Draftix - Season Ticket Sharing

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Please read Draftix End
User License Agreement:
Terms and Conditions
Draftix, Inc.
End User License Agreement
This End User License Agreement ("Agreement") is a legal agreement between the individual that accepts it ("you") and Draftix, Inc. This Agreement contains the terms and conditions for use by you of the functions that the Draftix website ("Website") makes available to registered users, group administrators and group members. Immediately following the window box that displays this Agreement during User Registration are "Yes" and "No" buttons. If you do not agree to the terms of this Agreement, do not submit your User Registration page with the "Yes" button selected. You may accept this Agreement if you are a person at least eighteen (18) years of age and submit your User Registration page with the "Yes" button selected.

Changes to this Agreement 
This Agreement may be revised. You will be given an opportunity to agree to the terms of any such revision. Your agreement to the terms of the most-current version of this Agreement is required for your continued use of this Website's registered user, group administrator and group member functions. If you have not agreed to the current version of this Agreement, your use of this Website may be terminated immediately. Until such termination, your use of this Website will be governed by the Agreement version that you most recently accepted. 

About this Website 
Although certain fees for using this Website are calculated as a percentage of the dollar amount of a ticket purchase transaction, neither Draftix, Inc. nor its parents, subsidiaries, affiliates, agents, shareholders and employees ("Draftix") are a party to any ticket purchase or trade transaction between users of this Website. While this Website attempts to validate the identity of group administrators and members by confirming the validity of credit card information they submit, Draftix does not know and hereby disclaims any warranty concerning whether a Website user actually owns, controls or possesses any tickets; will complete any ticket purchase or trade transaction, including by paying for or furnishing tickets; or will otherwise conduct themselves in any way. 

Registering as a User 
To register as a Website user you must furnish your name, address, phone number, e-mail address and other information that may be personal to you. Draftix will save and use your information in accordance with the Draftix Privacy Policy, which you hereby acknowledge that you have read and understand. Upon registration, Draftix will provide you with a user name and password free of charge. Draftix is not responsible for any actions taken under your user name.

Registering as a Group Member or Administrator 
To register as an administrator or member of a group, Draftix requires that you furnish your valid credit card and other personal information. Draftix will submit your supplied information to a third party for verification and use in accordance with the Draftix Privacy Policy. There are no charges or fees for merely registering as a member or administrator. You agree to comply with the rules of this Website, this Agreement and group rules, listings and draft results. Access to member and administrator functions will terminate upon the occurrence of your group's last occurring ticketed event.

Creating a Group 
You may use this Website to find potential buyers of your tickets by creating a ticket group and acting as its administrator. Once a predetermined number of minimum members join your group, this Website will conduct a ticket draft on a set date. You may require that group members pay for tickets using either (i) the Website's payment functions ("Site Payment") or (ii) some other arrangement ("Private Payment"), such as an electronic bank transfer or an exchange of a personal check or cash. You may invite registered users to become members of your group using the Draftix invitation function. You select whether invited members use Site Payment or Private Payment. All other members must use Site Payment, which is subject to a 15% service fee (as described below in "Joining a Group"). Tickets purchased using Site Payment are covered by the Draftix Ticket Guarantee. There are no fees associated with Private Payments; however the Draftix Ticket Guarantee will not apply. 

Joining a Group 
You may become a member of a group by either accepting an invitation sent to you by the group administrator with the Draftix invitation function or, if the group is open to registered users, by using the Website�s payment functions to pay the Ticket Pre-Payment for the group and the 15% service fee. 

If you are invited to join a group and pay for your tickets using Private Payment, you will not be charged any service fee and the Draftix Ticket Guarantee will not apply. If you purchase tickets using Site Payment, the Draftix Ticket Guarantee will apply and Draftix may immediately charge your credit card the service fee and a Ticket Pre-Payment. The Ticket Pre-Payment is a portion of the cost of tickets that will be allocated to you by the group's draft. It is calculated at eighty percent (80%) of the ticket expense one group member would incur if the group's draft occurred with its predetermined minimum number of group members. The service fee is calculated as 15% of the Ticket Pre-Payment. If the Ticket Pre-Payment is greater than or less than the cost of the tickets that are actually allocated to you, Draftix will, respectively, reimburse the overpayment or charge the underpayment to your credit card. Likewise, the 15% service fee charged to your credit card will be adjusted with a reimbursement or an additional charge to your credit card based on the cost of the tickets that were actually allocated to you by the ticket draft. In any event, you will ultimately be charged no more than the cost of the tickets that were actually allocated to you by the ticket draft and the resulting service fee. 

If Draftix concludes that you used the Website or information found on the Website to directly or indirectly encourage or otherwise solicit a group's administrator to invite you to join the group, you may be required to use Site Payment for that group, whereupon the Draftix Ticket Guarantee will apply and you will be charged the regular Draftix 15% service fee and Ticket Pre-Payment. 

The Draft: 
Draft execution dates will be at least two weeks prior to the date of the group's first ticketed event. A group and its rules may not be modified or terminated after the first member joins the group. Any group that does not achieve its predetermined minimum number of members by the draft date will be cancelled and any Ticket Pre-Payment and service fee charges will be credited back to the member�s credit cards.  Draftix will notify the participants of any draft that it determines failed to execute properly, whereupon any results of the failed draft will be canceled and replaced with the results of a proper draft executed by Draftix as soon as practical.

Ticket Trading: 
A group member has access to the Website's ticket trading function until the occurrence of the group's last occurring ticketed event. You may be contacted by email so that others may offer or accept a ticket trade with you. You may only use the Website's ticket trading function to exchange tickets that were allocated by a Draftix ticket draft. Draftix will charge your credit card fifteen dollars ($15) for each trade transaction of one or more tickets you engage in using the Website's ticket trading and payment functions. The Draftix Ticket Guarantee for Ticket Trading will apply to such tickets. Accordingly, Draftix may charge your credit card any charges that apply under the section of this Agreement entitled "Draftix Ticket Guarantee for Ticket Trading" on account of Draftix's conclusion that you have failed to deliver tickets to the other member in the trade in accordance with this Agreement, including the section entitled "Your Ticket Warranty". The foregoing terms on Ticket Trading apply upon availability of Draftix�s pending Ticket Trading function.

Ticket Distribution: 
When you sell tickets via a draft using Pay on Acceptance, or trade tickets using the Website, you must distribute your tickets to the other member using the Website's shipping function no later than 5:00 PM EST the calendar day following the date the draft was executed or the trade was agreed to. The name and address information of any member that you are shipping tickets to is provided to you solely to enable you to ship the tickets to the other member. You will not use the other member's name and address information for any other purpose. The cost of the Website's standard delivery method is covered by the Pay on Acceptance Fee or the ticket trading fee, as the case may be. If you use one of the Website's expedited delivery options, you will be responsible for the delivery cost.

Draftix Ticket Guarantee for Season Ticket Drafts: 
When ticket(s) are purchased using Site Payment, Draftix will delay the administrator's receipt of the member's payment until the ticket(s) are received and accepted by the member. Draftix will monitor the tracking number of the administrator's ticket shipment to determine when the ticket shipment has been received at the member's address. As a member, you will be deemed to have accepted a ticket allocated to you unless within five (5) days after such ticket receipt you notify Draftix of a discrepancy between the ticket you received and the ticket description that was allocated to you. If the discrepancy is confirmed by Draftix Customer Service, Draftix will attempt to timely resolve the discrepancy with the administrator and member. If the discrepancy remains unresolved within a time frame reasonably set by Draftix in light of the ticketed event date, Draftix will, at the member's option, either (a) refund to the member's credit card the amount the member paid for the ticket(s) in question and the portion of the member's Pay on Acceptance Fee attributable to the ticket(s) ("Guaranteed Payment"), or (b) allow the member to apply the Guaranteed Payment towards the Ticket Pre-Payment and Pay on Acceptance Fee of another group that is open to registered users. If the second group's Ticket Pre-Payment and Pay on Acceptance Fee are cumulatively less than or greater than the Guaranteed Payment, Draftix will, respectively, refund or charge the difference to the member's credit card. If you are a group administrator that Draftix concludes failed to deliver ticket(s) to a group member in accordance with this Agreement, including the section entitled "Your Ticket Warranty", you agree that you will not receive any payment for such ticket(s). You also agree that a process and handling fee equal to 15% of the price of the ticket(s) will either be (1) charged to your credit card, or (2) deducted from any other payments that are released to you for other tickets you sell using Draftix. 

As a member, if you do not notify Draftix of a discrepancy between the ticket you received and the ticket that was allocated to you within five (5) days after the ticket shipment was received at your address, you will be deemed to have accepted the ticket, Draftix will allow the payment to the group administrator, and the Draftix Ticket Guarantee will expire for that ticket. Dissatisfaction over the results of the draft's ticket allocation is not covered by the Draftix Ticket Guarantee. 

Draftix Ticket Guarantee for Ticket Trading: 
Draftix will monitor the tracking number of a member's ticket shipment to determine when the ticket shipment has been received at the other member's address. You will be deemed to have accepted a ticket received at your address in a trade unless before the end of calendar day following the receipt date you notify Draftix of a discrepancy between the ticket you received and the ticket description that you traded for. If the discrepancy is confirmed by Draftix Customer Service in the receiving member's favor, Draftix will attempt to timely resolve the discrepancy between the aggrieved receiving member and the other member. However, if the discrepancy remains unresolved within a time frame reasonably set by Draftix in light of the ticketed event date, Draftix will charge the offending member the full face value of the tickets the aggrieved member furnished in the trade, plus any shipping costs, and reimburse this amount to the aggrieved member. 

Ticket Warranty: 
With respect to any tickets that you (i) sell to a member using the Website's draft function or (ii) trade to a member using this Website, you warrant that you possess and own or legally control the tickets, that upon their successful sale or trade you will ship them before 5:00 PM EST the next calendar day (excluding Sundays) for delivery to the address of the other member, that the tickets you ship will exactly match the description of the tickets that you described and agreed to sell or trade. You acknowledge that the validity of tickets depends in part on the location, date, time, seat assignments and content of ticketed events, which may be changed by event organizers or others, notwithstanding what the face of the ticket may say. As a user selling or trading a ticket, either as group administrator or member, you warrant that the ticket descriptions you list in your group or offer to trade to other members are accurate. You warrant that all tickets that you list for sale or trade on this Website are accurately described by you, that the tickets and/or your descriptions of the tickets are not counterfeit, inaccurate, misleading, invalid, expired or stolen, and that you will timely deliver them to the other member in accordance with the rules of this Website and this Agreement. 

Prohibited Activities: 
You shall not, or allow another to, directly or indirectly solicit, market, list, sell or buy any counterfeit, obscene, pornographic or adult materials with this Website, or use this Website unlawfully or in violation of this Agreement. You shall comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Website and selling of tickets. You shall not violate or misappropriate any third party's copyright, trademark, rights of publicity or privacy, or other right. You shall not use this Website under a false name or submit any information to this Website, or its payment or shipping functions, that is untrue, inaccurate, misleading, invalid, expired or stolen, including with respect to any credit card. You shall not submit any information or data that contains any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information. You agree to cooperate with all investigations into complaints and violations of this Agreement or any local, state, federal or international law or regulation, including providing Draftix or law enforcement with specific information regarding any ticket you attempt to sell or trade on this Website, how you obtained it, what rights you have in it and the price you paid for it. 

Draftix Action for Prohibited Activities:
Draftix may suspend or terminate your use of this Website in its sole discretion, including if (a) Draftix is unable to verify any information you provide; or (b) Draftix believes you may be engaged in conduct that violates this Agreement, the Website's rules or procedures, or any law or regulation, or may cause liability to you, this Website or its other users. You agree that payments due to you for your ticket sales made through this Website using this Website's payment function may be denied, suspended or delayed pending investigation under the Draftix Ticket Guarantee or investigation for any activity that is suspected of being in violation of this Agreement or any law or regulation. Draftix is not obligated to submit any payment to you if it has a good faith belief that the transaction for such payment is in violation of this Agreement, law or regulation. Draftix may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. 

You shall comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Website and selling value of the tickets. Draftix may access and read the e-mails you send using the Website to other Website users in order to collect usage information or monitor your compliance with this Agreement. 

You agree to indemnify Draftix and its parents, subsidiaries, affiliates, shareholders, agents and employees, against all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Draftix and such parties that arise out of any claim asserted by a third party that involves, relates to or concerns your use of this Website, including claims that relate to any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of Draftix. Draftix is not responsible in any way for the payment of taxes to any entity on your behalf.

This Agreement is personal between Draftix and you. No ownership in or right to use any user registration, group or ticket listings on this Website is transferred to you. Draftix may assign or transfer to any company or person, or grant to any company or person a license or sublicense under, all or part of its interest in any rights in this Website, this Agreement, or any right or license granted to Draftix hereunder. You may not assign, transfer or sublicense this Agreement or your rights hereunder. This Agreement is effective until terminated by Draftix. Obligations which by their nature extend beyond the term of this Agreement shall survive this Agreement's termination, including obligations concerning indemnification, cooperation with investigations and non-assertion of claims. You shall not assert against Draftix, its affiliates or authorized representatives any claim for infringement or misappropriation of any rights protectable under intellectual property law anywhere throughout the world, including rights protectable under patent, copyright, trade secret or trademark, in any way relating to this Website.

Draftix has no obligation to support or maintain the Website and grants you a right to use the Website in accordance with this Agreement "AS IS" and "AS AVAILABLE". No oral or written information or advice given by Draftix or its dealers, distributors, employees or agents shall in any way extend, modify or add to this Agreement or any warranty provided herein. 

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND ITS SERVICES, AND ANY TRANSACTIONS YOU ATTEMPT OR ENTER WITH OTHER USERS OF THIS WEBSITE. DRAFTIX DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTIES OF TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL DRAFTIX OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR (i) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF DRAFTIX OR ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, VIRUSES, OR OTHER INACCURACIES OF THE WEBSITE, OR (iii) ANY CLAIM BY ANY THIRD PARTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, DRAFTIX'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. DRAFTIX'S LIABILITY TO YOU (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED $100. 

You hereby release Draftix, Inc. and all of its parents, subsidiaries, affiliates, shareholders, employees, agents, suppliers, contractors and legal representatives from any and all settlements, damages, claims, demands and liabilities, including direct, indirect, actual and consequential, suspected and unsuspected, known and unknown, whether or disclosed and undisclosed, arising out of or in any way connected with any suit, dispute, claim or controversy that you have with any user of this Website. The California Civil Code Section 1542 requires that 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." If you reside in California, you acknowledge and agree to waive California Civil Code Section 1542. If you reside in any other state or country, you hereby waive in advance any similar laws of such other state or country. 

All notices to Draftix shall be sent to the appropriate e-mail address provided on the Website. Letter notices may be sent to Draftix, Inc. at 6214 Dunrobbin Drive, Bethesda, Maryland. All notices to you will be sent to the e-mail address you submit with your registration application. 

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Maryland, U.S.A., without regard to its provisions governing conflicts of law. Any and all controversies or claims of any nature arising out of or relating to this Agreement or the breach, termination or validity thereof, whether based on contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory (the "Claim") shall be resolved solely and exclusively by arbitration by the CPR Institute for Dispute Resolution ("CPR") in accordance with the provisions of this paragraph and the CPR Rules for Non-Administered Arbitration to the extent such rules do not conflict with this paragraph and Agreement. The Respondent's notice of defense shall be served upon the Claimant within ten (10) days after it receives the notice of arbitration (the date of receipt of notice of arbitration being "Commencement"). The arbitration shall be conducted by one (1) arbitrator. The arbitrator shall strictly limit discovery to the production of documents directly relevant to the facts alleged in the notices of arbitration and defense and, if depositions are required, each Party shall be limited to three (3) depositions of no longer than three (3) hours each. The arbitrator shall issue an order preventing the Parties, CPR and any other participants to the arbitration from disclosing to any third party any information obtained via the arbitration, including discovery documents, evidence, testimony and the award except as may be required by law. All requests for injunctive relief shall be decided by the arbitrator, provided, however, that requests for temporary injunctive relief may be submitted to a court of competent jurisdiction if the arbitrator has not yet been appointed. The arbitrator shall not limit, expand or otherwise modify the terms of this Agreement and shall not award punitive or other damages in excess of compensatory damages. Each Party shall bear its own expenses, but those related to the compensation of the arbitrator shall be borne equally. 

This Agreement constitutes the entire agreement between Draftix and you. No provision of this Agreement shall be deemed modified by any action or omission or failure to object to any action which may be inconsistent with the terms of this Agreement. No waiver of a breach committed by a Party in one instance shall constitute a waiver or license to commit or continue breaches in other or like instances. In the event that any provision of this Agreement is deemed illegal or unenforceable, this Agreement shall terminate unless both parties are able to arrive at an accommodation that preserves for the parties the benefits and obligations of the offending provision. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Draftix suppliers are third-party beneficiaries of this Agreement.
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