- The Installment Feature allows you to pay for your purchase over 4 equal consecutive installments due either every 2 weeks, or once a month for four payments, including your initial deposit payment.
- You must be over 18 years old (19 years old in Alabama or if you are a ward of the state in Nebraska) and be the authorized holder of an eligible US-issued debit/credit card to apply (see Section 5 for eligibility criteria).
- All orders are subject to approval – for example, if you have any overdue payments, the Installment Feature will not be available to you (see Section 9).
- You can make prepayments any time BEFORE the due date. Otherwise, payments will be automatically attempted on the scheduled dates from your card. If a payment is not processed on or before the due date, late fees will apply if you are enrolled in the Go Now, Pay Later option – initial $10 late fee applied the day after the due date, and a further $10 if the payment remains unpaid 10 days after the due date and every 10 days following (late fees are capped at 25% of the original order value).
- The delivery/quality of goods and all refunds is the responsibility of the retailer or venue where you make the purchase. This Includes, but is not limited to, wristbands, tickets, and passes.
- You are agreeing to resolve all disputes through BINDING ARBITRATION and WAIVING YOUR RIGHT TO BRING A CLASS ACTION (see Section 23 below)
- If you are on a Go Now, Pay Later Plan, we charge you an Installment Plan fee of 10% (the "Processing Fee ") at the time you enter into your Pay Before You Go Plan. You acknowledge and agree that the Processing Fee is fully earned upon payment and is non-refundable, including without limitation if you fail to complete your Go Now, Pay Later Plan. If you are on a Pay Before You Go Plan there are no charges at the time you enter into your Pay Before You Go plan. You acknowledge and agree that the Processing Fee is fully earned upon payment and is non-refundable, including without limitation if you fail to complete your Go Now, Pay Later Plan.
- Any Installment Plan provides for an initial payment at the time you enter into the Installment Plan and a certain number of additional payments to complete your Installment plan and receive the Passes. The percentage or amount of the initial and additional payments, and the number and due dates of the additional payments, are disclosed when you select an Installment Plan on our web site.
- YOU UNDERSTAND THAT YOU MUST MAKE EACH PAYMENT BY ITS DUE DATE IN ORDER TO COMPLETE YOUR INSTALLMENT PURCHASE AND RECEIVE THE PASSES. IF YOU FAIL TO MAKE ANY PAYMENT BY ITS DUE DATE, YOU UNDERSTAND AND AGREE THAT YOUR INSTALLMENT PLAN WILL AUTOMATICALLY TERMINATED, YOU WILL NOT RECEIVE YOUR ORDER, AND ANY TICKETS MAY BE SOLD TO OTHERS. YOU FURTHER UNDERSTAND THAT YOU WILL RECEIVE A REFUND OF ANY PAYMENTS YOU HAVE MADE PRIOR TO THE TERMINATION DATE (EXCLUDING THE PROCESSING FEE) LESS AN AMOUNT EQUAL TO 10% OF YOUR PURCHASE (UP TO $99) IF ON A GO NOW, PAY LATER PLAN AND $10 IF YOU ARE ON A PAY BEFORE YOU GO PLAN. YOU FURTHER UNDERSTAND THAT IF YOU ARE ON A INSTALLMENT PLAN AND FAIL TO MAKE ANY PAYMENT BY ITS DUE DATE, YOUR ACCOUNT WILL BE FLAGGED AND YOU WILL NO LONGER BE ABLE TO USE TIXPIRE’S SERVICES OR RECEIVE REWARDS FOR PAST OR FUTURE EVENTS.
Updated: May 9, 2019
Please read this Installment Feature Agreement (the “Agreement”) carefully. By clicking to accept this Agreement and purchasing a good or service from the Seller, you agree to be bound by this Agreement. As used in this Agreement, the term “Sites” includes any physical store of the Seller, the website of the seller, pages within this website, any equivalent mirrors, replacements, substitutes or backup websites, and pages that are associated with these websites. The headings contained in this document are for reference purposes only. You should print a copy of this Agreement for your records.
Section 1: Parties to this Agreement
This Agreement is a contract between you (“you”, “your”) and the Seller (“we”, “us”, “our”). For the avoidance of doubt, the Seller means the owner of the website or store from which you are purchasing goods or services. For a list of Sellers, please visit www.Tixpire.com/pages/partners. It sets out the terms and conditions that apply to your purchase of goods or services on the Sites using the extended repayment plan feature described in Section 7 below (the “Installment Feature”). You agree that your acceptance of these terms and conditions and use of the Installment Feature shall constitute your acceptance of this Agreement.
If you do not want to be bound by this Agreement, you must not make a purchase using the Installment Feature.
Section 2: Our Relationship
By placing an order with us using the Installment Feature, you agree to pay to us, in accordance with this Agreement, the agreed amounts on the dates outlined in your Payment Schedule (as defined below), plus any additional applicable Late Fees (as defined below) if you miss a payment to us on or before the scheduled date, as set out in Section 7 below.
Section 3: Changes to this Agreement
We may amend this Agreement from time to time. If we make any changes to this Agreement that we deem to be material, we or Tixpire will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement made available via the Tixpire website from time to time to see if it has changed. If you do not agree with the changes, do not place any further orders using the Installment Feature.
We will not change any terms and conditions for an existing order that has been accepted; the terms and conditions that will apply to an accepted order are the terms and conditions that applied at the time you made the order.
Section 4: Transfers or Assignments
You cannot transfer or assign any rights you may have under this Agreement without our prior written consent.
You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent.
We may transfer or assign this Agreement, and any rights under this Agreement, to a third party without notice to you or your consent. If, after such assignment, you desire to return goods you purchased from us, or have a complaint regarding your order, please contact us directly, as set forth in Section 14, respectively. Note that any questions or complaints regarding the Installment Feature should be directed to Tixpire.
Section 5: Eligibility Requirements
To be eligible to use the Installment Feature, you must:
- be an individual who is at least 18 years old (19 years old in Alabama or if you are a ward of the state in Nebraska);
- be a resident of the United States and reside within one of the 50 states or the District of Columbia;
- be capable of entering into a legally binding contract;
- have a valid and verifiable email address and mobile telephone number;
- provide a valid delivery address in the United States; and
- be authorized to use the Payment Method provided.
By entering into this Agreement, you represent and warrant that you are eligible to use the Installment Feature. Registration for, and use of, the Payment Plan Services shall be void where prohibited and participation in Tixpire’s Payment Plan shall only be available to online users.
Section 6: Selection of Payment Participants
Only a limited number of tickets may be available for any Payment Plan and individuals eligible to participate in the Payment Plan shall be determined on a first-come first-served basis. Tixpire may, at any time, and with or without advanced notice, increase or decrease the number of tickets available under the Payment Plan, terminate or discontinue offering the Payment Plan Service.
Section 7: Installment Feature Agreement
his Agreement provides that all Disputes (as defined below) between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED in Section 23 (“Arbitration”) below. Please review Section 23 for the details regarding your agreement to arbitrate any Disputes with us.
Section 7.1: Description of The Payment Plan
As a convenience, Tixpire is offering the option to first reserve, then later purchase Tickets to many types of events in installments and over a fixed period of times as specified and pursuant to applicable terms and conditions (known as “Pay Before You GO”). Shipping charges vary and may be higher than $14.95. When using the “Go Now, Pay Later feature”, There will also be a fee of 10% per order added to your first payment for the use of this service. The payments listed above do not include service charges, state taxes and fees. If, for any reason, any of your payments are declined, in whole or in part, then ALL OF THE FOLLOWING WILL APPLY: (i) your order and your ticket reservation will be permanently and officially cancelled, following our email notification to you of the failed payment attempt(s) and following an opportunity by you to update the credit card information on file within 10 calendar days of our initial notification(s) of such payment failure; (ii) we will retain a 10% restocking fee (not to exceed $100); (iii) the remaining portion of the initial deposits or prior payment(s) made by you shall be refunded back to the credit card on file for the payment plan order; and (iv) no other payment plan tickets may be purchased under the cancelled account. You acknowledge and agree while using the “Pay Before You Go” feature, that until ALL payments required hereunder are made in accordance with the terms and conditions set forth herein, your participation in the Payment Plan operates only as a ticket reservation and not as an actual ticket purchase. During the term of the Payment Plan, your ticket order will be reserved until final payment is made, and ONLY at such time, shall your tickets be deemed to have been officially purchased and shall then be scheduled for delivery in accordance with our standard shipping, delivery and pick-up rules, terms and conditions. While using the “Go Now, Pay Later feature your tickets are deemed purchased, and your sale is final. Using this feature requires you to make all payments thereafter.
Section 8: Description of the Installment Feature
To use the Installment Feature, including making changes to your payment method and other personal information, you must create an account with our service provider, Tixpire (your “Tixpire Account”).
The Installment Feature enables you to pay for goods or services sold through the Sites in installments. Please note that Tixpire may, in its sole discretion, set certain minimum and maximum purchase amounts to use the Installment Feature. A minimum purchase amount of $35 will apply. We may, in our discretion, apply a higher minimum purchase amount. The Installment Feature operates as follows:
First, you place your order with us, create your Tixpire Account (or elect to use an existing Tixpire Account) and identify your preferred method of payment, designating an eligible US-issued credit or debit card as your “Payment Method”. You may change your Payment Method at any time via your Tixpire Account, but you may not be able to remove existing Payment Methods until all outstanding payments associated with your Tixpire Account have been made.
Next, we or Tixpire will send you a confirmation of your order, including a payment schedule setting forth a list of payment amounts that Tixpire is entitled to receive from you and the relevant due dates of each payment (your “Payment Schedule”). Your Payment Schedule will also be available through your Tixpire Account.
As described in your Payment Schedule, Tixpire will collect four (4) equal payments (each, an “Installment Payment”) by automatically charging your Payment Method(s) 25% of the purchase price every 2 weeks or 1 month until paid in full.
Where you make your first Installment Payment at the time you place an order with us, Tixpire will collect this first Installment Payment as our limited payment collection agent. Your payment to Tixpire shall be considered the same as a payment made directly to us and your payment obligation to us for your first Installment Payment shall be extinguished upon receipt of such payment by Tixpire.
You are responsible for ensuring that you have sufficient funds via your Payment Method available to make Installment Payments on the dates specified in your Payment Schedule.
Section 9: Late Payments
There are no fees associated with using the “Pay Before You Go” Installment Feature. However, if you are using the “Go Now, Pay Later” feature and a payment is not paid prior to the Due Date as specified in your Payment Schedule, and the Installment Payment fails on the Due Date (for example, if your Payment Method is a credit or debit card that has expired or you have entered incorrect information regarding your Payment Method in your Tixpire Account), you will be responsible for the following fees (“Late Fees”):
- If an Installment payment is due in accordance with the Payment Schedule on a particular date (the “Due Date”) and is not paid, a $10.00 Late Fee will be imposed on the day immediately following the Due Date;
- Another $10.00 Late Fee will be imposed 10 days after the Due Date if the payment is still overdue.
- For the avoidance of doubt, as set forth in clauses (i) and (ii) above, a total of up to 25% of the total cost in Late Fees may generally be imposed on each Installment payment. Accordingly, a total of up to $100.00 in Late Fees may generally be imposed per order.
- However (A) the aggregate sum of Late Fees associated with a particular order will not exceed 25% of the order value at the time of purchase and (B) no partial Late Fees will be applied. Thus, lower value purchases may be subject to fewer Late Fees in the event of late payment. For example, a $100 order may only have a maximum of three $10.00 Late Fees applied because a fourth Late Fee would equal $30 and exceed 25% of the $100 order value.
- Please note that the cap on Late Fees is calculated based on your order value at the time of purchase. Subsequent refunds or discounts provided by a Seller will not affect the calculation of Late Fees that you may owe.
You authorize Tixpire to satisfy any monetary liability you owe us by (1) debiting your Payment Method at a later time or date, (2) debiting any other debit or credit card for which you have provided details, (3) offsetting the payment amount against any amounts we or Tixpire may owe to you, or (4) any other legal means.
Tixpire may, at its sole discretion, reasonably delay the application of, or waive wholly or partly, any Late Fee. If Late Fees are or may be incurred as a result of our error, please let Tixpire know, and it will waive or refund such fees, as applicable.
If you fail to make payments in accordance with your Payment Schedule, Tixpire reserves the right to limit, restrict, suspend or terminate your access to the Installment Feature in the future.
The Installment Feature is not a loan and there is no interest associated with the use of the feature.
We or Tixpire do not give any express warranty or guarantee as to the suitability, reliability or availability of the Installment Feature.
Section 10: Your Use of Tixpire Services
You promise to pay the full amount of the purchase price in four Installment Payments as set forth in Sections 7 and 8.
You agree that all information that you provide us is true, complete and accurate and you agree not to misrepresent your identity or your Tixpire Account information. You further agree to keep your Tixpire Account information up to date and accurate.
If your information, including your Payment Method information, changes, you agree to notify us immediately.
You are responsible for maintaining the security of your Tixpire Account details. If you believe your Tixpire Account may have been subject to an unauthorized transaction, account takeover or other fraudulent activity, please contact Tixpire immediately.
Section 11: Prohibited uses of the Installment Feature
You agree not to use the Installment Feature for any unlawful or fraudulent activity and to immediately contact us if you believe that your Payment Method may be subject to an unauthorized transaction, account takeover or other type of fraudulent activity or security breach. By using the Installment Feature, you agree that you will not do any of the following:
- Engage in any activities related to the Installment Feature that are contrary to any applicable law or regulation or the terms of any agreement you may have with us or Tixpire;
- Provide false, inaccurate or misleading information to us or Tixpire;
- Provide information belonging to any person other than yourself;
- Use a Tixpire Account that belongs to another person for yourself or on behalf of another person
- Use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Installment Feature or to surreptitiously intercept or expropriate any system, data or personal information from the Installment Feature;
- Breach this Agreement or any other agreement or policy that you have agreed to with us, Tixpire or others;
- Use the Installment Feature to accomplish a cash advance;
- Take any action that imposes an unreasonable or disproportionately large load on our or Tixpire’s infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique; or
- Commit unauthorized use of the Sites and our or Tixpire’s systems, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to the Site
- Open or use multiple Tixpire accounts.
You may request to close your Tixpire Account by contacting Tixpire directly. You may only request to close your Tixpire Account if:
- All amounts owing by you (including any Late Fees) have been paid in full; and
- no disputes or refunds are in progress.
Tixpire may close your Tixpire Account for any reason, upon giving you at least 90 days’ notice. This Agreement will continue to apply to any orders accepted prior to such closure until all amounts owing are received in full (including any Late Fees).
Except as otherwise stated, this Agreement will be terminated once your Tixpire Account is closed. However, you will remain liable for all outstanding obligations related to the Tixpire Account even after it has been closed.
Section 12: Transaction Information
ALL SALES ARE FINAL AND NON-TRANSFERABLE, NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH.
All inquiries relating to either Payment Plan transactions as processed by Tixpire or to your participation in the Payment Plan must be directed to Tixpire for handling. Tixpire can be contacted using the below information:
Austin, TX 78756
9:00am-12:00am (EST Monday-Thursday)
9:00am-9:00pm (EST Friday)
Section 13: Automatic Payment Authorization: You authorize us to automatically charge to the payment card number and expiration date and other payment method information you provided (collectively, the "Payment Method") the Processing Fee and the amount of each payment under your Installment Plan on or about the due date thereof. Each charge will be processed in U.S. Dollars and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate. Because of the consequences of failure to make a payment on time discussed above, you agree that you are responsible for notifying us immediately of any change in your Payment Method, including without limitation if your payment card number or expiration date changes or if your payment card is lost or stolen and replaced with a new payment card. You agree to update your Payment Method by logging onto your account with Tixpire.
You agree to make Installment Payments in accordance with your Payment Schedule. You may make early payments through your Tixpire Account. You hereby expressly consent to, authorize and instruct Tixpire to (a) initiate recurring debit card payments from the debit card you specify in your Tixpire Account; or (b) to initiate recurring charges from your specified credit card, for the amounts, and on those scheduled dates, set out in your Payment Schedule. All Installment Payments will be automatically charged to the designated credit or debit card in accordance with your Payment Schedule. You acknowledge that you are giving Tixpire the ability to collect or reverse variable payment amounts from or to your Payment Method, in accordance with your Payment Schedule and the terms of this Agreement.
You agree to be bound by any rules that your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees charged by your financial institution associated with the Installment Payment.
You must update all changes to your credit/debit card information by logging into your Tixpire Account via Tixpire’s website (or app). If you do not update your credit/debit card information and Tixpire is unable to charge your credit card or withdraw funds from your debit card for the amount due, you will be subject to Late Fees and you may be subject to fees or charges assessed by your financial institution.
TIXPIRE SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED, except to the extent that such fees or charges arise as a result of Tixpire’s error or system failure. If any fees or charges are imposed as a result of Tixpire’s error or system failure, please provide Tixpire with a copy of the relevant records, and if Tixpire determines such error was made by them then they will reimburse you for the relevant fees or charges.
Section 14: Order Confirmation and Cancellation
All orders that you place with us that utilize the Installment Feature are subject to approval by Tixpire, in its reasonable discretion. Tixpire may choose not to provide the Installment Feature to you, suspend your Tixpire Account, close your Tixpire Account or to cancel an approved order before the goods or services are delivered or supplied, if:
- We or Tixpire reasonably considers this necessary in order to protect the integrity of its systems or the Installment Feature, prevent fraud or otherwise protect against legal, regulatory or non-payment risk;
- We or Tixpire reasonably suspects, or is aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the applicable Due Date); or
- We or Tixpire otherwise reasonably consider the order to be suspicious.
We or Tixpire may choose not to provide the Installment Feature to you at any time for any reason, including but not limited to your history of transactions on our Sites, to prevent fraud or if you violate any term of this Agreement.
If we or Tixpire cancel your previously approved use of the Installment Feature:
- Tixpire will apply a full refund of any amounts you have paid (excluding any chargebacks or other fees incurred by Tixpire in relation to your payment) to your Payment Method or, if that is not possible, to any other payment source as directed by you (and approved by Tixpire), and will cancel any future payments related to that order;
- We will not be obliged to deliver the goods (or provide the services) the subject of the order, unless required to do so by law;
- You will have no obligation to make any further payments to us, or continue any other ongoing relationship with us, with respect to that order; and
- If you wish to proceed with the purchase from us, we may accept an alternative payment method in our discretion, or if required to do so by law.
Section 15: Assessment and Checks
You agree to provide any information or documentation reasonably requested by us or Tixpire to verify your identity in connection with your Tixpire Account or orders.
You authorize Tixpire to make, directly or through third parties, any inquiries it considers necessary to verify your identity and assess your capability to make payments according to the Payment Schedule in relation to all orders placed using the Installment Feature.
As part of Tixpire’s approval process and assessment as to whether or not you have the means to fulfill your obligation to make future payments according to the Payment Schedule, Tixpire reserves the right, directly or through third parties, to conduct an assessment of your Payment Method. This may involve placing a certain amount of funds (the “Trial Amount”) on hold in the account linked to your Payment Method (an “Assessment Transaction”) each time you make a purchase or change your Payment Method in your Tixpire Account.
- The Trial Amount will not exceed your first Installment Payment owed for that purchase; and once Tixpire has completed its assessment, it will immediately instruct your bank to void the Assessment Transaction.
- No funds are received by us or Tixpire during this process.
- Tixpire cannot guarantee the time it takes for your bank to process both the Assessment Transaction and its voiding of the Assessment Transaction.
Section 16: Refunds (Cancellation of Pay Before You Go Only)
If you request to cancel your Pay Before You Go Plan, your order and your ticket reservation will be permanently and officially cancelled, following our email notification to you of the cancellation(s) we will retain a restocking fee equal to 10% of your purchase (not to exceed $100 ); (iii) the remaining portion of the initial deposits or prior payment(s) made by you shall be refunded back to the credit card on file for the payment plan order;
All cancellations must happen before your payment plan has been paid in full, before your tickets have been mailed or transferred, and no sooner than 30 days prior to the event date set for your purchase.
If an event is cancelled and your plans has been paid in full, refunds will be handled by the venue from which the event will be held. We or Tixpire will do everything in our power to assist in obtaining a full refund or equal compensation but make no guarantee, nor take responsibility in providing the full refund of a cancelled event.
Once the refund has been approved, the Seller will issue a refund to your debit/credit card and/or instruct Tixpire to adjust your Payment Schedule appropriately (including to reduce or cancel any future payments, if necessary). Please note, in the event of partial refunds, refund amounts are taken off the last payment/s first.
For example, if you make a $400 purchase and we approve a $250 refund, we will instruct Tixpire to cancel your third and fourth Installment Payments of $100 and amend your second Installment Payment to $50. Your new Payment Schedule would include two Installment Payments (instead of four) of $100 & $50. If you had already made two Installment Payments of $100 each, a refund of $50 would be applied to your Payment Method, and the remaining two Installment Payments would be cancelled.
Section 17: Consent to Electronic Contracting and Communications
You agree to receive the Authorization and any associated documents along with this Consent through the Tixpire website. You may refuse to agree to this Consent by not choosing “I agree to the terms and conditions” signifying that you agree to these terms. If you do not agree to this Consent, we will not be able to set up the applicable Installment Plan described above. You agree to print and/or save the Authorization.
Section 17.1: Hardware and Software Requirements
To obtain, print and save the Authorization, you must have access to a personal computer or equipment widely-used, recent-generation web browser and a printer capable of printing from your computer or equipment. Your ability to read and agree to this Consent demonstrates that you have the necessary hardware and software to receive and save the Authorization.
Upon your request, we will provide you with a paper copy of the Authorization that we have provided to you electronically. If you would like a free paper copy of the Authorization, please call us toll free at (940)447-4950 or e-mail us at email@example.com.
By choosing “I agree to the terms and conditions”, you agree to purchase the items using the Installment Plan and you agree to the Arbitration Agreement, the Authorization and the Consent to Electronic Contracting and Communications. If you do not wish to purchase items using the Installment Plan, or you do not agree to the Arbitration Agreement, the Authorization or the Consent to Electronic Contracting and Communications do not choose “I agree to the terms and conditions”. As used in the Arbitration Agreement, the Authorization and the Consent to Electronic Contracting and Communications, “we,” “our,” and “us” mean Tixpire and its successors, assigns and agents.
By choosing “I agree to the terms and conditions”, you consent to receive disclosures from us electronically through this web site under the terms set forth in this Consent. You agree that we may provide electronically any and all communications concerning your tickets and/or any Installment plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the tickets and any Installment plan but also to any ancillary agreement related to these and to any future tickets or Installment plans you may obtain through us.
To electronically receive and view and electronically save or print the Disclosures, you must have: a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software.
Prior to your purchasing the tickets, you may withdraw your consent to receipt of electronic disclosures by exiting this website. If you do this, you will not be able to purchase tickets from us. To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to us through firstname.lastname@example.org or call (940)447-4950. Include your name, address, and invoice number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you. To update any contact information we have on file for you, please call (940)447-4950.
Any withdrawal of your consent to receive records and notices electronically will be effective only after Tixpire has a reasonable period of time to process your request for withdrawal. If you withdraw your consent to receive communications electronically, we may restrict, suspend or terminate your access to the Installment Feature, restrict or close your Tixpire Account, or charge you additional fees for paper copies. If you withdraw your consent to receive communications electronically, this Agreement will continue to apply to any orders accepted prior to such closure until all amounts owing are received in full (including any Late Fees).
To ensure that we and Tixpire are able to provide communications to you electronically, you agree to notify Tixpire immediately of any change in your email address by updating your Tixpire Account or by contacting Tixpire via email.
To view and retain a copy of this Agreement and other communications from us or Tixpire, you will need a device (such as a computer or mobile phone) with a web browser and internet access and either a printer or local or cloud-based storage space. By accepting and agreeing to this Agreement electronically, you represent that (a) you have read and understand the above consent to receive records and notices electronically; (b) you satisfy the minimum hardware and software requirements specified in this Section 17.1; and (c) your consent will remain in effect until you withdraw your consent as specified above in Section 17.1.
Section 18: Short Message Service (“SMS”) Communications
As part of the Installment Feature, Tixpire may send you SMS messages. You agree to receive SMS messages to each telephone number provided by you to Tixpire regarding the Installment Feature. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages. Your consent is required to allow Tixpire to contact you. You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
If you wish to withdraw your consent to have communications provided via SMS, you may opt-out of receiving SMS from Tixpire at any time by emailing us at contact@Tixpire.com. Upon receipt of your message, Tixpire will process the request and it will be effective only after Tixpire has a reasonable period of time to process your request. If you withdraw consent, you may be prevented from using the Installment Feature in the future.
Section 19: Data Provided To Third Party Sites, Links
Tixpire’s Services, including the Payment Plan, may contain links to web sites of third-parties. By virtue of your participation in Tixpire’s Payment Plan, you may be directed to a third-party website(s) including without limitation, websites controlled and operated by independent ticket processors, merchant and on-line payment processors and administrators, or fraud detection, monitoring and management service providers (“Third Party Processors”), among others, and you acknowledge that such Third Party Processors’ sites are not under the direct or indirect control of Tixpire and that Tixpire is not, and shall not be, held responsible for the handling or processing of any information obtained from or provided by you to such Third Party Processors or for any changes or updates to such Third Party Processors’ Terms and Conditions or to their websites. You additionally acknowledge and agree that all Third Party Processors may subject you to additional terms and conditions in addition to those set forth in this Agreement. Although Tixpire and its Third Party Processors may occasionally use various ways of verifying information that you have provided, you nonetheless agree that Tixpire and its Third Party Processors shall have no liability to you arising from any incorrectly verified information as verified by us, or any Third Party Processor. You further agree that Tixpire will not be responsible or liable for any loss or damage whatsoever incurred by you as a result of any such dealings with Third Party Processors.
Section 20: Disclaimer of Warranty
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TIXPIRE PROVIDES THE SERVICES ON AN “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES. TIXPIRE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES PROVIDED ON THIS SITE OR THAT THE SERVICES PROVIDED BY THIRD PARTY PROCESSORS WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. TIXPIRE DISCLAIMS ON BEHALF OF ITSELF AND ITS THIRD-PARTY PROCESSORS ANY AND ALL LIABILITY FOR, AND NO WARRANTY IS MADE BY TIXPIRE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR ITS OVERALL USEFULNESS. IF ANY TERM OR PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID, ILLEGAL, OR OTHERWISE UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL NOT AFFECT THE OTHERWISE VALID TERMS OR PROVISIONS OR THE WHOLE OF THIS AGREEMENT. THE APPLICABLE TERMS OR PROVISIONS SHALL BE DEEMED MODIFIED TO THE EXTENT NECESSARY TO RENDER SUCH PROVISION ENFORCEABLE, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES WILL BE CONSTRUED AND ENFORCED ACCORDINGLY.
Section 21: Limitation of Damages
To the extent not prohibited by law, under no circumstances shall we, our subsidiaries, partners, or affiliates, or Tixpire’s subsidiaries, partners, or affiliates, be liable to you for: (a) personal injury or any indirect, incidental, consequential, special or exemplary damages, arising from or relating to this Agreement, the use of or inability to use an Tixpire Account, the Installment Feature, or our or your liabilities to third parties arising from any source; or (b) except as required under applicable law, any indirect, incidental, consequential, special or exemplary damages, arising from or relating to the conduct of you or anyone else in connection with the use of an Tixpire Account or the Installment Feature, including, but not limited to, damages arising from your failure to provide us or Tixpire with accurate information or a third party’s failure to correctly verify such information. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THIS SECTION MAY NOT APPLY TO YOU. You agree that if any lawsuit or court proceeding is permitted under this Agreement, the aggregate liability of us, our subsidiaries, partners, and affiliates, and Tixpire, Tixpire’s subsidiaries, partners, and affiliates to you for all claims arising out of or related to this Agreement or your use or inability to use a the Installment Feature will not (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (a) the amount you any affected order(s) giving rise to such damages, or (b) the amount of fifty U.S. dollars ($50.00). These limitations will apply even if the above stated remedy fails of its essential purpose.
IN NO EVENT WILL TIXPIRE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES PROVIDED ON THIS SITE OR SERVICES PROVIDED BY THIRD PARTY PROCESSORS, EVEN IF TIXPIRE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IT IS FURTHER AGREED BY YOU THAT UNDER NO CIRCUMSTANCES WILL TIXPIRE’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF ANY SERVICES OR THE SITE, EXCEED THE AMOUNT OF $50.00 OR ITS EQUIVALENT.
Section 22: Indemnification
You agree to indemnify, defend, covenant not to sue, and hold harmless Tixpire and each of its officers, directors, employees, principals, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs at the trial and appellate levels) directly or indirectly relating to or arising from any claim regarding (i) your use of or inability to use Tixpire’s Payment Plan, its Site or its Services, (ii) Tixpire’s discontinuation of the Payment Plan service; (iii) your violation of any terms or conditions of this Agreement or your default of any or all of the payment terms associated with the Payment Plan, or (iv) your violation of any rights of a third party, including but not limited to any negligent or willful misconduct of your employees, contractors, or agents, or a breach of any contracts or other relationships between you and third parties; (v) your violation of any applicable laws, rules or regulations unless caused solely by our gross negligence or willful misconduct; or (vi) your failure to provide and maintain true, accurate, current and complete information in your Tixpire Account, including but not limited to information regarding your Payment Method. Notwithstanding the foregoing, Tixpire further reserves the sole and exclusive right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall fully cooperate with Tixpire in asserting any available defenses.
Section 23: Arbitration
Please note that, upon your purchase of a good or service from us, this Agreement will be assigned to our service provider, Tixpire, LLC, (“Tixpire”). Once assigned, all references to “we” “us” or the “parties” will mean or include reference to Tixpire. This means that the binding arbitration and class action waiver provisions described in Section 23 (“Arbitration”) below will apply to all Disputes between you and Tixpire.
To expedite resolution and the cost of any dispute, controversy or claim between you and us related to any dispute or controversy arising from or relating to this Agreement, your use of any part of the Installment Feature or the enforcement of any provision of this Agreement (a “Dispute”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon receipt of a written notice (each, a “Notice”). Your address for such Notices is the email address you have provided in your Tixpire Account. Our address for such Notices is: Tixpire on Behalf of Seller, 4706 Shoalwood Ave. Any Notice from you must include your name, pertinent account information, a brief description of the Dispute, and your contact information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute. Any Notice from us will include pertinent account information, a brief description of the Dispute, and our contact information, so that you may evaluate the Dispute and attempt to informally resolve the Dispute. If the informal negotiations are successful, no further action is necessary.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SITE AND/OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such additional terms will be either listed in this Agreement or will be presented separately to you for your acceptance when you register to use such Services. Our Services include the following, without limitation: the processing of ticket reservations in conjunction with payment plans and payment ticket purchases (through our ticket processing partners) for upcoming events.
Tixpire may offer additional Services or may revise, cancel or discontinue offering any of the existing Services, at its sole and absolute discretion, from time to time, with or without advanced notification to you and this Agreement shall apply to all such additional or revised Services, where applicable.
Tixpire also reserves the sole and absolute right to cease offering any or all Services referenced herein at any time. Please review this Agreement carefully, including the Arbitration provision in Section 23, which describes how Disputes (as defined below) shall be resolved between us, and which specifically provides that no class actions suits shall be brought under, or otherwise relative to, this Agreement. You acknowledge and agree that this Agreement is subject to change by Tixpire in its sole and absolute discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or participation in the Services offered, after the posting of revisions by us to this Agreement, will constitute your agreement to and acceptance of such revisions.
IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, THE PARTIES AGREE THAT ANY PARTY TO THE DISPUTE MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and we may litigate in court to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
The parties agree that the following Disputes are not subject to the above provisions concerning information negotiations and binding arbitration: (1) any suit to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed; or (3) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. In addition, either party may assert claims, if they qualify, in small claims court in the State of Texas.
The parties agree that any arbitration will be limited to the Dispute between us and you individually. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS-ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by NOTIFYING US IN WRITING WITHIN 30 DAYS OF THE DATE YOU LAST PLACED AN ORDER. To opt out, you must send a written notification to us at contact@Tixpire.com, Attention: Legal, that includes (i) your Tixpire Account identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address and (vi) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver sections.
Section 24: Right to Seek Injunction
Violation of this Agreement by you shall cause Tixpire irreparable harm, and you therefore agree that Tixpire will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to, and without prejudice to, any other rights or remedies that Tixpire may have for a breach of this Agreement.
Section 25: Complaints and Disputes
If you have a complaint with us arising out of or related to the Payment Purchase Agreement or the Installment Feature, you should file a dispute through direct contact with us by following the Notice procedures set forth in Section 25 below.
If you wish to submit a complaint to Tixpire, you should do so by contacting Tixpire using the details posted on the Tixpire website or available through your Tixpire Account.
We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.
Section 26: Applicable Law and Jurisdiction
Except as expressly provided otherwise, this Agreement is governed by, and will be construed under, the laws of the State of Texas, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Judicial proceedings (other than small claims actions) that are excluded from the agreement to arbitrate in Section 23 must be brought in state or federal court in, or closest to, Austin, Texas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction there. You and we both agree to waive their right to a jury trial.
Section 27: Miscellaneous
This Agreement, which you accept upon use of the Site and/or the Services (including the Payment Plan), comprises the entire agreement between you and Tixpire regarding the use of the Site and/or the Services and which supersedes any prior agreements between you and Tixpire related to your use of the Site and/or the Services. To the extent that FAQ’s are found on the Site relative to the Services being provided hereunder, such FAQ’s are for informational purposes only and shall not be deemed to be part of this Agreement. Unless otherwise explicitly stated, this Agreement will indefinitely survive termination of your use of the Site or the Services. The failure of Tixpire to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You may terminate this Agreement by destroying all Installment Feature-related materials obtained from us and Tixpire and paying all amounts you owe (including any fees or expenses incurred or imposed by us or Tixpire) in full. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from us if, in our sole discretion, you fail to comply with any term or provision of this Agreement.
Section 28: Questions
If you have any questions, complaints or claims with respect to the Site, please contact us via the details on our Site. If you have questions, complaints or claims related to the Installment Feature or Tixpire, please contact Tixpire at email@example.com.