Last Modified: March 6, 2017
PLEASE NOTE THAT SECTION 18 CONTAINS AN AGREEMENT TO ARBITRATE (“ARBITRATION AGREEMENT”) WHICH, WITH LIMITED EXCEPTIONS, REQUIRES YOU TO SUBMIT ANY CLAIMS YOU HAVE AGAINST Sightsy TO FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT. UNLESS YOU OPT OUT, (a) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST Sightsy ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (b) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Notwithstanding the foregoing, if we make any change to the Arbitration Agreement in Section 18 below, such change shall not apply to any claim that was filed in a legal proceeding between you and Sightsy prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Arbitration Agreement that have arisen or may arise between you and Sightsy. We will notify you of any changes to the Arbitration Agreement by posting the revised terms on the Site at least 30 days before the effective date of the changes and/or by sending notice via email to your email address on file with us. If you do not agree to the revised terms, you may close your account within the 30-day period and you will not be bound by the revised terms.
If you download an Application, you further agree not to:
Ownership. The Services and Content are owned by Sightsy or its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site and/or an Application are registered and unregistered marks of Sightsy and its licensors. Applications are licensed, not sold, to you. You acknowledge and agree that, as between you and Sightsy, Sightsy is and shall remain the sole owner of the Services and the Content (except for your User Content, as defined in Section 5.1 below), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
Account Registration and Security. Access to and use of certain Services may require you to register for an account (“Account”). You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your Account information, including your username and password. You agree to immediately notify Sightsy of any unauthorized use of your Account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
5.1. User Content and Restrictions. The Services may enable you to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) ideas, information, materials, reviews, and other user-generated content (“User Content”) and interact with others through user comment areas, message boards, and similar user-to-user areas. You may not post any User Content that:
5.2. Rights You Grant to Us. You hereby grant to Sightsy an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you.
5.3. No Responsibility. You agree that you are solely responsible for your User Content, and that you have the right to post any User Content that you post on or through the Services. You acknowledge and agree that Sightsy is not responsible for, and does not endorse, any User Content.
5.4. No Obligation to Prescreen, Monitor or Use. Sightsy does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, Sightsy retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.
6.1. Purchasing Tickets. Sightsy sells tickets, vouchers, and similar products (“Tickets”) on behalf of sports arenas, music venues, teams, and other venues and providers of events (“Event Providers”), which means we do not determine seating locations or control Ticket inventory or availability. Sightsy is in no way affiliated with any Event Provider for which it sells Tickets. You are responsible for reading the complete listing for a Ticket before making a commitment to purchase the Ticket. When placing an order for a Ticket, you are entering into a binding contract with the Event Provider to purchase that Ticket. Payment is remitted to Sightsy and disbursed to the Event Provider. EXCEPT AS SET FORTH IN SECTION 6.6 BELOW, Sightsy DOES NOT PROVIDE REFUNDS OR PERMIT CANCELLATIONS OR EXCHANGES. REFUND POLICIES VARY BY EVENT PROVIDER AND EVENT, AND YOU MUST CONTACT THE EVENT PROVIDER DIRECTLY TO RECEIVE A REFUND IF PERMITTED.
6.2. Pricing. Event Providers set Ticket prices. If you purchase Tickets, you agree to pay, in addition to the price for the Tickets, any other fees and charges that may be imposed, such as convenience fees, processing fees, and other fees. You also agree to pay any applicable taxes, including, but not limited to, any applicable admissions tax. If the amount you pay for a Ticket is incorrect, whether due to an error in a price posted on the Site or otherwise, we have the right to cancel your order for that Ticket and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
6.4. Ticket Delivery. Tickets will be emailed after you place your order. Sightsy STRONGLY RECOMMENDS THAT YOU PRINT YOUR TICKETS, AS EVENT PROVIDERS MAY REQUIRE YOU TO PRESENT A PRINTED TICKET IN ORDER TO GAIN ENTRY INTO OR PARTICIPATE IN AN EVENT.
6.5. Event Provider Terms and Conditions. By purchasing Tickets to an event, you agree to be bound by the terms and conditions and other rules of the Event Provider and the applicable venue and/or event. We recommend that you review the terms and conditions and other rules of each event and venue to which you hold Tickets, as may be available on the Services or directly from the Event Provider.
6.6. Rescheduled/Cancelled Events. Event details such as date, time, and venue may change, and we are not always notified if an event is postponed, rescheduled, canceled, or otherwise changed. It is your responsibility to monitor the event and to confirm any changes with the Event Provider. If you hold a Ticket that was resold to you by Sightsy™ and the event is cancelled, we will provide a full refund for the amount paid for the Ticket and any related fees. Sightsy WILL NOT PROVIDE A REFUND FOR ANY TICKET TO ANY EVENT THAT IS POSTPONED OR RESCHEDULED. If you hold a Ticket to an event that is postponed or rescheduled, you should contact the Event Provider directly to obtain information regarding the Event Provider’s refund policy. Refund policies vary by Event Provider and event; by purchasing a Ticket, you agree to the applicable refund policy of the associated Event Provider.
Electronic Communications. The communications between you and Sightsy via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Changes, Suspension and Termination. Sightsy reserves the right to make changes to, suspend or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Sightsy will not be liable to you or to any third party for any such change, suspension, or discontinuance.
Disclaimer. THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND Sightsy HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER Sightsy NOR ANY PERSON ASSOCIATED WITH Sightsy MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER Sightsy NOR ANYONE ASSOCIATED WITH Sightsy REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Limitations of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Sightsy OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, INCLUDING FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (a) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (b) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS, OR OTHER HARMFUL COMPONENTS WHICH MAY BE TRANSMITTED THROUGH THE SERVICES; OR (c) ANY LOST, STOLEN, OR DAMAGED TICKETS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Copyright Infringement. Sightsy takes claims of copyright infringement seriously. It is Sightsy’s policy to disable and/or terminate the accounts of users who are repeat infringers. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site or an Application infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:
Our designated agent to receive DMCA notices is:
Gregory Livingston, Esq.
c/o Sierra Nevada Corporation
444 Salomon Circle
Sparks, NV 89434
*NOTE: This contact information is for inquiries regarding potential copyright infringement only. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site or an Application is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Third Party Materials. The Services may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (“Third Party Materials”). You acknowledge and agree that Sightsy is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality or any other aspect thereof. Sightsy does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Third Party Platforms. We may provide the Services to you through third party websites, operating systems, platforms, and portals, including social networking sites (collectively, “Third Party Platforms”). Additional terms and conditions will apply to you with respect to your use of Third Party Platforms, which are not under Sightsy's control. Sightsy does not assume any responsibility or liability for your use of such Third Party Platforms.
U.S. Export Controls. The Applications may be subject to United States export laws, including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release any Application to, or make any Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making any Application available outside the United States.
This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”), including its procedural provisions, in all respects.
18.1. Prohibition of Class Actions and Non-Individualized Relief. YOU AND Sightsy AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Sightsy AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. IN ADDITION, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). YOU HEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void and neither of us will be entitled to arbitrate our dispute.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Sightsy, LLC., ATTN: Legal Department, c/o Sierra Nevada Corporation, 444 Salomon Circle, Sparks, NV 89434. You may download the forms located at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.doc. In the event we initiate arbitration against you, we will send a copy of our arbitration notice to the physical address we have on file associated with your Account. It is your responsibility to keep your Account information up to date.
The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com/rules-clauses or by calling 1-800-352-5267. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys’ fees. In the event the arbitrator determines the claims you assert in the arbitration are frivolous, you agree to reimburse Sightsy for all fees associated with the arbitration paid by Sightsy on your behalf that you otherwise would be obligated to pay under JAMS’s rules. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Sightsy may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Sightsy subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
19.1. Geographic Restrictions. Sightsy is based in the State of Virginia in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
3076 Centreville Road
Herndon, VA 20171