Website Terms Of Use
last updated on January 1, 2018
If you do not agree to the Terms of Use, discontinue using the site immediately!
By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.
Restrictions on Use of Materials
Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of 561TODAY.COM( www.561TODAY.COM) or of other owners used with their permission.
Database Ownership, License, and Use
561TODAY.COM( www.561TODAY.COM)warrants, and you accept, that 561TODAY.COM( www.561TODAY.COM) is the owner of the copyright of the Databases of Links to articles and resources available from time to time through 561TODAY.COM( www.561TODAY.COM). 561TODAY.COM( www.561TODAY.COM)and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.
561TODAY.COM( www.561TODAY.COM)grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions.
The database(s) may be used only for viewing information or for extracting information to the extent described below.
You agree to use information obtained from 561TODAY.COM( www.561TODAY.COM) databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.
Liability
The materials in this site are provided and without warranties of any kind either express, or implied. 561TODAY.COM( www.561TODAY.COM) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. 561TODAY.COM( www.561TODAY.COM) does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
561TODAY.COM( www.561TODAY.COM) does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not 561TODAY.COM( www.561TODAY.COM) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall 561TODAY.COM( www.561TODAY.COM) be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if 561TODAY.COM( www.561TODAY.COM) or a 561TODAY.COM( www.561TODAY.COM) authorized representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall 561TODAY.COM( www.561TODAY.COM) total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard.
The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to 561TODAY.COM( www.561TODAY.COM) and such information should not be relied upon as all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk.
Links to other websites or references to products, services or publications other than those of 561TODAY.COM( www.561TODAY.COM) and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by 561TODAY.COM( www.561TODAY.COM)or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of 561TODAY.COM( www.561TODAY.COM)or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted.
Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from 561TODAY.COM( www.561TODAY.COM), and all information to which you have access through password-protected areas of 561TODAY.COM( www.561TODAY.COM) websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Miscellaneous Legal
These Terms of Use will apply to every access to 561TODAY.COM( www.561TODAY.COM). 561TODAY.COM( www.561TODAY.COM)reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from 561TODAY.COM( www.561TODAY.COM)will be a separate, discrete transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be assigned or sublet by you without 561TODAY.COM( www.561TODAY.COM) written consent in advance.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Florida, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate 561TODAY.COM( www.561TODAY.COM) and/or its affiliates intellectual property rights, 561TODAY.COM( www.561TODAY.COM) and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: West Palm Beach, FL. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Fort Lauderdale, FL, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all 561TODAY.COM( www.561TODAY.COM)site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise.
This agreement will terminate immediately without notice at 561TODAY.COM( www.561TODAY.COM)sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other 561TODAY.COM( www.561TODAY.COM)site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
Additional Ticket Purchase Policies
There’s a lot to digest here, so we’ve broken things down in two formats. First you’ll see a brief bullet-point overview followed by the full text of our policy.
Tickets may be priced and sold above face value.
All sales are final; there are no refunds, exchanges, or cancellations.
Tickets may not ship immediately, but are guaranteed to be delivered in time for the event.
Orders may be filled with equal or better tickets if the original tickets are no longer available.
If an event is postponed, your tickets will be viable for the date of the postponement (no refunds).
If an event is cancelled, you will be refunded for the ticket price, minus shipping charges.
Your order is considered a request until it is officially accepted and confirmed by the relevant ticket seller, after which our order guarantees take effect
561TODAY.COMis not responsible for lost or stolen tickets, FedEx delivery mistakes, ticket seller malfeasance, travel expenses, nor any situations caused by third parties and/or weather.
Please understand that summary above is provided solely for your convenience. Below is the actual text of our “Terms and Policies” that applies to a ticket order.
“Terms and Policies” (pertaining to Event Ticket Purchases)
General. 561TODAY.COM, herein referred to as “561TODAY.COM” or “Site,” acts as an intermediary between buyers and ticket sellers, herein referred to as “Ticket Sellers,” to facilitate the purchase and sale of event tickets and as such, is not directly involved in the actual ticket sale transaction between the buyers and ticket sellers. All sales are final.
As tickets sold through Site are often obtained through the secondary market and prices are determined by the individual Ticket Seller, the prices for tickets may be above or below face value. Tickets sold through Site are from a third party; therefore, the buyer’s name will not be printed on the tickets. Please note that the name on the tickets does not affect the buyer’s ability to access the event. The following are the rules and policies that govern use of Site by the user of the Site, herein referred to as “User.”
By using or visiting the Site, User expressly agrees to be bound by these Terms and Policies, herein referred to as “Terms,” and to follow these Terms and all applicable laws and regulations governing the Site. 561TODAY.COMreserves the right to change these Terms at any time, effective immediately upon posting on the Site. If User violates these Terms, 561TODAY.COMmay terminate User’s access to the Site, bar User from future use of the Site, cancel User’s ticket order, and/or take appropriate legal action against User.
Above Face Value. Tickets sold through Site are often obtained through secondary market Ticket Sellers and are being resold, in many cases, above the price or “face value” listed on the ticket. All ticket prices include additional service charges and handling fees as defined on each order. Site and its Ticket Sellers are not directly affiliated with any performer, sports team, or venue; and Site does not act as a primary sale box office, unless otherwise stated. By agreeing to these Terms, User agrees that the purchase price for tickets on their order does not reflect the original purchase price of the ticket and may be either higher or lower than the original purchase price.
Orders. Orders placed through Site will be fulfilled by one of the participants of our network of participating Ticket Sellers. Contact information for the Ticket Seller who fulfills User order, herein referred to as the Fulfiller, will be provided to User during the purchase process. If User loses this information User may contact infoATf561TODAY.COMto get information about the order.
All sales are final. Since tickets are a one-of-a-kind item and not replaceable, there are no refunds, exchanges or cancellations. If an event is postponed or rescheduled, tickets will be honored for the rescheduled date. New tickets will not need to be issued. If an event is cancelled without a rescheduled date, User will need to contact the Fulfiller for a refund. The Fulfiller may require the User to return the supplied tickets at User’s expense before receiving any refund User is entitled to due to cancellation. 561TODAY.COMis not responsible for providing or securing this refund for User. Any shipping and handling charges are not refundable. Refunds will be processed in the same currency as the original order. Conversion charges, including though not exhaustive of the ones issued by User’s bank, if any, are not covered by 561TODAY.COMor Fulfiller. Neither 561TODAY.COMnor the Fulfiller will issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. When User receives tickets, User should keep them in a safe place. Please note that direct sunlight or heat may damage tickets.
Ticket Availability. Site cannot guarantee ticket availability until User is in possession of User’s tickets. Generally, all ticket listings on Site are a unique set of tickets from an individual Ticket Seller. Some ticket listings on Site may only be representations of available tickets and not actual seat locations or currently available tickets. Occasionally tickets ordered may no longer be available at the price or in the quantity originally ordered at the time the order is received. If equivalent or better seat locations are available at the same price, the Fulfiller will fill the order with the alternative seat locations. If no alternates are available, either the User’s credit card will not be charged at all or the entire amount will be refunded, and User will be notified that the ticket request has been rejected.
Ticket Holder Behavior Policy. The User agrees to abide by all rules and policies of the venue where the event is located relating to conduct and behavior. Should the User be ejected from the event for failure to abide by the venue’s rules and policies, User shall be subject to all applicable fines and legal or other expenses associated with the ejection. Further, should the ejection result in the loss of the Ticket Seller’s right to use any other season tickets at that venue, or the right to purchase other tickets from that venue, User shall be held liable for all reasonable costs, expenses, and losses associated with said loss, including but not limited to all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
Fraudulent Use. In order to protect our users from fraud, a User may be required to provide additional proof of identify on any order. Proof of identity may include but is not limited to a signed credit card authorization and/or photocopies of notarized public documents such as a state driver’s license or federal passport.
Shipping. All orders are shipped via User’s chosen shipping method. Most orders are processed the same business day in which they are received. Orders placed after business hours may be processed on the next business day. For certain events, tickets may not be available for immediate shipment. In this case, a representative from the Fulfiller will contact User with notification of an approximate shipping date. Tickets will be shipped when available, and choice of an expedited delivery method does not guarantee that tickets will be shipped immediately. Shipments may require a direct signature at the point of delivery. Customers outside of the United States must choose an International Delivery option. If any other option is chosen for an order outside the United States, the shipping cost may be adjusted by the Fulfiller after the order is placed to use the appropriate International Rate.
If User specifies a shipping address that does not allow for Delivery Verification, such as a Post Office Box, User may be required to pay an additional fee to cover the additional risks associated with this type of order. If such a shipping address is used, the Fulfiller will, at their discretion, either contact User about the additional fee prior to shipping or cancel User order and notify User of such cancellation.
E-Ticket Instant Download. Electronic tickets or “e-tickets” marked as “Instant” may not be available for immediate download in all circumstances. Due to potential fraud concerns, some “Instant” e-ticket purchases may be downgraded to regular e-ticket download to allow for additional processing. In such cases, User will receive notification with User’s receipt explaining that User’s order has been downgraded to regular e-ticket download.
E-Ticket Download. Electronic tickets or “e-tickets” may not be available for immediate download. After placing an order, User will receive an email with instructions on how to download the tickets; therefore, it is important that User provides accurate email address information during the order process. User will be required to enter order specific credentials to gain access to the tickets, and User must have access to a printer from which to print the tickets. User is responsible for contacting Customer Support should User not receive the email instructions, be unable to download the tickets, or be unable to print the tickets. Neither Site nor Fulfiller will issue refunds for User’s failure to provide a correct email address or failure to print the tickets.
Will-Call Option. User must pick up the tickets at the box office of the venue approximately one hour before the scheduled start of the event. User will need to bring a government-issued ID in order to claim the tickets. Should User encounter a problem at the box office, User must contact Fulfiller for assistance.
Pricing. All prices are in United States Dollars (USD) unless otherwise specifically stated. 561TODAY.COMcannot confirm the price of an item until User order. Despite 561TODAY.COM’ best efforts, a small number of the items listed on the Site may be mispriced. If the Fulfiller discovers an item’s correct price is higher than the stated price, the Fulfiller will either complete the order at the original price, contact User to inform them of the different price with an option to purchase, or cancel User’s order and notify User of such cancellation.
Schedule of Fees and Charges. The price charged to User’s credit card beyond the price of the individual tickets shall include the following fees and charges:
Service Fee: Cost per ticket associated with Site operation, customer service center operation, and other costs associated with the fulfillment of User’s ticket request.
Delivery: Costs associated with the Delivery Method chosen by User and the Site’s arrangement of User’s ticket delivery by the Fulfiller.
Total: Entire amount charged to User, including each ticket’s price as set by the Fulfiller, Service Fee, and Delivery.
Taxes. Prices stated on the Site do not include any state or other local taxes that may apply to User’s order. Ticket Sellers may collect sales tax as is appropriate for their locality. If taxes are applicable to User’s order they will be added to User’s order as a separate charge in addition to the Total.
Credit Card Charges. User’s credit card will be charged by the Fulfiller responsible for fulfilling their order and not Site. If User has any questions about charges on User credit card statement, feel free to contact us at supportAT561TODAY.COMor to direct User question to Fulfiller responsible for completing the ticket order. The Fulfiller may charge or authorize User’s credit card in advance of confirming ticket availability. If tickets are ultimately found to be unavailable, User’s credit card will not be charged or User will receive a full refund for the charged amount.
Payment by Debit Card. In some cases, Fulfiller may attempt to authorize a debit card multiple times, creating several holds on User’s account. This often happens when a third-party credit card processing company requires additional security verification such as a CVV, Zip Code, or address, or when User’s information is incorrectly provided or mistyped. Though the Fulfiller will only clear User’s transaction once, the hold(s) will temporarily lower User’s available balance. Any hold(s) may take up to several days to clear.
Disputed Charges. User is responsible for any and all legal fees incurred by User, Fulfiller, and/or the Site associated with User’s disputed charges and chargebacks for purchases made on the Site. In no event will the Site or Fulfiller be responsible for such legal fees.
Permitted Use. User agrees that User is only authorized to visit, view and to retain a copy of pages of this Site for User’s own personal use, and that User shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for User’s personal use, unless otherwise specifically authorized by 561TODAY.COMto do so. User may not use any robot, spider, scraper, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve or in any way reproduce, circumvent, or interfere with the Site or its contents, nor may User use any automated software or computer system to search for, reserve, buy, or otherwise obtain tickets from Site. User may not submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature. The content and software on this Site is the property of 561TODAY.COMand/or its suppliers and is protected by U.S. and international copyright laws.
Links. The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. 561TODAY.COMhas no control over these sites or the content within them. 561TODAY.COMcannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. 561TODAY.COMdoes not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact User’s computer systems. By using the Site to search for or link to another site, User agrees and understands that User may not make any claim against 561TODAY.COMfor any damages or losses, whatsoever, resulting from use of the Site to obtain search results or to link to another site. If User experiences a problem with a link from the Site, please notify us at infoAT561TODAY.COMand we will investigate User’s claim and take any actions we deem appropriate in our sole discretion.
Violation of the Terms. 561TODAY.COM, in its sole discretion, and without prior notice, may terminate User’s access to the Site, cancel User’s ticket order or exercise any other remedy available to it. User agrees that monetary damages may not provide a sufficient remedy to 561TODAY.COMfor violations of these terms and conditions and User consents to injunctive or other equitable relief for such violations. 561TODAY.COMis not required to provide any refund to User if User is terminated as a user of this Site.
Intellectual Property Policy. All text, graphics, files, applets, scripts, software and other works on the Site are the copyrighted works of 561TODAY.COM. Any unauthorized redistribution or reproduction of any copyrighted materials on the Site is strictly prohibited. 561TODAY.COM, 561TODAY.COMand www.561TODAY.COMare protected marks of 561TODAY.COM. All rights, including those not explicitly stated in these policies, are expressly reserved.
561TODAY.COMreserves the right to terminate the privileges of any User who uses this Site to unlawfully transmit or receive copyrighted material without a license or express consent, valid defense or fair use exemption to do so. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the User that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing Users’ rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a User’s rights to use or access to the Site prior to that time if we believe that the alleged infringement has occurred.
Disclaimers. 561TODAY.COMMAKES NO ASSURANCES THAT THE Site WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT, SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. 561TODAY.COMMAKES NO ASSURANCES THAT FILES USER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. 561TODAY.COMDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 561TODAY.COMWILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
561TODAY.COMDISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, 561TODAY.COMUSERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE 561TODAY.COMSERVICE OR OTHERWISE RELATED TO User USE OF THE Site AND/OR THE 561TODAY.COMSERVICE. 561TODAY.COMIS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET SELLER, VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Indemnity. User agrees to indemnify and hold 561TODAY.COM, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Site, including also User’s use of the Site to provide a link to another site or to upload content or other information to the Site.
Limitation on Liability. User acknowledges that 561TODAY.COMis a venue allowing people to buy and sell tickets to concert, sporting and entertainment events. 561TODAY.COMis not involved in the actual transaction between buyers and sellers. While 561TODAY.COMmay help facilitate the resolution of disputes, 561TODAY.COMhas no control over the content of the tickets listed on Site, the truth or accuracy of such listings, the ability of the Fulfiller to sell tickets, or that User and Fulfiller will actually complete a transaction. Regardless of this provision, if 561TODAY.COMis found to be liable, 561TODAY.COM’s liability to User or any third party is limited to the greater of (a) any amounts due under 561TODAY.COM’s limited guarantee when applicable, (b) the amount of fees in dispute not to exceed the total fees of the transaction, or (c) $100.
Except in jurisdictions where such provisions are restricted, in no event will 561TODAY.COMbe liable to User for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if 561TODAY.COMhas been advised of the possibility of such damages. User further agrees that the maximum available remedy on any successful claim is the greater of the choices listed in the paragraph above. Some jurisdictions do not allow the disclaimer of warranties or the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to User.
Governing Law. User agrees that any controversy or claim arising out of or relating to the use of 561TODAY.COMor the Site will be governed by the laws of the State of Florida without regard to its conflict of law provisions. User agrees to personal jurisdiction by venue in the state and federal courts of the State of Florida, Broward County.
Arbitration and Dispute Resolution. Any controversy or claim arising out of or relating to the use of the Site, or any alleged breach of these policies, shall be resolved through binding arbitration in the jurisdiction of 561TODAY.COM’s headquarters, Palm Beach County, Florida, and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. 561TODAY.COMwill pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above for claims for $10,000 or less. If, however, the arbitrator finds that either the substance of User’s claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by applicable American Arbitration Association Rules. In such case, User agrees to reimburse 561TODAY.COMfor all monies previously disbursed by 561TODAY.COMthat are otherwise User’s obligation to pay under the American Arbitration Association Rules. In addition, if User initiates an arbitration in which User seeks more than $10,000 in damages, the payment of these fees will be governed by the American Arbitration Association Rules. 561TODAY.COMand User agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. 561TODAY.COMand User shall both participate in the selection of an arbitrator. Any award issued through arbitration is enforceable in any court of competent jurisdiction.
IF USER DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, USER MUST NOTIFY 561TODAY.COMIN WRITING WITHIN 30 DAYS OF THE DATE THAT USER PLACES AN ORDER ON SITE. USER’S WRITTEN NOTIFICATION TO SITE MUST INCLUDE USER’S NAME, ADDRESS AND ORDER NUMBER AS WELL AS A CLEAR STATEMENT THAT USER DOES NOT WISH TO RESOLVE DISPUTES WITH 561TODAY.COMTHROUGH ARBITRATION. WRITTEN NOTIFICATION SHOULD BE E-MAILED TO: 561TODAY.COM, Attn: Legal Department/Arbitration,infoAT561TODAY.COM.
Any arbitration or trial by a judge of any claim will take place on an individual basis without resort to any form of class or representative action (“Class Action Waiver”). Regardless of anything else in this Arbitration Provision, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. User and Site acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties’ agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. User AND Site ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.
All claims brought by User against Site must be resolved in accordance with this Arbitration and Dispute Resolution Section. All claims filed or brought contrary to this Arbitration and Dispute Resolution Section shall be considered improperly filed. Should User improperly file a claim, Site may recover attorneys’ fees and costs up to $1,000USD from User, provided that Site has notified User in writing of the improperly filed claim, and User fails to promptly withdraw the claim after User receives notice of improper filing from Site.
Events in Illinois. Pursuant to 815 ILCS 414/1.5(c)(5), complaints involving tickets to events in Illinois may be resolved through binding arbitration and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. User and Fulfiller agree to submit to the jurisdiction of the State of Illinois for such complaints.
Force Majeure. 561TODAY.COMshall not be deemed in default or otherwise liable under these rules and policies due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, cyber-terrorism, embargo, war, act of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under 561TODAY.COM’s control (hereinafter all of the foregoing is collectively referred to as “Force Majeure”). Notwithstanding the foregoing, 561TODAY.COMshall be permitted to terminate this Agreement with or without notice to the User in the event that 561TODAY.COMis prevented from performing hereunder due to “Force Majeure.”
Registration. Certain areas of the Site are provided solely to registered Users of the Site. Any User registering for such access agrees to provide true and accurate information during the registration process. 561TODAY.COMreserves the right to terminate the access of Users should 561TODAY.COMknow, or have reasonable grounds to suspect that a User has entered false or misleading information during the registration process. ALL REGISTERED USERS MUST BE OVER EIGHTEEN (18) YEARS OF AGE. Children under the age of eighteen (18) shall not be permitted to register. 561TODAY.COMtakes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, we do not assume any responsibility for any misrepresentations regarding User age or parental consent when using the Site. 561TODAY.COMreserves the right to require valid credit card information as proof of legal age.
User Account. User will select a username and password as part of the registration process. All User account pages are protected with Secure Socket Layer (SSL) encryption. User is fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify 561TODAY.COMat infoAT561TODAY.COMshould User know, or have reasonable grounds to suspect, that the username or password have been compromised. 561TODAY.COMshall not be responsible for User’s failure to abide by this paragraph. 561TODAY.COMmay, in its sole discretion, terminate the User’s account for any reason. Under no circumstances shall 561TODAY.COMbe liable to any User or third party for termination of a User’s account.
Third Party Advertisers. 561TODAY.COMmay allow third party advertisers to advertise on the Site. 561TODAY.COMundertakes no responsibility for User’s dealings with, including any on-line or other purchases from, any third party advertisers. 561TODAY.COMshall not be responsible for any loss or damage incurred by User in its dealings with third party advertisers.
Privacy Policy. This privacy policy, herein referred to as the Privacy Policy, covers 561TODAY.COM’s treatment of personal or personally identifiable information, herein referred to as Personal Information, that may be collected when User is on the Site and when User uses 561TODAY.COMservices. This Privacy Policy does not apply to the practices of companies or individuals that 561TODAY.COMdoes not own or exercise supervisory control over, or to third party advertisers on the Site. User can browse Site without revealing User’s personal information, but in order to take advantage of most of 561TODAY.COM’s services, User must give personal information. By providing personal information, User expressly consents to the collection, use, disclosure and retention of User’s personal information as described in this Privacy Policy.
This Privacy Policy discloses the privacy practices here.
Information Collection, Use, and Sharing. 561TODAY.COMand Fulfiller are the sole users of the information collected on this Site. 561TODAY.COMonly has access to or collects information that User voluntarily gives 561TODAY.COMvia email or other direct contact from User such as requesting or purchasing tickets from a Fulfiller. 561TODAY.COMmay also share User’s information with affiliated companies of 561TODAY.COMto provide joint content and services and to market the products and services of such entities. 561TODAY.COMmay sell User’s personal information to non-financial organizations, such as companies engaged in direct marketing and the selling of consumer products and services.
We will use User information to respond to User regarding the reason User contacted us. We will not share User information with any third party outside of our organization, other than as necessary to fulfill User request, e.g. to ship an order, or, in some instances, to partner with another company to provide certain content, programs and services such as those disclosed in the previous paragraph. In those cases, we will require our third party agents to maintain the confidentiality of the data. In those situations, when User provides personal information, it may be sent directly to the partner company, or we may share the information with our partner company. Unless User asks us not to, we may contact User in the future to tell User about specials, new products or services, or changes to this privacy policy.
In Addition, 561TODAY.COMwill respond to a verified law enforcement or other governmental department request or subpoena relating to a criminal investigation, alleged illegal activity, or identity theft. In such events, 561TODAY.COMwill disclose information relevant to the investigation such as name, city, state, zip code, telephone number, email address, fraud complaints, IP address and credit card information. 561TODAY.COMmay also share such information with third parties for the purposes of investigating or preventing fraudulent activities. 561TODAY.COMmay also provide such information to merchant processors or other online ticket exchanges for the sole purpose of investigating fraudulent activities. 561TODAY.COMreserves the right to report to law enforcement agencies any activities that it believes, in good faith, to be unlawful. In the case of identity theft, User may authorize a law enforcement officer to request the records from 561TODAY.COMor User may request that 561TODAY.COMsend any records directly to a law enforcement officer.
User Access to and Control Over Information. User can do the following, at any time, by contacting us via the email address or phone number given on our website:
Opt out of any future contact from us
See what data we have about User, if any;
Change or correct any data we have about User;
Have us delete any data we have about User; and
Express any concern User has about our use of User data.
To stop receiving promotional or marketing emails or to opt-out of having User’s information sent to third parties for marketing purposes, User can follow the instructions in any promotional email User receives from 561TODAY.COM. Even if User opts out of receiving promotional or marketing emails, User will still be contacted with transactional messages including those related to customer service for the transaction.
Third Party Advertising Privacy Policy. Please note that third party vendors, including but not limited to Google, show advertisements for the Site on the internet. Third party vendors, including but not limited to Google, use first-party cookies (such as Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) to serve advertisements based on User’s prior visits to the Site and to report how our ad impressions, other use of ad services, and interactions with both are related to visits to the Site. Site uses Google Analytics’ Demographics and Interest Reporting tools to obtain information about the demographics and interests of visitors to the Site. To opt-out of Google’s use of cookies or Google Security. Site takes precautions to protect User information. When User submits sensitive information via the website, User information is protected both online and offline.
Whenever Site collects sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. User can verify this by looking for a closed lock icon at the bottom of User web browser, or looking for “https” at the beginning of the address of the web page. 561TODAY.COMis committed to not re-identifying sensitive information collected by the Site.
While Site uses encryption to protect sensitive information transmitted online, Site also protects User information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which Site stores personally identifiable information are kept in a secure environment.
Copyright Infringement Notification Should User wish to file a copyright infringement notification with 561TODAY.COM, User will need to send a written or electronic communication that includes all of the following, as based on Section 512(c)(3) of the Digital Millennium Copyright Act (DMCA):
A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has allegedly been infringed.Identification of the material that is claimed to be infringing or to be the subject of infringing activity. *Please provide the URL(s) in the body of the email or letter, as this will help Site to identify the potentially infringing material.
Contact information of the complainant.
A statement that the complainant has a good faith belief that use of the material in the manner complained of is a copyright violation.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of material that has allegedly been infringed.
Written or electronic notice of copyright infringement should be emailed to 561TODAY.COM’s designated agent at: supportAT561TODAY.COM
Please note the following:
– Under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity is infringing may be subject to liability for damages.
Service and Advertising Emails. 561TODAY.COMmay send User several service related emails to the email address given when placing an order. These include a confirmation email with details of User’s order, a pre-event email reminder about the event to be attended, and a post-event email gathering feedback on the User’s experience. When User places an order, 561TODAY.COMwill also add User to our weekly mailing list to be informed of upcoming events. User can opt out of these emails at any time.
Changes to Provisions. The foregoing rules and policies may be modified by 561TODAY.COMat any time with or without notice to User. If any provision of it is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.