Ticketland LLC d/b/a ModuTicket.Com : Secondary Ticket Market & Resellers – Buy and Sell Tickets: Concerts, Sports & Theater from ModuTicket

Concerts in Florida

Florida is famous for its vast stretches of beaches and its warm climate. There are also a lot of concerts in Florida happening each year. You would find that most of the musical action is in the concerts in South Florida, although you would find many concerts in other parts of the state as well. Florida concerts are mostly known for providing country, rock, Christian, and rap music. If you plan to attend any musical shows in Florida that are coming up, you have come to the right place.

Fan Safety Is Our Priority: For Your Event’s Refund or Credit Eligibility
Visit Your Account or Learn More About Options for Canceled, Rescheduled and Postponed Events

Fan Safety Is Our Priority: For Your Event’s Refund or Credit Eligibility Visit Your Account or Learn More About Options for Canceled, Rescheduled and Postponed Events

Welcome to ModuTicket!

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How do I get a refund?

For the latest information and answers to the most common FAQ’s concerning COVID-19 impacted events, visit our FAQs Page.

Refunds are available if your event is canceled.*

*Exceptions include MLB and US Open

I decided not to attend the event and I have event ticket insurance. Can I get a refund?

Due to the unprecedented volume of cancellations, please note that you should expect to receive your refund in as soon as 30 days. If the tickets were transferred to you, the refund will go to the fan who originally bought the tickets from Moduticket.

Terms Regarding Certain Cancelled, Rescheduled and Postponed Events (COVID-19)

Due to the impact of the global COVID-19 pandemic, the scheduling of events for which you have purchased tickets has been affected.

Moduticket is the agent to those who provide events, such as venues, teams, artist representatives, fan clubs, promoters and leagues (each, an “Event Provider”). To keep you informed, Moduticket has provided you with a separate, customized notification (the “Notification”) outlining the options the Event Provider is offering to account for the pandemic’s impact on the event for which you have previously purchased ticket(s) at Moduticket or Moduticket’s sites and mobile applications, including but not limited to www.moduticket.com, www.ticketsnow.com, www.moduticket.com, www.Moduticket.ca and www.ticketexchangebymoduticket.com (collectively, the “Site”).

Your event has been either (a) cancelled or (b) postponed/rescheduled. As a result, the Event Provider has issued updated terms that apply to such cancelled, rescheduled or postponed event, including, in some cases, a new “Credit” offer (defined below).

Moduticket has set out the terms of these offerings by the Event Provider below. Of course, your original purchase, as well as the new “Credit” offer outlined herein (to the extent you accept it) continues to be/will be subject to our Terms of Use.

1. CANCELLED EVENTS

If the event for which you bought a ticket(s) was cancelled, as indicated on your Notification, you are entitled to a refund of the paid value subject to the exclusions as set forth herein, unless you want to accept a Credit offered by the Event Provider (as defined below).

The credit that you August accept in lieu of a refund will be provided as a promotional code which serves as a credit for the original price you paid for your ticket(s), including all taxes and service fees, plus any promotional bonus amount designated by the Event Provider in your Notification, all of which August be used to make future purchases on the site(s) designated in the Notification (collectively the “Credit”). The Credit is being provided by the Event Provider and not by Moduticket.

If you elect to accept a Credit, the Credit will be in the form of a promotional code good for ticket(s) to the event type(s) designated in the Notification. This August be the same event type as the original ticket (for example, if your original ticket was for an NBA game, your Credit August be good for another NBA game) at the same event venue, or, in some cases, your Notification or a follow up communication August state that you will be able to choose from events at one of a number of venues that the Event Provider designates. Credit August be redeemed using the promotional code at checkout after July 15th, 2020 and will expire on the date set forth in your Notification (or on another date as later communicated to you).
If you elect to accept a refund, we will automatically issue you a refund of the paid value subject to the exclusions as set forth herein to the credit card, debit card, gift card or other method of payment used to make your original purchase.
Any parking purchased along with your ticket(s) will be fully refunded to the credit card, debit card, gift card or other method payment used to make your original ticket(s) purchase, regardless of whether you choose a refund or Credit. All merchandise purchases are not subject to any of the options stated above: your transaction will be processed, and the merchandise will be delivered to you.

You August elect to accept the refund, or any Credit option set out in the Notification, during the period (the “Election Period”) set out in your Notification. If you do not make any election prior to the end of the Election Period, a refund will be automatically issued on the terms set out above.

2. RESCHEDULED/POSTPONED EVENTS

It is the Event Provider’s decision when to cancel an event (and apply the refund as outlined in section #1 above) and when to reschedule or postpone an event. If your Notification indicates that your event has been rescheduled or postponed, you will either: (a) keep your ticket and remain entitled to use it on the date of your rescheduled event; or (b) if your Event Provider has agreed and given you the option in your Notification, you will have a choice between the Credit or refund on the terms set out below. This Credit or refund, if elected, is provided solely by the Event Provider and not by Moduticket.

If you elect to accept a Credit, the Credit will be in the form of a promotional code good for ticket(s) to the event type(s) designated in the Notification. This August be the same event type as the original ticket (for example, if your original ticket was for an NBA game, your Credit August be good for another NBA game) at the same event venue, or, in some cases, your Notification or a follow up communication August state that you will be able to choose from events at one of a number of venues that the Event Provider designates. Credits August be redeemed using the promotional code at checkout after July 15th, 2020 and will expire on the date set forth in your Notification (or on another date as later communicated to you).
If you elect to accept a refund, we will automatically issue you a refund of the paid value subject to the exclusions as set forth herein to the credit card, debit card, gift card or other method of payment used to make your original purchase.
Any parking purchased along with your ticket(s) will be fully refunded to the credit card, debit card, gift card or other method payment used to make your original ticket(s) purchase, regardless of whether you choose a refund or Credit. All merchandise purchases are not subject to any of the options stated above: your transaction will be processed, and the merchandise will be delivered to you.

You August elect to accept any refund or Credit option set out in the Notification during the period (the “Election Period”) set out in your Notification. If you do not make any election prior to the end of the Election Period, or if the Event Provider does not provide you with such options, you will keep your ticket and remain entitled to use it on the date of your rescheduled event. If the Event Provider subsequently determines that your rescheduled or postponed event must be cancelled, you will receive a further Notification indicating your options (consistent with section 1 above).

3. GENERAL TERMS

Once you accept either a refund, a Credit, or fail to make an election within the Election Period and are provided a refund (or continue to hold your ticket for a rescheduled event, in the case of a rescheduled or postponed event), as set forth in these Terms, the matter will be deemed final and binding.

You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to the Credit or refund or ticket(s) you purchased. Without limiting the generality of the foregoing, you will not contact us to seek an additional refund, exchange, or credit of any kind, and 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 ticket(s) are subject to immediate cancellation, and we may, in our sole discretion, refuse to honor pending and future Credits, Concert Cash, and/or ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and August prohibit future purchases from 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 using the Site. Credits are non-transferable, August not be sold and are not redeemable for cash. Promotional code August not be combined with other promotions. Credits August not be applied to previously placed orders. Credits August not be redeemed to purchase tickets for the same event as the tickets in your original purchase for which you accepted the Credit.

If we issue you a refund, we will issue a refund of the ticket’s face value paid (or, for a discounted ticket, then instead the discounted ticket price paid) and all taxes and service fees. Certain Event Providers August offer credit that exceeds the value of your ticket’s original purchase price, including fees, which August be used to purchase event tickets on our Site in accordance with these Terms. If a ticket was purchased through Fan-to-Fan, and the event was cancelled, and/or a refund is issued, we will issue a refund of the ticket price you paid through Fan-to-Fan and the service fee (if any) you paid. No service fees will be refunded for certain Major League Baseball purchases. For ticket insurance refunds, please contact the insurance provider. If you purchased tickets using Apple Pay, Google Wallet, or any other digital wallet, please contact our customer service team at 1(800)-653-8000. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled, rescheduled or postponed event.

In order to qualify for a Credit or refund, you must have purchased your tickets through the Site, and your tickets must not have been transferred, posted for sale or sold, or be currently pending a transfer. For transferred tickets, Credits and refunds are only available to the person who originally bought them. If you are the original purchaser, you will need to have the transferee transfer the tickets back to you before requesting a Credit or refund.

The amount of your refund will not include any of the following that were part of your original purchase: (i) UPS fees if your delivery option was UPS; (ii) the amounts paid for merchandise, which will be delivered to you; or (iii) Fan Club Membership fees.

4. QUESTIONS

If you have any questions, comments or complaints regarding these Terms, please contact us at:

Moduticket Entertainment, Inc.
Attn: General Counsel
7421 W Irlo Bronson Memorial Hwy Kissimmee, FL 34747
(407) 343-8578

Can I chat online with a rep?

Live Chat is available to fans with an existing order via a computer, tablet or via your mobile web browser. Please note it is not currently available within the TM App.

Head to the Order History in your account from your computer or tablet
Click the Order Details link
Click the Live Chat link at the bottom right of your order

What happens if my event is postponed or rescheduled?

For the latest information and answers to the most common FAQ’s concerning COVID-19 impacted events, visit our FAQs Page.

When events are postponed or rescheduled, you will be contacted via phone or email with the new event information as soon as we are updated.

If your event is postponed, the event organizer is still trying to reschedule your event; if they do, your tickets will remain good for the rescheduled date.

If your event has been rescheduled, and the event’s organizer is offering refunds, this option will be visible under the event in your Moduticket account.

Welcome! The following are the terms of use (“Terms”) that govern your use of Moduticket and Moduticket’s sites and mobile applications – including but not limited to www.moduticket.com, www.moduticket.com, www.ticketsnow.com, and www.ticketexchangebymoduticket.com – (collectively, the “Site”), and your purchase, possession, or use of any Moduticket or Moduticket tickets, products, or services.

Our Privacy Policy, Purchase Policy, and any other policies, rules or guidelines that August be applicable to particular offers or features on the Site are also incorporated into these Terms. By visiting or using the Site, you expressly agree to these Terms, as updated from time to time.

NOTICE REGARDING FUTURE CHANGES TO TERMS:

We August make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.

NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER:

These Terms contain an arbitration agreement and class action waiver, whereby you agree that any dispute or claim relating in any way to your use of the Site, or to products or services sold, distributed, issued, or serviced by us or through us, will be resolved by binding, individual arbitration, rather than in court, and you waive your right to participate in a class action lawsuit or class-wide arbitration. We explain this agreement and waiver, along with some limited exceptions, in Section 17, below.

Please note that while some of the events listed on the Site August appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.

1. Account Registration

You August browse the Site without registering for an account. You will be required to register for an account to use certain features of the Site, such as reserving or purchasing a ticket. Your account username August not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You August not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You August not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We August require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We August refuse registration, cancel an account or deny access to the Site for any reason.

2. Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

Restrict or inhibit any other person from using the Site;
Use the Site for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;;
Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
Engage in spamming or flooding;
Harvest or collect information about Site users;
Order, or attempt to order, a number of tickets for an event that exceeds the stated limit for that event;
Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us, or if you violate the terms of the presale or offer;

3. Ownership of Content and Grant of Conditional License

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the “Content”) are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We August change the Content and features of the Site at any time.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.

The registered and unregistered trademarks, logos, and service marks displayed on the Site are owned by us or our licensors. You August not use our trademarks, logos, and service marks in any way without our prior written permission. You August inquire about obtaining permission by contacting us at trademarks@moduticket.com.

4. Making Purchases

Please review our Purchase Policy, which (in addition to these Terms) will govern your purchase of any tickets or other products through the Site, including any refunds or exchanges. We August impose conditions on your use of any coupon, promotional code or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You August only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods. You August use Concert Cash® and Moduticket Ticket Cash™, only in accordance with the Code Terms of Use found at moduticket.com/concertcash or moduticket.com/ticketcash, as applicable.

You August not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site.

You will not hold us liable if you do not comply with laws related to your transactions. We August provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.

If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets August be cancelled, we August refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We August also prohibit you from using the Site.

You will not use ticket bot technology to search for, reserve, or purchase tickets through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.

5. Forums and User Content

We August host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site (collectively, “Forums”), and you August be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site (“User Content”).

By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit User Content.

You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.

Statements, opinions, and reviews posted by participants in a Forum August be inaccurate, offensive, obscene, threatening, or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.

You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian.

We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.

If we are notified that your User Content does not comply with these Terms, we August investigate the allegation and August decide to remove your User Content and cancel your account. We August also hold you liable for any User Content that infringes the rights of a third party and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.

6. Claims of Copyright Infringement on the Site

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Site infringes your copyright, you August send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you August send us a counter-notice. You August read more information about the DMCA at http://www.loc.gov/copyright.

Notices and counter-notices should be sent to General Counsel, Moduticket Entertainment, Inc., 7421 W Irlo Bronson Memorial Hwy Kissimmee, FL 34747, copyrightofficer@moduticket.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.

It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.

7. Links

The Site contains links to other websites that August not be owned or operated by us. The fact that we August link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk, and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.

8. Parental Controls

We cannot prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that August assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov. We do not endorse the products or services listed at this website.

9. Access from Outside the United States

The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We August limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.

10. Rules for Sweepstakes, Contests and Games

In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, “Promotions”) made available through the Site August have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms, except in all instances the arbitration agreement and class action waiver set forth in Section 17, below, will control and apply.

11. Mobile Messaging

We offer browsing and mobile messaging services which August include alerts, Promotions, and offers for products. You August choose to receive mobile alerts by signing up or participating in a Promotion. If you do, you authorize us to use automated technology to send messages to the mobile phone number you supply when you sign up. Your consent to receive mobile communications is never required in order to purchase something from us.

Message and data rates August apply, according to your rate plan provided by your wireless carrier. We will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You August not receive our alerts if your carrier does not permit text alerts. Your carrier August not allow you to use pre-paid phones or calling plans to receive alerts. We August send you a bounce back message for every message you send to us. Service August not be compatible with all wireless carriers or devices.

You August opt out of any alerts by replying to an alert with the text message “STOP” or by sending the text message “STOP” to the shortcode provided. If you opt out by sending us a text message, we will send you a text to confirm your request. If you do not want to receive a confirmation text message, you August opt out by sending an email to texthelp@moduticket.comwith your request and mobile device number. It August take us up to 10 days to remove your mobile device number from our database. For additional help, text “HELP” to the shortcode provided, or email texthelp@moduticket.com

You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. Information August also be shared with other service providers to further support identity verification and fraud prevention.

We are not responsible for the accuracy of any information displayed in our mobile messaging, for any misdelivery or untimely delivery of any mobile messaging, or your deletion or failure to store any mobile messaging from us.

12. Mobile Device Application

If you install or use our mobile application, software, and services, including any accompanying documentation (collectively, “App”), we grant you a limited right to install and use the App on a single authorized device located in the United States and its territories, or in another country where we August offer the App. You August use the App for your personal, non-commercial and entertainment purposes only. We do not grant you any rights to any related documentation, support, upgrades, maintenance, or other enhancements to the App. We will not provide you with any device, internet access, or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).

13. Violation of these Terms

We August investigate any violation of these Terms, including unauthorized use of the Site. We August provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We August take legal action that we feel is appropriate. You agree that monetary damages August not provide us a sufficient remedy, and that we August pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we August cancel your account, delete all your User Content, and prevent you from accessing the Site at any time without notice to you. If that happens, you August no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We August also cancel any ticket or merchandise order, and tickets or merchandise acquired through your order. We August refuse to honor pending and future purchases made from all accounts we believe August be associated with you, or cancel a ticket or ticket order associated with any person we believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to us.

You agree that your abusive use of the Site August cause damage and harm to us, including impaired goodwill, lost sales, and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine, and that if you, or others acting with you, request more than 1,000 pages of the Site or make more than 800 reserve requests on the Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) for each page request or reserve request made during that 24-hour period which exceeds those limits.

14. Disclaimer of Warranties

WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE.” WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT August ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

15. Limitation of Liability

IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH August BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

16. Indemnification

If anyone brings a claim against us related to your use of the Site, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

17. Disputes, Including Mandatory Arbitration and Class Action Waiver

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE, OR TO PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY US OR THROUGH US, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, with the following exceptions:

You August assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section (Section 3) above, either of us August file a lawsuit in a federal or state court located within Osceola County, Florida, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) August be commenced only in a federal or state court located within Osceola County, Florida, and we both consent to the jurisdiction of those courts for such purposes.

The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Moduticket Entertainment, Inc., 7421 W Irlo Bronson Memorial Hwy Kissimmee, FL 34747, Attn: General Counsel. You August download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. We will automatically reimburse administration and arbitrator fees for claims totaling less than $10,000 regardless of who the prevailing party is (unless the arbitrator determines the claims are frivolous), but we will not pay for attorneys’ fees unless ordered to do so by the arbitrator. You August choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that the arbitrator August not consolidate more than one person’s claims and August not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.

However, pursuant to the Illinois Ticket Sale and Resale Act, 815 ILCS 414/1.5 et seq., if your dispute regards the re-sale of a ticket for any event located in the State of Illinois, then the following applies: You August submit complaints to JAMS under its rules and procedures, as outlined in this section, and any such claims shall be decided by an independent arbitrator in accordance with these Terms. You also agree to submit to the jurisdiction of the State of Illinois for any complaints involving a ticketed event held in Illinois. If you have an inquiry regarding a ticket re-sale transaction made for any event located in Illinois, please contact us at 550 W. Van Buren Street, 13th Floor, Chicago, Illinois 60607 or (877) 446-9450.

18. No Reliance and Forward-Looking Statements

The information contained on the Site August not be current and should not be used or relied on for any investment decision regarding our securities or for any similar purpose. We file annual, quarterly and current reports, proxy statements and other information with the United States Securities and Exchange Commission (“SEC”). Copies of our filings are available at the Investor Relations section of this Site and also at the SEC’s website at www.sec.gov.

Statements on the Site regarding our financial condition, results of operations and business and our expectations or beliefs concerning future events that are not historical facts are “Forward-Looking Statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Use of the words “believes,” “expects,” “anticipates,” “plans,” “estimates” or words of similar meaning is intended to identify Forward-Looking Statements but is not the exclusive means of identifying such statements. We caution you that there are some known and unknown factors that could cause actual results to differ materially from any future results, performance or achievements expressed or implied by such Forward-Looking Statements, including but not limited to economic, competitive, governmental, and technological factors affecting our operations, markets, products, services and prices, as well as the risks and uncertainties set forth in the documents we file with the SEC, specifically the section titled “Item 1A. Risk Factors” of our most recent Annual Report on Form 10-K and Quarterly Reports on Form 10-Q and Current Reports on Form 8-K. We do not undertake any obligation to publicly update or revise any Forward-Looking Statements because of new information, future events or otherwise.

19. Severability

It is our belief that these Terms do not contain any provision contrary to law. However, if any part of these Terms is determined to be illegal, invalid, or unenforceable, you agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of these Terms, and (b) the remaining parts shall be deemed valid and enforceable.

20. Questions

If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:

Moduticket Entertainment, Inc.
Attn: General Counsel
7421 W Irlo Bronson Memorial Hwy Kissimmee, FL 34747
(407) 343-8578