Welcome to NEPATickets.com! This User Agreement ("Agreement") lists the terms of the agreement between NEPA Tickets, LLC. ("NEPATickets.com.com" or "We" or "Us") and “You” for the purpose of buying and selling of tickets ("Tickets"), and all other services that We provide (the "Services"). By actively participating in transactions on this website or by completing the registration process, You agree to accept the terms and conditions of this Agreement.

If We change this Agreement, We shall post a revised version of this Agreement, which shall automatically replace any previously posted Agreements. The revised version of this Agreement is automatically effective 5 days after it is initially posted on the Site. Your continued use of the Site and the Services on NEPATickets.com constitutes Your acceptance of the revised Agreement. If You do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.

2. Who We are and what We do.
NEPATickets.com is a web site service that allows members who want to buy tickets ("Buyers") find members who want to sell tickets ("Sellers"). It is important to remember that NEPATickets.com simply acts as a facilitator to allow the purchase and sale of tickets. We are not involved in the actual transactions between Buyers and Sellers. We cannot ensure that a Buyer or Seller will actually complete a transaction.

3. How to become a member.
To be a member of this Site, You must agree to accept the terms and conditions of this Agreement. You may only use the Services if You can legally enter into and form binding contracts. If You do not qualify, please do not use or try to use the Services.

We will not accept any request from You to buy or sell tickets before You have registered with Us. To register, You must provide your real name, address, phone number, and email address.

4. How to list an item as a Seller.
Any member who wants to sell tickets lists the tickets in the "Sell your tickets" page. As part of the listing process, the Seller assigns a price to the tickets and provides information such as the event, date, section, seat, and row in accordance with the process outlined in the “Sell your tickets” page.  The Seller sells the ticket in a fixed price format. The Seller sets a definite price at which the ticket will sell immediately if a member completes the online checkout process.  Additional costs are added to the final cost to include commission and shipping & handling fees (if necessary).

Once You list tickets for sale and a Buyer purchases your tickets, You are responsible for completing the transaction with the exact tickets that you listed. You will be charged a replacement fee if You list tickets for sale and those exact tickets are not available.

5. Finding a ticket that You want and making an offer as a Buyer.
Any member who wants to buy a ticket first scans the NEPATickets.com "Search/Buy Tickets" page for tickets listed by Sellers that match the Buyer's desired tickets. Once the Buyer finds a matching ticket(s), the Buyer completes the checkout process in the NEPATickets.com store.

When We receive an offer, We obtain an authorization from the Buyer (via Paypal) equal to the price, fees, and shipping costs (if necessary) of the tickets.

Event dates, times, venues and subject matter, which are listed on the ticket, may change. It is up to You, the Buyer, to verify the most recent changes. Please contact the box office or refer to local listings for any changes.

Ticket Listings are a representation of actual seat location. Tickets may be substituted with comparable or better seat locations. Actual seat and row numbers may vary from those purchased on the Site.

6. Notifying the Seller of the offer.
Once We obtain an authorization from the Buyer, We notify the Seller of the sale via email and/or telephone, and We confirm to the Seller that the Buyer is willing to pay the price, the shipping costs (if necessary), and any taxes that We have calculated for the item.

The Seller is expected to notify the buyer of expected ship date when confirming the order (if shipping is necessary).

7. Completing the sale.
Once the Seller confirms the order, Paypal charges the Buyer for the sale price of the item, fees, shipping costs and any taxes that we have calculated for the item. The charge is paid to us (minus paypal charges), and the Seller is compensated for the sale minus fees. Sellers will be able to see the exact fee that will apply before completing the sell process and committing to sell their tickets.

After receiving the tickets, if a Buyer is dissatisfied with any part of the purchase the Buyer accepts arbitration as a means of dispute resolution.

8. Your relationship with us.
You grant NEPATickets.com permission to charge you (via Paypal) for the purchase of items (as a Buyer).

For the purpose of promoting and facilitating the sale and purchase of tickets and items that You list for sale, You grant to NEPATickets.com a non-exclusive, transferable, worldwide, paid-up, royalty-free right and license to reproduce, modify, adapt, publish and display on the Site and on the sites of our marketing partners your descriptions of tickets listed for sale.

NEPATickets.com is not involved in the actual transactions between Buyers and Sellers. If You have a dispute with one or more members, You release NEPATickets.com and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

9. Things We don't allow.
You agree not to list, sell or buy any adult materials, obscene materials or pornographic materials through the Site, directly or indirectly, and You agree not to use any names or other information found on or via this Site to do so.

You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and selling value of the tickets. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card.

To post a ticket for sale on NEPATickets.com You must first register with the Site. Once a ticket is posted, We strongly discourage posting that ticket for sale elsewhere. If you do post your ticket for sale in other marketplaces You are required to remove your ticket from the Site immediately if your ticket sells elsewhere. Except as provided herein, You agree not to promote the sale of tickets through any site other than NEPATickets.com. We reserve the right to prohibit users from posting tickets on NEPATickets.com if they are not able to provide the exact tickets that were posted on NEPATickets.com.

The sale of stolen property on NEPATickets.com is strictly forbidden, and violates state, federal and international law. NEPATickets.com strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on NEPATickets.com. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.

The Buyer name and address information is provided to Sellers for the sole purpose of shipping the specific purchased product(s) and may not be used by the Seller for any other purpose, either in connection with such shipment(s) or separately from such shipment(s). You agree not to include in your shipment to the Buyer any promotional or other commercial material that is not provided or approved by NEPATickets.com. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than NEPATickets.com, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the Buyer at any time for any reason.

10. What happens if We think You have broken our rules.
We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to a ticket, the source of a ticket, your acquisition of a ticket, and the price You paid for a ticket.

We may take any action that We deem appropriate in our sole discretion (including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending You edit a listing) if: (a) You breach this agreement or any document it incorporates by reference; (b) You are unwilling to cooperate with our investigation of a complaint or reported violation; (c) We are unable to verify or authenticate any information You provide; or (d) We believe your conduct may cause legal liability for You, for other members, or for NEPATickets.com. You agree that payments owing to You for sales made through this Site may be suspended or delayed pending our investigation. NEPATickets.com is not obligated to pay You for any sales if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.

You agree that NEPATickets.com may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. NEPATickets.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

You authorize us to withhold payment or charge you any amount You owe us if (a) a sale is cancelled for any reason; (b) an adjustment is required; (c) We reasonably believe that You have committed fraud or other illegal act or omission during any buying or selling activity; (d) You are not able to produce the exact seats that you listed on the Site; or (e) You otherwise owe us a specific amount. If any of these things happen, We may also deduct from any amount We owe You the amount You owe Us.

11. Your warranties to us.
For all tickets You list as the Seller, You warrant that Your descriptions of the tickets accurately detail and describe the tickets offered for sale.

You represent and warrant that any information You provide to us, to other members, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.

You warrant that You will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and selling value of the tickets.

You agree to indemnify and hold NEPATickets.com and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by NEPATickets.com and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site.

12. What We don't warrant (disclaimers of warranties and limitations of liability). EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, NEPATICKETS.COM PROVIDES THE SOFTWARE, SITE AND SERVICES ON AN "AS IS" BASIS AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NEPATICKETS.COM MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, ANY TICKETS, ANY EVENT, THE SERVICES NEPATICKETS.COM PROVIDES, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED, AND NEPATICKETS.COM EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

NEPATICKETS.COM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY LOST PROFITS OR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION INDIRECT AND SPECIAL DAMAGES) THAT MAY RESULT FROM THE SERVICES, THE SITE, OR THE SUSPENSION, TERMINATION OR MALFUNCTION OF THE SERVICES OR THE SITE. NEPATICKETS.COM'S LIABILITY TO YOU OR ANYONE ELSE IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) $100, AND (B) THE TOTAL DOLLAR AMOUNT OF ALL TICKETS AND OTHER ITEMS YOU BOUGHT AND/OR SOLD VIA NEPATICKETS.COM IN THE 12 MONTHS PRIOR TO THE ACTION ALLEGEDLY GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY REPRESENT BARGAINED FOR ALLOCATIONS OF RISK, AND THAT THE PRICING AND OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REFLECT SUCH ALLOCATIONS OF RISK.

You agree that NEPATickets.com is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold NEPATickets.com and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by NEPATickets.com that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of NEPATickets.com.

NEPATickets.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site or any Services under this agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control.

The Site could be unavailable from 12am-3am EST each morning while it is being updated and modified. During this time, the Site may be temporarily unavailable.

13. We own the intellectual property rights to our Site and Service.
You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") is and shall remain our sole property, and (ii) nothing in this agreement shall confer in You any right of ownership or license rights in our Intellectual Property. In addition, You shall not now or in the future contest the validity of NEPATickets.com's Intellectual Property.

Copyright © 2007, NEPA Tickets, LLC. The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of NEPATickets.com or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of NEPATickets.com and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.

14. Additional terms that affect our agreement.
You and NEPATickets.com are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.

Except as expressly stated otherwise, all notices to NEPATickets.com shall be sent to the email addresses provided on the Site (e.g., admin@NEPATickets.com.com). Physical address: 83 Dana Street, Forty Fort, PA. 18704. Except as expressly stated otherwise, all notices to You shall be sent to the e-mail address You provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.

 This Agreement shall be governed by and interpreted in accordance with the laws of the State of Pennsylvania, U.S.A., without regard to its provisions governing conflicts of law. Except for allegations that You have infringed or have threatened to infringe our intellectual property rights, You and We agree that any dispute or controversy between us, or arising under or concerning performance or breach of this Agreement, shall be settled by one arbitrator in binding arbitration, to be held in Pennsylvania, Luzerne County, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction. If We allege that You have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies We may have, We may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, You consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for Pennsylvania, Luzerne County, U.S.A.

This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of NEPATickets.com, which We can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.