Terms of Use

“Active Offer” means an Offer that has not expired, been cancelled by the Buyer, been automatically cancelled under the Buyer's multi-Offer preferences, or been accepted by a Seller.

“Buyer” means a user who purchases or seeks to purchase tickets through the Services, whether by accepting a posted Listing or by submitting an Offer.

“Listing” means a posted offer to sell one or more tickets through the Services at a stated price, including the section, row, seat (where applicable), quantity, and any disclosed restrictions or attributes.

“Offer” means a binding offer submitted by a Buyer through the Services to purchase tickets meeting specified criteria (including event, quantity, price, and any of the offer types described in the Seller Handbook, such as Get Me In, Row, Row + Rows Ahead, Section, or Multi Section). The Offer types and their operation are described more fully in the Seller Handbook.

“Offer Acceptance” means the Seller’s affirmative acceptance of an Active Offer through the functionality made available on the Services.

“Seller” means a user who lists tickets for sale or accepts an Offer through the Services, including consumers, season ticket holders, professional ticket brokers, and other resellers.

“Seller Handbook” means the operational rules, fee schedules, payout terms, listing requirements, and related policies applicable to Sellers, as made available to Sellers through the Services and as updated from time to time. The Seller Handbook is incorporated into these Terms of Use by reference and forms a binding part of these Terms of Use as between Got Seats and Sellers.

“Tickets” means any tickets, passes, credentials, or other rights of admission to a live event, in any format (including mobile transfer, electronic ticket, hard ticket, or will-call), that are listed for sale or sold through the Services.

“Transaction” means a completed sale of one or more Tickets through the Services, whether resulting from a Buyer’s acceptance of a Listing or from Offer Acceptance.

Got Seats operates the Services as an online marketplace and venue that enables independent Buyers and Sellers to transact directly with each other. Got Seats is not a Buyer, a Seller, an agent of any Buyer or Seller, a venue, an event promoter, a performer, an artist, a team, a league, or a primary ticket issuer, and Got Seats does not own, hold title to, take possession of, or have any beneficial interest in any Tickets listed or sold through the Services. Each Transaction is a contract solely between the Buyer and the Seller, not between Got Seats and either of them.

Notwithstanding the foregoing, Got Seats may, in its capacity as the marketplace operator: (i) collect funds from Buyers and remit them to Sellers in accordance with Section 7 (Listings, Offers, and Transactions); (ii) facilitate Ticket delivery; (iii) provide the Got Seats Guarantee described in Section 8; (iv) charge fees and commissions as set forth in the Seller Handbook; (v) impose listing, pricing, and conduct requirements; and (vi) suspend, cancel, or reverse Transactions in the circumstances described in these Terms of Use.

The Services do not constitute an auction, and the Offer functionality is not an auction within the meaning of the Uniform Commercial Code (including UCC § 2-328) or any similar law. Offers are private, Buyer-initiated proposals to purchase Tickets meeting specified criteria, which a Seller may accept or reject in accordance with these Terms of Use and the Seller Handbook.

Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, seat maps, venue maps, pricing data, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates and/or identified third parties (collectively, the “Service Content”). Service Content does not include Listings, User Content, or other content provided by Buyers or Sellers, the rights in which are addressed in Sections 7 and 11. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

References on the Services to any third-party event, venue, performer, team, league, artist, or other rights holder, including the use of associated names, logos, and trademarks, are made solely to identify the Tickets being listed or sold and do not constitute or imply any endorsement, sponsorship, or affiliation by or with such third party. All such marks are the property of their respective owners.

We may offer certain portions of our Services at no charge (e.g., browsing the Website) and may charge fees for transacting through our Services (e.g., service fees, delivery fees, and seller commissions, as further described in Section 7 (Listings, Offers, and Transactions) and the Seller Handbook). In all instances, our Services are not being sold to you; rather, you are being granted a limited, revocable, non-exclusive, non-transferable license to access and use our Services for the purposes contemplated by these Terms of Use. The license to use any of our paid features does not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.).

Third-Party Terms:

Our Services are provided for personal, non-commercial use, except that registered Sellers may use the Services to list and sell Tickets in accordance with these Terms of Use and the Seller Handbook, including in the course of a professional ticket resale business. When using our Services, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law, the Better Online Ticket Sales Act of 2016 (15 U.S.C. § 45c) (the “BOTS Act”), the Federal Trade Commission’s Rule on Unfair or Deceptive Fees, 16 C.F.R. Part 464 (the “FTC Junk Fees Rule”), and all state and local ticket-resale, consumer-protection, price-disclosure, refund-mandate, and ticket-broker licensing and registration laws applicable to your activities. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing Service Content.

Any software that is made available to view and/or download in connection with our Websites is owned or controlled by us and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. We accept no responsibility or liability in connection with any software owned or controlled by third parties.

To the extent that our Websites contain links to outside services and resources, we do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to that particular service or resource.

Furthermore, except as expressly permitted in these Terms of Use, you may not:

You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.

In order to access or use some features of our Services, including listing Tickets for sale, submitting an Offer, or purchasing Tickets, you must register for an account and be at least eighteen (18) years of age. If you are under the age of thirteen (13), then you are not permitted to register as a user, sign up for any promotional messages, or otherwise provide us any personal information.

If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you may create a username and password (an “Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity, including all Listings posted, Offers submitted, Offers Accepted, and Transactions completed using your Account. You agree to contact us by clicking the “Contact Us” link on our Website immediately if you become aware of any breach of security or unauthorized use of your Account.

Promotional Messages. Our Services may include sending you promotional e-mails/newsletters and/or text/SMS messages. These are typically recurring message programs that, upon registration, result in messages being automatically sent to you until you unsubscribe via any of our disclosed methods. To receive any of these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, e-mail address, mobile number, etc.). Our use of the information you provide is governed by our Privacy Policy.

Seller Listings. A Seller may list Tickets for sale through the Services by creating a Listing that includes, at a minimum, the event, venue, date, time, section, row, seat (where applicable), quantity, asking price, In-Hand Date, delivery method, and any restrictions, attributes, or limitations applicable to the Tickets (including, without limitation, obstructed view, age restrictions, alcohol restrictions, accessibility designations, and any limits on resale or transfer imposed by the primary ticket issuer or venue, and any parking pass or approved Non-Event Ticket Item included with the Listing, each as further described in the Seller Handbook). Sellers must accurately describe the Tickets and may not omit material information. Sellers must comply with all listing requirements, pricing rules, and operational requirements set forth in the Seller Handbook.

Seller Representations and Warranties. By posting a Listing or accepting an Offer, Seller represents, warrants, and covenants to Got Seats and to the Buyer that:

Buyer Offers; Contract Formation.

Pricing; All-In Pricing; Fees and Taxes. Consistent with the FTC Junk Fees Rule (16 C.F.R. Part 464) and applicable state all-in pricing and fee-disclosure laws, we display the total price payable by a Buyer for a Transaction (including the base ticket price and all mandatory fees) clearly and conspicuously wherever Tickets are advertised or offered for sale on the Services, and we provide an itemized breakdown of the base ticket price and each mandatory fee before the Buyer is required to commit to a Transaction. Where reasonably calculable, applicable taxes are also displayed. Sellers determine their own asking prices for Listings, and Buyers determine their own offer prices for Offers, in each case subject to any minimum, maximum, or other pricing requirements set forth in the Seller Handbook or imposed by applicable law. Buyer acknowledges that prices on the Services may be set dynamically and may change at any time prior to the Buyer’s commitment to a Transaction; once a Buyer has committed to a Transaction (whether by accepting a Listing or by submitting an Offer), the price applicable to that Transaction is fixed at the price disclosed at the time of commitment. Got Seats charges Buyers a service fee, and, where applicable, a delivery fee, on each Transaction; the amount or methodology for calculating these fees is disclosed through the Services. Got Seats separately charges Sellers a commission and other fees and charges (including chargeback-related charges), as described in the Seller Handbook. Stripe's payment-processing fees are absorbed by Got Seats as part of the Seller commission structure and are not separately charged to Buyers or Sellers. Buyer is responsible for all sales, use, amusement, and similar transaction taxes applicable to the Transaction, except to the extent Got Seats is required by law to collect and remit such taxes on Buyer’s behalf. Sellers are responsible for any income, business, or self-employment taxes arising from Sellers’ transactions on the Services and for all required tax reporting (including, where applicable, the provision of a Form W-9 or other tax information requested by Got Seats and the receipt of Form 1099-K reports).

Payment Processing; Settlement; Payouts.

Ticket Delivery.

Coverage. Subject to the terms and conditions of these Terms of Use, when a Buyer purchases Tickets through the Services, Got Seats provides the Got Seats Guarantee, under which Got Seats will, at Got Seats’ option, provide the Buyer with comparable replacement Tickets or a refund of the amount paid by the Buyer (including service fees and delivery fees, but excluding any optional add-ons that have been used or rendered) if: (i) Seller fails to deliver the Tickets by the applicable deadline; (ii) the Tickets are not valid for entry to the event for reasons attributable to Seller (including duplicated, cancelled, or fraudulent Tickets, and including denied entry resulting from a failed URL link delivery as described in the Seller Handbook); (iii) the Tickets materially differ from the description in the Listing or accepted Offer, excluding any substitution made in accordance with Section 7 (Substitutions), which does not constitute a material difference; or (iv) the event is cancelled and not rescheduled, as further described in Section 9 (Event Cancellation, Postponement, and Rescheduling).

Exclusions. The Got Seats Guarantee does not apply to: (i) any change in event circumstances that does not render the Tickets invalid (including changes in performers, opening acts, weather conditions, or game outcome); (ii) Buyer’s inability to attend the event for any reason other than as described in Section 8(a); (iii) any failure of Buyer to follow the Tickets’ delivery, transfer, or redemption instructions, or to use a compatible device or account; (iv) Tickets that have been used, scanned, redeemed, or transferred away by Buyer; (v) any postponed or rescheduled event for which the original Tickets are honored, except as set forth in Section 9 (Event Cancellation, Postponement, and Rescheduling); (vi) any optional add-on or third-party service purchased through or in connection with the Services (including ticket insurance, parking, or hospitality), which is governed by its own terms; and (vii) Transactions in which Buyer has materially breached these Terms of Use.

Process. To make a claim under the Got Seats Guarantee, Buyer must contact Got Seats through the Services within the timeframe and using the procedure set forth in the Services. Got Seats may require Buyer to provide reasonable evidence of the asserted issue and to cooperate with Got Seats’ investigation. Got Seats reserves the right to determine, in its reasonable discretion, whether a claim is covered by the Got Seats Guarantee and whether to provide replacement Tickets or a refund.

Sole Remedy. The Got Seats Guarantee is the Buyer’s sole and exclusive remedy from Got Seats with respect to the matters covered by the Guarantee, and is provided in lieu of any other express or implied warranties from Got Seats with respect to such matters. Nothing in this Section 8 limits any rights Buyer may have directly against the Seller. Nothing in Section 15 (Limitation on Liability) limits Got Seats’ obligation to provide the refunds or replacement Tickets described in this Section 8, or any refund required by applicable law.

Cancelled Events. If an event is cancelled and not rescheduled, Got Seats will refund the Buyer the amount paid by the Buyer for the Tickets (including service fees and delivery fees, but excluding any optional add-ons that have been used or rendered). Refunds will be issued to the original payment method unless Got Seats offers and Buyer elects to receive a credit to Buyer’s account, or the original payment method is unavailable, in which case Got Seats may issue the refund as a credit to the Buyer’s account. Seller will not be entitled to payout for cancelled events; if a payout has already been made, Got Seats may recover the amount as set forth in Section 7(e)(iii) (Set-Off and Recoupment).

Postponed and Rescheduled Events. If an event is postponed or rescheduled and the original Tickets are honored for the new date, the Transaction will remain in effect, the Tickets will be valid for the new date, and no refund will be issued, except as required by applicable law. Buyer remains responsible for attendance on the rescheduled date. Got Seats has no obligation to refund or replace Tickets for postponed or rescheduled events for which the original Tickets are honored, except as required by applicable law.

Material Changes to Events. If an event undergoes a material change (including, by way of example, a change of venue or a change in headlining performer or team), Got Seats may, in its sole discretion, treat the event as cancelled, as postponed, or as proceeding as scheduled, taking into account the position of the primary ticket issuer, venue, or rights holder.

Force Majeure. The status of an event (cancelled, postponed, rescheduled, or otherwise) is determined by the primary ticket issuer, venue, performer, team, league, or other rights holder, and not by Got Seats. Got Seats has no liability for the cancellation, postponement, rescheduling, or material change of an event.

Compliance with Applicable Law. Notwithstanding anything to the contrary in this Section 9, Got Seats will provide refunds and other remedies to Buyers in connection with cancelled, postponed, rescheduled, or materially changed events to the extent required by applicable law. Refunds issued under this Section 9(e) will be funded as set forth in Section 7(e)(iii) (Set-Off and Recoupment) and Section 9(a) (Cancelled Events) (including, where applicable, by recoupment from the Seller’s payouts).

The Seller Handbook contains operational rules, fee and commission schedules, payout terms, listing requirements, pricing rules, delivery deadlines, dispute and chargeback procedures, tax-reporting mechanics, and other policies applicable to Sellers using the Services. The Seller Handbook is hereby incorporated into these Terms of Use by reference and forms a binding part of these Terms of Use as between Got Seats and Sellers. By posting a Listing, accepting an Offer, or otherwise using the Services as a Seller, Seller acknowledges and agrees to be bound by the Seller Handbook then in effect.

Got Seats may modify the Seller Handbook from time to time by posting an updated version of the Seller Handbook on the Services or by providing Sellers with notice through the contact information associated with their Accounts. Modifications to fees, commissions, or payout timing will become effective no earlier than fourteen (14) days after notice, except where a shorter or immediate effective date is required to comply with applicable law, payment-processor requirements, fraud or risk-management needs, or to address a security or operational issue. Continued use of the Services as a Seller following the effective date of any modification constitutes Seller’s acceptance of the modification.

In the event of a conflict between these Terms of Use and the Seller Handbook, these Terms of Use control with respect to the matters expressly addressed in these Terms of Use, and the Seller Handbook controls with respect to operational, fee, payout, and other matters expressly delegated to it.

We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, reviews, ratings, Listings (and the descriptions, photographs, and information contained therein), and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

You represent, warrant, and covenant that you will not submit any User Content that:

For the avoidance of doubt, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.

By submitting User Content to us, simultaneously with such posting you automatically grant, represent or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (i) in connection with our business; and (ii) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

By submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “Leena M. – Wyoming, OH”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with the terms of our Privacy Policy, where it is applicable.

We do not accept or consider, directly or through any employee or agent, unsolicited ideas of any kind, including without limitation, creative content, ideas, or suggestions relating to new or improved products, enhancements, names or technologies, advertising, and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).

We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content, including any Listing.

We provide our Services including, without limitation, Service Content for informational, transactional, entertainment, and/or promotional purposes only. Information about events, venues, performers, seat maps, and other event details displayed on the Services may be sourced from third parties (including primary ticket issuers, venues, and Sellers) and may not be complete, current, or accurate at all times. You may not rely on any information and opinions expressed through any of our Services as a substitute for direct verification with the primary ticket issuer, venue, or other authoritative source. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.

In many instances, Service Content will include content posted by a third-party (including User Content posted by Sellers and Buyers) or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.

Our Services may link or contain links to other websites maintained by third parties, including primary ticket issuers, venues, transfer platforms, and payment processors. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

You agree to defend, indemnify and hold harmless Got Seats, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Got Seats Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorney’s fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content (including any Listing) provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use, the Seller Handbook, or any third-party terms applicable to the Tickets; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us or to another user, including the Seller Representations and Warranties set forth in Section 7(b); (v) any Transaction to which you are a party (whether as Buyer or Seller), including any claim by the counterparty arising from the Transaction; (vi) any claim by a primary ticket issuer, venue, performer, team, league, or other rights holder arising from your acquisition, listing, sale, transfer, or use of Tickets; or (vii) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

If you are using our Website on behalf of a business, that business accepts these terms. It will hold harmless, defend, and indemnify the Got Seats Parties from any claim, suit or action arising from or related to the use of the Website or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney’s fees.

We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your use of our Services for any reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use or the Seller Handbook. You agree that we are not liable to you or any third party for any termination or suspension of your Account or for blocking your use of our Services. In the event of termination or suspension of a Seller’s Account, Got Seats may withhold or recoup payouts in accordance with Section 7(e)(iii) (Set-Off and Recoupment).

Any suspension or termination shall not affect your obligations to us under these Terms of Use, including obligations with respect to any open Listings, active Offers, or pending Transactions, or with respect to any chargebacks, refunds, or replacement-Ticket costs arising from your use of the Services. The provisions of these Terms of Use (which by their nature should survive the suspension or termination of your Account or these Terms of Use) shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under Section 21 (Miscellaneous).

We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our Websites or hosted on our systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (the “Designated Agent”). Our Designated Agent is:

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following information:

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at legal@gotseats.com. We will contact you based on the contact information you have provided us.

Right to Opt Out of Arbitration. You have the right to opt out of the binding arbitration provisions of this Section 19 by sending written notice of your decision to opt out to Got Seats at notice address from Section 19(a) within thirty (30) days of the date you first accept these Terms of Use or first use the Services, whichever is earlier. Your written notice must include your name, the email address and any account identifier associated with your Got Seats account, your mailing address, and a clear statement that you wish to opt out of arbitration under these Terms of Use. For the avoidance of doubt, opting out of arbitration does not relieve you of your agreement to the class action waiver in Section 19(g) (No Class Actions) or the jury trial waiver in Section 19(h) (No Jury Trial), each of which continues to apply (including in any court proceeding) regardless of whether you opt out of arbitration. If you opt out within the thirty-day period, neither you nor Got Seats will be required to arbitrate disputes arising under these Terms of Use, and any such disputes will instead be resolved in the courts identified in Section 18 (Choice of Law, Jurisdiction and Venue). This is the only mechanism by which you may opt out of arbitration; no other notice, request, or communication will be effective to opt out.

If, after thirty (30) days, the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they instead choose to have any disputes resolved through arbitration.

We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its rules and procedures in effect when the claim is filed. For arbitrations brought by or against a consumer Buyer or Consumer Seller, the arbitration will be conducted under the AAA’s Consumer Arbitration Rules and the AAA’s Consumer Due Process Protocol. For arbitrations brought by or against a Broker or other Seller or Buyer acting in a business capacity, the arbitration will be conducted under the AAA's Commercial Arbitration Rules. If the number of demands for arbitration filed against Got Seats arising out of substantially similar facts or circumstances meets the applicable threshold, the AAA’s Mass Arbitration Supplementary Rules will govern the coordinated resolution of those demands, including with respect to filing fees, batching, and bellwether proceedings. The rules and procedures and other information, including information on fees, may be obtained from AAA directly. The arbitration shall take place at a location mutually agreed to by the parties or, if no such agreement is reached, as determined by AAA.

We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction. Except as otherwise expressly provided in this Section 19, any dispute concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable, will be resolved by the arbitrator; provided that any dispute concerning the scope or enforceability of the class action waiver in subsection (g) (No Class Actions) will be resolved by a court of competent jurisdiction, not the arbitrator.

Either of us may bring qualifying claims in small claims court. Furthermore, as set forth below, we each agree that any arbitration will be solely between you and us, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.

NO CLASS ACTIONS. TO THE EXTENT PERMITTED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, EITHER TO JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

NO TRIAL BY JURY. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique aspects of our Services, or both, including the Seller Handbook (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. Except as otherwise expressly provided in the Seller Handbook, to the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

Modifications to these Terms of Use or Additional Terms will be effective immediately upon posting on the Website, except as otherwise expressly required by these Terms of Use, the Additional Terms, or applicable law. Notwithstanding the foregoing, any modification to Section 19 (Dispute Resolution & Mandatory Arbitration) will not apply to any dispute of which Got Seats received written notice, or which had been filed or asserted, before the effective date of the modification. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Account.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in full force and effect.

Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy, or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

These Terms of Use (including the Privacy Policy, the Seller Handbook, and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.