Terms and Conditions:
Event Tickets Center Terms & Conditions
General cliftonhallevents.com (‘SITE’) acts as a marketplace, an intermediary between buyers and ticket sellers (‘TICKET SELLERS’) to facilitate the purchase and sale of event tickets, and as such is not directly involved in the actual ticket sale transaction between the buyers and TICKET SELLERS. All sales are final. As tickets sold through SITE are often obtained through the secondary market and prices are determined by the individual ticket seller, the prices for tickets may be above or below face value. Tickets sold through SITE are from a third party; therefore, the buyer’s name will not be printed on the tickets. Please note that the name on the tickets does not affect the buyer’s ability to access the event. By using or visiting this SITE or purchasing tickets in any manner from the SITE, you expressly agree to abide and be bound by these Terms and Policies, as well as all applicable laws, ordinances and regulations.
ALL SALES ARE FINAL; there are no cancellations, returns, or exchanges.
IF AN EVENT IS CANCELLED, you will be given a full refund minus any delivery charges if the tickets have already been delivered.
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.
ABOVE FACE VALUE, 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.
All orders placed the SITE or with the customer contact center must be confirmed by the respective seller before the buyer guarantee takes effect.
Our buyer guarantee provides for a full refund in the unlikely event that you do not receive valid tickets in time to attend the event.
The following are the rules (‘TERMS’) that govern use of the SITE by any user of the SITE (‘USER’). By using or visiting the SITE, USER expressly agrees to be bound by these TERMS and to follow these TERMS and all applicable laws and regulations governing the SITE. SITE reserves the right to change these TERMS at any time, effective immediately upon posting on the SITE. If USER violates these TERMS SITE may terminate USER’S access to the SITE, bar USER from future use of the SITE, cancel USER’S ticket order, and/or take appropriate legal action against USER.
All sales are final Since tickets are a one-of-a-kind item and not replaceable, there are no refunds, exchanges or cancellations. If an event is postponed or rescheduled, tickets will be honored for the rescheduled date. New tickets generally will not need to be issued; in the rare case that new tickets are needed, USER will be contacted by the TICKET SELLER.
If an event is cancelled without a rescheduled date, USER will need to contact the TICKET SELLER who fulfills USER’s order (hereinafter known as ‘FULFILLER’) for a refund. The FULFILLER may require USER to return the supplied tickets at USER’s expense before receiving any refund USER is entitled to due to cancellation. SITE is not responsible for providing or securing this refund for USER. Any shipping and handling charges are not refundable. Refunds will be processed in the same currency as the original order. Conversion charges, including though not exhaustive of the ones issued by USER’s bank, if any, are not covered by SITE or Fulfiller. Neither SITE nor the FULFILLER will issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. When USER receives tickets, USER should keep them in a safe place. Please note that direct sunlight or heat may damage tickets.
Above Face Value Tickets obtained through SITE are often obtained through secondary market TICKET SELLERS and are being resold, in many cases, above the price or ‘face value’ listed on the ticket. All ticket prices include additional service charges and handling fees as defined on each order. SITE and TICKET SELLERS are not directly affiliated with any performer, sports team, or venue; and SITE does not act as a primary sale box office, unless otherwise stated. By agreeing to these TERMS, USER agrees that the purchase price for tickets on their order does not reflect the original purchase price of the ticket and may be either higher or lower than the original purchase price.
Ticket Availability SITE cannot and does not guarantee ticket availability until USER is in possession of their tickets. Generally, all ticket listings on SITE are a unique set of tickets from an individual TICKET SELLER. Some listings on SITE may only be representations of available tickets or an offer by SITE to obtain tickets and not actual seat locations or currently available tickets.
Occasionally tickets ordered may no longer be available at the price or in the quantity originally ordered at the time the order is received. If equivalent or better seat locations are available at the same price, the TICKET SELLER will fill the order with the alternative seat locations. If no alternates are available, either USER’S credit card will not be charged at all or the entire amount will be refunded, and USER will be notified that the USER’s request has been rejected.
Orders placed through SITE will be fulfilled by one of SITE’S network of participating TICKET SELLERS. Contact information for the FULFILLER will be provided to USER upon completion of the purchase process. If this information is lost, USER may contact CustomerSupport@cliftonhallevents.com to retrieve information about the order. USER should carefully enter all required information when submitting an order. USER is responsible for any errors made when entering their information, errors may result in issues such as a delay in processing the order or in delivery of tickets or in cancellation of order.
Zone Tickets, Tickets Not in Hand 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 may be marked on the listing as ‘Zone Tickets’ or as ‘tickets not in hand’. If you purchase Zone Tickets or tickets marked as ‘not in hand’, the seller is committing to obtain the tickets described for you upon receipt of your order. These tickets, like all tickets sold on this SITE, are backed by our 100% Money Back Guarantee. After you place your order and your order is confirmed by the seller, we guarantee that your tickets will be within the area listed or one comparable or better and that you will receive these tickets in time for the event or you will get your money back.
Pricing All prices are in United States Dollars (USD) unless otherwise specifically stated. SITE cannot confirm the price for any products or services purchased on the SITE until after an order is completed by USER. Despite SITE’S best efforts, a small number of products and services listed on the SITE may be priced incorrectly. If the FULFILLER discovers the actual correct price is higher than the stated price, the FULFILLER will either complete the order at the original stated price, contact USER to inform them of different price with an option to purchase, or cancel USER’S order and notify USER of such cancellation.
Schedule of Fees and Charges The price charged to USER’s credit card beyond the price of the individual tickets shall include the following fees and charges:
Service Fee: Cost per ticket associated with SITE operation, customer service center operation, obtaining tickets on behalf of USER and other costs associated with the fulfillment of USER’s ticket request.
Delivery: Costs associated with the Delivery Method chosen by USER and the SITE’S arrangement of USER’s ticket delivery by the FULFILLER.
Total: Entire amount charged to USER, including each ticket’s price as set by the FULFILLER, Service Fee, and Delivery.
Taxes TICKET SELLER is responsible for keeping abreast of all changes to the tax withholding requirements and amounts in the various tax jurisdictions where TICKET SELLER sells tickets, and, for determining whether any taxes are due for any tickets sold and, except for states for which SITE has informed TICKET SELLER that SITE will collect certain taxes, , for collecting and remitting such taxes in accordance with applicable law. Except for states for which SITE has informed TICKET SELLER that SITE will add taxes to the checkout calculation, TICKET SELLER shall include any applicable sales, use, excise, service and other taxes in the ticket price. TICKET SELLER shall provide SITE with any information SITE requires in order to enable SITE to report information regarding payments SITE has made to TICKET SELLER to relevant tax authorities including but not limited to employer identification number, social security number, or tax id number and TICKET SELLER authorizes SITE to release that information to the relevant tax authorities.
Credit Card Charges USER’s credit card will be charged by the FULFILLER responsible for fulfilling their order and not SITE. If USER has any questions about charges on USER’s credit card statement, USER should contact SITE at CustomerSupport@cliftonhallevents.com or direct USER’s question to FULFILLER responsible for completing the ticket order. FULFILLER may charge or authorize USER’s credit card in advance of confirming ticket availability. If tickets are ultimately found to be unavailable, the USER’s credit card will not be charged or USER will receive a full refund for the charged amount.
Payment by Debit Card In some cases, FULFILLER may attempt to authorize a debit card multiple times, creating several holds on USER’s account. This often happens when a third-party credit card processing company requires additional security verification such as a CVV, Zip Code, or address, or when USER’s information is incorrectly provided or mistyped. Though the FULFILLER will only clear USER’s transaction once, the hold(s) will temporarily lower USER’s available balance. Any hold(s) may take up to several days to clear.
Collecting Payment for Orders USER agrees that FULFILLER has the right to collect payment for any order if FULFILLER has shipped the items purchased to USER. If a third party provider error, system error, or other payment processing error or problem of any kind results in an unprocessed payment and therefore USER’s payment card is not charged the total amount due even though the item(s) were shipped to USER, USER hereby authorizes FULFILLER to collect the amount of the total amount due, unless expressly prohibited by law, through whatever means FULFILLER deems appropriate. USER shall be responsible for any and all legal fees or collection costs incurred by USER, FULFILLER, and/or SITE associated with collecting payment. In no event will SITE or FULFILLER be responsible for such collection costs or legal fees.
Security of Card Holder Data SITE and or FULFILLER are responsible for the security of the cardholder data that SITE and FULFILLER are in possession of or otherwise stores, processes, or transmits on behalf of the USER.
International Orders International Orders placed by USER may be subject to delayed processing. SITE recommends that any USER placing an order on the SITE from outside the U.S. contact their credit card company or financial institution prior to placing an order to prevent unnecessary delays or holds. Neither SITE nor FULFILLER shall be responsible for delays, holds, or any extra fees associated with placing an International Order.
Disputed Charges By placing an order, USER authorizes SITE to charge USER’s method of payment for the total amount, which includes the ticket price, service and delivery fees, and any other optional services USER agrees to purchase. If USER disputes a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, SITE has the right to seek payment, including all associated fees, by whatever means SITE deems appropriate, including but not limited to using collection agencies and legal remedies. SITE may mitigate its damages by relisting the tickets that are the subject of the payment dispute. USER may lose access to any/all tickets purchased if USER files a dispute with their issuer.
Event Listings SITE does not guarantee the accuracy of event information on SITE including but not limited to event name, event location or venue, event start time, or event date. Event start times are subject to change without notice. Changes to an event including but not limited to event location or venue, event start time, event date, performer list, performance type, length of event, and amenities included in a ticket package may be done at the discretion of the venue, performer, promoter or other party responsible for the event each of which are unaffiliated with SITE and SITE has no control over such changes, nor can SITE be liable for any such changes. USER agrees to visit the website of the venue, stadium, team, or performer to find out if there have been any event time adjustments.
Ticket Holder Behavior Policy The USER agrees to abide by all rules and policies of the venue where the event is located relating to conduct and behavior. Should the USER be ejected from the event or denied entry for failure to abide by the venue’s rules and policies, USER shall be subject to all applicable fines and legal or other expenses associated with the ejection. In addition, all costs associated with the purchase of event tickets will not be refundable. Further, should the ejection result in the loss of the TICKET SELLER’s right to use any other tickets, including season tickets at that venue, or the right to purchase other tickets from that venue, USER 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.
Fraudulent Use To protect USER from fraud, USER may be required to provide additional proof of identify on any order. Proof of identity may include but is not limited to a signed credit card authorization and/or photocopies of public documents such as a state driver’s license or federal passport.
Delivery All orders are delivered to USER using the delivery method chosen for the order. In some cases a USER’s selected shipping must be upgraded without notice to USER and the USER will be charged for the upgraded shipping. Most orders are shipped the same business day in which they are received. Orders placed after business hours may be shipped on the next business day. Shipments may require direct signature at the point of delivery. USER is responsible to provide correct shipping address at the time of purchase. SITE and SELLER will not provide refunds if USER provides incorrect shipping information. USER must contact SELLER or SITE customer support if USER has not received an email with tracking information. By placing an order, USER understands and agrees to the following shipping terms.
Delayed Shipment Event tickets are generally delivered according to the delivery method selected at the time of ticket checkout. Most tickets are shipped the same business day in which the order is received or, if an order is placed after business hours, tickets may be shipped on the next business day. However, tickets may not always be available for immediate delivery, particularly in cases when the tickets have been purchased far in advance of the event in question or for certain events including but not limited to the following: all off-season orders for professional sporting leagues, concerts, and Las Vegas and other Nevada events; delivery may also be delayed due to the actions of the performer, venue, or team. While most tickets are delivered within three business days of the delivery method chosen, this does not imply a guaranteed delivery date. In these situations tickets may be marked with an estimated ship date. USER will be provided with account access information that will allow them to view the status of their order, tickets and tracking information, if available, after purchase. In the case where tracking information is not available USER may contact a representative of the FULFILLER for shipment information or an estimated delivery date. Tickets will be shipped when available, and choice of an expedited delivery method does not guarantee that tickets will be shipped immediately. USER should check the order notes for the estimated delivery date.
International Shipping If USER is located outside of the United States, USER must choose an International Delivery option. If a domestic shipping option is chosen for an order to be shipped outside the United States, the shipping cost will be adjusted by the FULFILLER after the order is placed to use the International Rate.
Delivery Verification If USER specifies a shipping address that does not allow for Delivery Verification, such as a Post Office Box, USER may be required to pay an additional fee to cover the additional risks associated with this type of order. If such a shipping address is used, the FULFILLER will, at its discretion, either contact USER about the additional fee prior to shipping or cancel USER’S order and notify USER of such cancellation. Shipments may require direct signature at the point of delivery. Once FULFILLER has shipped the tickets, it is USER’s responsibility to receive the package. Should the package be refused, undelivered, or returned, refunds or credits will not be issued by FULFILLER as per the All Sales Are Final term of these Terms. If a package has been returned and must be re-shipped by the FULFILLER, it is the USER responsibility to contact the FULFILLER for re-shipping options. USER understands that additional delivery fees may be charged prior to reshipping.
E-Ticket Download Electronic tickets or ‘e-tickets’, including those marked as ‘Instant’, may not be available for immediate download in all circumstances. Due to potential fraud concerns, some ‘Instant’ e-ticket purchases may be downgraded to regular e-ticket download to allow for additional processing. In such cases, USER will receive notification with USER’S receipt explaining that USER’S order has been downgraded to regular e-ticket download. After placing an order, USER will receive an email with instructions on how to download the tickets; therefore, it is important that USER provides accurate email address information during the order process. The USER will be required to enter order specific credentials to gain access to the tickets, and USER must have access to a printer from which to print the tickets. USER is responsible for contacting Customer Support should USER not receive the email instructions, be unable to download the tickets, or be unable to print the tickets. Neither SITE nor FULFILLER will issue refunds for USER’s failure to provide a correct email address or failure to print the tickets.
Electronic Transfer Electronic transfer delivery may not be available for immediate access. After placing an order, USER will receive an email with instructions on how to accept the electronic transfer; therefore, it is important that USER provides accurate email address information during the order process. The USER will be required to create an account with the associated ticket transfer system to gain access to the tickets, and USER must have access to a smart device to present the QR code displayed via the electronic transfer system for entry at the event. USER is responsible for contacting Customer Support should USER not receive the email instructions, be unable to accept the ticket transfer, or be unable to locate the ticket transfer email. Neither SITE nor FULFILLER will issue refunds for USER’S failure to provide a correct email address or accept ticket transfer offer. Neither SITE nor FULFILLER will issue refunds in the event a USER declines the ticket transfer offer.
Local Delivery USER must pick up the tickets from the designated location provided to the USER, which will be located near the venue. USER will need to bring a government-issued ID in order to claim the tickets and may be asked to present the credit card used at time of purchase as further verification. Should USER encounter a problem at the local delivery location, USER must contact FULFILLER for assistance. Neither SITE nor FULFILLER will issue refunds for USER’S failure to provide a valid government-issued ID or other required documentation for release of tickets or if USER does not pickup tickets from designated location.
Will-Call Option USER must pick up the tickets at the box office of the venue approximately one hour before the scheduled start of the event. USER will need to bring a government-issued ID in order to claim the tickets. Should USER encounter a problem at the box office, USER must contact FULFILLER for assistance.
Denied Entry to an Event If USER is having difficulty using the tickets to gain entry to the event at the venue, USER should contact SITE immediately by calling (855) 261-6909. If SITE is not able to resolve the matter and USER is denied entry by the venue, USER may be eligible for a refund. To be eligible for a refund USER must obtain written proof from the venue showing that USER was denied entry to the event and email that proof along with a description of the circumstances to SITE at CustomerSupport@cliftonhallevents.com within ten (10) days of the event.
If SITE receives the email with written proof from the venue and USER’s description of the circumstances of the denied entry within ten (10) days of the event, SITE will investigate USER’s claim. If SITE, in its reasonable discretion, determines that USER was denied entry USER will receive a refund of the cost of the tickets and all fees and shipping charges. The refund will be USER’s sole remedy for the denied entry.
Permitted Use USER agrees that USER is only authorized to visit, view, and to retain a copy of pages of this SITE for USER’S own personal use, and that USER shall not duplicate, download, publish, modify, or otherwise distribute the material on this SITE for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for USER’S personal use, unless otherwise specifically authorized by SITE to do so. USER may not use any robot, spider, scraper, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve or in any way reproduce, circumvent, or interfere with the Site or its contents, nor may USER use any automated software or computer system to search for, reserve, buy, or otherwise obtain tickets from SITE. USER may not submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature. The content and software on this SITE is the property of SITE and/or its suppliers and is protected by U.S. and international copyright laws.
Links The SITE may automatically produce search results that reference or link to third party websites throughout the Internet. SITE has no control over these sites or the content within them. SITE cannot guarantee, represent or warrant that the content contained in these third party sites is accurate, legal and/or inoffensive. SITE does not endorse the content of any third party site, nor does SITE warrant that they will not contain viruses or otherwise impact USER’S computer systems. By using the SITE to search for or link to another site, USER agrees and understands that USER may not make any claim against SITE for any damages or losses, whatsoever, resulting from use of the SITE to obtain search results or to link to another site. If USER experiences a problem with a link from the SITE, please notify SITE at CustomerSupport@cliftonhallevents.com and SITE will investigate USER’S claim and take any actions deemed appropriate at SITE’S sole discretion.
Violation of the Terms SITE, in its sole discretion, and without prior notice, may terminate USER’S access to the SITE, cancel USER’S ticket order or exercise any other remedy available to it. USER agrees that monetary damages may not provide a sufficient remedy to SITE for violations of these terms and conditions and USER consents to injunctive or other equitable relief for such violations. SITE may release USER information by operation of law, if the information is necessary to address an unlawful or harmful activity against SITE. SITE is not required to provide any refund to USER if USER is terminated as a USER of this SITE.
Intellectual Property Information For purposes of these TERMS, ‘CONTENT’ is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by USERS on the site. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these TERMS, USER acknowledges and agrees that all CONTENT presented to USER on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of SITE and/or its affiliates. USER is only permitted to use the CONTENT as expressly authorized in writing by SITE or the specific provider of CONTENT. Except for a single copy made for personal use only, USER may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from SITE or the specific CONTENT provider, and USER is solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither SITE nor any of its affiliates warrant or represent that USER’S use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. All other trademarks or service marks are property of their respective owners. Nothing in these TERMS grants USER any right to use any trademark, service mark, logo, and/or the name of SITE or any of its affiliates.
SITE reserves the right to terminate the privileges of any USER who uses this SITE to unlawfully transmit or receive copyrighted material without a license or express consent, valid defense or fair use exemption to do so. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the USER that they have used this SITE as an instrument of unlawful infringement, SITE will terminate the infringing USER’S rights to use and/or access to this SITE. SITE may, also in its sole discretion, decide to terminate a USER’s rights to use or access to the SITE prior to that time if SITE believes that the alleged infringement has occurred.
Disclaimers SITE MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT, SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. SITE MAKES NO ASSURANCES THAT FILES USER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, VICARIOUS, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SITE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SITE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SITE SERVICE OR OTHERWISE RELATED TO USER USE OF THE SITE AND/OR THE SITE SERVICE. SITE IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE, PERFORMER, (INCLUDING BUT NOT LIMITED TO THEIR PERFORMANCE, FAILURE TO PERFORM OR MODIFICATION OF THE PERFORMANCE OR EVENT IN ANY WAY), PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Limitation on Liability USER acknowledges that SITE is a venue allowing people to buy and sell tickets to concert, sporting and entertainment events. The listings of ticket inventory on SITE are provided by a third party (“PROVIDER”). Neither SITE nor PROVIDER is involved in the actual transaction between buyers and sellers. While SITE and PROVIDER may help facilitate the resolution of disputes, neither SITE nor PROVIDER has control over the content of the tickets listed on SITE, the truth or accuracy of such listings, the ability of the FULFILLER to sell tickets, or that USER and FULFILLER will actually complete a transaction. Regardless of this provision, if either SITE or PROVIDER is found to be liable, SITE or PROVIDER’S liability to USER or any third party is limited to the greater of (a) any amounts due under SITE’s limited guarantee when applicable, (b) the amount of fees in dispute not to exceed the total fees of the transaction, or (c) $100.
Except in jurisdictions where such provisions are restricted, in no event will SITE or PROVIDER be liable to USER for any indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if SITE and PROVIDER have been advised of the possibility of such damages. USER further agrees that the maximum available remedy on any successful claim is the greater of the choices listed in the paragraph above.
Indemnity USER agrees to indemnify and hold SITE, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of USER’S use of the SITE, including also USER’S use of the SITE to provide a link to another site or to upload content or other information to the SITE.
Governing Law USER agrees that any controversy or claim arising out of or relating to the use of SITE will be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. USER agrees to personal jurisdiction by venue in the state and federal courts of the State of Connecticut, Hartford County.
Arbitration and Dispute Resolution Any controversy, claim, dispute, or other action, arising out of or relating to the use of SITE, any order placed on SITE, or these policies including any dispute over the validity, enforceability or scope of this arbitration provision (a ‘CLAIM’ or ‘CLAIMS’) shall be resolved through binding arbitration administered by the American Arbitration Association (the ‘AAA’) in accordance with its Consumer Rules. SITE will pay all filing, administration, and arbitrator fees for any arbitration for a CLAIM of US$10,000 or less. If, however, the arbitrator finds that either the substance of the CLAIM or the relief sought in the CLAIM is frivolous or that the CLAIM was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by applicable AAA Rules. In such case, USER agrees to reimburse SITE for all monies previously disbursed by SITE that are otherwise USER’s obligation to pay under the AAA Rules. In addition, if USER initiates an arbitration for a CLAIM for more than US$10,000, the payment of fees will be governed by the AAA Rules. The AAA rules will determine whether the arbitration will take place through written submissions by USER and SITE, by telephone, or in person. SITE and USER shall both participate in the selection of an arbitrator. Any award issued through arbitration is enforceable in any court of competent jurisdiction.
BY AGREEING TO ARBITRATE, USER IS GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY AND ALL CLAIMS IN COURT BEFORE A JUDGE OR JURY. INSTEAD, A NEUTRAL ARBITRATOR WILL RESOLVE ALL CLAIMS. IF USER DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, USER MUST NOTIFY SITE IN WRITING WITHIN 30 DAYS OF THE DATE THAT USER PLACES AN ORDER ON SITE. USER’s WRITTEN NOTIFICATION TO SITE MUST INCLUDE USER’s NAME, ADDRESS AND ORDER NUMBER AS WELL AS A CLEAR STATEMENT THAT USER DOES NOT WISH TO RESOLVE CLAIMS WITH SITE THROUGH ARBITRATION. WRITTEN NOTIFICATION SHOULD BE MAILED TO SITE.
Any arbitration or trial of any CLAIM will take place on an individual basis without resort to any form of class or representative action (‘CLASS ACTION WAIVER’). Regardless of anything else in this Arbitration Provision, the validity and effect of this CLASS ACTION WAIVER may be determined only by a court and not by an arbitrator. USER and SITE acknowledge that the CLASS ACTION 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 CLASS ACTION 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 CLASS ACTION WAIVER. USER AND SITE ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.
All CLAIMS brought by USER against SITE must be resolved in accordance with this Arbitration and Dispute Resolution Section. All CLAIMS filed or brought contrary to this Arbitration and Dispute Resolution Section shall be considered improperly filed. Should USER improperly file a CLAIM, SITE may recover attorneys’ fees and costs up to US$1,000 from USER, provided that SITE has notified USER in writing of the improperly filed CLAIM, and USER fails to promptly withdraw the CLAIM after USER receives notice of improper filing from SITE.