1. INTRODUCTION.

These Seller Terms of Service (“Terms”) are an agreement between you and Ticket Pickers LLC, doing business as Ticket Rescue (“Ticket Rescue,” “we,” “us” or “our”). They apply when you use our websites, communicate with us, or sell tickets to us.

By using our services, submitting our offer form or signing our sales agreement, you agree to these Terms and to our Privacy Policy. If you don’t agree, please don’t use our services.

You must be at least 18 years old and able to enter into a contract. If you sell on behalf of an organization, you confirm that you’re authorized to bind it to these Terms.

2. OFFERS, VERIFICATION AND PAYMENT.

• An offer is valid only for the time we state, and we may change or withdraw it before you accept.
• We may ask for proof of purchase and to verify your identity. Some sales also require you to sign our sales agreement and keep a valid card on file (see Section 5).
• Submitting our form or signing our sales agreement doesn’t guarantee a sale. We may decline or cancel any sale that doesn’t pass our verification checks.
• Unless we agree otherwise, you transfer or ship the tickets to us first, and we pay you after we receive them. If we agree to pay before the tickets are delivered, you must first sign our sales agreement with a valid card on file.
• We pay through PayPal Goods & Services to a PayPal account in your own name. We don’t charge sellers a fee. PayPal may deduct its standard fee for receiving a Goods & Services payment; ask us and we’ll tell you the amount before you accept. PayPal may also apply its own exchange rates and fees to any currency conversion.

3. YOUR PROMISES ABOUT THE TICKETS.

For every sale, you confirm that:

• You are the original purchaser and rightful owner of the tickets, and they are valid for entry and eligible for resale for the event(s) and seat(s) you described.
• The tickets are not student tickets.
• You won’t use, reprint, reissue, transfer or sell the tickets to anyone other than Ticket Rescue.
• You have removed every listing for these tickets from other resale sites.
• Any electronic ticket files you send are the original files. Scanned or screenshotted tickets are a breach of these Terms.
• Any ticket images you send are clear and valid. If we determine that they aren’t, you must refund what we paid for those tickets.
• The information you give us is accurate and complete.

4. DELIVERY.

• Deliver the tickets as we instruct and by the date we agree on. Tickets that aren’t released until the day of the event must be delivered at least 12 hours before the event.
• Ship hard copy tickets and wristbands by a trackable method, at your own cost. Shipping fees aren’t refundable. Wristbands that arrive tightened carry a fee of at least $100, and the sale may be cancelled.
• If tickets aren’t delivered on time, we may change our offer or cancel the sale. If you don’t accept a changed offer, we’ll return the tickets, at your cost for shipped tickets.

5. SALES AGREEMENT AND CARD ON FILE.

• When we require a sales agreement, you must keep a valid debit or credit card on file in the same name as your proof of purchase and ID. Prepaid cards aren’t accepted. We may place a small temporary authorization to verify the card; if the sale is cancelled, any verification charge is refunded.
• If your card is declined, you must provide a valid card within 24 hours, or within the time we give you, or the sale may be cancelled.
• We charge the card only to recover amounts you owe under these Terms (see Section 7). If one charge doesn’t cover the full amount, we may make additional charges until it’s paid.

6. REVIEW, PAYMENT HOLDS AND CANCELLATION.

• We may review any purchase for up to 48 hours after it’s completed and cancel it if it doesn’t pass. If we cancel, you must refund what we paid, and we’ll return the tickets once we receive the refund.
• PayPal may place temporary holds on payments. Those holds are controlled by PayPal, not us, and don’t let you cancel the sale. Once we send a payment, we can’t reverse it.
• Once a sale is complete and you’ve been paid, it’s final, except as described in these Terms.

7. CANCELLED EVENTS, INVALID TICKETS AND AMOUNTS YOU OWE.

• If the event is cancelled, you must refund the full amount we paid for those tickets. Ticket Rescue decides whether an event has been cancelled.
• If we determine that a ticket is invalid, you can dispute that only by providing a scan report from the venue.
• If a sale is cancelled for any reason and you don’t refund the amount owed within 30 days, we may send the account to collections, and you’ll owe collection fees of up to 50% of the transaction price.
• If you break these Terms, you may owe a fee of up to 300% of the amount we paid you, or the full amount Ticket Rescue lost because of the breach. We may charge your card on file for amounts you owe.

8. TEXT MESSAGES.

When you give us your mobile number, you agree that Ticket Rescue may text you at that number about your request, your sale and your tickets. Messages may be sent using automated technology. Message frequency varies. Message and data rates may apply.

Reply STOP to stop receiving texts, or HELP for help. You can also email help@ticketrescue.com. If you opt out, we may not be able to complete a pending sale by text. Mobile carriers are not liable for delayed or undelivered messages. Our Privacy Policy explains how we handle your number.

9. USING OUR SERVICES.

• Follow all laws that apply to you, including any rules about reselling tickets where you live or where the event is held.
• Don’t use our services for anything unlawful or fraudulent, to harass or abuse anyone, to interfere with our systems, or to impersonate anyone.
• Our services are available for events in the United States and Canada, and to people located there.

We may refuse service to anyone, and we may suspend or end your access at any time, including for fraud, inaccurate information or a breach of these Terms. Pending offers or sales may then be cancelled. Amounts you owe us survive any suspension or termination.

10. INTELLECTUAL PROPERTY.

Our websites and content belong to Ticket Rescue or its licensors. You keep ownership of what you send us, such as ticket details and images, and you give us a non-exclusive, worldwide, royalty-free license to use it to provide our services and complete your sale. If you believe content on our sites infringes your rights, email help@ticketrescue.com.

11. THIRD-PARTY SERVICES.

We rely on third parties, such as payment, verification and messaging providers, to provide our services. Your use of their services is subject to their own terms. We’re not responsible for their services, content or downtime, or for third-party websites we link to.

12. DISCLAIMERS AND LIMITATION OF LIABILITY.

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DON’T WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, AND WE’RE NOT LIABLE FOR DOWNTIME OR DATA LOSS, INCLUDING DOWNTIME OF THIRD-PARTY SERVICES WE RELY ON.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TICKET RESCUE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TICKET RESCUE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO TICKET RESCUE DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM. THESE LIMITS APPLY WHATEVER THE LEGAL THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS DON’T ALLOW THESE LIMITS, SO THEY MAY NOT FULLY APPLY TO YOU.

13. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless Ticket Rescue and its affiliates, officers, directors, employees, agents and partners from any claims, liabilities, damages, losses, costs or expenses, including reasonable attorneys’ fees, arising out of your use of our services, your breach of these Terms, or your violation of any law or the rights of a third party. We may take over the defense of any such matter, and you’ll cooperate with us. This section survives the end of these Terms.

14. DISPUTE RESOLUTION.

• Informal resolution first. Before starting any proceeding, contact us at help@ticketrescue.com and give us a chance to resolve the issue.
• Arbitration. If we can’t resolve a dispute informally, you and Ticket Rescue agree to resolve it through binding individual arbitration rather than in court, under the rules and procedures of the chosen arbitration provider.
• No class actions. Any dispute will be resolved only on an individual basis, not as part of a class, consolidated or representative action, and you waive any right to take part in one.
• If any part of this section is found unenforceable, it will be replaced by the closest enforceable provision, and the rest of this section stays in effect.

15. GOVERNING LAW.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Any dispute that isn’t subject to arbitration will be brought only in the state or federal courts located in Hillsborough County, Florida.

16. CHANGES TO THESE TERMS.

We may update these Terms from time to time. We’ll post the new version on this page with a new “Last Updated” date. Changes apply going forward: the version in effect when you agreed to a sale governs that sale. If you keep using our services after a change, you accept the updated Terms.

17. GENERAL.

These Terms, our Privacy Policy and any sales agreement you sign are the entire agreement between you and Ticket Rescue about our services. If these Terms conflict with another document, these Terms control. If any provision is found unenforceable, the rest stays in effect, and the unenforceable provision will be replaced by the closest valid one. Our failure to enforce a provision isn’t a waiver of it; any waiver must be in writing and signed by an authorized representative of Ticket Rescue.

18. CONTACT US.

Ticket Pickers LLC, doing business as Ticket Rescue
15257 Amberly Dr, Ste 409
Tampa, FL 33647-2155
Email: help@ticketrescue.com