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Last Updated on October 1, 2025
This User Agreement (this "Agreement"), among other things, governs (a) your use of TicketPlanner.com, LLC's digital ticket marketplace platform (the "Platform"), which includes the TicketPlanner.com website (the "Sites") and TicketPlanner.com, LLC's mobile application "TicketPlanner" (the "Application"), and (b) your use of the Platform to access, receive, or provide tickets (each a "Service" and collectively, the "Services"). The Platform (including the Site and Application) is owned and operated by TicketPlanner.com, LLC.
References to "you" or "your" throughout this Agreement mean: (i) you as a registered user of the Platform, whether seeking to receive tickets (in such capacity, a "Buyer") or whether seeking to provide tickets (in such capacity, a "Seller"), or (ii) a visitor or browser of the Site or user of the Application.
THE TERMS OF THIS AGREEMENT ARE IMPORTANT. THEY AFFECT YOUR RIGHTS. PLEASE READ THIS AGREEMENT CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE TICKETPLANNER.COM, LLC PLATFORM. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE CAREFULLY REVIEW THE SECTION TITLED "ARBITRATION" FOR MORE INFORMATION. THIS AGREEMENT LIMITS TICKETPLANNER.COM, LLC'S LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
By accessing the Platform, clicking on an "I Accept" or "Sign Up" button, completing the registration process, and/or otherwise demonstrating your consent to this Agreement, YOU ARE ENTERING INTO A BINDING CONTRACT , and you represent that (a) you have read, understand, and agree to be bound by this Agreement, (b) you are of legal age to form a binding contract with TicketPlanner.com, LLC, and (c) you have the authority to enter into this Agreement personally or on behalf of an entity, organization, or company you have named as the user, and to bind such entity to this Agreement.
If we change or modify this Agreement, we shall post a revised version which shall automatically replace and supersede the terms of this Agreement and will be effective immediately upon posting thirty (30) days after posting, except for changes that are solely administrative or that provide additional consumer protections, which may be effective immediately. It is important that you review this Agreement whenever this Agreement is updated before continuing to use the Platform.
You acknowledge and agree that TicketPlanner.com, LLC may modify (or otherwise discontinue) the Platform (or any portion thereof) in any way and at any time, with or without notice provided that TicketPlanner.com, LLC uses commercially reasonable efforts to provide thirty (30) days' advance notice of material changes that would adversely affect your use of the Services, except where immediate changes are required for security, legal compliance, or technical reasons. TicketPlanner.com, LLC shall have no liability for any such change or discontinuance.
The Platform includes (a) access to the Site(s) and Mobile App; (b) facilitation of connections between Buyers and Sellers of tickets; (c) facilitation of payments between Buyers and Sellers for tickets; and (d) customer support and related services for the Site and App. As such, TicketPlanner.com, LLC does not purchase or provide tickets. Buyers understand that such facilitation does not constitute a warranty in relation to the tickets provided by Sellers.
By using the Platform, you understand and acknowledge that Sellers and Buyers are independent third parties, and not employees, agents, joint venturers, or partners of TicketPlanner.com, LLC. TicketPlanner.com, LLC has no responsibility or liability for the acts or omissions of any Buyers or Sellers (including any tickets provided by Sellers).
We want you to buy your tickets with confidence. All eligible purchases are covered by TicketPlanner.com, LLC's TicketPlanner Guarantee.
TicketPlanner.com, LLC's collection and use of personal information in connection with the Platform is defined and described in TicketPlanner.com, LLC's privacy policy located at https://ticketplanner.com/privacy-policy, which may be amended from time to time ("Privacy Policy"). TicketPlanner.com, LLC's Privacy Policy is incorporated into and forms part of this Agreement.
Data Security. TicketPlanner.com, LLC employs reasonable administrative, technical, and physical safeguards to protect your personal information. In the event of a security breach affecting your personal information, TicketPlanner.com, LLC will comply with all applicable breach notification requirements under Florida Statute §501.171 and federal law.
In order to use certain aspects of the Platform, you may be required to register for and maintain an active personal account with TicketPlanner.com, LLC (an "Account"). To register for an Account, you must: (a) provide true, accurate and complete data that is requested, which may include your legal and current name and address, your phone number, an active email address, a valid credit or debit card, and other information requested at registration; (b) provide a valid credit card or payment type (Visa, MasterCard, or any other issuer accepted by TicketPlanner.com, LLC) ("Payment Method"); and (c) agree to accept the terms and conditions of this Agreement.
You agree not to create an account using a false identity or information or on behalf of anyone other than yourself (and you agree that violation of the foregoing will result in a fee of not less than $25,000).
You may only use the Platform if you are legally able to enter into a binding contract. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of a parent or guardian. For users under 13, additional parental consent procedures apply in accordance with the Children's Online Privacy Protection Act (COPPA).
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND TICKETPLANNER.COM, LLC DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
We will not be liable for any harm (including, without limitation, monetary loss, lost tickets, or stolen tickets) related to the disclosure of (including, without limitation, the failure to maintain the absolute confidentiality of) your username or password or, in any case, the use by anyone else of your username or password.
Subject to your continued compliance with this Agreement, TicketPlanner.com, LLC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (a) access and use the Site and Application solely for your personal use in connection with your provision or receipt of the Services; (b) download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal purposes; and (c) access and view any content, information and related materials that may be made available through the Site or Application solely in connection with clause (a) and (b). Any rights not expressly granted herein are reserved by TicketPlanner.com, LLC.
You agree that you will not, under any circumstances:
(a) Interfere or attempt to interfere with the proper functioning of the Platform or connect to or use the Platform in any way not expressly permitted by this Agreement;
(b) Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
(c) Use, display, mirror or frame the Platform, or any individual element within the Platform, TicketPlanner.com, LLC's name, any TicketPlanner trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TicketPlanner.com, LLC's express written consent;
(o) Use the Platform to engage in any activity that violates the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. §501.201 et seq., including but not limited to deceptive advertising, fraudulent representations, or unfair business practices.
In connection with your use of the Platform, you shall not:
(a) Harm any other person in any way (including, but not limited to, submitting or posting any content or information that is libelous, defamatory, derogatory, intimidating, discriminatory, or otherwise objectionable regarding any other person);
(f) Contact TicketPlanner.com, LLC personnel through their social media, personal email or cell phone.
TicketPlanner.com, LLC reserves the right to take any actions it deems appropriate or reasonable (including temporarily or permanently suspending your Account, to delay or refuse payment transactions to and from your Account, to cancel any order, or otherwise restrict its functionality) if:
(a) Required by law or court order or if otherwise required by any regulatory or governmental authority, body or agency having jurisdiction over us.
TicketPlanner.com, LLC will notify you via email of the suspension or restriction and the reasons for it, where possible, before such measures take place and at the latest immediately thereafter, unless prevented from doing so for security reasons or by law. TicketPlanner.com, LLC will reinstate your TicketPlanner account or execute the payment transaction as soon as practicable after the reasons listed in this section no longer apply.
The following additional terms apply to the Application where the Application is accessed through or downloaded from a third party mobile application marketplace, such as the Apple App Store or Google Play (the "App Store"). You acknowledge and agree that:
(a) This Agreement is between you and TicketPlanner.com, LLC and not with The App Store, and TicketPlanner.com, LLC (not The App Store) is solely responsible for the Application.
To purchase tickets, a Buyer may search for events and/or browse TicketPlanner's listings for tickets via the Platform. If you purchase tickets on the Platform, you understand that such purchase will result in fees, charges, and other expenses to you for such tickets ("Fees"), which may include, among other things, (a) the price for the tickets (the "Ticket Fees") and (b) platform, transaction, or other commissions or related fees for using the Platform ("Transaction Fees"). All payments for Fees will be processed by TicketPlanner.com, LLC and/or its payment processor, using your Payment Method.
Florida Consumer Disclosure. In accordance with the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), all fees and charges will be clearly disclosed during the checkout process before purchase completion. Florida residents have certain rights under FDUTPA regarding deceptive practices in consumer transactions.
The Buyer's Payment Method is not charged until the Buyer's order is confirmed by the Seller. However, when a Buyer places an order, we obtain an authorization from the Buyer's card provider for the full order amount, which is equal to the total purchase price displayed to the Buyer at the completion of the purchasing process. The authorization remains on the Buyer's Payment Method until the sale is completed when the Seller confirms the order or the order is canceled. Although an authorization is not a charge, debit card providers will place a hold on funds when an authorization is obtained by TicketPlanner.com, LLC. In all cases, TicketPlanner.com, LLC is not responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Buyer's Payment Method when the Buyer places an order.
As a Buyer, you grant TicketPlanner.com, LLC permission to charge your Payment Method for the purchase of tickets. The terms of your Payment Method agreement governs your use of the Payment Method, and you must refer to those terms and not this Agreement to determine your rights and liabilities. By providing TicketPlanner.com, LLC with your Payment Method, you agree that TicketPlanner.com, LLC is authorized to immediately invoice your Account for all Fees due and payable to TicketPlanner.com, LLC hereunder and that no additional notice or consent is required.
Billing disputes should be sent to: support@ticketplanner.com
By creating an Account or otherwise giving TicketPlanner.com, LLC any contact information, you agree to accept and receive communications from TicketPlanner.com, LLC, including via email, text message, calls, and push notifications to the cellular telephone number you provided to TicketPlanner.com, LLC.
You agree to receive recurring automated marketing and/or informational and transactional Text Messages from TicketPlanner.com, LLC, including Text Messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your mobile telephone number, you expressly consent to receive automated marketing and transactional text messages from TicketPlanner.com, LLC in accordance with the Telephone Consumer Protection Act (TCPA). Consent to receive automated marketing and/or transactional Text Messages is not a condition of any purchase.
Under no circumstances will TicketPlanner.com, LLC or its affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.
Message Frequency and Opt-Out for Florida Residents. Florida residents may receive up to 8 marketing messages per month. You may opt out at any time by replying 'STOP' to any message. TicketPlanner.com, LLC will honor opt-out requests immediately as required by TCPA and applicable FCC regulations.
If an event is canceled and not postponed or rescheduled, we will provide a Credit (defined below) or refund to Buyer, as determined in TicketPlanner.com, LLC's sole discretion (except to the extent a refund is required by law), for the full Fee paid by Buyer for the respective tickets.
TicketPlanner.com, LLC assumes no responsibility for the actions of any event organizing body when an event or tickets is canceled, postponed or rescheduled.
Florida Weather Event Cancellations. In the event an event is cancelled due to a declared State of Emergency by the Governor of Florida, a mandatory evacuation order, or a hurricane warning affecting the event location, TicketPlanner.com, LLC will process refunds within ten (10) business days of the official cancellation announcement, regardless of the Seller's refund policy.
TicketPlanner.com, LLC may offer promotional codes, discount credits, or other types of credits ("Credits"). Credits can only be used with a registered Account. Credits will expire as stated in the offer. If no expiration term is stated, Credits will expire no later than two years after issuance. Credits are for one-time use only and may not be copied, reproduced, distributed, or published either directly or indirectly in any form. TicketPlanner.com, LLC reserves the right to deactivate any unused Credits for any reason.
TicketPlanner.com, LLC collects and remits sales tax in accordance with applicable regulatory requirements. For Florida residents, this includes Florida state sales tax of 6% plus applicable discretionary sales surtax as required by Florida Statute Chapter 212. Sales tax is identified separately on purchases by consumers.
If any Services, or payments for any Services or tickets, under this Agreement is subject to any tax in any jurisdiction, you will be responsible for the payment of such tax and any related penalties or interest to the relevant tax authority, and you will indemnify TicketPlanner.com, LLC for any liability, penalties, interest or expense we may incur in connection with such sales taxes.
You acknowledge and agree that any processing or collection of Fees by TicketPlanner.com, LLC may be subcontracted or delegated to a third party payment processor selected by TicketPlanner.com, LLC. Currently, TicketPlanner.com, LLC uses [PAYMENT PROCESSOR NAME] for payment processing services.
The Platform and its contents, features, and functionality (including, but not limited to, any content, text, images, software, databases, graphics, code, compilation, and the design, selection, and arrangement thereof) are owned by TicketPlanner.com, LLC, its licensors, or other third party providers and are protected by United States copyright, trademark, and other intellectual property laws.
For the avoidance of doubt, TicketPlanner.com, LLC's name, trademarks, logos, and all related names, logos, products, services, offerings, designs, and slogans shall be deemed the property of TicketPlanner.com, LLC, and you must not use any of the foregoing without the prior written consent of TicketPlanner.com, LLC.
You hereby grant to TicketPlanner.com, LLC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platform.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD TICKETPLANNER.COM, LLC, ITS PARENTS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AND SPONSORS, AND THEIR RESPECTIVE EMPLOYEES, CONSULTANTS, AGENTS, AND OTHER REPRESENTATIVES ("INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LITIGATION, CAUSES OF ACTION, DAMAGES, LOSSES, FINES, PENALTIES, TAXES, COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS OF LITIGATION), AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM:
(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 TICKETPLANNER.COM, LLC.
TICKETPLANNER.COM, LLC RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH TICKETPLANNER.COM, LLC IN ASSERTING ANY AVAILABLE DEFENSES.
TICKETPLANNER.COM, LLC'S MARKETPLACE IS CONTROLLED AND OFFERED BY TICKETPLANNER.COM, LLC FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. TICKETPLANNER.COM, LLC MAKES NO REPRESENTATIONS THAT TICKETPLANNER IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE TICKETPLANNER FROM OTHER COUNTRIES DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
TicketPlanner.com, LLC shall use commercially reasonable efforts to provide continuous access to the Platform pursuant to this Agreement. TicketPlanner.com, LLC does not guarantee that the Platform will be accessible at all times.
TICKETPLANNER.COM, LLC DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE PLATFORM, 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.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPLICITLY PROVIDED FOR HEREIN, TICKETPLANNER.COM, LLC'S AGGREGATE LIABILITY TO YOU AND TO ANY THIRD PARTY RELATING TO THIS AGREEMENT (INCLUDING ANY USAGE BY YOU OF THE PLATFORM OR ANY TRANSACTIONS CONDUCTED BY YOU THROUGH THE PLATFORM) SHALL BE LIMITED TO THE GREATER OF (A) $250 AND (B) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE PLATFORM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, EVENT, OR OCCURRENCE GIVING RISE TO THE LIABILITY CLAIM.
If any claim, cause of action, controversy, proceeding, or other dispute arises between you and TicketPlanner.com, LLC relating to this Agreement or the Platform (a "Dispute"), you agree to first contact TicketPlanner.com, LLC's Customer Service Department at support@ticketplanner.com. If TicketPlanner.com, LLC's Customer Service Department is unable to achieve a satisfactory resolution, then you must notify TicketPlanner.com, LLC in writing about your claim by sending a written notice by certified mail to: TicketPlanner.com, LLC, Attn: Legal Department, [ADDRESS], [CITY], Florida [ZIP CODE]. It is important that you provide as much information as possible. TicketPlanner.com, LLC shall have thirty (30) days from receipt of your written notice to attempt to resolve the Dispute informally, except that you or TicketPlanner.com, LLC may skip this informal dispute resolution procedure for any Dispute enforcing, protecting, or concerning the validity of intellectual property rights.
THIS SECTION TITLED "ARBITRATION" SETS FORTH THE TERMS OF AN ARBITRATION AGREEMENT BETWEEN YOU AND TICKETPLANNER.COM, LLC. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TICKETPLANNER.COM, LLC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. SPECIFICALLY, YOU HEREBY AGREE TO WAIVE ALL RIGHTS AND CLAIMS TO A TRIAL BY JURY.
YOU AGREE TO GIVE TICKETPLANNER.COM, LLC AN OPPORTUNITY TO RESOLVE ANY DISPUTES INFORMALLY IN ACCORDANCE WITH SECTION 19 ABOVE. PRIOR TO COMMENCING ANY ARBITRATION RELATED TO THIS AGREEMENT, YOU AGREE THAT IF YOU HAVE A DISPUTE WITH TICKETPLANNER.COM, LLC, YOU MUST FIRST CONTACT TICKETPLANNER.COM, LLC'S CUSTOMER SERVICE DEPARTMENT AT SUPPORT@TICKETPLANNER.COM. IF TICKETPLANNER.COM, LLC'S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO ACHIEVE A SATISFACTORY RESOLUTION, THEN YOU MUST NOTIFY TICKETPLANNER.COM, LLC IN WRITING ABOUT YOUR CLAIM BY SENDING A WRITTEN NOTICE ("CLAIMANT NOTICE") BY CERTIFIED MAIL TO: TICKETPLANNER.COM, LLC, ATTN: LEGAL DEPARTMENT, [ADDRESS], [CITY], FLORIDA [ZIP CODE]. YOUR CLAIMANT NOTICE MUST INCLUDE YOUR NAME, ADDRESS, A DESCRIPTION OF THE NATURE AND BASIS OF THE DISPUTE, AND THE SPECIFIC RELIEF SOUGHT.
SUBJECT TO SECTION 20.1, YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE TICKETPLANNER, TO ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE TICKETPLANNER, OR TO ANY ASPECT OF YOUR RELATIONSHIP WITH TICKETPLANNER.COM, LLC, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT (A) YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY; AND (B) YOU OR TICKETPLANNER.COM, LLC MAY SEEK EQUITABLE RELIEF IN COURT FOR INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS (SUCH AS TRADEMARKS, TRADE DRESS, DOMAIN NAMES, TRADE SECRETS, COPYRIGHTS, AND PATENTS).
THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT, INCLUDING THIS AGREEMENT TO ARBITRATE, IS VOID OR VOIDABLE.
SUBJECT TO SECTION 20.1, THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT. THE ARBITRATION WILL BE CONDUCTED BY JAMS, AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER. DISPUTES INVOLVING CLAIMS AND COUNTERCLAIMS WITH AN AGGREGATE AMOUNT OF LESS THAN $250,000, NOT INCLUDING INTEREST AND ATTORNEYS' FEES, SHALL BE SUBJECT TO JAMS' MOST CURRENT VERSION OF THE STREAMLINED ARBITRATION RULES AND PROCEDURES. ALL OTHER DISPUTES SHALL BE SUBJECT TO JAMS' MOST CURRENT VERSION OF THE COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. THE JAMS RULES ARE AVAILABLE AT WWW.JAMSADR.COM.
YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, OR IN PERSON IN PALM BEACH COUNTY, FLORIDA (OR BY TELEPHONE/VIDEO IF YOU RESIDE OUTSIDE FLORIDA). TICKETPLANNER.COM, LLC MAY ELECT TO RESOLVE THE DISPUTE THROUGH BINDING ARBITRATION CONDUCTED BY TELEPHONE, ONLINE AND/OR BASED SOLELY UPON WRITTEN SUBMISSIONS WHERE NO IN-PERSON APPEARANCE IS REQUIRED. IN SUCH CASES, THE ARBITRATION SHALL BE ADMINISTERED BY THE JAMS LOCATED IN PALM BEACH COUNTY, FLORIDA IN ACCORDANCE WITH THEIR APPLICABLE RULES.
THE ARBITRATOR WILL DECIDE THE SUBSTANCE OF ALL CLAIMS IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. THE ARBITRATOR'S AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE JAMS' RULES, UNLESS OTHERWISE STATED IN THIS AGREEMENT TO ARBITRATE. IN THE EVENT THE ARBITRATOR DETERMINES THE CLAIM YOU ASSERTED IN THE ARBITRATION TO BE FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE, YOU AGREE TO BE RESPONSIBLE FOR TICKETPLANNER.COM, LLC'S ATTORNEYS' FEES AND COSTS, INCLUDING ANY COSTS ASSOCIATED WITH ARBITRATION.
YOU ON THE ONE HAND AND TICKETPLANNER.COM, LLC ON THE OTHER HAND AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TICKETPLANNER.COM, LLC ACKNOWLEDGE AND AGREE OTHERWISE, THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER.
UNLESS YOU AND TICKETPLANNER.COM, LLC COLLECTIVELY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER PLATFORM USERS.
IF A DECISION IS ISSUED STATING THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS SUBSECTION'S LIMITATIONS AS TO A GIVEN CLAIM FOR RELIEF, THEN THAT CLAIM MUST BE SEVERED FROM THE ARBITRATION AND BROUGHT INTO THE STATE OR FEDERAL COURTS LOCATED IN PALM BEACH COUNTY, FLORIDA. ALL OTHER CLAIMS SHALL BE ARBITRATED.
YOU HAVE THE RIGHT TO OPT OUT OF THE PROVISIONS OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO THE FOLLOWING ADDRESS: TICKETPLANNER.COM, LLC LEGAL DEPARTMENT, [ADDRESS], [CITY], FLORIDA [ZIP CODE], WITHIN 30 DAYS AFTER FIRST BECOMING SUBJECT TO THIS ARBITRATION AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE SENT BY CERTIFIED MAIL AND MUST INCLUDE YOUR NAME AND ADDRESS, AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH TICKETPLANNER.COM, LLC THROUGH ARBITRATION.
NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, WE AGREE THAT IF TICKETPLANNER.COM, LLC MAKES ANY FUTURE MATERIAL CHANGE TO THIS ARBITRATION AGREEMENT, YOU MAY REJECT THAT CHANGE WITHIN THIRTY (30) DAYS OF SUCH CHANGE BECOMING EFFECTIVE BY WRITING TICKETPLANNER.COM, LLC AT THE FOLLOWING ADDRESS: TICKETPLANNER.COM, LLC LEGAL DEPARTMENT, 11780 U.S. Highway One, Suite N600, Palm Beach Gardens, FL 33408 US.
IF YOU BREACH OR THREATEN BREACH OF THIS AGREEMENT OR ANY OTHER PLATFORM POLICIES, YOU ACKNOWLEDGE AND AGREE THAT TICKETPLANNER.COM, LLC WILL BE GREATLY AND IRREPARABLY DAMAGED AND THE DAMAGE WILL BE DIFFICULT TO QUANTIFY. THEREFORE, TICKETPLANNER.COM, LLC MAY APPLY TO ANY COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF TO STOP YOUR BREACH OR YOUR THREAT OF BREACH, WITHOUT IMPAIRING, INVALIDATING, NEGATING OR VOIDING TICKETPLANNER.COM, LLC'S RIGHTS TO RELIEF IN EITHER LAW OR EQUITY.
It is TicketPlanner.com, LLC's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, TicketPlanner.com, LLC will respond expeditiously to claims of copyright infringement committed using the Site that are reported to TicketPlanner.com, LLC's Designated Copyright Agent, identified below.
Deliver this Notice, with all items completed, to TicketPlanner.com, LLC's Designated Copyright Agent:
Attn: IP/Trademark Legal Dept., DMCA Complaints, or by mail at: Ticketplanner.com, LLC, 11780 U.S. Highway One, Suite N600, Palm Beach Gardens, FL 33408 US. Email: dmca@ticketplanner.com
Tickets for accessible seats (i.e., seats to accommodate wheelchairs and companion seats) are intended solely for individuals with disabilities and their companions. By purchasing a ticket for an accessible seat, you represent and warrant that either you and/or one or more of your companions require the accessible seat features. TicketPlanner.com, LLC reserves the right to investigate and/or cancel orders if there is any suspected misuse of accessible seating and take legal action against individuals who fraudulently purchase tickets for accessible seats.
Florida Accessibility. In addition to federal ADA requirements, TicketPlanner.com, LLC and event organizers using the Platform shall comply with applicable Florida accessibility requirements, including the Florida Accessibility Code (Florida Building Code, Chapter 11) and any local accessibility ordinances.
This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification, or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement.
You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of TicketPlanner.com, LLC, which we can refuse in our sole discretion.
TicketPlanner.com, LLC shall not be in breach of, or otherwise liable in connection with, this Agreement for delay or failure in performing its obligations by reason of any cause beyond TicketPlanner.com, LLC's reasonable control, including, without limitation, acts of nature, war, natural disaster, hurricanes, tropical storms, mandatory evacuation orders, governmental regulations or any executive, administrative or judicial order, terrorism, communication or utility failures or casualties, the failures or acts of third parties, fire, earthquake, flood, epidemic, pandemic, accident, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, any failure or delay of any transportation, power or communications system, or any other similar cause.
FDUTPA Rights. This Agreement and your use of the Platform are subject to the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. §501.201 et seq. FDUTPA provides Florida consumers with certain rights regarding deceptive and unfair business practices. Nothing in this Agreement waives your rights under FDUTPA, and any provision that conflicts with FDUTPA shall be void and unenforceable.
Florida Information Protection Act. TicketPlanner.com, LLC complies with the Florida Information Protection Act (FIPA), Fla. Stat. §501.171. In the event of a security breach involving your personal information, TicketPlanner.com, LLC will provide notice as required by FIPA and federal law.
Anti-Discrimination. TicketPlanner.com, LLC does not discriminate on the basis of race, color, national origin, religion, sex, disability, age, sexual orientation, or any other protected characteristic under applicable federal or Florida law, including the Florida Civil Rights Act (Fla. Stat. §760.01 et seq.). Users agree not to use the Platform to engage in discriminatory practices.
The terms and any action related thereto will be governed and interpreted by and under the laws of the State of Florida, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Jurisdiction and Venue. Subject to the arbitration provisions in Section 20, any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida. Both parties expressly consent to the personal jurisdiction of such courts and waive any objection to venue in Palm Beach County, Florida.