Promotional Terms of Use

Effective Date: August 21st, 2019

Seat Leap partners directly with major corporate brands to provide consumers with free or reduced-price ticket upgrades at live events. The Terms and Conditions set forth in this document govern your purchase or acceptance of any tickets directly or indirectly from any third-party promotional campaign operated utilizing all or part of Seat Leap’s technology. By purchasing or accepting tickets in any manner from Seat Leap or any of Seat Leap’s promotional partners, you expressly agree to abide and be bound by terms and conditions in this document, as well as all applicable laws, ordinances and regulations. You represent that you are legally able to enter into a binding contract. If you are under the age of 18, then you may only use this site in conjunction with, and under the supervision of, a parent or guardian.

Inventory Available While Supplies Last

There will be a limited supply of ticket upgrades per event. Once that inventory is gone there will be no additional inventory available for that event.

Promotional Program Has Limited Time

Promotional programs (each a “Promotion”) are effective for a limited time. Once the promotional period ends the specific program will not be extended without express notice from Seat Leap or their promotional partner. 

Eligibility

Promotions may be subject to additional terms and eligibility requirements (such as age, residency, or otherwise), and by participating in a Promotion, and/or purchasing or accepting tickets in connection with a Promotion, you represent and warrant that you agree to and comply with all such additional terms and eligibility requirements which are set forth herein or otherwise notified to you in connection with a Promotion.

Ticket Availability

All orders are subject to ticket availability. Seat Leap will use commercially reasonable efforts to procure and timely deliver the exact tickets ordered. If those tickets are no longer available, Seat Leap reserves the right to replace tickets with comparable or upgraded tickets, at Seat Leap’s reasonable discretion.

Payment

By placing your order or accepting your tickets, you authorize Seat Leap to charge your method of payment for the total amount, which may include the ticket price and service fees. We accept Visa, Mastercard, Discover, American Express and PayPal. 

All Sales are Final

All sales are final. No refunds will be given for any reason other than cancellation of the event or failure to timely deliver valid tickets.

Ticket Holder Behavior Policy

Attendees to live events must abide by the rules and policies of the venue, promoter and anyone else responsible for the event. Failure to follow such rules and policies may lead to consequences against you or the seller or original ticket holder. If you or another person using the ticket you received from Seat Leap fails to abide by those rules and policies, you are responsible for all applicable fines and legal or other expenses associated therewith. 

Privacy Policy

Seat Leap uses your information only as described in Seat Leap' Privacy Policy. View Privacy Policy

Unlawful Activity; Acceptable Use

Seat Leap prohibits the use of its website, promotional websites utilizing all or part of Seat Leap’s technology, or mobile application for unlawful conduct. All users must comply with all local, state, federal and international laws, ordinances and regulations. 

Intellectual Property and Publicity

By participating in any Promotion in which you purchase or receive event ticket upgrades, you agree to co-operate in all advertising, marketing and publicity material and activities we may, at our expense, produce or arrange. You also agree to sign, if requested, an irrevocable release form allowing us and/or our promotional partners, without any compensation being payable, to use your name, photograph, likeness, details of the country and/or city where you live, any comments made by or attributed to you, and to incorporate any such information and any audio/visual recording or broadcast for such promotional purposes, in any media, throughout the world.

Release

By participating in a Promotion, you agree to release and hold harmless, Seat Leap and our promotional partners and service providers (including their advertising, promotions, and marketing agencies), and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”), from and against any liability, loss, claims or causes of action arising out of participation in the Promotion or any event related to the Promotion, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical or printing errors; (c) errors in the administration of the Promotion or the processing, fulfillment or redemption of requests; and/or (d) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion, receipt or use of any promotional item, or attendance at any event related to the Promotion.

Limitation of Liability

Except that we do not exclude or limit our liability for personal injury or death caused by our negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded, the Released Parties will not accept any liability in relation to your participation (or inability to participate) in any Promotion, including without limitation any use made by you of (or inability to use) any ticket, to the maximum extent permitted by law.

If any Promotion cannot be executed as planned, including due to any technical problems or circumstances beyond our control, we shall incur no liability.

We and our promotional partners reserve the right to alter, discontinue or terminate any Promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever.

Additional Provisions

These Terms contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.

If any provision of these Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.

The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.

Seat Leap General Terms of Use

Seat Leap partners directly with major corporate brands to provide consumers with free or reduced-price ticket upgrades at live events through web-based services as well as selling discounted upgrades directly to consumers through their native application. The Terms and Conditions set forth in this document govern your purchase or acceptance of any tickets directly or indirectly from any third-party promotional campaign operated utilizing all or part of Seat Leap’s technology. By purchasing or accepting tickets in any manner from Seat Leap or any of Seat Leap’s promotional partners, you expressly agree to abide and be bound by terms and conditions in this document, as well as all applicable laws, ordinances and regulations. You represent that you are legally able to enter into a binding contract. If you are under the age of 18, then you may only use this site in conjunction with, and under the supervision of, a parent or guardian. 

Ticket Listings

Buyers may receive or purchase upgraded seat offers for a specific artist or team, event date that they already purchased initial tickets to attend. Each listing contains the event name, date, seat location, and price per ticket. Because you will have an opportunity to look at the tickets available for a particular event and determine which tickets to purchase, it is your responsibility to confirm any relevant details. 

Selecting and Purchasing Tickets

Once you identify the tickets you would like to purchase, and select them, you will be directed through the checkout process where you will provide payment information. You will also be able to review the ticket details, and total order price. 

By placing an order, you authorize Seat Leap to charge your method of payment for the total order amount. Your order is then sent to the seller for confirmation. The seller will confirm the tickets are still available and you will receive notification that the tickets will be delivered. If you do not receive notification of ticket delivery, contact us support@seatleap.io for assistance. Upon seller confirmation, your method of payment will be charged.

Cancelled and Postponed Events

Seat Leap will refund the purchase price, including delivery charges, for canceled events. To qualify for a refund, the buyer must return their tickets to Seat Leap within 2 weeks of notice from Seat Leap that the event is deemed “Cancelled”. No refunds will be given without the original tickets, unless otherwise determined by Seat Leap, in its sole discretion. Seat Leap will determine when an event is canceled based upon the best information available. Postponed or rescheduled events will not be refunded.

Event date, times, venue and subject matter may change. We are not always notified if a show is postponed, rescheduled or canceled. It is the buyer's responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event. In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond Seat Leap’s control. Seat Leap shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation.

Denial of Admission

If you have difficulty gaining admission to an event, contact us immediately by calling 866.848.8499. If the issue you are experiencing is not resolved and you are denied admission, you must obtain proof from the venue verifying that you were denied entry and send that to Seat Leap along with a statement describing the specific circumstances. Seat Leap will provide you with a form to complete.

Upon receipt of the evidence and form, Seat Leap will conduct an investigation. During that investigation, we will review the proof you submit and contact the seller. In the event that Seat Leap determines that you were indeed denied entry, at no fault of your own, you will receive a full refund of the cost of the ticket including all fees and shipping charges, as the sole remedy. If the investigation results in a finding that you either did not attempt to use your tickets, you were granted entry, or your claim that you were denied entry has been found to be false, you will not be refunded and you may be subject to the consequences described below.

Lost, Stolen, or Damaged Tickets

Seat Leap is not responsible for lost, stolen, damaged or destroyed tickets and will not refund your order if you cannot locate your tickets once they are delivered to you. Seat Leap is not associated with any venue so we do not generate tickets and cannot reissue replacements.

Indemnification

You agree to indemnify, defend and hold Seat Leap, its parents, affiliates, licensors, promotional partners and service providers, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of these Terms of Use; (b) any allegation that any information you submit or transmit to the site infringe or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of Seat Leap; and/or (d) your activities in connection with your use of this site.

No Warranty

THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SEAT LEAP DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. SEAT LEAP DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. SEAT LEAP IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Arbitration and Dispute Resolution

You and Seat Leap each agree that any and all disputes, controversies, or claims arising out of or relating to: (i) these Terms of Use; (ii) your use of, or access to, this site; (iii) Seat Leap' services; or (iv) any tickets or other items sold or purchased through this site shall be resolved exclusively through final and binding arbitration rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of these Terms of Use including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms of Use is void or voidable.

If either you or Seat Leap intends to bring a claim against the other, that party must first send to the other, by certified mail, a completed Intent to Arbitrate Notice ("Intent Notice"). The Intent Notice to Seat Leap should be sent to Seat Leap, LLC, Attention: Litigation Department, 0S150 Forbes Drive, Geneva, IL 60134 or support@seatleap.io.If you and Seat Leap are unable to resolve the dispute described in the Intent Notice within thirty (30) days after the Intent Notice is sent, you or Seat Leap may initiate an arbitration proceeding.

The arbitration will be conducted by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, as modified by this agreement to arbitrate. Exclusive jurisdiction for any such arbitration shall be in Chicago, Illinois. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings, Demand for Arbitration, is available on the AAA's website. In addition to filing the Demand for Arbitration with the AAA, in accordance with its rules and procedures, you must send a copy of the completed form to Seat Leap at the following address: Seat Leap LLC, Attention: Litigation Department, 0S150 Forbes Drive, Geneva, IL 60134 or support@seatleap.io.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, Seat Leap will pay all filing, administrative and arbitrator fees associated with the arbitration. Any request for payment of fees by Seat Leap should be submitted by mail to the AAA along with the Demand for Arbitration and Seat Leap will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse Seat Leap for all fees associated with the arbitration paid by Seat Leap.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate, you must notify Seat Leap in writing within thirty (30) days of the date that you first access the site. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with Seat Leap through arbitration. Written notification should be mailed by certified mail to: Seat Leap, LLC, Attention: Litigation Department, 0S150 Forbes Drive, Geneva, IL 60134 or support@seatleap.io.

YOU AND SEAT LEAP AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND SEAT LEAP ACKNOWLEDGE AND AGREE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS YOU AND SEAT LEAP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER SEAT LEAP' USERS.

Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois, You or ticket 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 a www.adr.org. Such complaints shall be decided by an independent arbitrator in accordance with the Terms and Conditions of using Seat Leap. You and ticket sellers also agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.

Modification

Seat Leap has the right, in its sole discretion, to modify, suspend or discontinue any part of this site at any time, with or without notice.

Changes in Terms and Conditions

Seat Leap reserves the right, in its sole discretion, to change these Terms of Use at any time. If Seat Leap changes any term or condition, said modification, revision and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this site. Your continued use of the site following Seat Leap' posting of revised terms and conditions constitute your acceptance of the revised agreement.

Force Majeure

Seat Leap shall not be deemed in default or otherwise liable under these Terms of Use due to its inability to perform its obligations by reason of any act of God, fire, earthquake, blizzard, flood, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by Seat Leap' default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under Seat Leap' control.

Allocation of Risk

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 allocation of risk.

Additional Provisions

No agency, partnership, joint venture or other relationship is intended or created by your use of the site.

These Terms of Use, the use of the seatleap.io, any partner application, and our mobile application, and any purchases or acceptance of tickets hereunder will be governed by the laws of the State of Illinois, without reference to conflict of law principles.

These Terms of Use contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.

If any provision of these Terms of Use is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.