General.
bostonticketwizard.com acts as an intermediary between buyers
and ticket sellers (defined below) 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. The following are the rules or "TERMS" that
govern use of the bostonticketwizard.com Web Site ("SITE") by
you, the USER of the SITE ("USER"). By using or visiting the
SITE, USER expressly agrees to be bound by these TERMS and to
follow these TERMS and all applicable laws and regulations
governing the SITE. Boston Ticket Wizard.com reserves the right
to change these TERMS at any time, effective immediately upon
posting on the SITE. If USER violates these TERMS Boston Ticket
Wizard.com 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.
Above Face Value. Tickets sold 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 its 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.
Orders. Orders placed through SITE will be fulfilled by
one of our network of participating TICKET SELLERS. Contact
information for the TICKET SELLER who fulfills USER's order
(hereinafter known as "FULFILLER") will be provided to USER upon
completion of the purchase process. If this information is lost,
USER may contact Boston Ticket Wizard to retrieve information
about the order.
All sales are final. Since tickets are a one-of-a-kind
item and not replaceable, there are no refunds, exchanges or
cancellations. If an event is postponed, tickets will be honored
for the rescheduled date. New tickets will not need to be
issued. If an event is cancelled without a rescheduled date,
User will need to contact the FULFILLER for a refund. The
FULFILLER may require the User to return the supplied tickets at
User's expense before receiving any refund User is entitled to
due to cancellation. Boston Ticket Wizard is not responsible for
providing or securing this refund for User. Any shipping and
handling charges are not refundable. Neither
bostonticketwizard.com 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.
Pricing. All prices are in United States Dollars (USD)
unless otherwise specifically stated. SITE cannot confirm the
price of an item until after an order is completed by USER.
Despite SITE's best efforts, a small number of the items listed
on the SITE may be priced incorrectly. If the FULFILLER
discovers an item's correct price is higher than the stated
price, the FULFILLER will either complete the order at the
original 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.
Taxes. Prices stated on the SITE do not include any state
or other local taxes that may apply to USER's order. TICKET
SELLERS may collect sales tax as is appropriate for their
locality.
Credit Card Charges. USER's credit card will be charged
by the FULFILLER responsible for fulfilling their order and not
SITE. If USER have any questions about charges on USER credit
card statement, feel free to contact us at
customersupport@bostonticketwizard.com or to direct USER
question to FULFILLER responsible for completing the ticket
order. FULFILLER may charge or authorize USERS credit card in
advance of confirming ticket availability. If tickets are
ultimately found to be unavailable, the USERS credit card will
not be charged or USER will receive a full refund for the
charged amount.
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.
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 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. Further,
should the ejection result in the loss of the TICKET SELLER's
right to use any other 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.
Ticket Availability. SITE cannot guarantee ticket
availability until the 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 ticket listings
on SITE may only be representations of available 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 the USER'S credit card will not be charged at
all or the entire amount will be refunded, and USER will be
notified that the ticket request has been rejected.
Fraudulent Use. In order to protect our USERs from fraud,
a 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.
Shipping. All orders are shipped to USER using the
delivery method chosen for the order. All shipments are to the
billing address of USERS credit card (no exceptions). 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.
Delayed Shipment. For certain events including but not
limited to the following: all off-season orders for professional
sporting leagues, concerts, and Las Vegas events tickets may not
be available for immediate shipment. 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 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.
International Shipping. Customers outside of the United
States 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 FULILLER 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 their discretion, either contact USER about the additional
fee prior to shipping or cancel USER's order and notify USER of
such cancellation.
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. 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 SITEs throughout the World
Wide Web. SITE has no control over these SITEs or the content
within them. SITE cannot guarantee, represent or warrant that
the content contained in the SITEs is accurate, legal and/or
inoffensive. SITE does not endorse the content of any third
party SITE, nor do we 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 us at customersupport@bostonticketwizard.com and we will
investigate USER's claim and take any actions we deem
appropriate at our 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 our site.
This includes, but is in no way limited to, message boards,
chat, and other original content. By accepting these TERMS, USER
acknowledge and agree 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 by us or the specific
CONTENT provider. 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 us or the specific CONTENT provider, and USER
are 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 we or our
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 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, we will
terminate the infringing USERS' rights to use and/or access to
this SITE. We may, also in our sole discretion, decide to
terminate a USER's rights to use or access to the SITE prior to
that time if we believe that the alleged infringement has
occurred.
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'S 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, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR
REFERENCED ON THE SITE.
Limitation on Liability. Except in jurisdictions where
such provisions are restricted, in no event will SITE be liable
to USER for any indirect, vicarious, consequential, exemplary,
incidental, special or punitive damages, including lost profits,
even if SITE has been advised of the possibility of such
damages. USER further agrees that the maximum available remedy
on any successful claim is a refund of the amount paid by the
USER when placing an order through SITE.
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, Tolland County.
Arbitration. Any controversy or claim arising out of or
relating to the use of the SITE, or any alleged breach of these
policies, shall be resolved through binding arbitration in the
jurisdiction of Boston Ticket Wizard's headquarters, Tolland
County, Connecticut, and administered by the American
Arbitration Association in accordance with its Commercial
Arbitration Rules including the Optional Rules for Emergency
Measures of Protection. Any award issued through arbitration is
enforceable in any court of competent jurisdiction.
Force Majeure.Boston Ticket Wizard shall not be deemed in
default or otherwise liable under these rules and policies due
to its inability to perform its obligations by reason of any
fire, earthquake, flood, substantial snowstorm, epidemic,
accident, explosion, casualty, strike, lockout, labor
controversy, riot, civil disturbance, act of public enemy,
cyber-terrorism, embargo, war, act of God, or any municipal,
county, state or national ordinance or law, or any executive,
administrative or judicial order (which order is not the result
of any act or omission which would constitute a default
hereunder), or any failure or delay of any transportation,
power, or communications system or any other or similar cause
not under Boston Ticket Wizard'S control (hereinafter all of the
foregoing is collectively referred to as "Force Majeure").
Notwithstanding the foregoing, Boston Ticket Wizard shall be
permitted to terminate this Agreement with or without notice to
the USER in the event that Boston Ticket Wizardis prevented from
performing hereunder due to FORCE MAJEURE.
Registration. Certain areas of the SITE are provided
solely to registered USERs of the SITE. Any USER registering for
such access agrees to provide true and accurate information
during the registration process. SITE reserves the right to
terminate the access of USERs should SITE know, or have
reasonable grounds to suspect that a USER has entered false of
misleading information during the registration process. ALL
REGISTERED USERS MUST BE OVER EIGHTEEN (18) YEARS OF AGE.
Children under the age of eighteen (18) shall not be permitted
to register. SITE reserves the right to require valid credit
card information as proof of legal age. SITE maintains a strict
online Privacy Policy and will not sell or provide USER credit
card information to third parties.
USER Account. USER will select a username and password as
part of the registration process. All USER account pages are
protected with Secure Socket Layer (SSL) encryption. USER is
fully responsible for maintaining the confidentiality of their
username and password. USER agrees to immediately notify SITE at
customersupport@bostonticketwizard.com should USER know, or have
reasonable grounds to suspect, that the username or password
have been compromised. SITE shall not be responsible for USER's
failure to abide by this paragraph. SITE may, in its sole
discretion, terminate the USER's account for any reason. Under
no circumstances shall SITE be liable to any USER or third party
for termination of a USER's account.
Third Party Advertisers. SITE may allow third party
advertisers to advertise on the SITE. SITE undertakes no
responsibility for USER's dealings with, including any on-line
or other purchases from, any third party advertisers. SITE shall
not be responsible for any loss or damage incurred by USER in
its dealings with third party advertisers.
Privacy Policy. This privacy policy, herein referred to
as the Privacy Policy, covers SITE's treatment of personal or
personally identifiable information, herein referred to as
Personal Information, that may be collected when USER is on the
SITE and when USER uses Boston Ticket Wizard services. This
Privacy Policy does not apply to the practices of companies or
individuals that Boston Ticket Wizard does not own or exercise
supervisory control over, or to third party advertisers on the
SITE.
This Privacy Policy discloses the privacy practices for
http://bostonticketwizard.com. It applies solely to information
collected by this website. This Privacy Policy will notify you
of the following:
What personally identifiable information is collected
from you through the web site, how it is used, and with whom
it may be shared.
What choices are available to you regarding the use of
your data.
The security procedures in place to protect the misuse
of your information.
How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing We are the sole
owners of the information collected on this SITE. We only have
access to or collect information that USER voluntarily give us
via email or other direct contact from USER. We do not sell or
rent this information to anyone.
We will use USER information to respond to USER regarding the
reason USER contacted us. We will not share USER information
with any third party outside of our organization, other than as
necessary to fulfill USER request, e.g. to ship an order. Unless
USER ask us not to, we may contact USER in the future to tell
USER about specials, new products or services, or changes to
this privacy policy.
SITE will respond to a verified law enforcement, or other
governmental department request or subpoena relating to a
criminal investigation or alleged illegal activity. In such
events, SITE will disclose information relevant to the
investigation such as name, city, state, zip code, telephone
number, email address, fraud complaints, and credit card
information. SITE reserves the right to report to law
enforcement agencies any activities that it believes, in good
faith, to be unlawful.
USER Access to and Control Over Information
USER can do the following, at any time, by contacting us via the
email address or phone number given on our website:
Opt out of any future contact from us;
See what data we have about USER, if any;
Change or correct any data we have about USER;
Have us delete any data we have about USER; and
Express any concern you have about our use of USER data.
Security We take precautions to protect USER information.
When USER submits sensitive information via the website, USER
information is protected both online and offline.
Whenever we collect sensitive information (such as credit card
data), that information is encrypted and transmitted to us in a
secure way. USER can verify this by looking for a closed lock
icon at the bottom of USER web browser, or looking for "https"
at the beginning of the address of the web page.
While we use encryption to protect sensitive information
transmitted online, we also protect USER information offline.
Only employees who need the information to perform a specific
job (for example, billing or customer service) are granted
access to personally identifiable information. The computers and
servers in which we store personally identifiable information
are kept in a secure environment.
If USER feels that we are not abiding by this Privacy Policy,
USER should contact us immediately via telephone at
(866)459-9233 or via email at
customersupport@bostonticketwizard.com.
Service and Advertising Emails. SITE may send USER
several service related emails to the email address given when
placing an order. These include a confirmation email with
details of USER'S order, a pre-event email reminder about the
event to be attended, and a post-event email gathering feedback
on the USER'S experience. When USER places an order, SITE will
also add USER to our weekly mailing list to be informed of
upcoming events. USER can opt out of these emails at any time by
notifying customersupport@bostonticketwizard.com.
Amendments. SITE reserves the right to amend this policy
at any time. SITE will contact registered USERs by email or
shall post a notice of changes in its SITE, when and if the
terms of this policy are amended.