CASHORTRADE TERMS OF USE
Last Updated: April 3, 2023
Table of Contents
1. Who We Are and These Terms of Use | 15. Abusing Our Site and Services |
2. No Event Affiliation; Not A Seller of Tickets or Merchandise | 16. Intellectual Property Rights of Others |
3. Your Account | 17. Mobile Device-Specific Terms |
4. Gold Membership Subscription | 18. Termination of Account; Site Access |
5. Your User Content | 19. Disclaimer of Warranties; Limitation of Liability |
6. Activities Prohibited on The Site | 20. Legal Disputes |
7. Buying Tickets | 21. Indemnification and Release |
8. Selling Tickets | 22. Changes; Site Availability |
9. Trading Tickets; Fair Trade Policy | 23. Third-Party Links |
10. Event Changes | 24. Unsolicited Information |
11. Merchandise Transactions | 25. Notices |
12. Platform Fees | 26. Assignment |
13. Collection of Payments; Traders Protection | 27. Additional Terms |
14. Intellectual Property Rights of CashorTrade | 28. Region-Specific Additional Terms |
1. WHO WE ARE AND THESE TERMS OF USE. Thank you for using CashorTrade! CashorTrade is a digital platform that connects sellers and buyers of event tickets and passes (Tickets) and event-related merchandise via its website (www.cashortrade.org), its mobile application(s), and/or any current or future associated platforms (collectively, the Site)
The terms CashorTrade, we, us, and our refer to Cash or Trade, Inc., a Delaware corporation. The terms you and your refer to any person accessing and/or using the Site. We provide the Site to you expressly subject to these Terms of Use. Terms of Use or Terms means this document together with our Privacy Policy (available at www.cashortrade.org/about/privacy-policy) and our Traders Protection Guarantee. Your use of the Site signifies that you agree to the Terms. If you do not or are unable to agree to these Terms, do not use the Site.
We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. Any updates to the Terms that are published in the mobile app might be delayed due to the need for prior third-party (e.g., Google or Apple) review. In such cases the governing version of the Terms will be the most recently posted version on www.cashortrade.org. By continuing to use the Site after any changes come into effect, you agree to the revised Terms.
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND THAT: (1) YOU WILL BE PERMITTED TO PURSUE CLAIMS AGAINST CASHORTRADE ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
2. NO AFFILIATION WITH EVENTS; NOT A SELLER OF TICKETS OR MERCHANDISE. CashorTrade does not represent and has no affiliation with, any venues, events, event organizers, teams, leagues, or performers. CashorTrade does not own, list, or set the prices for Tickets or the merchandise listed on its Marketplace webpage (the Merchandise), but is rather an intermediary between the sellers (who own the Tickets and Merchandise) and the buyers.
The information CashorTrade provides on the Site is solely informational; CashorTrade does not warrant the accuracy of the information any seller provides. Also, while we provide the Traders Protection Guarantee for Ticket purchases, CashorTrade has no control over and does not guarantee the existence, quality, safety, or legality of the Tickets or Merchandise; the truth or accuracy of the seller's listings; the ability of any seller to sell its listed items or of any buyer to pay for them; or that a buyer or seller will complete a transaction. Without limiting the foregoing, CashorTrade does not guarantee that your Tickets or Merchandise will sell or that your listing will appear on the Site within a certain time after it is posted or in a particular order on the event page or through search results. CashorTrade will not, for any reason, provide compensation for Tickets or Merchandise that do not sell, even if due to Site unavailability or listing delays.
3. YOUR ACCOUNT. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, are not barred from using the Site under applicable laws or by CashorTrade, and are at least 18 years old. By using this Site you represent that you meet all of these eligibility requirements.
To list, sell, or buy Tickets or Merchandise through our Site, you must register an account (Account) with CashorTrade with accurate, current, and complete registration information (e.g., legal name, shipping/billing address, email address, phone number, and one or more valid payment methods). If you are registering an Account on behalf of a business entity, you represent that you have the authority (express or implied) to legally bind that entity. CashorTrade collects registration and other information about you through the Site. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information.
Only you can log into your CashorTrade account to use the Site, and you may only maintain one Account. Maintaining multiple Accounts, using someone else's Account, allowing someone else to use your Account, assuming a false identity, or otherwise impersonating another person is prohibited, and any such actions will automatically void your Traders Protection. Additionally in such cases, CashorTrade reserves the right to suspend payout for Tickets or Merchandise sold, suspend or terminate your Account, and employ any other legal or contractual remedies available to it.
If any of your information changes at any time, you must promptly update your details in your Account through our Site. If you are a seller and you fail to maintain up-to-date payout information on your Account, you may (in accordance with Section 13 of these Terms) irrevocably forfeit transaction amounts that otherwise would have been due to you. If you provide more than one payment method, you hereby grant CashorTrade permission to charge any one of your registered payment methods for amounts you owe us, costs we incur, and/or other expenses arising out of or relating to your violation of these Terms. You are solely responsible for any activity relating to your Account, and for maintaining the confidentiality of your Account information and password. Your Account is not transferable to another party without the prior written consent of CashorTrade.
A. Deleting Your Account: If you would like to delete your account or remove your personal information please contact CashorTrade through the help center and submit a support ticket. You must be logged into your account for verification purposes when making the request. Upon review, the support team will immediately delete your account including personal information.
B. Account Verification: CashorTrade reserves the right to request account verification at any time should our security system flag your account
4. GOLD MEMBERSHIP SUBSCRIPTION. Purchase of a Gold Membership subscription provides you with many additional benefits related to Ticket transactions, including no Platform Fees and a 3% credit card processing fee when purchasing Tickets. (Specific events may be subject to an additional Platform Fee.) Gold Membership subscriptions are available on an annual or semi-annual (6-month) basis.
If you purchase an annual Gold Membership, your subscription will automatically renew for additional one-year terms unless you cancel your auto-renewal prior to the end of the then-current subscription term. If you purchase a semi-annual Gold Membership, your subscription will automatically renew for additional six-month terms unless you cancel your auto-renewal prior to the end of the then-current subscription term. Applicable rates for renewal terms will be at CashorTrade's then-current rates. Upon any cancellation of your Gold Membership renewal, you will continue to have access to Gold Membership benefits through the end of your then-current term, at which time your access to such benefits will terminate.
If you wish to request a refund after your Gold Membership has automatically renewed please submit a support ticket within thirty (30) calendar days of the auto-renewal date; if your Account has not been used to list, sell, trade, or purchase Tickets or Merchandise within thirty (30) days of the auto-renewal date, you will be eligible for a refund of your Gold Membership subscription renewal fee. If you have used the Account to list, sell, trade, or purchase Tickets or Merchandise within this 30-day period, or regardless of activity after this 30-day period, your Gold Membership renewal subscription is nonrefundable. Unless timely provided with a valid certificate of exemption or other evidence that items are not taxable, CashorTrade will invoice you for applicable taxes.
5. YOUR USER CONTENT. You are responsible for the accuracy, reliability, appropriateness, legality, and intellectual property rights of any content that you post to the Site or otherwise provide to CashorTrade (any such content, User Content). By posting User Content to the Site or sending User Content to us, you represent and warrant that: (i) you have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the User Content to the Site and to CashorTrade; (ii) the User Content does not include personal, private, or confidential information belonging to others; (iii) the User Content does not otherwise violate the rights of any individual or entity; and (iv) the User Content otherwise complies with these Terms.
By submitting User Content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future, such User Content. You grant CashorTrade the right to use your name or image in association with your User Content, if we so choose. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and promise not to assert such rights against us, our sublicensees, or our assignees.
We may offer catalogs of stock images, descriptions, and product specifications which are provided by third parties (including other CashorTrade users). You may use catalog content solely in connection with your CashorTrade listings during the time your listings are on our Site. We do not guarantee that the catalogs are accurate and/or up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in their catalogs. The catalog may include copyrighted, trademarked, or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
6. ACTIVITIES PROHIBITED ON THE SITE. You hereby agree that you will not (directly or indirectly) access or use the Site:
(i) to contact or invite contact with other CashorTrade users for any reason other than the purpose for which you received the CashorTrade user's contact information;
(ii) to otherwise harvest or collect information about users without their consent;
(iii) to solicit purchases or sales of Tickets, Merchandise, or other goods or services outside of the Site;
(iv) to manipulate the price of any listing or interfere with any other user's listings;
(v) to copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your User Content) or software from our Site without the prior express written permission of CashorTrade and any applicable third parties;
(vi) to commercialize any CashorTrade application, information, or software;
(vii) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(viii) to submit inaccurate, false, or misleading information, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the Site;
(ix) to upload or transmit viruses or any other type of malicious code that may be used in any way to affect the functionality or operation of the Site;
(x) other than for your use of the Site as expressly permitted in these Terms, to access or attempt to access any systems or servers on which the Site is hosted or alter the Site in any way;
(xi) to spam, phish, pharm, pretext, spider, crawl, data-mine, or scrape;
(xii) to interfere with or circumvent the security features of the Site;
(xiii) to damage, disable, overburden, or impair CashorTrades servers or networks;
(xiv) to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others (including users and CashorTrade employees);
(xv) to do anything that CashorTrade in its sole discretion deems insensitive, offensive, or otherwise inappropriate or inconsistent with the purpose of the Site and/or CashorTrades brand;
(xvi) to export or re-export any part of the Site, except in compliance with applicable export control laws;
(xvii) for any other unlawful purpose or for any purpose that would give rise to civil liability;
(xviii) to solicit others to perform or participate in any unlawful acts;
(xix) to violate any venue or event promoter rules or any applicable third-party terms of service.
(xx) you agree when purchasing tickets, you will not resell the tickets on a secondary platform, nor CashorTrade, at an increased price, for profit. If tickets are purchased on CashorTrade for below face value, those tickets cannot be resold for profit on CashorTrade, or any other secondary resale platform. If it is found that tickets purchased have been re-sold on our platform or secondary platforms for over face value your account privileges can be revoked see section 18.
7. BUYING TICKETS.
A. Binding Contract to Purchase. All Ticket sales are final, so you are responsible for reading the complete Ticket listing before making a commitment to buy Tickets. When placing an order for a Ticket, you are entering into a binding contract with the seller to purchase the Ticket, and your credit card on file is authorized (but not yet charged) for the Tickets Face Value as soon as you place the order. Face Value means the sellers Sales Price (as defined in Section 8), the Platform Fees as set forth in Section 12, credit card/transaction processing fees, and any applicable taxes collected by CashorTrade. Full payment of the Face Value is due and payable immediately upon the sellers acceptance of your order, and you hereby grant CashorTrade permission to charge any one of your registered payment methods for the full Face Value amount upon the sellers acceptance of your order. Notwithstanding the foregoing, CashorTrade has no liability to you if you make an offer above Face Value which the seller subsequently accepts, and, in addition to any other remedies available to CashorTrade, we are authorized to charge your payment method for any such agreed-upon amount.
You may rescind an offer to purchase a Ticket at any time before the seller accepts it. You are not allowed to change or cancel an order after seller acceptance. If you will not use the Tickets after committing to purchase them, you are permitted and encouraged to list the Tickets for sale on the Site so that another fan may attend. You acknowledge that, because CashorTrade does not own, list, or sell the Tickets, CashorTrade is not transferring legal ownership of the Tickets from the seller to you.
B. Delivery and Receipt. Upon full payment for the Ticket, the seller will deliver the Ticket to you via the method set forth in the listing. If the Ticket will be physically mailed, it is your responsibility to confirm that the seller has the correct delivery address. If you provide an incorrect or outdated delivery address, the seller may charge you for any additional delivery costs which arise out of re-arranging Ticket delivery, and CashorTrade may charge any of your registered payment methods for such additional charges. If the Ticket is delivered electronically to your email account, you are responsible for checking your spam folder to locate and complete the transfer as set forth in the next paragraph.
As soon as you have received the Ticket and confirmed that it is the correct Ticket (but no earlier), you agree to mark the Ticket as Received on the Site. Your delay or failure to mark a received Ticket as Received may affect the sellers ability to receive payment in a timely fashion; accordingly, any such delay or failure may negatively affect your buyer rating on the Site. Once marked as Received, the Tickets may not be eligible for a refund, so do not mark a Ticket as Received until it actually is.
C. Invalid Ticket Dispute. If you believe you have received an invalid Ticket you must follow the process set forth in this Section 7(C) in order to remain eligible for a refund:
- Make sure the Ticket won't scan. If you have a mobile Ticket, turn the brightness up on your phone screen and ask for the staff person to scan the Ticket again. Try a different scanner from a different venue staff person. Visit the box office and ask them to scan the Ticket.
- Obtain proof. If none of the above options work, obtain a receipt or other written proof from the box office that the Ticket is invalid. If possible also capture a video of the Ticket not scanning with a clear view of the barcode and the error code on the scanning device.
- Report within 24 hours. Report the dispute within 24 hours of event gate entry through the Report Issue with Ticket button on the Site, which informs the seller and CashorTrade that the Ticket did not scan, and upload all available evidence of the issue. CashorTrade may take up to thirty days to fully investigate; during this time you are required to cooperate with CashorTrade if it requests more information from you.
D. Chargeback Process. Before attempting to request a chargeback for a Ticket purchase from your bank or credit card company please contact CashorTrade Customer Support. In many instances, we will be able to resolve your dispute and provide a refund to you directly. However, if you have a chargeback request pending we will not be able to resolve or refund your dispute. Filing a chargeback request without contacting CashorTrade will result in a fee of $25 to be charged to your payment method on file in order to allow CashorTrade to recoup the costs from the payment processor and may also result in a suspension of your Account; you hereby authorize CashorTrade to charge any of your payment methods on file for this fee.
8. SELLING TICKETS.
A. Binding Contract to Sell at Face Value. By listing a Ticket for sale on the Site, you are making a binding offer to sell that exact Ticket at the ticket's Face Value. The Tickets Face Value equals (i) the price of the Ticket plus any applicable listed shipping and insurance costs from you to the buyer, any markups and/or fees imposed only by the primary ticket seller, and any taxes which you are required to collect (collectively, the Sales Price) plus (ii) the Platform Fees as set forth in Section 12 and any applicable taxes collected by CashorTrade. You are prohibited from charging or passing through to the buyer any convenience, handling, broker, or other fees. For the avoidance of doubt, if you purchased the Ticket from a secondary marketplace such as SeatGeek, TickPick, AXS Resale, or Ticketmaster Resale, you may not pass on to the buyer the Ticket markup from the secondary marketplace.
You may modify or delete your listing at any time until the Tickets have sold. When a buyer purchases your Ticket through our Site, you are contractually bound to deliver that exact Ticket at Face Value within the required delivery timeframe. Therefore, you are solely responsible for monitoring your inventory and ensuring that all of your listings are accurate and current. Under no circumstances are you allowed to cancel a buyer's Ticket order and repost the same Tickets for a higher price.
You are responsible for determining whether any taxes are due on your sale of a Ticket, and for collecting and remitting such taxes, except where CashorTrade is required by law to calculate, collect, and remit sales tax on those sales. Any such applicable taxes must be listed and included in the Sales Price of your Ticket. You agree to provide CashorTrade with your Social Security Number or other tax identification number (TIN) if necessary for CashorTrade to provide (without notice to you) information to the relevant tax authorities related to payments you receive from us, and you further authorize CashorTrade to release that information to the relevant tax authorities. You are required to provide CashorTrade with a TIN if your US Ticket sales equal or exceed 200 transactions and US $20,000 annually so that we may complete an annual 1099k form; if you fall into this category, we will provide you with further instructions via email.
B. Listing Terms. By listing a Ticket, you hereby represent, warrant, and covenant to CashorTrade that the Ticket is: (i) authentic; (ii) fully transferrable; (iii) either on-hand or already ordered and guaranteed and available for immediate sale at the Sales Price; (iv) not stolen, counterfeit, fraudulent, or obtained through unauthorized or illegal activity; (v) not offered for sale in breach of any terms and conditions applicable to that Ticket.
You are responsible for providing accurate, complete, and current information and disclosures about the Tickets you list, including the name of the event; event location; event date and time; section, row, and seat information; and seating-related disclosures, including, but not limited to, the following categories: limited or obstructed view; possible obstruction; wheelchair seating; wheelchair-only seating; wheelchair-accessible; alcohol-free section; behind stage (possible obstruction); side stage (possible obstruction); 21 and over only. Additionally, accurately highlight any features in your listing, such as aisle seating, parking or camping pass inclusion, etc. We may remove any listings, cancel any sales, or take other actions deemed necessary if listings are vague, confusing, inaccurate, or misleading. You are responsible for keeping all Ticket codes and barcodes hidden in your Ticket listing, and you will be solely liable if, due to your failure to hide any such codes, the Ticket does not scan for buyer at the event. Note that for Phish tickets, you must hide every code on Phish Tickets By Mail (PTBMs), including barcodes, order #s, and LivePhish codes.
You are responsible for accurately representing when you will transfer or ship the Ticket. You may list for sale Tickets that are not in your possession as of the listing date (not in hand) as long as you will have them on the transfer/ship date listed (the in-hand date). If your in-hand date changes after the Ticket sale, CashorTrade reserves the right to charge you for any additional fees or expenses incurred, in addition to any other remedies it has under these Terms. You are responsible for selecting the correct Ticket delivery method for your Ticket type (electronic transfer (e-tickets), mobile/pdf, physical/hard tickets (such as tickets printed on card stock), or will-call pickup). Once your Ticket sells, you are prohibited from changing the listed delivery method. If you have physical tickets, you must upload a photo of each Ticket barcode to your message thread with the buyer after the sale but prior to shipment.
C. Delivery Terms. You are responsible for ensuring timely delivery to the buyer of the Ticket via the delivery method described in your listing. CashorTrade reserves the right to charge you for any buyer refund and any additional fees or expenses incurred as a result of your failure to deliver the Ticket in a timely manner or otherwise in accordance with these Terms. You must transfer: (i) in-hand electronic/pdf Tickets immediately upon your acceptance of the buyers offer; (ii) not-in-hand electronic/pdf Tickets within 24 hours of the in-hand date identified in your listing. You must ship: (x) in-hand physical Tickets within 24 hours of accepting the buyer's offer; (y) not-in-hand physical Tickets within 24 hours of the in-hand date identified in your listing but in each case at least one full day prior to the event date. Delivery of physical tickets is completed when the carrier marks the package as delivered. For day of show Ticket sales, you must deliver the Ticket to the buyer within one hour of accepting the buyer's offer unless the buyer requests a later delivery time. In each case you must provide acceptable evidence of timely delivery upon the buyer's or CashorTrade's request, which evidence consists of the following:
- For electronic transfers via primary ticketing apps, the buyer must click the Accept button in the email sent by the primary ticketing app when you initiate the transfer through their site. Note that your primary ticket account may show the Ticket as non-transferable or the transfer button may be grayed out in the app. The Ticket may not become transferable until within 24-48 hours before the event; you are responsible for ensuring that the Ticket transfer occurs as soon as the transfer option is available.
- For pdf Tickets you must take a screenshot and upload it directly to the CashorTrade message thread with the buyer, which will screenshot will be considered proof of delivery.
- For in-person Ticket transfers, you must have the buyer mark the Ticket as received on the Site during your meeting.
- For physical shipments, you must have a receipt from the carrier showing timely delivery. We recommend that you: (i) ensure that the carrier guarantees timely delivery, (ii) refrain from requiring a delivery signature unless the buyer specifically asks for it; (iii) add carrier insurance to cover the full value of the Ticket in case of loss (note that FedEx does not provide insurance for Ticket shipments); (iv) contact the carrier to obtain as much information as possible for the buyer in the event that there are carrier shipping delays.
D. Dropped Sales; Fees for Dropped Sales. If for any reason you are unable to deliver a Ticket to the buyer by the required delivery date you must notify CashorTrade immediately, and we will give you the opportunity to deliver to the buyer a replacement Ticket of equal or greater value (or of lower value if approved by the buyer). If you notify us in a timely manner and the replacement Ticket is accepted by the buyer, then you will not incur additional fees.
A "Dropped Sale" means a Ticket sale that you as seller fail to complete for any reason. Such reasons include, but are not limited to: (i) the failure of your Ticket to exactly match the details set forth in your listing; (ii) your failure to deliver the Ticket at all; (iii) your failure to deliver the Ticket by the required delivery date; (iv) your failure to provide an acceptable replacement Ticket (i.e., a Ticket which CashorTrade determines is comparable to or better than the one originally listed, and which the Buyer accepts as sufficient); (v) your failure to meet at the arranged time or place for an in-person Ticket transfer; (vi) your delivery of a Ticket which is or becomes invalid for any reason other than as a result of the venues, event organizers, or primary ticket sellers issuance of an invalid Ticket; (vii) your failure to respond to CashorTrade in the event that CashorTrade contacts you regarding an invalid Ticket dispute claim, or to make a bona fide effort to assist CashorTrade in its investigation and documentation efforts; (viii) the failure of your Ticket to scan at the event, as demonstrated by buyer-submitted evidence; (ix) your failure to provide the buyer with a written receipt for the buyers Ticket purchase upon the buyers request, resulting in a cancelled order; (x) your request for a change to the Ticket sale after accepting the buyers offer, which change is subsequently rejected by the buyer or CashorTrade, resulting in a cancelled Ticket order; (xi) your failure to deliver the new Ticket to the buyer if for any reason the venue delivers new Tickets for the event; (xii) if the primary ticket company makes a change to the Ticket type and if the buyer agrees to accept the new Ticket type, your failure to deliver the new Ticket type to the buyer. (If the primary ticket company makes a change to the Ticket type and the buyer rejects the new Ticket type, then the buyer will be entitled to a refund.)
In the event of any Dropped Sale, the buyer is entitled to a full refund. CashorTrade will charge your payment method an amount equal to the greater of (i) 150% of the Face Value of the applicable Ticket(s); or (ii) the full amount of all fees and expenses incurred by CashorTrade in connection with the Dropped Sale, plus 20%. Additionally, depending on the circumstances and in CashorTrade's sole discretion, CashorTrade may flag, suspend, or terminate your Account and/or downgrade your Active Transaction Limit.
9. TRADING TICKETS; FAIR TRADE POLICY. To offer or accept a Ticket trade you must have a receipt for your offered Ticket in hand. All trades must be fair trades for equal value. The cash difference must be provided if trading a single Ticket for multiple Tickets. Trade bundling of multiple bad seats for one good seat is prohibited. Examples:
- If you have five lawn tickets ($30 each) and you seek only one $90 floor Ticket, then a fair value trade would be 3-for-1 trade and purchase my extras at Face Value. An invalid trade would be I will trade you five lawn tickets for one floor.
- If you have two 200-section seats ($105 each) that you want to trade for one floor Ticket ($105), then a fair value trade would be Two 200-section Tickets in exchange for one floor Ticket plus the Face Value of a second 200-section Ticket. An invalid trade would be Two 200-section Tickets in exchange for one floor Ticket.
Except for the form of currency in Ticket trades, all other terms and conditions of these Terms are applicable to Ticket trade transactions. Without limiting the foregoing, any and all transaction-related fees will be assessed based on the total value of the applicable Ticket(s).
10. EVENT CHANGES.
A. Cancellation. If an event is canceled and not rescheduled, we will remove the event and any listings related to the event from our Site and inform buyers and sellers about the cancellation with further instructions. If the seller requires the return of their Ticket in order to obtain a refund of the seller's original purchase price, then they must inform the buyer and CashorTrade of this requirement immediately upon learning of the cancellation. The buyer must retain the Ticket to the canceled event and, upon request, return the Ticket to either the seller or to CashorTrade (as instructed by CashorTrade). In the event of cancellation, and after the buyer has returned the Ticket in accordance with any request from CashorTrade, the buyer will receive a full refund, less platform fees and credit card fees, or a credit for use on a future Ticket purchase, as determined in CashorTrades sole discretion (unless a refund is required by law).
The seller will not be paid for a canceled event Ticket. CashorTrade will charge the seller's payment method for the refund amount. If CashorTrade is prevented from recovering the refund amount from the seller for any reason, then CashorTrade may withhold future seller payments until the amount is fully recovered and/or suspend the seller's account. Additionally, if after repeated attempts to contact the seller we are unable to obtain an updated payment method, CashorTrade will turn the matter over to a collections agency and a cyber security agency; in such event, the seller is liable for any and all third-party expenses incurred by CashorTrade with respect to its collection efforts.
B. Postponements, Reschedulings, Venue Changes, Line-Up Changes. If an event is postponed or rescheduled, or if there is a venue or line-up change, but if the original Ticket is valid for entry at the time of the rescheduled or changed event, the Ticket order will not qualify for a refund or other compensation. CashorTrade has no obligation to notify the buyer of any such changes.
11. MERCHANDISE TRANSACTIONS. If you maintain a Merchandise shop on CashorTrades Marketplace, you must: (i) comply with these Terms of Use and all applicable laws and regulations, including, but not limited to, those related to consumer protection and truth in advertising; and (ii) ensure that your shop policies comply with CashorTrades Terms and all applicable laws and regulations. You are responsible for providing accurate, complete, and current information with respect to each of your Merchandise listings, including, but not limited to, accurate photos, descriptions, dimensions, processing times, ship-by dates, and shipment methods. You are responsible for making good faith efforts to resolve any dispute with a buyer on your own before requesting assistance from CashorTrade; to aid you in this respect, CashorTrade offers a buyer messaging tool, a tool for supplying a partial or full refund to a buyer, and a tool in which the buyer can pay you for additional costs. You are solely responsible for determining your state-by-state sales tax obligations, registering to collect sales tax, and collecting and remitting sales tax in accordance with each state's payment deadlines. You have the ability to set state sales tax rates in your Marketplace (click on your profile photo and go to My Stores > Edit Store > Tax Rates). You can see how much sales tax you've collected on CashorTrade by clicking your profile photo and going to My Stores > Manage Orders > Taxes.
In the event that a Merchandise buyer or seller reports a dispute to CashorTrade, both the buyer and the seller must cooperate with any investigations conducted by CashorTrade, promptly providing any information requested, canceling and/or refunding any transactions deemed by CashorTrade to be invalid or unauthorized, and taking any other actions requested by CashorTrade with respect to the resolution of such dispute.
If a chargeback is filed by the buyer and proof of delivery cannot be provided by the seller, the seller will be responsible for covering the $25 chargeback fee along with the purchase price of the transaction.
As a buyer or a seller of Merchandise, you agree that you will only complete Merchandise transactions on the Sites Marketplace and will refrain from making any direct or alternate purchase/sale arrangements outside of the Marketplace. You further agree to use only a Site-registered payment method to complete the Merchandise transaction. If you breach of any these provisions CashorTrade may in its sole discretion charge you a Marketplace Circumvention Fee equal to 20% of the total value of the Merchandise transaction (with the Merchandise transaction value determined by what the value would have been had the transaction been completed via the Marketplace), and you hereby grant CashorTrade permission to charge any of your registered payment methods, and/or to deduct amounts from pending or future payments to be received by you, for such Marketplace Circumvention Fee. Additionally, your breach of any of these provisions may result in suspension or termination of your Marketplace shop, your access to the Marketplace, or your access to the Site, in addition to any other remedies available to CashorTrade.
12. PLATFORM FEE. In addition to any applicable taxes and credit card/transaction processing fees, CashorTrade charges a platform fee (Platform Fee) of (i) ten percent (10%) of the applicable Ticket Sales Price to non-Gold Membership buyers. To extend CashorTrades Traders Protection Guarantee on packages greater than $2500 or for specific partnered events a small platform fee may be applied regardless of membership status. The Platform Fee and/or the credit card/transaction processing fees is non-refundable and helps maintain the CashorTrade staff, pay for business costs associated with running CashorTrade, and also allows us to maintain our Traders Protection Guarantee. CashorTrade may in its sole and absolute discretion change its Platform Fees or any other fees at any time. Any applicable Platform Fees will be disclosed to you prior to your purchase of a Ticket.
Processing Fees on Refunds: A credit card processing fee of three percent (3%) will be added when recovering any payment made to a seller.
13. COLLECTION OF PAYMENTS; TRADERS PROTECTION
A. You must have a valid credit card on file with CashorTrade in order to list, sell, or buy Tickets or Merchandise. You must have a verified PayPal account in order to accept payouts as a seller of Tickets or Merchandise. By selling Tickets or Merchandise on the Site you hereby appoint CashorTrade as your limited payment collection agent solely for the purpose of accepting funds from buyers on your behalf, and you agree that any buyer payment to CashorTrade shall be treated as a payment made directly to you. Accordingly, upon payment in full to CashorTrade you agree to deliver the applicable Tickets or Merchandise to the buyer in the agreed-upon manner. In accepting an appointment as your limited payment collection agent, CashorTrade assumes no liability for any acts or omissions on your part as a seller.
Except as otherwise specified in the Traders Protection Guarantee, you acknowledge that CashorTrades obligation to pay you is subject to and conditional upon the successful receipt of the associated payments from the buyer. You acknowledge and agree that, if you fail to fulfill any of your seller's obligations under these Terms or otherwise violate any of these Terms, CashorTrade may in its sole discretion take any one or more actions, including, but not limited to (i) charging you a Platform Fee of 10%; (ii) charging you Dropped Sale fees; (iii) charging you the credit card/transaction processing fees for the applicable transaction; (iv) issuing a buyer refund; (v) canceling the sale; (vi) suspending or terminating your listing(s) or your Account. You hereby grant CashorTrade permission to charge any one of your registered payment methods, and/or to deduct amounts from pending or future payments to be received by you, for refunds, payment reversals, chargebacks, and additional fees and expenses incurred as a result of your failure to fulfill your seller's obligations or otherwise adhere to these Terms.
For any buyer or seller with a delinquent Account balance, CashorTrade may at its discretion engage a collection agency or other collection mechanism in order to collect a delinquent amount(s). In such cases, to the maximum extent permissible by law, you will be liable for, and you hereby agree to pay, all such third-party fees and expenses incurred by CashorTrade in its collection efforts. CashorTrade, or the collection agency it retains, may also report information about your Account to one or more credit bureaus, and, as a result, any defaults in your Account may be reflected in your credit report. If you wish to dispute the information CashorTrade reports to a credit bureau, please contact CashorTrade. If you wish to dispute the information a collection agency reports to a credit bureau, you must contact the collection agency directly.
B. Traders Protection is CashorTrades insurance and escrow service for Ticket transactions. For the protection of buyers and sellers, CashorTrade holds all credit card transaction amounts in escrow until the applicable sale is complete. (Ticket exchanges that do not involve a credit card transaction are not covered by Traders Protection.) Trader's Protection insurance only covers the full price paid for the tickets through CashorTrade. Any additional costs to acquire replacement tickets are not included.
If you are the seller, as soon as you accept payment your Payout Status will change to "Pending." If your overall liability balance is below your Active Transaction Credit Limit (ATCL), funds will be released to your PayPal account before the event based on your Available Credit.
PAYOUT PROCESS FOR ACCOUNTS WITH AN ACTIVE TRANSACTION CREDIT LIMIT OF $0
All users start with an ATCL of $0 until they add a valid credit card on file. If you have an ATCL of $0, all of your sales will be paid out 3 days after the event. The payout is automatically processed as long as there are no issues reported with the tickets.
PAYOUT PROCESS FOR ACCOUNTS WITH AN ESTABLISHED CASHORTRADE HISTORY:
Once you have a valid card on file your ATCL will automatically be increased as follows if you meet the following criteria:
6 months of a valid card on file + 3 or more successful sales = $1,000 ATCL
12 months of a valid card on file + 10 or more successful sales = $2,000 ATCL
Active Transaction Balance = the total amount of all advertised tickets for events that have yet to take place + tickets for future events that have been paid out already.
- Active sales less than your Active Transaction Credit Limit (ATCL) of $500/$1000/$2000
- You will be paid out the next day when the buyer marks the tickets as received.
- Active sales greater than your Active Transaction Credit Limit (ATCL) of $500/$1000/$2000
- You will be paid out 3 days after the event
PAYOUT PROCESS FOR ACCOUNTS WITH 'NEXT DAY PAYOUTS':
You have the highest level of Trust with CashorTrade. This is manually approved for our top-tier users only. Accounts are periodically reviewed using several criteria including reviews, activity, length of membership, and more.
Active Transaction Balance = the total amount of all advertised tickets for events that have yet to take place + tickets for future events that have been paid out already.
- Active sales are less than your Active Transaction Credit Limit (ATCL) of $2000
- You will be paid out the next day
- You do not need to wait for the buyer to mark the tickets as received
- Active sales are greater than your Active Transaction Credit Limit (ATCL) of $2000
- You will be paid out 3 days after the event
Any payout is subject to further review and may be held until 3 days after the event, depending on ticket type, transfer agreement, and/or event policy. Our payment processor may request identity verification prior to such payouts, where a user could be asked to forward the following items to support@cashortrade.org: (i) the original receipt from your purchase; (ii) the official transfer waiver; (iii) a photo of your driver's license or other government-issued identification. The payment processor may require you to provide additional identity verification such as a picture of your government-issued identification next to your face, a photo of the front and back of the credit card used in the original purchase, and/or the email confirmation of the original Ticket receipt which shows your name and the last four digits of the credit card used in the original purchase.
C. Payouts for all CID packages, resort packages, VIP, etc., are held until three days after the event. These sales are subject to extensive review to verify legitimacy and you may be asked to forward the following items to support@cashortrade.org: (i) the original receipt from your purchase; (ii) the official transfer waiver; (iii) a photo of your driver's license or other government-issued identification. Failure to provide the requested documentation could hinder the payout. The payment processor may require you to provide additional identity verification such as a picture of your government-issued identification next to your face, a photo of the front and back of the credit card used in the original purchase, and/or the email confirmation of the original Ticket receipt which shows your name and the last four digits of the credit card used in the original purchase.
D. If you are a Ticket seller and you fail to maintain an up-to-date/active PayPal account for a transaction payout, which failure continues for one-hundred and eighty (180) days, then, to the fullest extent permitted by applicable law, you automatically forfeit your right to such transaction payout amount at the end of such 180-day period, and such amount shall be deemed additional consideration to CashorTrade for the services provided via the Site.
14. INTELLECTUAL PROPERTY RIGHTS OF CASHORTRADE. The Site and its underlying code; the look and feel of the Site and all CashorTrade content, organization, graphics, and design; all enhancements, modifications, and derivative works thereof; and all intellectual property rights in the foregoing (including without limitation trademarks, copyright, logos and design marks, service marks, trade names, business names, brand names, designs, domain names and all applications and rights to apply for registration of such intellectual property rights and the right to take action against any third party for infringement of any of those intellectual property rights) anywhere in the world, whether statutory, common law or otherwise (collectively, CashorTrade IP), are owned by or licensed to CashorTrade. You acknowledge that you do not acquire any rights in the CashorTrade IP by accessing or using the Site. You may not use any CashorTrade IP in connection with any product or service that is not offered by CashorTrade, in any manner that is likely to cause confusion with CashorTrades business, or in any manner that disparages CashorTrade. Nothing contained on the Site or in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any CashorTrade IP without the express written permission of CashorTrade.
By submitting User Content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant CashorTrade the right to use your name or image in association with your User Content if we so choose. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees, or assignees.
15. ABUSING OUR SITE AND SERVICES
When using CashorTrade, you agree that you will not do any of the following:
- contact or invite contact with other users for any reason other than the purpose for which you received the users contact information from us or to solicit sales outside of our Site;
- use the Buyer's personal data for any reason other than the delivery of Tickets unless otherwise agreed to by the Buyer;
- behave in an abusive manner to any of our employees or other users;
- violate any venue or event promoter rules at events or violate any applicable third-party terms of service (for instance, when using our mobile applications);
- breach or circumvent any laws (including, where Tickets are sold internationally, the laws of the destination country), third-party rights, or our Additional Policies;
- post false, inaccurate, misleading, defamatory, or libelous content;
- fail to fulfill your contractual obligations regarding the sale or purchase of a Ticket;
- use our trademarks without our prior written permission;
- copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Site or Services without our prior express written permission and the appropriate third party, as applicable;
- use any robot, spider, scraper, or other automated means to access our Site or Services for any purpose without our express written permission;
- take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of our Site or Services or any activities conducted on or with our Site or Services;
- bypass our robot exclusion headers, robots.txt rules, or any other measures we may use to prevent or restrict access to our Site or Services;
- commercialize any of our applications or any information or software associated with such
16. INTELLECTUAL PROPERTY RIGHTS OF OTHERS. CashorTrade respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf. Please send notification of any such claims to CashorTrade, Attn: Legal/Copyright Agent, 28 Howard St, Ste 212, Burlington, Vermont 05401.
If you believe that your User Content that was removed is not infringing, or that you have the authorization from the copyright owner or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice to the above address containing the following information to the Designated Agent at the address(es) listed above: (A) your physical or electronic signature; (B) Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (C) A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification; and (D) your name, address, telephone number, and e-mail address, a statement that you consent to the Legal Disputes provisions in these Terms, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
17. MOBILE DEVICE-SPECIFIC TERMS. If you are using the Site in mobile application (App) form, you acknowledge that these Terms are an agreement between you and CashorTrade. Neither Apple nor Google are parties to these Terms, nor are they responsible for the CashorTrade App or the content thereof. If you are using an iOS device, CashorTrade grants you the right to use the App: (i) only on an iOS device that you own or control and as permitted by the App Store Terms of Service, if you are using an iOS device; (ii) only on an Android device that you own or control and as permitted by the Google Play Terms of Service if you are using an Android device. Neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the App. Neither Apple nor Google is responsible for the investigation, defense, settlement, and discharge of any App-related third-party intellectual property infringement claim.
Neither Apple nor Google is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google (as applicable), and the applicable party will refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, the applicable party will have no other warranty obligation whatsoever with respect to the App.
Apple, Google, and their respective subsidiaries are third-party beneficiaries of this Section 16, which, for purposes thereof, shall be deemed a contract independent from the Terms of Use. As such, Apple, Google, and/or any of their respective subsidiaries will have the right (and will be deemed to have accepted the right) to enforce this Section 16 against you.
18. TERMINATION OF ACCOUNT AND SITE ACCESS. CashorTrade may, in its sole discretion and without prior notice to you, remove your User Content or suspend or terminate your Account and/or your access to the Site for any reason, including, without limitation, if CashorTrade believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use if it is in the best interest of the CashorTrade user community, or to protect our brand. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may additionally be referred to appropriate law enforcement authorities.
19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY SET FORTH HEREIN CASHORTRADE MAKES NO WARRANTY WITH RESPECT TO ITS SITE, ANY TICKETS, ANY MERCHANDISE, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. THE SITE IS PROVIDED TO YOU AS IS AND AS AVAILABLE, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH HEREIN, IN NO CASE SHALL CASHORTRADE (OR ANY OF ITS SERVICE PROVIDERS OR LICENSORS) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF DATA, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM: (A) YOUR USE OF THE SITE; (B) THE SITES SECURITY, OPERABILITY, OR AVAILABILITY; (C) ANY USER CONTENT POSTED TO OR TICKETS ADVERTISED ON THE SITE; (D) STATEMENTS, CONDUCT, INTERACTIONS, OR DEALINGS WITH ANY OTHER SITE USER OR THIRD PARTY; OR (E) ANY OTHER CLAIM RELATED IN ANY WAY TO THE SITE - EVEN IF ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, CLAIM, OR DAMAGES.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In any event, if found liable, our liability to you or to any third party is limited to the greater of (i) any amounts due under the Traders Protection Guarantee; (ii) the amount of fees in dispute, not to exceed the total fees which you paid to us in the twelve months prior to the action giving rise to the liability, or (iii) $200.
20. LEGAL DISPUTES. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CASHORTRADE HAVE AGAINST EACH OTHER ARE RESOLVED. Any claim or dispute at law or equity that has arisen, or may arise, between you and CashorTrade that relates in any way to or arises out of this or previous versions of these Terms, your use of or access to the Site, the actions of CashorTrade or its agents, Tickets sold or purchased through the Site, and the Agreement to Arbitrate (as defined below) or the breach or validity thereof (hereinafter, a Claim), will be resolved in accordance with the provisions set forth in this Section 19.
A. Applicable Law. You agree that except to the extent inconsistent with or preempted by federal law, the laws of the State of Vermont, USA, without regard to principles of conflict of laws, will govern these Terms and any Claim that has arisen or may arise between you and CashorTrade.
B. Agreement to Arbitrate. If you reside in the United States or Canada, you agree that, except where prohibited by law, any and all Claims, shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules (Rules), rather than in court, except that you may assert Claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. Sections 19(B)-(G) shall be referred to as the Agreement to Arbitrate. The Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
C. Prohibition of Class and Representative Actions. EXCEPT WHERE PROHIBITED BY LAW, YOU AND CASHORTRADE MAY BRING CLAIMS PURSUANT TO THIS AGREEMENT TO ARBITRATE AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND CASHORTRADE AGREE OTHERWISE, THE ARBITRATOR SHALL NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSONS OR PARTYS CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
D. Non-Individualized Relief. 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 CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OR THE GENERAL PUBLIC. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then, subject to your and CashorTrade's right to appeal the court's decision, that Claim (and only that Claim) must be severed from the arbitration and may be brought in court. All other Claims will be arbitrated.
E. Arbitration Procedures. The arbitration will be conducted by the AAA under the Rules, as modified by this Agreement to Arbitrate. The Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The language of the arbitration shall be English. The arbitration will take place in Burlington, Vermont. A party who intends to seek arbitration must first send to the other a notice of dispute (Notice) in accordance with Section 24 hereto. All information called for in the Notice must be provided, including a description of the nature and basis of the Claims the party is asserting and the relief sought.
If you and CashorTrade are unable to resolve the Claims described in the Notice within thirty (30) days after the Notice is sent, you or CashorTrade may initiate arbitration proceedings pursuant to the Rules. A form for initiating arbitration proceedings is available on the AAAs website. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party in accordance with Section 24 hereto. Any settlement offer made by you or CashorTrade shall not be disclosed to the arbitrator. The arbitration shall be held in Chittenden County, Vermont, provided, however, that if the value of the relief sought is $10,000 or less, you or CashorTrade may elect to have the arbitration conducted by telephone, by remote means, or based solely on written submissions, which election shall be binding on you and CashorTrade subject to the arbitrators discretion to require an in-person hearing if the circumstances warrant. In cases where an in-person hearing is held, you and/or CashorTrade may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Vermont, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different CashorTrade users but is bound by rulings in prior arbitrations involving the same CashorTrade user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the Rules.
F. Severability. With the exception of Section 19(C) of this Agreement to Arbitrate, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that Section 19(C) is invalid or unenforceable, then, if CashorTrade so elects, the entirety of this Agreement to Arbitrate shall be null and void. If a court decides that applicable law precludes enforcement of Section 19(D) of this Agreement to Arbitrate as to a particular claim for relief, then, subject to your and CashorTrade's right to appeal the court's decision, that Claim (and only that Claim) must be severed from the arbitration and litigated in court. All other Claims shall be arbitrated.
G. Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms of Use to the contrary, if CashorTrade amends any provision in this Agreement to Arbitrate (other than a change to any notice address or website link provided herein), that amendment shall not apply to any Claim filed in a legal proceeding between you and CashorTrade prior to the effective date of the change. The amendment shall apply to all other Claims governed by the Agreement to Arbitrate that have arisen or may arise between you and CashorTrade. We will notify you of amendments to this Agreement to Arbitrate by posting the amended Terms on www.cashortrade.org. If you do not agree to the amended Terms, you may close your account within the 30-day period and you will not be bound by the amended Terms.
H. Venue and Forum for Legal Disputes. All Claims that are not subject to the above Agreement to Arbitrate and all matters brought pursuant to and in aid of the Agreement to Arbitrate will be resolved exclusively by a state or federal court located in Chittenden County, Vermont. You agree to submit to the personal jurisdiction of the courts located within Chittenden County, Vermont for the purpose of litigating all such Claims.
21. INDEMNIFICATION AND RELEASE. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless CashorTrade and its officers, directors, shareholders, employees, licensors, and agents (the CashorTrade Indemnitees) against any claim or demand and all liabilities, costs, and expenses (including reasonable attorneys fees) incurred by any CashorTrade Indemnitee resulting from or arising out of your breach of these Terms of Use; your failure to maintain up-to-date payout information on your Account; your misuse of our Site; your User Content; your violation of any law, statute, ordinance or regulation; or your violation of the rights of any third party. You agree to cooperate with CashorTrade in defending such claims and not to settle any claim without CashorTrades prior written consent.
If you have a dispute with one or more other Site users, you release the CashorTrade Indemnitees from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Further, you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to those claims that you may know or suspect to exist at the time of your acceptance of these Terms.
22. CHANGES; SITE AVAILABILITY. CashorTrade reserves the right at any time to modify or discontinue, temporarily, or permanently, the Site, or any part of the Site at its sole discretion and with or without notice for any reason. CashorTrade performs regularly-scheduled maintenance of the Site. CashorTrade does not have an obligation to notify its users when this maintenance is scheduled to occur. While CashorTrade endeavors to avoid or minimize user impact, the Site (or any portion thereof) may be unavailable during such maintenance periods.
23. THIRD-PARTY LINKS. The Site may contain links to websites operated by parties other than CashorTrade. Such links are provided solely as a convenience to you. CashorTrade does not control these websites and we are not responsible for the content, products, services, or information offered by any such third parties. The inclusion on the Site of links to such websites does not imply any endorsement of the content, products, or services offered or promoted by any third party. If you access or use any third-party resources, you do so entirely at your own risk, and we shall have no liability whatsoever arising from or relating to your access or use of such third-party resources. Additionally, note that you will be subject to the terms and conditions and the privacy policies imposed by such third parties. Complaints, claims, concerns, or questions regarding third-party websites should be directed to the third party.
24. UNSOLICITED INFORMATION. From time to time, you may send us unsolicited information or materials, including, without limitation, ideas or suggestions related to new or improved services, enhancements, names, technologies, advertising and marketing campaigns, plans, or promotions (collectively, Unsolicited Information). Notwithstanding the foregoing, CashorTrade does not want to receive confidential or proprietary information from you, and you agree never to send to CashorTrade any User Content that would violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. By sending CashorTrade any Unsolicited Information you grant CashorTrade an unrestricted, irrevocable, perpetual, worldwide license to use, reproduce, display, perform, modify, transmit, and distribute such Unsolicited Information, and you also agree that CashorTrade is free to use any ideas, concepts, know-how, or techniques that you send to it for any purpose, without attribution or compensation to you of any kind. CashorTrade has no obligation to review any Unsolicited Information. These provisions do not govern CashorTrade's obligations with respect to your personal information, which obligations are set forth in CashorTrades Privacy Policy.
25. NOTICES. Except as otherwise stated in these Terms or as expressly required by law, any notice to us shall be given by registered mail to CashorTrade, Attn: Legal, 28 Howard St, Ste 212, Burlington, Vermont 05401. Any notice to you shall be given to the most current email address in your account. Notice to you shall be deemed given 24 hours after the email is sent unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the postal address provided during registration. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
26. ASSIGNMENT. These Terms are not assignable, transferable, or sublicensable by you except with CashorTrades prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, reorganization, sale of CashorTrades assets, or similar transaction.
27. ADDITIONAL TERMS. The Site is controlled and operated from the United States and is intended for individuals in the United States. Users who access or use the Site from other jurisdictions do so at their own risk and are solely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site or export or re-export any portion of the Site or its technology if you are a resident of a country embargoed by the United States or a foreign person or entity blocked or denied by the United States government.
The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms is held by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity of the remaining provisions herein or the validity of all provisions in another jurisdiction. CashorTrade's performance of these Terms is subject to existing laws and legal processes, and nothing contained in these Terms is in derogation of CashorTrade's right to comply with law enforcement requests or requirements relating to your use of the Site.
No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by these Terms of Use or your use of the Site. Except as expressly set forth herein, nothing in these Terms of Use is intended to confer benefits, rights, or remedies unto any person or entity other than the parties hereto and their permitted successors and assigns. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms constitute the entire agreement between you and CashorTrade with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and CashorTrade with respect to the Site. No amendment, modification, or supplement of any provision of these Terms of Use will be valid or effective unless made in accordance with the express terms of these Terms of Use.
28. REGION-SPECIFIC ADDITIONAL PROVISIONS. If you are a California resident, in accordance with Cal. Civ. Code 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Pursuant to 815 ILCS 414/1.5(c), for transactions involving Tickets to events in the state of Illinois, a Site user may elect to submit complaints against another Site user to the AAA. Such complaints shall be decided by an independent arbitrator in accordance with these Terms of Use and the AAAs Rules. Such Site users further agree to submit to the jurisdiction of the State of Illinois.
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Welcome to the FACE VALUE MOVEMENT! We're helping fans score tickets to sold-out events! #embracetheface Welcome to the FACE VALUE MOVEMENT! We're dedicated to helping fans score tickets to their favorite events. CashorTrade is a social network where fans support one another and buy, sell, and trade tickets for face value. #embracetheface