BY USING OUR BANDWAGON WEBSITE (THE ‘SITE’) AND OUR SERVICES (COLLECTIVELY THE ‘SERVICES’) YOU AGREE TO BE BOUND BY THE BANDWAGON, LLC USER AGREEMENT (‘AGREEMENT’).
THE USER PRIVACY NOTICE AND SELLER POLICIES ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT (COLLECTIVELY, THE ‘ADDITIONAL POLICIES’).
PERIODICALLY, WE MAY MAKE CHANGES TO THESE AGREEMENTS. WHEN WE DO, WE WILL POST THEM TO THE SITE AND THEY WILL GO INTO EFFECT 15 DAYS AFTER POSITNG FOR CURRENT USERS AND IMMEDIATELY FOR NEW USERS. YOUR CONTINUED USE OF THE SITE AND SERVICES WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES.
NOW ON TO THE NITTY GRITTY…
- USING BANDWAGON
The Ticket Marketplace
Bandwagon is a college sports fan community and secondary ticket marketplace that allows users to buy, sell and trade tickets to games. We also serve as a platform where fans can show their fanhood and organize Tailgates and further enhance their gameday experience.
Our Site and Services facilitates a safe and secure environment in which ticket Buyers and Sellers can make these transactions. We also help facilitate resolution of disputes, if such should ever happen between the two parties.
What Bandwagon DOES NOT do…
Bandwagon does not set ticket prices (some of which may be higher than face value), nor do we own the actual tickets being transacted.
Bandwagon also does not guarantee the existence, quality or legality of such, or that any one transaction will be completed.
In order to use the Bandwagon Site and Services, you must first create a User Account (the ‘Account’). This Account allows a fan to List, Buy, Sell, and/or Trade tickets with other Users.
In order to complete a ticket transaction on the Site, the User must have a valid credit or debit card on file. We use Stripe for all payment processing and all User information will be safely stored.
You acknowledge that we may charge any one of your methods of payment on file for amounts you owe for any transactions authorized by you.
Bandwagon charges transaction, shipping and delivery or other fees for using our Services (‘Fees’). We also reserve the right, in our sole discretion, to change these fees at any time. As with any other changes made, these new fees will be promptly posted on our Site.
If for some reason, you fail to make good on any fees outstanding for a transaction, we may use a collection agency or other mechanism if necessary, but let’s not make that necessary. In the event that this happens, you will be charged for any fees associated. We may also report this to the Credit Bureaus. If you wish to dispute these collections, you can contact Bandwagon (firstname.lastname@example.org) or the collection agency directly.
The pricing of listed tickets is at the sole discretion of the User, but will be done in accordance with all applicable laws. Users are only allowed to list tickets that they physically own. Bandwagon DOES NOT allow the listing of speculative tickets. Refer to our Seller Policies for other listing requirements.
User Commitment to Supply Listed Tickets
By listing a ticket on the Bandwagon Site, you are making a binding offer to qualified Buyers at the price you specified. When a Buyer agrees to complete a transaction, you are contractually bound to deliver that EXACT ticket for that price within the required delivery time frame.
You, and you alone, are obligated to monitor your inventory. Under no circumstances do we allow users to cancel a listed ticket at one price and then repost the same ticket for a higher price. This constitutes a failure to fulfill.
Users are responsible for reading the complete listing and fully understanding what you are purchasing, before making any commitment to transact a ticket sale or trade. When doing so, keep in mind that you are making a BINDING CONTRACT with the Seller.
Payment on the Bandwagon Site is processed through Stripe and disbursed to the Seller according to our Policy.
All Sales are FINAL.
Except for cancelled events, NO REFUNDS, nor can you change or cancel the transaction after the Sale is complete. If you have any major issues with this, contact Bandwagon Customer Service at email@example.com.
Event Cancellations or Postponement
If the ticketed event is cancelled (or any contingent event), Bandwagon will remove the listing and email both the Buyer and Seller. In this case, the Buyer will be entitled to a full refund of any monies paid. If the Seller has already received payment, they will be charged the amount refunded to the Buyer. If it is the case that the Seller needs the physical ticket(s) to obtain a refund of the original purchase, they must reply to Bandwagon’s Cancellation Email within two (2) weeks of cancellation of the event.
If the ticketed event is postponed, Bandwagon will work with the Buyer on a case-by-case basis to resolve. If the ticket has already been sold to a Buyer, the Seller CANNOT resell using the new event date, they must deliver the new tickets. NO REFUNDS in this case.
Users are solely responsible for any applicable taxes. You agree to provide your Social Security Number or Tax ID, if necessary, for Bandwagon to provide to the IRS or other tax authorities relating to payments you receive from us. You further authorize us to release info to them.
Site Changes & Availability
Bandwagon reserves the right at any time to modify, discontinue (temporarily or permanently) the Site or Services with or without notice for any reason. Any pending transactions will be handled accordingly.
We want our Users to have the best experience possible while using our Site and Services, thus we will perform regularly scheduled maintenance. Users will be notified in advance and we will try to avoid any User impact.
- ABUSING THE BANDWAGON SITE OR OUR SERVICES
When using the Bandwagon Site, User agrees that they WILL NOT:
use any Buyers personal information for anything other than delivery of physical tickets,
violate any Venue or Event rules or any 3rd party Terms of Service,
use our Services if they are not able to form legally binding contracts (ie. User is under the age of 18),
use the Bandwagon Site for any unlawful purpose or manner,
use the Bandwagon trademark () without written permission,
copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute or publically display any content or software from our Site or Services without prior express written permission of Bandwagon and any appropriate 3rd party,
commercialize any Bandwagon application or info or software,
use a robot, spider, scrapper or other automated means,
take any action that imposes or would impose an unreasonable or disproportionately large load on our infrastructure or interfere with the Site in any way,
bypass our robot exclusion headers, rules or any other measures we use to restrict access to our Site or Services, or
do anything else we determine misuses the Site or Services or otherwise negatively impacts our marketplace.
If a User engages in any of the proceeding, Bandwagon can block the User’s Account and access to the Site, temporarily or permenately, at our discretion.
- USER CONTENT & IDEAS
Bandwagon may allow Users to post content to their profile. You, and you alone, are responsible for any content (image, text, audio, etc.) (‘Content’). By submitting this Content, you grant Bandwagon a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, sub-licensable right and license to use, reproduce, distribute, create derivative works from, publically perform, display, store or publish in any way, in any media now known, or known in the future. Users also give Bandwagon the right to use your name or image in association with your user content.
The User further represents and warrants that the Content:
is owned by User or you control all the associated rights,
does not violate, misappropriate or infringe on any 3rd party intellectual property, privacy or publicity rights,
is accurate, not obscene, false, libelous or defamatory, and
will not cause injury to Bandwagon or a 3rd party.
Bandwagon reserves the right, not the obligation, to monitor, edit or remove any non-conforming Content.
Bandwagon encourages Users to submit suggestions and ideas that will improve Bandwagon’s Site and Services. But when doing so, you are doing so voluntarily and with no expectation of confidentiality.
- PROTECTING INTELLECTUAL PROPERTY (IP) RIGHTS
Bandwagon respects all 3rd party IP rights.
If you have a good faith belief that your rights are being infringed, we urge you to complete a “Notice of Infringement” form as soon as you are made aware. Please provide the following information with your claim:
physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
description of the copyright work or other IP you claim is infringed. If claiming something other than copyright infringement, specify the right at issue (ie. Trademark or patent);
your address, telephone number, and email address;
Identification or description of where the “infringing” material is located on Bandwagon. Please be specific and use the URL if possible;
Brief description of how the challenged content infringes the owner’s IP rights;
A statement by you that you have a good faith belief the manner of use of the material in question is no authorized by the IP owner, its agent, or the law;
A statement, under penalty of perjury, that the information provided is accurate and that your are the IP owner or are authorized to act on the owner’s behalf.
If you have a good faith belief that your Content was mistakenly removed and is not infringing, or that You have the authorization to use such Content, we urge you to complete a “DMCA Counter Notice” as soon as possible. Please provide the following information with your Notice:
Your physical or electronic signature;
Description of the User Content that was removed or disabled and the location where it appeared before being removed;
Statement that your have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification, and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts of South Carolina, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, Bandwagon may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the IP owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Bandwagon’s sole discretion.
If you infringe a 3rd parties IP rights repeatedly, Bandwagon will delete your User Account.
If a User is caught abusing the Bandwagon Site or Services, we may investigate such allegations and you are obligated to cooperate with any such investigation. Bandwagon will take any action deemed appropriate to rectify any abuse of use. Such actions include:
Removal of a listing,
Cancellation of a sale,
Editing of a sale, or
Withholding of payment.
We encourage Users to report any illegal activity and Bandwagon will report any serious illegal activities to the proper authorities, if necessary.
- PRIVACY & COMMUNICATIONS
When signing up for an Account, Users consent to receive texts or calls regarding their Account, Customer Support, collecting a debt, resolving a dispute, surveys or questionnaires, marketing, or the servicing of their Account. Standard rates apply.
Bandwagon may share your telephone number with service providers contracted with us and Users agree to let them contact you to pursue our rights or perform our obligations.
You understand and agree that we may monitor or record any conversations for quality control and training purposes. We do not guarantee that such recordings will be retained or retrievable for any extended period of time.
You may not use another User’s info to disclose, sell, rent or distribute it to a 3rd party. No may you use their information to spam them, send unsolicited communications or use for marketing purposes unless You obtain the prior consent of specified User.
- AGREEMENT TO ARBITRATE LEGAL DISPUTES WITH BANDWAGON
You and Bandwagon each agree that any and all disputes or claims between, relating to or arising out of this User Agreement, the use of access to Bandwagon Site or Services, or tickets or passes sold or purchases through the Site will be resolved exclusively through final and binding Arbitration, rather than in Court. The only exception is for Small Claims Court, if the case qualifies on a non-class, non-representative basis.
The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
No Class or Representative Actions or Non-Individualized Relief is allowed. Any relief rewarded for any claims cannot affect other Bandwagon Users.
All between Users and Bandwagon are for an arbiter to decide. All Arbitrations will be conducted by the American Arbitration Association (‘AAA’) under its rules and procedures. Further information can be found at www.adr.org.
In order to start the Arbitration process, the party seeking to arbitrate must first send to the other, by certified mail, a completed Form Notice of Dispute (‘Notice’) sent to Re: Bandwagon Notice of Dispute.
We will send any such Notices for Users to the address on file. It is your responsibility to keep it up to date and all info called for must be provided.
If we are unable to resolve the claims in the Notice within thirty (30) days, you or Bandwagon may initiate Arbitration. The Forms are available at www.adr.org. In addition to filing the Notice with AAA, you must mail a copy to the opposing party. Any Settlement Offer made between Bandwagon and the User shall not be disclosed to the Arbitrator.
Such Arbitration will be held in the County in which you reside or in a mutually agreed location. If the relief sought I less than $10,000, the parties may elect to have the Arbitration conducted by phone or through written submissions.
The Arbitrator will decide the substance of any and all claims, in accordance with the law of the State of South Carolina. The Arbitrator will not be bound by the rulings of prior Arbitrations with other Users. The award of the Arbitrator is final and binding and may be entered in any court having jurisdiction.
The payment of any fees related to the Arbitration is governed by AAA rules. If the relief sought is less than $10,000, at Your request, Bandwagon will pay all fees associated with the Arbitration proceeding. If Your claim is frivolous, You agree to reimburse Bandwagon for any and all fees associated.
If the Court decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement shall still apply. If the Court finds the Non-Class, Non-Representative Clause null and void, the remainder of the User Agreement still applies.
Any User can choose to reject this Agreement to Arbitrate (‘Opt-Out’) by mailing a written Opt-Out Notice postmarked no later than thirty (30) days after acceptance of this User Agreement for the first time. Please mail the Opt-Out Notice to . For Your convenience, the Opt-Out Form is here. The Form must be signed by You in order to be effective. All other parts of this Agreement still apply.
Future Amendments to the Agreement to Arbitrate
Any Amendments to the Arbitration Agreement do not apply to claims filed prior to the amendment. Bandwagon will notify Users of the Amendments by posting the amended terms on www.bandwagonfanclub.com at least thirty (30) days before the effective date and by emailing Notice to Your address on file. If You do not agree, You must close your account within thirty (30) days.
- APPLICABLE LAW
Except as otherwise stated, this Agreement will be governed by the law of the State of South Carolina.
- TRANSACTIONS INVOLVING TICKETS TO EVENTS IN ILLINOIS
Pursuant to 815 ILCS 414/1.5 (c), for transactions involving tickets to events in Illinois, Buyers and Sellers may elect to submit complaints against one another to the American Arbitration Association (‘AAA’) under its rules and procedures. The AAA’s rules are available at www.adr.org. Such complaints shall be decided by an independent arbitrator in accordance with this User Agreement and all incorporated Policies. Buyers and Sellers further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
USER UNDERSTANDS AND AGREES THAT YOU ARE MAKING USE OF BANDWAGON’S SITE AND SERVICES ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. BANDWAGON MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY TICKETS, ANY EVENT, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS USER AGREEMENT AND IN OUR GUARANTEE, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABLILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANDWANGON (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABLITY OT ACCESS OR USE THE SITE OR SERVICES; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE OR SERVICES; (III) ANY USER CONTENT OR CONTENT OF 3RD PARTIES, OR (IV) THE DURATION OR MANNER IN WHICH TICKETS YOU LIST APPEAR ON THE SITE OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSIONS OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, OUR LIABILITY TO YOU OR TO ANY 3RD PARTY IS LIMITED OT THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIORTO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
- RELEASE AND COVENANT NOT TO SUE
To the fullest extent possible by law, You release and covenant not to sue Bandwagon, any affiliated companies, and our and their respective officers, directors, agents, joint ventures, employees, legal representatives, and suppliers from any and all 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 disputes between users. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
User agrees to indemnify and hold Bandwagon and (if applicable) Bandwagon’s parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the ‘Bandwagon Indemnitees’) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Bandwagon and (if applicable) any Bandwagon Indemnitee resulting form or arising out of your breach of this User Agreement, your improper use of Bandwagon’s Site or Services, and/or your violation of any law or the rights of a 3rd party.
- GENERAL PROVISIONS
This Agreement, together with all additional policies referenced above constitutes the entire agreement between you and Bandwagon relating to your use of our Site and Services. You consent to receive notice by email to the address provided at registration. No amendment, modification or supplement of any provision of this Agreement will be effective unless in writing. 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. Bandwagon may assign or transfer this agreement at any time. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Bandwagon, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement, your use of the Site, or the provisions of our Services. This Agreement is for your benefit only, not for the benefit of any 3rd party except for Bandwagon’s permitted successors and assigns. The following Sections survive any termination of this Agreement: Fees, Taxes, Abusing Bandwagon, User Content and Ideas, Consequences, Agreement to Arbitrate Disputes with Bandwagon, Limitation of Liability and Indemnification.