TERMS OF USE AGREEMENT
Welcome to IllinoisTimesTix! Thanks for your interest! We appreciate that both customers and event organizers want a safe and transparent experience. We post both our terms of use for Event Organizers and Consumer in two sections. Please don't hesitate to reach out with any questions with the contact information below!
--------------------------------------------------------------------------------------------
EVENT ORGANIZER:
Event Organizer (ORG)
Illinois Times Tix (PORTAL)
Tickets
Prices for tickets are set by (ORG).
Purchasers of (ORG) tickets will pay a fee on each ticket sold to a (ORG) performance or event. Fees are based on the following ticket pricing:
The processing fee for each paid ticket is composed of a ticket fee and a merchant fee. The ticket fee is calculated at a rate of 4% of the ticket price plus $1.50 per paid ticket. The merchant fee is calculated at a rate of 2.5% of the total transaction. The processing fee is calculated against the purchase price of the ticket and is displayed as a single line item to the ticket buyer at checkout.
At The Door Tickets (if applicable)
Processing fees for tickets sold at the door of an event have the following pricing:
Tickets sold at the door of a performance or event will incur a flat $1.00 ticket fee per paid ticket. An additional fee for merchant processing will be charged at a rate of 2.5% of the total transaction if the purchaser pays with a credit card. At the door tickets are sold through either the Geotix admin or the Geotix mobile application.
Packages (if applicable)
Package processing fees are based on the following pricing:
The processing fee for each paid ticket package is the sum of the processing fee on each individual ticket included in the ticket package. The processing fee on each ticket is calculated against the new purchase price of each ticket within the package.
(ORG) may use a quantity of up to 5% of all tickets sold for an event as complimentary. If the 5% threshold is exceeded, (ORG) will be pay the appropriate ticket fee itemized in this contract on all tickets sold beyond the 5 percent allotted for complimentary tickets.
Non-Ticket Items (If applicable)
Non-Ticket Items include, but are not limited to, Donations, Memberships, and Gift Cards. Purchasers of non-ticket items will not be charged a processing fee. A Merchant Fee will be deducted from the payout to (ORG) for non-ticket items at a rate of 2.5% of the total transaction.
Geotix and Illinois Times Tix reserve the right to change the pricing for processing fees on Tickets, At the Door Tickets, Packages, and Non-Ticket Items at any time. Pricing for Tickets, At the Door Tickets, Packages, and Non-Ticket Items is as specified in these Terms of Service unless otherwise negotiated by Geotix, Illinois Times Tix, and (ORG).
It is the responsibility of (ORG) to ensure that all event and venue information is accurate. Illinois Times Tix will not be responsible for any errors once approval is given.
Payment to (ORG) for all credit card sales will be gross funds collected less Illinois Times Tix fees as included in this Agreement, and merchant account fees. Disbursements are issued 7 days post event by ACH deposit into the (ORG) bank account recorded in the Illinois Times Tix & Illinois Times system. Payment for Illinois Times Tix & Illinois Times cash & check box office sales (if applicable) will be monthly via check, gross funds minus agreed upon fees. For cash & check sales made through (ORG) box office (if applicable), Illinois Times Tix & Illinois Times will invoice (ORG) monthly for fees. (ORG) agrees that Forte Merchant Services on behalf of Illinois Times Tix & Illinois Times reserves the right to withdraw funds from (ORG) bank account for the purposes of customer refunds, if said refunds are permitted and approved by (ORG).
Event Cancellation
In the case of event cancellation, (ORG) will be responsible for issuing refunds per their refund/exchange or cancellation policy.
Refunds
Post payout refunds: (ORG) or (PORTAL) (with permission of ORG) will refund full amount (ticket price plus fee) to customer from the Geotix bank account and debit/net out ticket price with the next (ORG) payout.
Pre-payout refunds: (ORG) or (PORTAL) (with permission of ORG) refunds the customer, funds are sent from Geotix bank account prior to payout and no other action is necessary.
Sales and Marketing (may include)
Ticket sales 24/7 via the web on Illinoistimesitx.com.
“Buy Tickets” buttons provided for use on (ORG) website that link to the IllinioisTimesTix Ticketing System.
Website widget (ticket sales will stream into (ORG) site, available at no charge).
(ORG) may list events on the IllinioisTimesTix.com Events calendar, and upon notification, IllinioisTimesTix will insert a “buy now” button linked to the respective event on IllinioisTimes.com.
Inclusion in IllinioisTimesTix social media.
Detailed customer contact and purchasing data for use in (ORG) future marketing. Customer data collected from transactions processed for (ORG) will become part of IllinioisTimesTix’ master customer list. Customers will have the opportunity to opt out of the e-marketing list.
Mailing: If IllinioisTimesTix mails on behalf of ORG, it will be at a quoted cost prior to contract signing.
(ORG) will identify IllinioisTimesTix on their website or on other event promotional material including online & offline marketing collateral as its ticketing provider. A IllinioisTimesTix image and text linked to IllinioisTimes.com will be provided.
Mutual Indemnification
Operators and Event Organizers shall hold harmless and shall indemnify GeoTix for any claim or lawsuit by any third party related to Operator’s or Event Organizer’s breach of this Agreement.
Each Party shall defend indemnify and hold harmless the other Party, including affiliates and each of their respective officers, directors, employees, representatives, or agents, from and against all Claims of Third Parties, and all associated Losses, to the extent arising out of (a) a Party’s gross negligence or willful misconduct in performing any of its obligations under this Agreement, or (b) a material breach by a Party of any of its representations, warranties, covenants or agreements under this Agreement.
The party seeking indemnification must notify the other party promptly in writing, not later than 30 days after the party seeking indemnification receives notice of the claim (or sooner if required by applicable law).
Termination
(ORG) may terminate at any time. In the case that GeoTix & PN dissolve relationship, (ORG) may choose to stay with GeoTix and can execute with applicable partners.
Exclusivity
By posting an event, (ORG) is making PN their exclusive online ticket seller, ensuring that for events utilizing PN, ticket sales go through the online ticketing system.
--------------------------------------------------------------------------------------------
CONSUMER: Ticket Buyer
The illinoistimestix.com website and its associated services and content (collectively “Website”)
is owned and operated by Central Illinois Communications d/b/a Illinois Times. Illinois Times
has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties
when using the Website. If you do not agree with the terms and conditions of this Agreement, you
are expressly prohibited from using the Website and must discontinue your use immediately.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE
WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE
READ THEM CAREFULLY BEFORE MAKING A TICKET REQUEST.
ILLINOIS TIMES MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE
AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE
THE WEBSITE OR THIS AGREEMENT. IN THE EVENT ILLINOIS TIMES MODIFIES, LIMITS,
CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE
WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT
CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION,
CHANGE, OR REPLACEMENT.
1. About the Site
Illinois Times provides a safe, secure service for event ticket buyers and organizations who put
on events. The Website and related services are powered by GeoTix software and allow
organizations to have targeted promotion and sales of their event tickets. Illinois Times provides
consumers access to information and event tickets listed by pre-qualified, legitimate
organizations. The tickets offered through the Website are owned, listed for sale, and fulfilled by
the respective ticket merchant organizations. Illinois Times does not hold any ticket inventory,
but acts as a safe, secure ticket marketplace for buyers and sellers.
You must be at least twenty-one (21) years of age to purchase a ticket to an event that serves
alcoholic beverages. You understand that Illinois Times is not obligated to provide any
maintenance, technical or other support for the Website.
2. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and
to adhere to its terms and conditions. You warrant that you are not prohibited from assenting to
this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Illinois Times and the
Website is accurate and valid. You agree to comply in good faith with the terms of this
Agreement.
Given the global nature of the Internet, you agree to comply with all laws and rules where you
reside or where you use the Website. The Website is operated in the United States and Illinois
Times makes no representation that its Website or services are appropriate, lawful, or available
for use in other locations. Illinois Times does not offer the Website where prohibited by law.
Illinois Times guarantees that the tickets you purchase through Illinois Times will be 100%
authentic and timely delivered. If someone is sitting in your assigned seat, you warrant and agree
that it is your responsibility to ask them to move or to ask an usher to assist you.
3. Ownership of Website and License
You acknowledge and agree that Illinois Times is the owner of, or has rights in and to, the
Website and its associated content, including but not limited to all intellectual property rights
inherent therein. The Website is protected by all applicable laws, intellectual property or
otherwise, and you are expressly prohibited from using the Website for any purposes not
explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this
Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering,
crawling, reproducing, preparing derivative works of, distributing, performing publicly, or
displaying publicly the Website, whether in whole or in part, without the prior written consent of
Illinois Times.
Illinois Times hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-
assignable, and revocable license to use the Website for its customary and intended purposes.
Use of the Website for a use outside of its customary and intended purposes or in violation of the
terms of this Agreement will result in the termination of this license. Absent prior written
permission from Illinois Times, you are not permitted to reproduce, prepare derivative works,
distribute copies, perform, display, or use for commercial purposes the Website or its content.
This license is revocable at any time, and any rights not expressly granted herein are reserved to
Illinois Times.
4. Trademarks
All trademarks, common law or registered trademarks, displayed on this Website are the property
of their respective owners. Specially, all Illinois Times marks are the property of Illinois Times,
including, but not limited to Illinois Times and all Illinois Times logos. The Website, including its
look and feel, color selections, layout, and arrangement, is the trade dress of Illinois Times. You
are prohibited from using Illinois Times’ trademarks, service marks, and trade dress, or any
colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with,
connection with, or association with your goods or services without the prior written consent of
Illinois Times.
5. Account and User Registration; Ticket Transactions; Termination
Users:
To use Illinois Times’ ticket purchasing services, you must register a free Account and create a
User Profile. You can register an Account and create a User Profile through your Facebook
account or by completing the required information on the Website.
Merchant Organizations:
To use Illinois Times’ ticket purchasing services, you must register a free Account and create a
Merchant Organization Profile. Merchant organizations can register an Account and create a
Merchant Organization Profile by completing the required information on the Website, which
includes the merchant organization’s refund policy and the specific contact individual for the
merchant organization. Additional individuals can be added to a specific Merchant Organization
Profile. Merchant Organizations must also agree to the Merchant Organization Contract online by
using electronic signature or through a Illinois Times representative by using a digital (PDF) or
physical (written) contract.
Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference,
regarding the collection and use of this and other information about you. User account information
will be used consistent with the Privacy Policy. Illinois Times does not endorse you or
discriminate based upon any information provided by you or made available for population of your
profile
Users may make event ticket payments to Illinois Times on the Website or by phone. Credit card
payments are processed online through a third-party payment processor, such as Forte. Illinois
Times makes Automated Clearing House (ACH) direct deposit payments through merchant
accounts to respective merchant organizations.
Illinois Times collects service fees for each ticket transaction made through Illinois Times. The
service fee helps Illinois Times recover some of the costs associated with processing payments,
securing and shipping tickets, and other necessary costs to ensure all tickets are authentic, as
well as marketing efforts. Shipping charges are calculated based on the delivery location and
delivery method selected by the User, and only applicable if chosen as an option by the
respective Merchant Organization that the User is purchasing from.
Merchant organizations may agree on standard fee schedules online for ticket transactions when
registering for an account and creating a Merchant Organization Profile. Illinois Times reserves
the right to decide whether they will negotiate with merchant organizations regarding the standard
fee schedules. Merchant Organizations may choose to eliminate the fees associated with the
specific event ticket prices, as shown to the public, but in this case they will pay the fees from
their ticket proceeds.
All prices are listed in U.S. Dollars (USD) and are guaranteed only after (i) your credit card has
been charged and (ii) your purchase is completed. Please check your tickets carefully upon
arrival, and contact our Customer Care department at least 48 hours prior to the event if you have
not received your tickets or if you have questions regarding the tickets you received. If you have
not received a confirmation from Illinois Times that your ticket request has been finalized, you
should not assume that your ticket request will be fulfilled.
All deposits are non-refundable. If Illinois Times has provided you with a Confirmation, we have
already committed to acquiring and securing those tickets for you.
After purchasing your requested tickets from Illinois Times, your credit card will be charged and
you will receive an email communication from Illinois Times confirming your request has been
finalized, along with a receipt. In the event the physical tickets or bar code electronic ticket is not
yet available, the email confirmation will act as the ticket until the ticket is delivered. If you have
not received your tickets either through email or a physical ticket in the mail from Illinois Times
48 hours prior to the event, please call our office to check on your order. If you have chosen Will
Call, your tickets will be available at the gate or box office of your event. Orders may not be
cancelled due to problems with receipt of emails. NEVER make assumptions regarding the status
of an order due to the lack of communications from Illinois Times. Illinois Times defers entirely
to the cancellation and refund policy in place at the organization from which you purchased
tickets. Illinois Times does not determine either whether an event is cancelled or whether a
refund is issued. See the organization’s policy associated with their organization profile on Illinois
Times.
You agree that you are solely responsible for paying all applicable taxes, duties, levies, or
charges imposed by any governmental entity anywhere in the world in connection with your use
of the Website and/or purchase of services through the Website to that applicable governmental
entity.
Illinois Times may change any terms, conditions, rates, fees, expenses, or charges regarding
your use of the Website at any time. Your use of the Website shall constitute acceptance of any
changes made to this Agreement.
You agree to provide Illinois Times with accurate, up to date, and complete information. You
understand and agree that you have an ongoing duty to update your personal information if and
when it changes. You are expressly prohibited from creating an Account or User Profile that
impersonates another person or otherwise violates the rights of a third party. Illinois Times
reserves the right to restrict access to, suspend, disable, or delete your Account or User Profile at
any time, in its sole discretion, and without prior warning. You are expressly prohibited from
selling, leasing, lending, assigning, or otherwise transferring your Account or User Profile.
You agree to keep your Account secure from unauthorized access. You will log in using your
account password. You should not to reveal your password to others. You agree that you alone
are responsible for your Account and all associated User Profiles. You accept full responsibility
for any and all use of your Account, whether authorized or unauthorized. In the case of
unauthorized access to your Account, you agree to contact Illinois Times immediately. You
agree to hold harmless and indemnify Illinois Times for any damages that arise out of or in
relationship to the use of your Account. By creating an Account, you agree that Illinois Times,
and its designees and agents, may contact you by any available means, include, but not limited
to, by email.
6. Ticket Delivery; Ticket Refunds; Postponed/Cancelled Events
You may request that tickets be shipped to you. All tickets shipped will be done so via regular first
class mail. It is your responsibility to contact Illinois Times at 217-753- 2226 to request express
delivery if you deem that necessary. If you request Illinois Times use express delivery services it
is your responsibility to track your package. You agree to provide Illinois Times with a secure
delivery location. If you provide a delivery location other than your credit card billing location, you
hereby specifically agree to be responsible for that delivery and the tickets once delivered to the
address you specify. You agree not to dispute such charges. Your expected ticket arrival date is
based on the actual date Illinois Times ships the order.
Please note that refusal of the package does not constitute refusal of payment. You hereby agree
that you are responsible for all ordered tickets where an attempt has been made to deliver them
or make them available to you. You hereby agree you are responsible for all ordered tickets even
if you attempt tortious return them.
Illinois Times is not responsible for any refunds, exchanges, consignments, or cancellations. All
refunds, exchanges, and cancellations are handled directly by respective merchant organizations,
in accordance with their specific policies. If an event is postponed or rescheduled, you must
address your questions with the specific merchant organization for the specific event. Merchant
Organizations who have their own policies will list such policies on their Merchant Organization
page on the Website. In certain circumstances, Illinois Times will refund your credit card or
create an alternate ticket to a new event only if we are instructed to do so by the respective
merchant organization.
When you receive your tickets, keep them in a safe place. Tickets cannot be replaced if they are
lost, stolen, or damaged. Please note that direct sunlight and heat can damage some tickets.
7. User Generated Content
Illinois Times may provide you with the ability to submit user generated content to the Website,
which may include but is not limited to text and other content (collectively “User Generated
Content”). Except as otherwise licensed herein, you own all rights in and to your User Generated
Content. User Generated Content may be hosted, shared, and/or published as part of the
Website’s associated services. Beside the specific Merchant Account numbers, the Merchant
Account Profile is publicly available on the site for anyone to see. User Generated Content
entered into your private profile will be viewable only by Illinois Times and by the specific
Merchant Organization from which you purchased your respective event ticket. You expressly
acknowledge that Illinois Times does not guarantee any confidentiality with respect to any
submissions of your User Generated Content.
By submitting User Generated Content to the Website, you grant Illinois Times a non-exclusive,
irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content
for the customary and intended purposes of the Website and any purpose related thereto,
including, without limitation, to reproduce, prepare derivative works, distribute copies, perform,
display, research, and assess sales trends of any of the User Generated Content. These
purposes may include, but are not limited to, providing you or third parties with the Website or its
associated services, improving the Website or its associated services, and archiving or making
backups of the Website. You agree to waive all moral rights in and to your User Generated
Content across the world, whether you have or have not asserted moral rights in or to your User
Generated Content. By submitting User Generated Content to the Website, you further agree to
waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Website will not violate the
rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of
publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation,
whether local, state, provincial, national, or international.
You agree that you are solely responsible for any User Generated Content that you submit to the
Site. Illinois Times acts solely as a repository of data, and therefore makes no guarantees as to
the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content.
Illinois Times reserves the right to remove User Generated Content without prior notice and
may, at its sole discretion, remove User Generated Content that it determines, at its sole
discretion, violates the terms of this Agreement. Illinois Times also reserves the right to
terminate a user’s access to the Website for any reason, including, but not limited to, for
repeatedly infringing on the intellectual property or other rights of third parties or otherwise
violating the terms of this Agreement, or for no reason, and without prior notice.
8. Section 230 of Communications Decency Act
You acknowledge and agree that Illinois Times is an interactive computer service provider under
Section 230 of the Communications Decency Act. Though Illinois Times may edit, remove, or
control the content displayed through the Website, you agree that Illinois Times will not be
considered an information content provider and will not be held liable for the republication of
defamatory or tortious content created by third parties, whether through the Website or otherwise.
9. Third Party Links
You understand that the Website may contain links to third party websites, applications, or
services that Illinois Times does not own or control. You agree that Illinois Times will not be
held responsible or liable for the content of third party websites, applications, or services and that
Illinois Times’ inclusion of those websites, applications, or services within its Website does not
constitute Illinois Times’ endorsement of, recommendation of, or affiliation with any of those
websites, applications, or services.
10. No Endorsement
Illinois Times does not endorse or recommend any commercial product, process, or service. The
views and opinions of users, contributors, and others expressed on this Website do not
necessarily state or reflect those of Illinois Times and are not intended to be used for advertising
or product endorsement purposes.
11. User Conduct
You expressly agree that you will not use the Website to violate any law, statute, ordinance,
regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and
intended purposes of the Website.
Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated
technology to access the Website; imposing a disproportionate load on the Website or its server
infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing
Illinois Times’ technological and physical security measures; impersonating another; posting or
transmitting content that threatens or encourages bodily harm or destruction of property; posting
or transmitting content that infringes upon the intellectual property rights of other users of the
Website or third parties; posting or transmitting content that is offensive, derogatory, or obscene;
posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a
phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended
to collect personal or personally identifiable information from users or third parties. If you
encounter content or witness behavior that you believe is inappropriate and violates this
Agreement, you may report it to Illinois Times by sending an email
12. Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. Illinois
Times may terminate this Agreement without liability at any time, without notice, and for any
reason, including but not limited to for your violation of a term or condition of this Agreement.
13. Disclaimer of Warranties
ILLINOIS TIMES DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING
OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES PURCHASED
THROUGH THE WEBSITE. ILLINOIS TIMES PROVIDES THE WEBSITE AND THE SERVICES
PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF
ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY.
SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF
YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
ILLINOIS TIMES WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT
POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE PROVIDED BY
ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY
CONTENT TRANSMITTED THROUGH THE WEBSITE. ILLINOISTIMES IS A SERVICE
PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED
ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. ILLINOIS TIMES RESERVES THE
RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
ILLINOIS TIMES WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER,
HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR
DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
14. Limitation of Liability
ILLINOIS TIMES WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY
DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF
OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF SERVICES
OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF
BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES,
CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU
UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT ILLINOIS TIMES CAN BE
HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF
ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL
THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO ILLINOS TIMES, YOU
AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE
PERMITTED BY LAW.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS
OR OMISSIONS. ILLINOIS TIMES IS NOT RESPONSIBLE FOR ANY SUCH
TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. ILLINOIS
TIMES IS NOT LIABLE FOR CHANGES IN EVENT DATES AND TIMES PRINTED ON THE
FACE OF THE TICKETS.
ILLINOIS TIMES IS NOT RESPONSIBLE FOR PROVIDING TRANSPORTATION OR
REIMBURSEMENT OF TRAVEL-RELATED EXPENSES UNDER ANY CIRCUMSTANCES. IN
ADDITION, ILLINOIS TIMES IS NOT RESPONSIBLE FOR ANY DELAY CAUSING YOU TO
ARRIVE LATE OR MISS YOUR EVENT FOR ANY REASON. ILLINOIS TIMES IS NOT
RESPONSIBLE FOR THE CONDITIONS OR THE ACTIONS OF THE CROWD AT ANY EVENT
NOR IS ILLINOIS TIMES RESPONSIBLE FOR ANY CHANGES MADE AT THE VENUE
INCLUDING, BUT NOT LIMITED TO, SEATING ARRANGEMENTS, STAGE SET-UP, OR
VENUE CONDITIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES.
IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF
DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL
RIGHTS UNDER THE LAW.
15. Indemnification
You agree to hold harmless, indemnify, and defend Illinois Times, its officers, employees,
agents, successors, and assigns, from and against any and all claims, demands, losses,
damages, rights, and actions of any kind, including, but not limited to, property damage,
infringement, personal injury, and death, that either directly or indirectly arise out of or are related
to your use of the Website, your use or provision of any services purchased through the Website,
your reliance upon advice provided through the Website, your submission of User Generated
Content to the Website, your violation of any term or condition of this Agreement, your violation of
any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or
international, or your violation of the rights of a third party.
Your obligation to defend Illinois Times under the terms of this Agreement will not provide you
with the right to control Illinois Times’ defense, and Illinois Times reserves the right to control
its defense and choose its counsel regardless of your contractual requirement to indemnify
Illinois Times.
16. Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations
under this Agreement. Illinois Times may assign its rights and obligations under this Agreement
at any time, including but not limited to in a sale of the Website.
17. Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of Illinois without
giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may
have against Illinois Times will be exclusively resolved through arbitration.
YOU AND ILLINOIS TIMES AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM
AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS
AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM
ILLINOIS TIMES, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY,
INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT.
ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN SPRINGFIELD AND IN
ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION
RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION
PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL
DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL
PRINCIPLES OF THE STATE OF MICHIGAN AND THE FEDERAL LAWS OF THE UNITED
STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S
REASONABLE ATTORNEYS’ FEES. YOU AND ILLINOIS TIMES AGREE THAT THE SITUS OF
THIS AGREEMENT IS IN THE STATE OF ILLINOIS. YOU AND ILLINOIS TIMES AGREE TO
SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR
ARBITRATION PROCEEDING.
Severability
If any provision of this Agreement is found to be invalid or unenforceable for any reason
whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full
force and effect.
Integration
Illinois Times hereby incorporates its Privacy Policy and its Copyright Policy into this Agreement.
This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire
agreement between the parties with respect to the use of the Website and it’s associated
services. You acknowledge and agree that any additional provisions that may appear in any
communication from you will not bind Illinois Times.
No Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have
been waived and no breach will be deemed to have been consented to unless said waiver or
consent is in writing and signed by the party to be charged.
Limitation On Actions
GeoTix shall hold harmless and shall indemnify Operator against any claim or lawsuit, other than
claims or lawsuits by any third party related to intellectual property claims related to the use of the
GeoTix Platform by Operator and attributable to GeoTix. No right of indemnity shall exist for any
claims related to Event Organizers or Ticket Purchasers.
Operators and Event Organizers shall hold harmless and shall indemnify GeoTix for any claim or
lawsuit by any third party related to Operator’s or Event Organizer’s breach of this Agreement.
The party seeking indemnification must notify the other party promptly in writing, not later than 30
days after the party seeking indemnification receives notice of the claim (or sooner if required by
applicable law).
ILLINOIS TIMES AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF
OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE
WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION
ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL
PERMANENTLY BAR ANY AND ALL RELIEF.
Reservation of Rights
All rights not expressly granted herein are reserved to Illinois Times.
Notice
Any notice required by this Agreement must be in writing, and must be mailed by certified mail
with return receipt requested to:
Illinois Times, 1240 S. Sixth Street, Springfield, Illinois 62703.
A copy of any such notice must be emailed to [email protected], but email notice
alone shall not comply with the notice requirements of this Agreement.