PACIOLAN TICKET PURCHASE POLICY
Effective Date: February 19, 2016
Who We Are Patron Solutions LLC, DBA Paciolan (“Paciolan”) acts as the ticket seller for those who are promoting or otherwise providing the events for which you purchase tickets, such as venues, teams, artist representatives and fan clubs, promoters and leagues ("Event Providers"), including, without limitation, the operators of this Website (the “Site”).
Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void.
THIS PURCHASE POLICY INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE PURCHASE POLICY TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
Paciolan reserves the right, in its sole discretion, to change or otherwise revise the Purchase Policy at any time and for any reason.
Currency All ticket prices for events that occur in the United States are stated in U.S. Dollars. All ticket prices for events that occur in Canada are stated in Canadian Dollars.
Payment Methods Paciolan accepts American Express, Visa, MasterCard, and Discover for all qualifying events.
Pricing and Availability Paciolan sells tickets on behalf of Event Providers, which means Paciolan does not set the ticket prices or determine seating locations. Tickets are generally sold through a variety of distribution points, including online, through phone centers and at retail locations and venue box offices. Most distribution points generally access the same ticketing system and inventory. Therefore, tickets for popular events may sell out quickly. Occasionally, additional tickets may be available prior to the event. However, Paciolan does not control this inventory or its availability.
Order Confirmation If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with Paciolan customer service whether or not your order has been placed. Paciolan will not be responsible for losses (monetary or otherwise) if you purchase additional tickets, or take any other action because you assumed that an order was not placed because you failed to receive a confirmation notice.
Ticket Fees Facility Fees and Order Charges Tickets purchased through the Site are typically subject to a per ticket fee, a facility fee and/or a non-refundable per order charge. In many cases, delivery charges will also be owed. A purchaser may be able, in some instances, to purchase tickets directly from the venue box office without paying the ticket fee.
Number of Tickets Per Customer or "Ticket Limits" In an effort to give all interested customers an opportunity to purchase tickets to an event, Event Providers often set limits on the number of tickets one customer or household is allowed to purchase. You will be advised of any limits on tickets by a posting on the “buy” page for the event, or by a system limitation on the number of tickets you may purchase during your online session. You may not attempt to circumvent these limits by purchasing in multiple sessions and/or on multiple accounts. Tickets purchased for an event during multiple online sessions on the Site are totaled to ensure that any Event Provider imposed limitations are not exceeded. When customers exceed these limits, their orders may be cancelled.
Opening Acts Opening acts, or guests, may sometimes tour with headlining performers. Paciolan is not always made aware of opening acts or the length of their performances. These opening acts are subject to change or cancellation at any time without notice. No refund will be owed if an opening act is changed or cancelled.
Cancelled and Postponed Events Occasionally, events are canceled or postponed. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any canceled or postponed event, please check the applicable information online or contact us.
If an event is canceled, and you purchased your ticket through Paciolan's online systems, or a Paciolan phone center, we will automatically issue you a refund to the credit card that you used to purchase that ticket. If a ticket is purchased through a retail location or at the venue box office, then you may only be able to receive the refund by presenting the ticket yourself to the retail location or the venue box office where it was purchased.
If the event was moved or rescheduled, the Event Provider may set refund limitations such as a cutoff date prior to the event to request a refund. Please contact us for more information or to request a refund if you cannot attend the rescheduled event. Please make sure to include/provide your account number so we can expedite your refund if applicable.
Refunds and Exchanges Before purchasing tickets, carefully review your event and seat selection. Policies set forth by Event Providers generally prohibit Paciolan from issuing exchanges or refunds after a ticket has been purchased with respect to lost, stolen, damaged or destroyed tickets. In addition, we may occasionally offer tickets at a discount after the original on sale date and will not refund the difference between the original price and the sale price.
You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets may be cancelled, and Paciolan may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from purchasing tickets through Paciolan.
If Paciolan issues you a refund for a ticket, Paciolan will issue a refund of the ticket's face value paid (or, if a discounted ticket, then instead the discounted ticket price paid), all ticket fees and any order charge. In no event will delivery charges or any other amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund. Paciolan will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed event.
Billing Information Verification Orders are subject to billing address, and other billing information verification. Paciolan customer service may attempt to contact you to verify an order, using information provided at the time of purchase. If Paciolan suspects your account or order may be fraudulent, Paciolan may cancel your order and may sell your tickets to another customer without further notice.
Delivery Options Different combinations of delivery methods may be offered, depending on factors that include the venue or country where the event is to be held, the country in which you live, how much time is left before the event starts, whether it is a holiday season and the nature of the demand for the event. Please carefully review the list of delivery methods offered during the purchase process and their requirements. For security purposes, we can only ship tickets to the billing address on file with the credit card company that is used for your purchase. Generally, some of the following delivery methods may be offered:
• Standard Mail - available only if you make your ticket order at a time that is sufficiently before the date of the event. You are responsible for providing an accurate address for mailed tickets. If tickets are not received, you must contact customer service and they will have replacement tickets issued and held for Will Call pickup.
• Print At Home - for events that occur in the United States or Canada if the venue has installed and enabled equipment necessary to support this technology. Tickets will be emailed to you as a .pdf file. After you complete the checkout process you will receive a confirmation email as well as a second email containing your printable tickets. Please make sure to check your SPAM or BULK email box for your Print-at-Home tickets if they are not in your primary folder. Allow time for email delivery, if you do not receive your Print-at-Home tickets prior to the day of the event, please log back into your account and select Re-Issue Your Print-at-Home Tickets. Please contact us if you do not receive your initial PAH email or your Re-Issue attempt. If you reissue the barcodes on Print at Home Tickets, or request that customer service reissue them, then you are responsible for making sure the tickets with the new barcode are used. Paciolan will not be liable if entry is refused due to attempted use of voided tickets. If you cannot receive your re-issued tickets you must Paciolan contact customer service to have replacement tickets issued and held for Will Call pickup.
• Will Call - for events that occur in the United States or Canada. Tickets will be available for pick up at the venue box office on the day of the event, or in some cases earlier. Tickets left at will call will not be refunded. Will call start and end times are subject to change and are not grounds for a refund. You must present the original credit card used to purchase the ticket, a valid state issued picture ID, and your "e-ticket" receipt. If you are unable to pick up your order because you do not have the aforementioned items in your possession at the time and place of pickup, you will not receive a refund for this purchase.
• Canada Post Xpresspost or other overnight courier in Canada - for events that occur in Canada, but only for purchasers who use a Canadian billing address.
• Overnight Courier- for events that occur in the United States, but only for purchasers who use a United States billing address.
• Paperless Ticket - this may be the only delivery option available for some events that occur in the United States and Canada. Paperless tickets must be picked up by the original purchaser and the original credit card used to purchase must be present. If you are unable to pick up your order because you do not have the aforementioned items in your possession at the time and place of pickup, you will not receive a refund for this purchase,
• Shipping to APO/FPO Addresses - for events that occur in the United States, tickets can be delivered to an Armed Forces billing address via standard mail. You may also choose to print tickets at home using Print At Home, or pick up tickets at will call, provided that these delivery options are available for your event. Orders shipped via UPS cannot be delivered to a P. O. Box or APO/FPO address.
Pricing and Other Errors If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on the Site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then Paciolan reserves the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of the Site or any Paciolan- operated system.
Multiple Browser Windows When ordering tickets online with Paciolan please ensure you are looking for tickets and placing an order using only one browser window. Looking up tickets using multiple browser windows could result in losing your tickets or timer expiration.
Limitation of Liability Balls, pucks, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against Paciolan, Event Providers, venue management, league, artist, and/or participants, each as applicable, and all of their respective parents, affiliates and subsidiaries and the agents, officers, directors, owners and employees of each of them on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change.
Paciolan will not be responsible for any losses or damages arising from your attendance at such events, including claims for personal injury, or damage to personal property, or any other claims for negligence on the part of the Event Provider. You, on behalf of yourself and any accompanying minor, hereby release and forever discharge Paciolan and its parents, affiliates and subsidiaries and their respective agents, officers, directors, owners and employees from any liability or claims for damages that may arise as a result of your attendance at the events. It is hereby understood that the purchase of tickets by you and your attendance at such events shall not be construed as an assumption on the part of Paciolan of responsibility, liability, or control of the events.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL PACIOLAN, ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, CONTRACTORS AGENTS, EMPLOYEES, BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF YOUR PURCHASE OF TICKETS THROUGH PACIOLAN AND/OR YOUR, USE, MISUSE, OR INABILITY TO USE THE PACIOLAN TICKET PURCHASING PLATFORM. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PACIOLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Paciolan’s liability in such jurisdictions shall be limited to the extent permitted by law.
Unlawful Re-Sale of Tickets; Commercial Purposes Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. In addition, Paciolan reserves the right to restrict or deny ticket purchasing privileges to anyone that Paciolan determines to be, or has been, in violation of this policy. Because Paciolan does not guarantee the authenticity of tickets purchased from any non-authorized third party reseller (such as brokers or individuals), Paciolan recommends that you purchase tickets directly through Paciolan , authorized partners or from the venue box office to ensure ticket authenticity. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by the Event Provider, provided that even if such consent is obtained, any use of Paciolan trademarks and other intellectual property is subject to Paciolan’s consent.
Disputes; Governing Law For any problem or dispute that you may have with Paciolan, you acknowledge and agree that you will first give Paciolan an opportunity to resolve your problem or dispute. This includes you first sending a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and a proposed solution. You must send any Notice of Dispute by U.S. Mail to Paciolan at 5171 California Ave Ste 200, Irvine, CA 92617, Attn: CFO. You then agree to negotiate with Paciolan in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Paciolan’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
Small Claims Court. You may litigate any dispute in small claims court in the County of Orange, California or in your own county of residence, if the dispute meets all the requirements to be heard in small claims court. You may litigate in small claims court whether or not you negotiated informally first.
Binding Arbitration. If you and Paciolan do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
IF APPLICABLE LAW DOES NOT ALLOW BINDING ARBITRATION TO APPLY TO YOU, THE ABOVE PROVISION WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Paciolan will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
IF APPLICABLE LAW DOES NOT ALLOW A WAIVER OF CLASS ACTION PROCEEDINGS TO APPLY TO YOU, THE ABOVE PROVISION WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Arbitration Procedures. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You agree to commence arbitration only in your county of residence or in the State of California. Paciolan agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. Claims Or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in small claims court, or in an arbitration proceeding. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn’t filed within one year, it’s permanently barred. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY PACIOLAN IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY EMAILING [email protected] OR BY SENDING MAIL TO PACIOLAN, 5171 CALIFORNIA AVE STE 200, IRVINE, CA, ATTN: CFO/ARBITRATION. YOUR WRITTEN NOTIFICATION TO PACIOLAN MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH PACIOLAN THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH PACIOLAN OR THE DELIVERY OF SERVICE(S) TO YOU BY PACIOLAN. IF YOU HAVE PREVIOUSLY NOTIFIED PACIOLAN OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
This Section survives expiration or termination of this Purchase Policy for any reason.
THIS PURCHASE POLICY AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in this Purchase Policy and/or in connection with the entering of any judgment on an arbitration award in connection with this Purchase Policy, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or Orange County, California. You agree not to raise the defense of forum non conveniens.