurisdiction

After the parties have engaged in a good-faith effort to resolve their dispute(s) in accordance with the “Informal Initial Dispute Mechanism” section, and only if those efforts fail or if it is otherwise impossible for the parties to engage in the Informal Initial Dispute Mechanism process, then either party may initiate arbitration as set forth herein. If you decide to initiate arbitration, a copy of the arbitration must be sent to Premier Box Office, LLC, Attention: Legal Department, 3100 Olympus Boulevard, Coppell, TX 75019. If Premier Box Office is initiating arbitration, it will serve a copy of the demand to the email address associated with your use of PremierBoxOffice.com.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and Consumer Mass Arbitration Supplementary Rules, as modified by this agreement to arbitrate. In the case of face-to-face proceedings, the proceedings should be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by an Independent ADR Institution or by a Neutral pursuant to the Consumer Due Process Protocol (available at https://www.adr.org/consumer). The AAA’s rules are available at www.adr.org/rules. A form for initiating arbitration proceedings, Demand for Arbitration, is available on the AAA website. In addition to filing the Demand for Arbitration with the AAA, in accordance with its rules and procedures, you must send a copy of the completed form to Premier Box Office at the following address: Premier Box Office LLC, Attention: Legal Department, 3100 Olympus Boulevard, Coppell, TX 75019. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, subject to conflict of law principles. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

In the event that the AAA is unable to conduct the arbitration for any reason, you and Premier Box Office will mutually select an alternative arbitration provider, and the arbitration will be conducted pursuant to that provider’s applicable rules.

If the agreement to arbitrate is held unenforceable or invalid for any reason, any litigation against Premier Box Office (except for small claims court actions, as discussed above) may be commenced only in a federal or state court located within Cook County, Illinois, and you and we each consent to the jurisdiction of those courts for such purposes. The class action waiver set forth below shall still apply to the fullest extent permitted by law.

Arbitration Demand

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this arbitration agreement and to these Terms of Use. The arbitrator and/or AAA may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this arbitration agreement or to these Terms of Use.

Selection of Arbitrator

The parties agree that there will be one arbitrator and that the process for appointing an arbitrator will be the following manner: The AAA shall send simultaneously to each party to the dispute an identical list of 10 names of persons chosen from the National Roster (unless the AAA decides that a different number is appropriate). For a dispute or claim relating to the intellectual property of you, Premier Box Office, or any of Premier Box Office’s corporate family members (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents), the list from the National Roster shall be limited to individuals who either previously served as a federal judge or is an attorney who has specialized in intellectual property law for at least ten (10) years.

The parties will confer to attempt to agree to an arbitrator from the submitted list and to advise the AAA of their agreement. If the parties are unable to agree upon an arbitrator, each party to the dispute shall have 14 calendar days from the transmittal date in which to strike names objected to, number the remaining names in order of preference, and return the list to the AAA. The parties are not required to exchange selection lists. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable to that party. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the submitted lists, the AAA shall have the power to make the appointment from among other members of the National Roster without the submission of additional lists, except that for the appointment of an arbitrator for a dispute or claim relating to the intellectual property of you, Premier Box Office, or any of Premier Box Office’s corporate family members (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents), the individual appointed shall either previously have served as a federal judge or be an attorney who has specialized in intellectual property law for at least ten (10) years.

Dispositive Motions

Subject to the applicable AAA rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

Batching

To increase the efficiency of administration and resolution of arbitrations, in the event 25 or more claimants submit similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief), the parties are represented by the same or coordinated counsel, and the demands are submitted to AAA (or another arbitration provider selected in accordance with the arbitration agreement if AAA is unavailable) against Premier Box Office (“Mass Filing”), the parties agree (A) to administer the Mass Filing in batches of 25 demands per batch (to the extent there are fewer than 25 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (B) to designate one merits arbitrator for each batch; (C) to accept applicable fees, including any related fee reduction determined by AAA (or another arbitration provider selected in accordance with this arbitration agreement if AAA is unavailable) in its discretion; (D) that arbitration awards in one batch shall have no precedential effect on subsequently administered batches; and (E) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Premier Box Office and the claimants, shall only be due after the demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

Selection of a merits arbitrator for each batch shall be conducted to the greatest extent possible in accordance with the applicable AAA rules and procedures for such selection, and the merits arbitrator will determine the location where the proceedings will be conducted.

You agree to cooperate in good faith with Premier Box Office and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient and fair resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by the AAA. Notwithstanding the foregoing, any challenge by a party to the applicability, validity, or enforceability of this “Batching” provision shall be decided only by a court of competent jurisdiction and not by an arbitrator.

In the event that this “Batching” provision is found to be invalid or unenforceable, or in the event that AAA (or another arbitration provider selected in accordance with this arbitration agreement if AAA is unavailable) declines to implement this “Batching” provision for any reason, the entire arbitration agreement shall be of no force and effect when there are 25 or more individual arbitration demands relating to the same or similar facts and asserting the same or similar claims for relief, brought by claimants represented by the same counsel or counsel coordinating with one another. The Class Action, Class Arbitration, and Collective Relief Waiver, however, will still apply to the extent permitted by law.

This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of AAA’s Consumer Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind.

Arbitration Fees and Costs; Attorneys’ Fees and Expenses

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, we will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below). Each party is responsible for his, her, or its own attorneys’ fees and expenses, and Premier Box Office will not pay your attorneys’ fees or expenses except to the extent ordered to do so by the arbitrator. If you prevail in arbitration, however, you will be entitled to an award of reasonable attorneys’ fees and expenses to the extent allowed for under applicable law and ordered by the arbitrator. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse Premier Box Office for all fees associated with the arbitration paid by Premier Box Office that you otherwise would have been obligated to pay under the AAA rules. In determining whether an action is frivolous, the arbitrator may consider whether we have offered you a full refund of the sum you paid for items you purchased or have otherwise offered full relief to you in relation to your individual claim. If the arbitrator, upon final disposition of the case, finds your dispute was not frivolous, Premier Box Office will reimburse any filing fees that you paid and were not otherwise reimbursed.

Opting Out

You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate and/or the Class Action, Class Arbitration, and Collective Relief Waiver, you must notify Premier Box Office in writing within thirty (30) days of the date that you first access or use the site, purchase through our customer call center, or purchase any product from, on, or through Premier Box Office; otherwise you shall be bound to arbitrate disputes on an individual basis in accordance with the terms of this arbitration agreement. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with Premier Box Office through arbitration. Written notification should be mailed by certified mail to: Premier Box Office LLC, Attention: Legal Department, 3100 Olympus Boulevard, Coppell, TX 75019. If you do not opt out within thirty (30) days, then you accept all terms and conditions of the arbitration and dispute resolution procedures described above. If you opt out of only the arbitration provisions, and not also the Class Action, Class Arbitration, and Collective Action Waiver, the Class Action, Class Arbitration, and Collective Action Waiver still applies. You may not opt out of only the Class Action, Class Arbitration, and Collective Action Waiver and not also the arbitration provisions; accordingly, if you opt out of the Class Action, Class Arbitration, and Collective Action Waiver, you may not bring your claim in arbitration and may bring it only in court. If you opt out of the arbitration provisions, Premier Box Office also will not be bound by them.

Premier Box Office will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms of Use pursuant to the requirements set forth in that version. If you do not timely opt out of this arbitration agreement, such action shall constitute mutual acceptance of the terms of these arbitration and Class Action, Class Arbitration, and Collective Action Waiver provisions by you and Premier Box Office. If you agreed to previous and/or other arbitration agreement(s) with Premier Box Office and opt out of this arbitration agreement, you remain bound by those prior and/or other arbitration agreement(s) and must arbitrate any and all claims or disputes covered by those prior and/or other arbitration agreement(s), regardless of whether those claims or disputes arise after the date you execute this agreement.

Waiver of Rights Including Jury Trial

The parties understand that ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND PREMIER BOX OFFICE ARE EACH WAIVINGHE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Class Action, Class Arbitration, and Collective Relief Waiver

To the fullest extent permitted by applicable law, you and Premier Box Office each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“Class Action”). You and Premier Box Office AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and Premier Box Office EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and Premier Box Office agree that THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law, warranted by an individual claim(s), and consistent with the Exceptions clause above, and the “Batching” provision above shall also remain in effect where applicable.

IF THIS CLASS ACTION, CLASS ARBITRATION, AND COLLECTIVE RELIEF WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL ONLY PROCEED IN COURT AS PROVIDED HEREIN, BUT SHALL BE SEVERED AND STAYED PENDING INDIVIDUAL ARBIRATION OF ANY REMAINING CLAIMS. IF THIS CLASS ACTION, CLASS ARBITRATION, AND COLLECTIVE RELIEF WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE AS TO AN ENTIRE DISPUTE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH DISPUTE SO LONG AS THE DISPUTE IS PERMITTED TO PROCEED AS A CLASS ACTION.

If there is a final judicial determination that applicable law precludes enforcement of the limitations of this Class Action, Class Arbitration, and Collective Relief Waiver as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) must be severed from the arbitration and may be brought in court and not in arbitration. The parties agree, however, that any adjudication of claims or remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

This provision does not prevent you or Premier Box Office from participating in a class-wide settlement of claims.

No Class or Consolidated Arbitration Absent Written Consent

Unless Premier Box Office otherwise consents in writing, Premier Box Office does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. For the avoidance of doubt, however, the “Batching” provision herein shall still apply.

Confidentiality

Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing, testimony, and the arbitration award—will be confidential and will not be disclosed to any third party except to the arbitrator and their staff, the parties’ attorneys and their staff, and any experts retained by the parties, or as necessary to obtain court confirmation of the arbitration award or as otherwise required by law.

Arbitration Award

The arbitrator will render an award within the time frame specified in the applicable AAA rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this arbitration agreement, and subject to the “Exceptions” provision above. The parties agree that the damages and/or other relief must be consistent with the “Class Action, Class Arbitration, and Collective Relief” provision above, and also must be consistent with the terms of the “Limitation of Liability” section of these Terms of Use as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If the procedures set forth in the “Batching” provision apply, then arbitration awards in one batch shall have no precedential effect on subsequently administered batches. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration and awarded by the arbitrator.

Resale Tickets to Events in Illinois

Solely for purposes of 815 ILCS 414/1.5(c), for transactions involving resale tickets to events in Illinois, you or the ticket reseller may elect to submit complaints against one another to the AAA under its rules and procedures. The AAA’s rules are available at www.adr.org. Such complaints shall be decided by an independent arbitrator in accordance with these Terms of Use. You and ticket resellers also agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.

Modification

Premier Box Office has the right, in its sole discretion, to modify, suspend or discontinue any part of this site at any time, with or without notice.

Changes in Terms and Conditions

Premier Box Office reserves the right, in its sole discretion, to change these Terms of Use at any time.

If Premier Box Office changes any term or condition, said modification, revision, and additional information shall be posted here, automatically replace the existing terms and conditions, become effective immediately, and become binding on all users of the site to the extent permitted by applicable law. Your continued use of the site following Premier Box Office’s posting of revised terms and conditions constitutes your acceptance of the revised agreement to the extent permitted by applicable law.

If you reject any such changes by opting out of the revised arbitration agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law with respect to claims concerning or arising under the revised arbitration agreement. If you agreed to this arbitration agreement or a previous arbitration agreement with Premier Box Office and opt out of the revised arbitration agreement, you remain bound by this arbitration agreement and/or any prior arbitration agreement to which you did not opt out and must arbitrate any and all claims or disputes covered by this arbitration agreement and/or any such prior arbitration agreement, regardless of whether those claims or disputes arise after the date of the revised arbitration agreement. If Premier Box Office changes the terms of the arbitration sections after the date you first accepted the Terms of Use (or accepted any subsequent changes to the Terms of Use), you agree that your continued use of the site, or your continued purchases through our customer call center or of any product from or through Premier Box Office, after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described herein.

Force Majeure

Premier Box Office shall not be deemed in default or otherwise liable under these Terms of Use due to its inability to perform its obligations by reason of any act of God, fire, earthquake, blizzard, flood, epidemic, pandemic, danger to public health or safety, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, law, ordinance, regulation, legal order (unless caused by Premier Box Office’s default hereunder), failure or delay of any transportation, power, or communications system or any other similar cause not under Premier Box Office’s control.

Allocation of Risk

You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk and that the pricing and other terms and conditions of this agreement reflect such allocation of risk.

Additional Provisions

No agency, partnership, joint venture or other relationship is intended or created by your use of the site.

These Terms of Use, the use of the site, and any purchases of tickets hereunder will be governed by the laws of the State of Illinois, subject to conflict of law principles.

These Terms of Use contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.

All waivers by Premier Box Office under these Terms of Use must be in writing or later acknowledged by Premier Box Office in writing. Any waiver or failure by Premier Box Office to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver by Premier Box Office of any other provision or of such provision on any other occasion.

If any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, that provision will be ineffective to the extent necessary to comply with applicable law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the applicable law, and the remaining provisions in this agreement will remain in full force (except as discussed above with respect to the “Class Action, Class Arbitration, and Collective Relief Waiver” and "Batching” provisions).

If any provision of these Terms of Use is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected (except as discussed above with respect to the “Class Action, Class Arbitration, and Collective Relief Waiver” and "Batching” provisions). Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.

The heading at the beginning of each paragraph is for reference purposes and in no way defines the scope or extent of such paragraph.

Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic or other written form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Premier Box Office will not be responsible for failures to fulfill any obligations due to causes beyond its control.