Terms of Use - United States

Terms of Use for TodayTix

Last Revised: July 14, 2023

PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES AND/OR DIGITAL PROPERTIES OF TODAYTIX, INC. (THE "COMPANY"), ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE "DIGITAL PROPERTIES") IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE DIGITAL PROPERTIES (EACH A "SERVICE" AND COLLECTIVELY, THE "SERVICES"), CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE DIGITAL PROPERTIES OR DOWNLOADING COMPANY’S MOBILE APPLICATION (THE "APPLICATION"), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER OF ANY SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THESE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

The Services consist of the following, without limitation: a free mobile application for iOS and Android that provides access tickets for live events for certain cities throughout the country and across the world.

PLEASE NOTE THAT these Terms are subject to change by Company in its sole discretion at any time. When changes are made, Company will make a new copy of these Terms available at the Digital Properties and within the Application. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Digital Properties, the Application and/or the Services. Otherwise, your continued use of the Digital Properties, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE DIGITAL PROPERTIES TO VIEW THE THEN-CURRENT TERMS.

Use of the Services and Company Properties. The Application, the Digital Properties, the Services, and the information and content available on the Digital Properties and in the Application and the Services (collectively, the "Company Properties") are protected by copyright laws throughout the world.

Application License.
Subject to your compliance with these Terms, Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.
Updates.
You understand that Company Properties are evolving. As a result, Company may require you to accept updates to Company Properties that you have installed on your computer or mobile device. You acknowledge and agree that Company may update Company Properties with or without notifying you. You may need to update third-party software from time to time in order to use Company Properties.
Certain Restrictions.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Company Properties or any portion of Company Properties, including the Application, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, ticket information, or other Company Properties (including images, text, page layout or form) of Company; (c) you shall not use any metatags or other "hidden text" using Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Application (except that we may elect to grant the operators of public search engines revocable permission to use spiders to copy materials from the Company Properties for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Company Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; downloading, distributing, or sharing ticketed video content booked through an account on TodayTix is strictly prohibited; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Company Properties. Any future release, update or other addition to Company Properties shall be subject to these Terms. Company, its licensors, suppliers and service providers reserve all rights not granted in these Terms. Any unauthorized use of Company Properties terminates the licenses granted by Company pursuant to these Terms.
Third-Party Materials.
As a part of Company Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Company to monitor such materials and that you access these materials at your own risk.
Registration.
1. Registering Your Account.
  In order to access certain features of Company Properties you may be required to become a Registered user. For purposes of these Terms, a "Registered user" is a user who has registered an account on a Digital Property ("Account"), or has a valid account on a social networking service ("SNS") through which the user has connected to the Services (each such account, a "Third-Party Account").
2. Access Through an SNS.
  If you access the Services through an SNS, you may link your Account with Third-Party Accounts, by allowing Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Company and/or grant Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of these Terms and conditions that govern your use of the applicable Third-Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by the operator of the Third Party Account. By granting Company access to any Third-Party Accounts, you understand that Company may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Company Properties ("Content") that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through Company Properties via your Account. Unless otherwise specified in these Terms, all SNS Content shall be considered to be Your Content (as defined in Section 3.1) for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on Company Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Company’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through Company Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" function of your mobile device. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE OPERATOR OF THE THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH OPERATOR OF THE THIRD-PARTY ACCOUNT. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Company is not responsible for any SNS Content.
3. Registration Data.
  In registering for the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration fields (the "Registration Data"); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (a) at least thirteen (13) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to, in the event of any claim by a third party that a username violates the third party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by Company, or if you have been previously banned from any of the Company Properties.
4. Your Account.
  Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company.
5. Necessary Equipment and Software.
  You must provide all equipment and software necessary to connect to Company Properties, including, but not limited to, a mobile device that is suitable to connect with and use Company Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Company Properties.
6. Right of Refusal.
  TodayTix reserves the right to refuse to accept any users, at its sole discretion.
Services and Features.
1. General
  The Services may permit you to order tickets to live events. Company sells tickets on behalf of event providers or third parties in certain instances, which means that Company does not set the ticket prices or determine seating locations. Therefore, tickets for popular events may sell out quickly. Occasionally, additional tickets may be available prior to the event. However, Company does not control this inventory or its availability. When you order a ticket through the Services, you acknowledge that (a) Company may not have possession of such ticket, (b) Company may not have a contract to obtain such ticket at the offered price from an event provider or third party, (c) Company may not be able to supply such ticket for the offered price or range of prices. In the extremely rare event that we cannot fulfill your order or provide you with a better ticket at the same price, we will provide a full refund, and (d) the price listed on your ticket(s) may differ from the cost of your original purchase. When you click “Agree and pay securely” or “Pay securely” you authorize Company to charge your designated payment method to purchase the ticket(s) through the Services. Tickets purchased through our Services are typically subject to a per-ticket service fee and a per order processing fee. In certain cases, including with respect to our concierge service, delivery prices will also be owed. Before purchasing tickets, carefully review your event and seat selection.
2. Company Guarantee; Refunds.
  Company guarantees (a) that the ticket you purchase through the Services will provide valid entry to an active performance of the production described on the ticket and (b) the ticket you receive from us will be the same as the one purchased through the Services; otherwise Company will provide you with a comparable or better ticket or provide a full refund (including any fees). For a complete description of our company guarantee, please click here.

Tickets are not refundable or exchangeable unless specified during purchase, or you add Ticket Protection to your order, which is available on select shows. Occasionally, live events are canceled or postponed. Should this occur, Company will attempt to contact you to inform you of refund or exchange procedures for that event. In the event a live event is canceled or postponed, TodayTix will attempt to contact you to inform you of refund or exchange procedures. TodayTix or Owner, as applicable, guarantees that if an event is canceled and not rescheduled, TodayTix, or where the ticket is purchased from the Owner, will facilitate a return of the full purchase price of your tickets in the form of a Voucher for the transaction amount. A Voucher is a credit worth the same amount as the total amount charged in the original transaction. If TodayTix does not receive a written request for a refund (not including any applied service or order fees) in lieu of a Voucher within ten (10) days from the issuance of the Voucher, then it will consider the offer of a Voucher in lieu of refund to be accepted by the Customer. Should a Voucher be used towards the purchase of a future event that itself is subsequently canceled, a replacement Voucher in the amount of the purchase price (not including booking, handling, or order fees) will be issued and this will not be replaced by a Voucher relative to the value of that successive transaction. For exact instructions, or to request a refund for any canceled or postponed event, please email USsupport@todaytix.com.

Event dates and times are subject to change. It is your responsibility to check for any possible changes in the date and time. You agree that Company is not responsible for changes in date or time of the event, and that refunds will not be issued due to event dates or times being changed. Company will not issue exchanges or refunds for lost, stolen, damaged or destroyed tickets. Additionally, tickets not claimed within one week cannot be claimed.

License Number. Company is licensed to sell theater tickets in the state of New York under license number: 71TO1001503.

Referral Codes, Credits, and Promotional Vouchers. Company reserves the right to cancel any referral program at any time. TodayTix may from time to time, in our sole discretion, issue customer service credits and/or vouchers, which TodayTix reserves with right to revoke with or without notice.

Rush.

Rush is an opportunity to access exclusive low-price tickets. Every performance day, a limited number of Rush tickets are released on a first-come, first-served basis.

How to unlock:

Click “Unlock now”
Click “Share on Instagram stories”, “Share on Twitter”, “Share on Facebook”
- You may also click on “Unlock without sharing”

Once unlocked, the feature will remain unlocked for that show until you make a purchase to that show.

If you select one of the “Share” buttons within the Application, TodayTix will make available to you a personalized link with verbiage and/or imagery which you may choose to share with your friends via the social networking site(s) (“SNS”) you selected. Once you have shared the personalized link through an SNS using the Application, or if you have selected “Unlock without sharing,” TodayTix will make provide you access to our Rush Program, alerting you when Rush tickets become available at the advertised price.

Rush Tickets are available on a first-come, first-served basis. Unlocking does not guarantee customers' ability to hold and purchase Rush tickets. Rush prices are subject to change. TodayTix makes no guarantees as to availability.

Ticket Protection. When purchasing a ticket(s) on the TodayTix app, TodayTix may offer users optional Ticket Protection for an additional price for select shows and/or events listed on TodayTix.

How it works: When a user chooses to purchase Ticket Protection (when available) and cancels their order 24 hours or more before the advertised start of the show, they will be issued a TodayTix voucher worth 100% of the price of their order, including related order fees, but less the price of the Ticket Protection. If a show/event is canceled for any reason, a voucher worth 100% of the price of the order, including Ticket Protection fees, will be issued. Ticket Protection vouchers can be redeemed for up to a year from the date the voucher is issued for any show with ticket availability on TodayTix within the United States.

If a user has purchased Ticket Protection and wishes to cancel their respective ticket order within the TodayTix app:

Click “Account”
Click on “My Orders”
Find the respective show you want to cancel
Click “Options”
Click “Cancel with Ticket Protection”
When prompted, “Confirm” you are sure
You will receive an email confirmation with your TodayTix voucher, along with instructions on how to use a voucher on TodayTix

Details:

The advertised Ticket Protection fee is per ticket, and, when Ticket Protection is selected by the User, will be applied to all tickets within the respective transaction.
Shows eligible for ticket protection are chosen at the sole discretion of TodayTix.
Ticket Protection can only be made during the checkout process for the respective show you are purchasing tickets for. You may not add Ticket Protection after your order is complete.
Ticket Protection fees are non-refundable.
All times are based solely on Company’s computer clock.
When using any type of voucher code to purchase tickets on TodayTix, your order cannot be combined with any other promotional code, gift card, or another voucher code.
Vouchers have no cash value and cannot be exchanged for cash.
Vouchers will have a declining balance and can be used on multiple occasions, however, vouchers will be locked to the first device they are used on.

If you have any questions about Ticket Protection, please contact USSupport@todaytixgroup.com.

Responsibility for Content.

Types of Content.
You acknowledge that all Content is the sole responsibility of the party from whom such Content originated. This means that you, and not Company, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (" Make Available") through Company Properties (" Your Content"), and that you and other users of Company Properties, and not Company, are similarly responsible for all Content they Make Available through Company Properties ("User Content").
Storage.
Unless expressly agreed to by Company in writing elsewhere, Company has no obligation to store any of Your Content that you Make Available on Company Properties. Company has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving the use of Company Properties.

Ownership.

Company Properties.
Except with respect to Your Content and user Content, you agree that Company and its licensors, suppliers own all rights, title and interest in Company Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Company Properties.
Trademarks.
TODAYTIX and related graphics, logos, service marks and trade names used on or in connection with Company Properties or in connection with the Services are the trademarks of Company and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Company Properties are the property of their respective owners.
Feedback.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through its suggestion, feedback, wiki, forum or similar mechanisms ("Feedback") is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license (but, for the avoidance of doubt, Company shall have no obligation) to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Company Properties.

User Conduct. In connection with your use of Company Properties, you shall not:

Impersonate any person or entity, including, but not limited to, Company personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
Register for more than one Account or register for an Account on behalf of an individual other than yourself; or
Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

Third-Party Services.

Company Properties may contain links to third-party services (" Third-Party Services") and applications ("Third-Party Applications"), as well as advertisements and promotions for third-party products and services (collectively, "Third-Party Ads"). When you select a link to a Third-Party Digital Properties, Third-Party Application or Third-Party Ad, Company will not warn you that you have left Company Properties and are subject to these Terms and conditions (including privacy policies) of another digital property. Such Third-Party Services, Third-Party Applications and Third-Party Ads are not under the control of Company. Company is not responsible for any Third-Party Services, Third-Party Applications or Third-Party Ads. Company provides navigation to these Third-Party Services, Third-Party Applications and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Services, Third-Party Applications and Third-Party Ads at your own risk. When you leave a Digital Property, these Terms no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

TodayTix Promotional Alerts.

TodayTix SMS Texting Services.
If you provide us your mobile phone number at registration representatives of the Company may contact you at that number using text messages toƒwe offer text message programs, including one-time texts and subscription text services, where we text you for marketing purposes. The foregoing text messages services are collectively referred to as the "SMS Texting Services."
How to Opt Out.
You can cancel the SMS texting service at any time. Just text "STOP". After you send the SMS message "STOP" to us, we will send you an SMS to confirm that you have been unsubscribed. After this you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If at any time you forget what keywords are supported, just text "HELP" or email us at USSupport@todaytix.com. After you send the SMS message "HELP" to us or email us at USSupport@todaytix.com, we will respond with instructions on how to use our service as well as how to unsubscribe.
Autodialing.
We or our service providers may use an automatic telephone dialing system to deliver text messages to you through any SMS Texting Service you join. By opting in to a SMS Texting Service, you consent to our or our service providers’ use of an automatic dialing system to deliver text messages to the telephone number to which you have directed Company to transmit these text messages.
Fees; Mobile Carrier Charges.
We do not charge for our SMS Texting Services; however, message and data rates may apply. By providing your consent to participate in a SMS Texting Service, you approve any such charges from your mobile carrier. You represent that you are 13 years of age or older and the owner or authorized user of the mobile device associated with the telephone number you designate to receive messages from the applicable SMS Texting Service. You also represent that you are authorized to approve the applicable carrier charges. If you have any questions regarding your mobile carrier charges, please contact your mobile carrier directly.
Privacy.
Data obtained from you in connection with the SMS Texting Services may include your name, address, mobile phone number, your mobile service provider’s name, and the date, time, and content of your messages. Our use of this information will be in accordance with our Privacy Policy. Your mobile carrier and other service providers may also collect data about your mobile device usage, and their practices are governed by their own policies. For our full privacy policy, please click here.
Disclaimers.
You acknowledge and agree that the SMS Texting Services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We will not be liable for any delays in the receipt of any text messages, as delivery is subject to effective transmission from your network operator. The SMS Texting Services are provided on an AS IS basis. We do not guarantee that your use of these services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Texting Services.
Supported Carriers.
AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Carriers are not liable for delayed or undelivered messages.

Indemnification.

You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, providers, suppliers, advertisers, sponsors, and licensors (collectively, the "Company Parties") from and against any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Company Properties; (c) your violation of these Terms; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, these Terms or your access to Company Properties.

Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND COMPANY PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF COMPANY PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN COMPANY PROPERTIES WILL BE CORRECTED.

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH COMPANY PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, ANY SYSTEM OR DEVICE YOU USE TO ACCESS COMPANY PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

FROM TIME TO TIME, COMPANY MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED, AT ANY TIME, WITHOUT PRIOR NOTICE, AT COMPANY’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

Limitation of Liability.

Disclaimer of Certain Damages.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR ON ANY THEORY OF LIABILITY, RESULTING FROM: (A) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY; AND/OR (E) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET.
Cap on Liability.
UNDER NO CIRCUMSTANCES WILL COMPANY PARTIES BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50).
User Content.
COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT).
Basis of the Bargain.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

Remedies.

Violations.
If Company becomes aware of any possible violations by you of these Terms, Company reserves the right to investigate such violations. If, as a result of the investigation, Company believes that criminal activity has occurred, Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Company Properties, including Your Content, in Company’s possession in connection with your use of Company Properties, to (a) comply with applicable laws, legal process or governmental request; (b) enforce these Terms, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Company, its users or the public, and all enforcement or other government officials, as Company in its sole discretion believes to be necessary or appropriate.
Breach. In the event that Company determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for Company Properties, Company reserves the right to:
1. Warn you via e-mail (to any e-mail address you have provided to Company) that you have violated these Terms;
2. Delete any of Your Content provided by you or your agent(s) to Company Properties;
3. Discontinue your registration(s) with the any of Company Properties, including any Services;
4. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
5. Pursue any other action which Company deems to be appropriate.

Term and Termination.

Term.
These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Company Properties, unless terminated earlier in accordance with these Terms.
Prior Use.
Notwithstanding the foregoing, if you used Company Properties prior to the date you accepted these Terms, you hereby acknowledge and agree that these Terms commenced on the date you first used Company Properties (whichever is earlier) and will remain in full force and effect while you use Company Properties, unless earlier terminated in accordance with these Terms.
Termination of Services by Company.
Company has the right to, immediately and without notice, suspend or terminate your Account and/or any Services provided to you. You agree that any such suspension or termination shall be made in Company’s sole discretion and that Company shall not be liable to you or any third party for any suspension or termination of your Account and/or any Services.
Termination of Services by You.
If you want to terminate the Services provided by Company, you may do so by (a) notifying Company at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to {"Company's"} address set forth below or via any other mechanisms that Company generally makes available for such purpose.
Effect of Termination.
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of these Terms which by their nature should survive shall survive termination of Services, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitation of liability, and the Arbitration Agreement.
No Subsequent Registration.
If your registration(s) with or ability to access Company Properties is discontinued by Company due to your violation of any portion of these Terms or for otherwise inappropriate conduct, then you agree that you shall not attempt to re-register with or access Company Properties through the use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Company Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

International users. Company Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Company intends to announce such Services or Content in your country. Company Properties are controlled and offered by Company from its facilities in the United States of America. Those who access or use Company Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.

General Provisions.

Electronic Communications.
The communications between you and Company use electronic means, whether you visit Company Properties or send Company e-mails, or whether Company posts notices on Company Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in writing. The foregoing does not affect your statutory rights.
Release.
You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that are either directly or indirectly related to or arise from your use of Company Properties, including, but not limited to, any interactions with or conduct of other users or Third-Party Services of any kind arising in connection with or as a result of these Terms or your use of Company Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Assignment.
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure.
Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. If a force majeure event occurs that affects Company’s performance of its obligations under these Terms: (a) Company will contact you as soon as reasonably possible to notify you; and (b) Company’s obligations under these Terms will be suspended and the time for Company’s performance of its obligations will be extended for the duration of the force majeure event. You may cancel the Services affected by a force majeure event which has continued for more than 30 days. To cancel please contact Company.
Questions, Complaints, Claims.
If you have any questions, complaints or claims with respect to Company Properties, please contact us at USSupport@todaytix.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Limitations Period.
YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, COMPANY PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dispute Resolution.
Please read this Section 15.7 ("Arbitration Agreement") carefully. It is part of your agreement with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
1. Applicability of Arbitration Agreement.
  All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or service provided by Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under these Terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
2. Notice Requirement and Informal Dispute Resolution.
  Before either party may seek arbitration, the party must first send to the other party a written notice of dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Company should be sent to:

TodayTix, Inc. 1501 Broadway Suite 1313 New York, NY 10036

After the Notice is received, you and Company may attempt to resolve the claim or dispute informally. If you and Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules.

Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Time Limits.

If you or Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the applicable ADR Provider for the pertinent claim.

Authority of Arbitrator.

The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.

Waiver of Jury Trial.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality.

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms (including this Arbitration Agreement) to enforce an arbitration award, or to seek injunctive or equitable relief.

Right to Waive.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against which the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement

Survival of Agreement.

This Arbitration Agreement will survive the termination of these Terms and/or your relationship with Company.

Emergency Equitable Relief.

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration.

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Courts.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the exclusive personal jurisdiction and venue of the courts located within New York County, New York, for such purpose.

TodayTix Best Price Guarantee

For Broadway Shows:

Purchase the lowest-priced ticket available on TodayTix for a specific show, date, and performance time.

Find a lower-priced ticket for the same exact show, on the same date, at the same time, and at a directly comparable seat level* as your ticket(s), that is sold on Broadway.com, SeatGeek, Ticketmaster, or Telecharge within 24 hours of your purchase and up to 48 hours before your respective show’s start time, and you will be issued a TodayTix voucher for the difference in the price of the ticket(s).

*seat level comparability is determined at the sole discretion of TodayTix

The TodayTix Best Price Guarantee does not cover:

The online prices of retailers are not listed in the section above.
Ticket Pricing is only available to select groups of customers including, but not limited to:
Membership Program members (paid or unpaid)
Loyalty programs members (paid or unpaid)
Program members (paid or unpaid)
Government offers.
Ticket Pricing after the use of a coupon is applied.
Pricing that is offered as part of a lottery, rush program, or other similar promotion.
Promotions are determined at the sole discretion of TodayTix.
Any financing offers, bundle offers, items included in bundle offers, subscription services, free items, pricing errors, mail-in offers, coupon offers, items that are advertised as limited quantity, out of stock, credit card offers, gift card offers, items included in gift card offers, discounts related to a membership program, and voice-only deals
Any tickets for sale during special TodayTix promotions or potential promotions, including but not limited to our promotion periods for:
- Black Friday
- Cyber Monday
- Memorial Day Sale
- No-Fee Promotions
Prices that require a login, credit card number, or code to view
Prices that are not bookable, such as some advertisements
Prices that are reflective of unauthorized reselling of a confirmed ticket reservation made in someone else’s name

TodayTix reserves the right to amend or cancel the Best Price Guarantee at any time.

Governing Law. These Terms and any action related hereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

TodayTix Rewards

Effective as of July 3, 2024, the loyalty and rewards program for TodayTix Inc. (“we” or “us” or “TodayTix” or the “Company”) is the TodayTix Loyalty Program (the “Loyalty Program”). The Loyalty Program replaces many prior iterations of rewards, including the Perks credit program (collectively, the “Prior Loyalty Programs”).

The Loyalty Program operates under the terms and conditions as set out below unless otherwise expressly stated (the “Program Rules” or “Loyalty Program Rules”). The Program Rules govern the Company’s relationship with members of the Loyalty Program (collectively, “Members,” and individually, a “Member,” or “you”), including how Members manage their accounts, book reservations, achieve status, and earn and redeem TixCash (“TixCash”) (collectively “Benefits”).

By opening a Loyalty Program membership account (“Account” or “Membership Account”) to receive and redeem benefits of the Loyalty Program, including TixCash, you agree that:

you have read and accept these Program Rules; and you have read and accept the Company’s Terms of Use (the “Terms”) which are incorporated by reference herein; and
you consent to the collection, use, and disclosure of your personal data by the Company, the Loyalty Program, and their authorized third-party agents and licensees in accordance with the Company’s Privacy Policy.

Where permitted by law, Loyalty Program benefits, amenities, offers, awards and services are subject to availability and may be changed by the Company at any time without notice. The Company may terminate the Loyalty Program, in whole or in part, with six (6) months' advance notice to all active Members and with less than six months' notice in any jurisdiction if required to do so by applicable law. At the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Members. If the Loyalty Program is terminated, all unredeemed TixCash or other benefits will be forfeited without any obligation or liability, and no Award claims will be honored after the conclusion of the notice period.

Initial capitalized terms used in these Program Rules but not otherwise defined herein shall have the meaning assigned to them in the Terms.

These Program Rules supersede all previous terms and conditions applicable to the Prior Loyalty Programs or Loyalty Program. Except as otherwise expressly prohibited or limited by applicable laws, Company may at any time amend, modify or supplement these Program Rules, the structure for earning and redeeming Benefits (as defined below), with or without notice, even though such changes may affect the value of TixCash, or the ability to obtain certain Benefits (collectively “Program Rule Changes”). “Benefits” means any and all awards or benefits earned by Members in connection with the Loyalty Program. Members are responsible for remaining knowledgeable of the Program Rules and any Program Rule Changes. Your continued participation in the Loyalty Program will constitute your acceptance of any such Program Rule Changes.

1. JOIN THE LOYALTY PROGRAM

(1.1) Eligibility/Conditions of Enrollment

(a) Completing the Account sign-up. An individual may apply to enroll in the Loyalty Program by fully and accurately completing the Membership Account process. The Company may deny membership in the Loyalty Program to any applicant in its sole discretion and without written notice.

Membership in the Loyalty Program is free and available to any individual who: (a) possesses the legal authority to agree to the Program Rules; (b) resides in a jurisdiction which legally permits participation in the Loyalty Program; (c) is not a resident of Crimea, Cuba, Donetsk People’s Republic, Iran, Luhansk People’s Republic, North Korea, and Syria; (d) provides valid and accurate personal information when enrolling in the Loyalty Program; (e) is not already a member of the Loyalty Program (i.e., does not already have a Membership Account); and (f) has not previously been terminated from the Loyalty Program or any of the Prior Loyalty Programs by the Company.

(b) Loyalty Program Rules. Members are responsible for reading and understanding the Loyalty Program Rules, and other communications from the Company about the Loyalty Program in order to understand his/her rights, responsibilities, and status in the Loyalty Program. If a Member has any questions about the Loyalty Program or these Program Rules, the Member should contact Member Support.

(c) Privacy Policy. Members are responsible for reading the Company’s Privacy Policy in order to understand how the Company collects, uses, and discloses a Member’s data. If a Member has any questions about the Company’s Privacy Policy or its collection, use, or disclosure of a Member’s data, the Member should contact Member Support.

(d) Individual Membership. Only individuals are eligible for Loyalty Program membership, and each individual may maintain only one Membership Account. All Accounts are individual Accounts and no joint or shared Accounts are permitted even if you reside within the same household. Loyalty Program benefits are non-transferable unless expressly stated otherwise.

(e) Duplicate Accounts. A Member may not have one or more duplicate Accounts under the Loyalty Program at any time. Duplicate Membership Accounts may be canceled.

(f) Personal Profile. Information provided by a Member will be maintained in a personal preference profile with the Membership Account. All information provided by a Member in his/her personal profile must be valid and accurate and must be kept current.

(g) Use of Information Collected. The information a Member provides to the Company when creating a Membership Account and redeeming TixCash, Benefits or other Member benefits is processed in accordance with the Company’s Privacy Policy. Communication of relevant information is important to administering the Loyalty Program and providing each Member with the opportunity to maximize the benefits of Membership. The Loyalty Program will only disclose Member information to: the Company, person(s) authorized by the Member; email service providers and mail houses that process mail for such entities; Authorized Licensees (as defined in the Company’s Privacy Statement); and marketing companies that provide services to the Company. Member information will, in each case, only be disclosed for one or more of the following purposes: 1) in order to better service the Membership Account and the Member’s preferences by keeping the Member informed of Account status and activities through printed or electronic statements; 2) to assess a Member’s entitlement to benefits; 3) to offer a Member additional products and services; 4) to send periodic satisfaction or market research surveys; and/or 5) to offer a Member products or services from select reputable companies with whom the Loyalty Program has a strategic relationship because the Loyalty Program believes their offerings will be of interest to the Member. In choosing to become a Member, the Member consents to receive all the types of information described above, but the Member will be given the opportunity to define and modify mailing and other communication preferences.

(1.2) Benefits of Membership

(a) Access to member prices and member deals. To purchase on the TodayTix website or app, users need to become a Member by logging in. Therefore, all tickets, discounts and promotions are only available to Members.

(b) Member Support. All Members can contact the TodayTix Customer Support Team via our Help Center.

(c) Ticket Protection. Ticket protection is offered in varying prices on select shows. When ticket protection is offered, Gold members can purchase protection for $1 per ticket in their order.

(d) Rush. The details for Rush are outlined above in the Terms. To unlock or be able to use Rush, Members must be logged into their Account.

(e) Lottery Access. Lotteries are available on select TodayTix shows. To enter a Lottery, Members must be logged into their Account. Once Members reach the Red tier, their Lottery entries are double, increasing their chances of winning tickets.

(f) Other Benefits based on Membership Status. Other benefits include: Early Access to select Promos/Presales, Access to Drops, Free Seat Upgrade, Access to TodayTix Moments, each as described in and subject to the terms of Section 3 of these Program Rules.

(g) Types of Membership.

(i) Member Tier. The member tier is the base membership level in the Loyalty Program.

(ii) Membership Status. Upon reaching certain milestones, a Member will earn tier membership status (“Membership Status”) and become a Red Tier, Silver Tier or Gold Tier Member. The requirements for earning Membership Status are set forth in Section 3 of these Program Rules.

(1.3) Membership Communications

(a) New Members will receive Loyalty Program communications.

(b) All Loyalty Program communications will be sent to a Member’s mailing address or email address currently provided in the Member’s Account. Communications delivered to the address on file will be deemed to have been received one (1) business day after sending it if delivered to the Member’s email address or five (5) business days after sending it if delivered to the mailing address provided. Members must keep their email and mailing addresses current. Neither the Company nor the Loyalty Program shall have any responsibility for misdirected or lost mail or any consequences thereof.

(c) The Company may also send Members promotions, offers and other communications from time to time, which may include, without limitation, items from third parties. The items from third parties are based on the information provided to the Company by a Member and any additional data the Company may maintain. Members may change personal details at any time in the Account profile on the Digital Properties or the Application or by contacting the TodayTix Member Support Team via our Help Center.

(d) Any time a Member contacts the Help Center, the Company may ask the Member certain security questions to verify the Member’s identity. Member Experience Representatives may monitor or record telephone calls to improve quality of service.

(e) A Member can review his/her TixCash balance and update personal details in the Account profile on the Digital Properties or the Application.

(1.4) Other Conditions of Enrollment

(a) Cancelling or Suspending Membership Accounts

(i) Cancelling by Member. A Member may cancel his/her membership in the Loyalty Program at any time by sending written notice of cancellation to the TodayTix Member Support Team via our Help Center. All unredeemed TixCash, as well as any Benefits, other member benefits and Membership Status, will be forfeited immediately and may not be reinstated or transferred.

(ii) Cancelling or Suspending by the Company. The Company may cancel a Member’s accumulated TixCash, suspend Loyalty Program benefits, suspend Membership Status, or cancel a Member’s Account at any time with immediate effect and without written notice, for any reason and in the Company's sole discretion including, without limitation, if the Company believes the Member has:

1. Acted in a manner inconsistent with applicable laws, regulations, ordinances;

2. Failed to pay any bill or fulfill any financial obligation, when due to the Company or at any theater or venue or with any partner of the Company;

3. Acted in an inappropriate, fraudulent, abusive or hostile manner;

4. Breached or violated any of these Program Rules or our Terms of Use;

5. Fraudulently claimed eligibility to earn benefits through any events or purchases; or

6. Engaged in any misconduct or wrongdoing in connection with the Loyalty Program including, without limitation, with respect to TixCash, Award usage, or any other Member benefits.

(iii) Bankruptcy. Subject to applicable law, a Member’s membership in the Loyalty Program will terminate automatically upon the Member filing for bankruptcy or otherwise being subject to a bankruptcy proceeding.

(iv) Legal Action. Nothing contained in these Program Rules will limit the Company in the exercise of any legal or equitable rights or remedies.

(b) Effect of Membership Cancellation

(i) The Loyalty Program, TixCash, Benefits, and other related benefits and services are the sole property of the Company, and are not the property of Members. On cancellation of membership in the Loyalty Program for any reason, all unredeemed TixCash, Benefits and other related benefits and services will be forfeited and a Member will no longer be able to participate in the Loyalty Program. TixCash, Benefits and other related benefits and services have no cash value and the Company will not compensate or pay cash for any forfeited or unused TixCash.

(ii) If the Company cancels a Member’s Account for any reason, the Member may not reapply for membership in the Loyalty Program except in very limited circumstances at Company’s sole discretion, and any unauthorized Account opened in the Member’s name following cancellation, as well as TixCash, Benefits and other related benefits and services earned in that Account will be forfeited upon discovery.

(iii) If a Member cancels his/her Account, the Member may reapply for membership in the Loyalty Program at a later date, but no TixCash, Benefits and other related benefits and services previously forfeited or expired will be reinstated to the Member Account and any Membership Status will not be reinstated.

(c) Modification of Program. Except as otherwise expressly prohibited or limited by applicable laws, the Company has the right to change, limit, modify or cancel the Loyalty Program Rules and Benefits, with or without notice, even though such changes may affect the value of TixCash, or the ability to obtain certain Benefits. The Company may, among other things: (i) increase or decrease the amount of TixCash received for attaining a specific Membership Status; (ii) increase or decrease the amount of any Benefit or otherwise modify any Benefit; (iii) withdraw, limit, modify or cancel any Benefits; (iv) change program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting TixCash, or rules governing the use of Benefits. In accumulating TixCash or other Benefits, Members may not rely upon the continued availability thereof.

(d) Termination of Program. The Company may terminate the Loyalty Program with six (6) months' advance notice to all active Members. At the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Members. A Member may not accumulate TixCash or claim Benefits, Loyalty Program benefits or amenities after the termination of the Loyalty Program. If the Loyalty Program is terminated, all unredeemed TixCash will be forfeited without any obligation or liability, and no Benefits claims will be honored after the conclusion of the notice period. The Company may terminate any of the Loyalty Program in whole or in part, in any jurisdiction on less than six months' notice if required to do so by applicable law.

(e) Benefits Subject to Availability and Modification. All Loyalty Program Benefits and services are subject to availability and may be changed at any time without notice.

(f) Eligibility to Receive Benefits. By accepting any Loyalty Program benefits, amenities, offers, awards or services, including, any TixCash or Benefits, a Member acknowledges that he/she is responsible for determining whether he/she is eligible to receive, and that he/she is eligible to receive, such Loyalty Program benefits, amenities, offers, awards or services (including, without limitation, TixCash and Benefits) under applicable laws, gift policies and incentive policies. Each Member must immediately notify the Company if he/she is not eligible to receive any Loyalty Program benefits, amenities, offers, awards or services at any time.

(g) Eligibility Notification. A Member must promptly notify the Company in the event that (i) he/she is not eligible for any reason, including, without limitation, pursuant to any applicable laws, gift policies or incentive policies, to earn TixCash, Benefits, Membership Status, or any other benefits that a Member may earn under the Loyalty Program, or (ii) his/her Member Account has been credited with any TixCash, Membership Status, or any other benefit that a Member may earn under the Loyalty Program that he/she has not earned or is not eligible to earn.

(h) No Sale or Transfer. Except as expressly permitted in the Program Rules, TixCash, Benefits, and other Member benefits may not be sold, bartered or transferred (other than by the Company or its agents). Any attempted transfer, sale or barter will be void and will be confiscated. The Company and its partners may refuse to honor or recognize any TixCash, Benefits, or Member benefits which the Company believes may have been transferred, sold or bartered.

2. TixCash

(2.1) Earning TixCash. Members may earn TixCash (the currency of the Loyalty Program), for obtaining certain Membership Status. TixCash is a loyalty discount redeemable toward future purchases on the Digital Properties. When you make a purchase, no additional consideration is required from you to obtain TixCash but in order to earn and redeem TixCash, you must create and maintain your Member Account, check out while logged into that Account and attend the show associated with the purchased tickets. TixCash may only be redeemed on the Application. TixCash is earned upon reaching Red Tier ($5) and Silver Tier ($10) Membership Status, subject to the exceptions set forth in Section 4.2(c) of these Program Rules. When you login to your Account, you may view your TixCash balance.

(2.2) TixCash and other Member Benefits Subject to Program Rules. As set forth above, the accumulation of TixCash is subject to the Program Rules. Each Member is responsible for reading the Program Rules, newsletters, and Account statements in order to understand his or her rights, responsibilities, and status in the Loyalty Program, as well as the structure for earning Benefits. We reserve the right to discontinue TixCash or modify the terms applicable to TixCash at any time.

(2.3) TixCash Expiration Policy. A Member will receive TixCash upon their attainment of Red Tier and Silver Tier Membership Status (as further detailed in Section 3 of these Program Rules below). TixCash will expire within 180 days from the date on which the Member attains the applicable Membership Status unless otherwise specified at the time of earning and specifically excluding bonus TixCash. Earning additional TixCash will extend the expiration date for all earned TixCash in your account (excluding bonus TixCash). By way of example, if you earned $5.00 in TixCash by purchasing two (2) Eligible Tickets and which became Qualifying Tickets (as defined in Section 3 of these Program Rules) on March 1, 2024, and you purchased four (4) additional Eligible Tickets (as defined Section 3 of these Program Rules) which became Qualifying Tickets on July 31, 2024, then the expiration date for your initial $5.00 in earned TixCash (in addition to your $10.00 in TixCash earned by attaining Silver Tier Member Status) will be extended to 11:59 PM EST on January 27, 2025. However, if (by way of example) you have the same scenario as above, but purchase an Eligible Ticket on July 31, 2024, which could not be considered a Qualifying Ticket until September 15, 2024, then the expiration date for your initial $5.00 in earned TixCash will not be extended. Once TixCash has expired, the TixCash cannot be reinstated, but a Member can earn new TixCash in the following calendar year, unless that Member’s Account has been deactivated. TixCash redeemed by a Member prior to the expiration date are still valid even though the Eligible Ticket may not have become a Qualifying Ticket at the time of TixCash expiration.

(2.4) Refund of TixCash. TixCash is non-refundable once used for a purchase. However, if TixCash is used to buy a ticket and the Member either uses their ticket protection (if applicable) or the event is canceled by the host, the TixCash will be credited back to the Member's account with the original expiration date.

(2.5) Certain Restrictions. Unless required by law, TixCash is not redeemable for cash, and cannot be transferred, sold or distributed to others and cannot be applied to taxes or any other mandatory governmental charges or fees.

(2.6) Taxes. TixCash and Benefits earned through participating in the Loyalty Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of TixCash or Benefits is the sole responsibility of the Member.

3. Membership:

(3.1) Membership in General.

(a) Benefits of Membership Status will apply only to purchases made by a Member who is signed in on his or her Member Account. Benefits vary by Membership Status. More information can be found in Section 3.2 of these Program Rules.

(i) The awarding of Membership Status benefits is void where prohibited by law and may vary outside the United States[and the UK and Australia.

(ii) Some Benefits may not be available in connection with some venues or shows or events.

(3.2) Membership Requirements.

(a) Only Qualifying Tickets purchased with a Member Account are credited toward the Member’s achievement of Membership Status. For purposes hereof, “Qualifying Ticket” means an Eligible Ticket for which you do not request a refund or cancellation of and which event, show or performance is not otherwise cancelled and “Eligible Ticket” means a purchase of a ticket on the Digital Properties which ticket costs more than $5/£5 (not including any taxes or any other mandatory governmental charges or fees).

(b) To achieve Membership Status, the following number of Qualifying Tickets must be purchased between January 1 and December 31 of any given calendar year:

(i) Member Tier: 0 to 1 Qualifying Tickets

(ii) Red Tier: 2 to 5 Qualifying Tickets

(iii) Silver Tier: 6 to 9 Qualifying Tickets

(iv) Gold Tier: 12+ Qualifying Tickets

Benefits of a specific tier of Membership Status will last until December 31 of the year following attainment of a given Membership Status, subject to exceptions for certain benefits such as TixCash, Seat Upgrade (as defined below) and the 10% Discount (as defined below).

(3.3) Membership Benefits.

(a) Membership Status Tier Benefits. Member Tier Members and above are eligible to receive the following Benefits:

(i) Access to members prices / member deals.

(ii) Rush Program. Access to this benefit is available only through the Application.

(iii) Lottery Program. Access to this benefit is available only through the Application.

(iv) Member Support. All Members can contact the TodayTix Member Support Team via our Help Center.

(b) Red Tier Membership Benefits. In addition to all of the benefits Member Tier Members receive, Red Tier Members are eligible to receive the following Benefits:

(i) TixCash Credit. Upon achieving Red Tier Membership Status, the Member will receive $5 in TixCash credited to their Member Account.

(ii) Lottery Multiplier. Red Tier Members will have any entries they make into any given Lottery multiplied by 2x. This benefit is subject to the rules and conditions governing the Lottery program. Access to this benefit is available only through the Application.

(c) Silver Tier Membership Benefits. In addition to all of the benefits Red Tier Members receive, Silver Tier Members are eligible to receive the following Benefits:

(i) $10 TixCash Credit. Upon achieving Silver Tier Membership Status, the Member will receive $10 in TixCash credited to their Member Account.

(ii) Early Access to select Promos/Presales. This benefit is based on availability. Silver Tier and Gold Tier Members will have early access to certain Promos/Presales as determined by the Company in its discretion from time to time. Members in the Silver and Gold tiers will be able to shop a select number of promotions and ticket pre-sales earlier than non Silver and Gold members. Silver and Gold members will receive marketing communications informing them when they can shop early.

(iii) Access to Drops. Drops are heavily discounted tickets that are only accessible to Silver and Gold members in the TodayTix app. Currently, Drop tickets are only available on the iOS app and will be made available on the Android app in the coming months. Inventory varies and is not guaranteed. This benefit is subject to availability. Access to this benefit is available only through the Application.

(iv) Invite to TodayTix Moments. Silver Tier Members will be eligible for invitation to certain TodayTix Moments. Tickets to such events for Silver Tier Members may require purchase of a ticket and is subject to the specific terms and conditions of such event, as well as availability. TodayTix Moments include invites to and attendance at meet and greets, cast talkbacks and exclusive interviews.

(d) Gold Tier Membership Benefits. In addition to all of the benefits Silver Tier Members receive, Gold Tier Members are eligible to receive the following Benefits:

(i) 10% Discount. Gold Tier Members will automatically receive 10% off their final checkout price for purchases made through the TodayTix app for 180 days from the date on which the Member attains Gold Tier Membership Status (the “10% Discount”). In the event that a Member obtains Gold Tier Membership Status in a subsequent year while such Member’s initial 10% Discount benefit is in effect, the 10% Discount will be extended for such Member for 180 days from the date the Gold Tier Membership Status is attained in the subsequent year. By way of example, if a Member attains Gold Tier Membership Status (including unlocking the 10% Discount) on October 1, 2024 and then attains Gold Tier Membership Status on February 1, 2025, then the 10% Discount will be in effect for such Member until July 31, 2025 (180 days from February 1, 2025). This benefit cannot be used for either Rush or Lottery access program purchases or for tickets purchased through Drops.

(ii) Prioritized Member Support. Gold Tier Members will have prioritized Member Support in the event of any questions or issues.

(iii) Free Seat Upgrade. Gold Tier Members are entitled to one seat upgrade (“Seat Upgrade” and “Upgraded Seat”), subject to availability. Upon achieving Gold Tier Membership Status, at checkout, an eligible Member will be presented with an upgrade option, provided such Member has a maximum of two tickets in their basket and seats are available. This benefit expires, if unused, 180 days from the date on which the Member attains Gold Tier Membership Status.

The Company is not liable for failure to process any Seat Upgrade. The Company reserves the right to limit inventory made available for Seat Upgrades for any particular show or showing for any reason, and to assign or reassign an Upgraded Seat at any time, even after checkout and processing of a purchase, for operational or any other reasons. Available seats within the seat map does not necessarily mean these seats are part of inventory available for Seat Upgrades.

(v) Ticket Protection. Gold Tier Members will be offered ticket protection on eligible purchases for only $1 per ticket. This benefit is subject to the terms and conditions of the Ticket Protection program.

(vi) Invite to TodayTix Moments. Gold Tier Members will be eligible for invitation to certain TodayTix Moments. Tickets to such events for Silver Tier Members may require purchase of a ticket and is subject to the specific terms and conditions of such an event, as well as availability. TodayTix Moments may include invites to and attendance at meet and greets, cast talkbacks and exclusive interviews.

4. ADDITIONAL TERMS OF PARTICIPATION IN THE LOYALTY PROGRAM

(4.1) Monitoring Membership Accounts. The Company reserves the right to monitor the Accounts of all Members, at any time and without notice, for compliance with Program Rules. The Company may review all Members’ TixCash, Qualifying Tickets, and transaction history including, without limitation, requests for Loyalty Program Benefits, Benefits and other benefits.

(4.2) Adjustments.

(a) Missing Qualified Purchases. A Member may request credits for Qualifying Tickets which are not reflected on such Member’s Account by contacting Member Support.

(b) Timing of Requests. All requests under this Section 4.2 must be received within one (1) year of the applicable Qualifying Ticket transaction to receive any credit.

(c) Perks Credit. Any Perks credit associated with a Member Account as of the date of launch of the Loyalty Program will automatically be converted into TixCash at a 1:1 ratio. If any Perks credit of a Member is converted into TixCash, any TixCash which would otherwise be earned by such Member for attainment of specific Membership Status (such as for attaining Red Tier or Silver Tier) may be offset or reduced by the amount of any Perks credit converted into TixCash.

(4.3) Correction of Benefits. At any time and in the Company’s sole discretion (including, without limitation, where a Member was not eligible to earn a specific benefit pursuant to these Program Rules), the Company may correct (i) the amount of TixCash or the number of Qualifying Purchases credited to a Member’s Account, and (ii) any other benefit that has been credited to a Member’s Account, including, without limitation, any Membership Status. The Company also reserves the right, in its sole discretion, to prevent, cancel, or reconcile any transaction where the Loyalty Program suspects there has been fraudulent activity connected with the transaction.

(4.4) Taxes. TixCash, Benefits, and other Member benefits may be subject to income or other taxes. The Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which the Member earned TixCash. The Company will not be liable for any tax liability, duty or other charges in connection with the issuance of TixCash, Benefits, and other Member benefits.

(4.5) No Warranties or Representations, Express or Implied. The Company makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program.

(4.6) Operation of the Loyalty Program. The Company administers the Loyalty Program. The Company promotes the Loyalty Program including, by creating and launching marketing campaigns, developing and maintaining the Loyalty Program’s page(s) and managing partner relationships.

(4.7) Not Responsible for Acts, Errors, or Omissions. The Company is not responsible for: (a) any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests, Benefits or Member benefits; (b) theft or unauthorized redemption of TixCash or Benefits or use of an Award; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Loyalty Program, including any pricing or typographical errors, errors of description, and Loyalty Program affiliates, and errors in the crediting or debiting of TixCash or other Benefits from Member Accounts. The Company reserves the right to correct, without notice, any errors.

(4.8) Interpretation of Loyalty Program Rules. All interpretations of these Loyalty Program Rules regarding membership are at the Company’s sole discretion, and the Company’s decisions will be final. Unless otherwise stated, the terms and conditions of the Program Rules in effect at the time of a Member’s purchase or request for a benefit will govern the transaction. All references to dollar ($) amounts refer to United States Dollars and all references to pounds (£) refer to British Pounds. Unless otherwise expressly specified in these Loyalty Program Rules: (i) the words “hereof”, “hereby”, “herein” and “hereunder,” and correlative words, refer to these Loyalty Program Rules as a whole and not any particular provision; (ii) the words “include”, “includes” and “including”, and correlative words, are deemed to be followed by the phrase “without limitation”; (iii) the word “or” is not exclusive and is deemed to have the meaning “and/or”; (iv) words using the singular or plural number shall also include the plural or singular number, respectively; (v) the masculine, feminine or neuter form of a word includes the other forms of such word and the singular form of a word includes the plural form of such word; and (vi) references to a party shall include their permitted successors and assigns thereof .

(4.9) Trademarks. The Company is the sole and exclusive owner or licensee of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of TodayTix, Inc. and its affiliates. Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.

(4.10) Waiver. The Company’s waiver of any breach of these Loyalty Program Rules by any Member will not constitute a waiver of any other prior or subsequent breach of these Program Rules. The Company’s failure to insist upon strict compliance with these Loyalty Program Rules by any Member will not be deemed a waiver of any rights or remedies the Company may have against that or any other Member. The Company may waive compliance with these Program Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members.

(4.11) Limitation of Liability. IN NO EVENT WILL TODAYTIX, INC., ITS SUBSIDIARIES AND AFFILIATES, ITS EMPLOYEES OR AGENTS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE LOYALTY PROGRAM, THESE PROGRAM RULES, OR THE COMPANY’S OPERATION OF THE LOYALTY PROGRAM.

(4.12) Choice of Law and Venue. Any disputes arising out of or related to the Loyalty Program or these Program Rules will be handled individually without any class action, and will be governed by, construed and enforced in accordance with the laws of the State of New York, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any claim or action arising out of or relating to the Loyalty Program or the Program Rules may be filed only in the state or federal courts located in the State of New York, United States.

(4.13) Subject to Law. Membership in the Loyalty Program and the earning and redeeming of TixCash are subject to all applicable local laws and regulations. Membership in the Loyalty Program, Benefits, and any other Member benefits are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States or Member’s jurisdiction of residence. If any part of these Loyalty Program Rules is held to be unlawful or unenforceable, that part will be deemed deleted from these Program Rules in such jurisdiction and the remaining provisions will remain in force.

(4.14) Entire Agreement. The Loyalty Program Rules, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and any and all Members relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Digital Properties or the Application.

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