Last Updated: 7/31/2026
ARTICLE I – GENERAL TERMS
1. WHO WE ARE; THESE TERMS OF USE; CERTAIN DEFINITIONS. Thank you for using CashorTrade! CashorTrade is a digital marketplace platform that facilitates transactions between buyers and sellers (each, a “User”) of event tickets and passes (“Tickets”) and event-related merchandise through its website (cashortrade.org), its mobile application(s), and any current or future affiliated websites, applications, or platforms (collectively, the “Site”).
The terms “CashorTrade,” “we,” “us,” and “our” refer to Cash or Trade, Inc., a Delaware corporation. The terms “you” and “your” refer to any person accessing or using the Site. We make the Site available to you solely subject to these Terms of Use. “Terms of Use” or “Terms” means this document together with our Privacy Policy (available at cashortrade.org/about/privacy-policy) and our Traders Protection Guarantee, each of which is incorporated herein by reference. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.
We may modify these Terms from time to time. When we do, we will post the updated version on the Site and revise the “Last Updated” date at the top of these Terms. Any updates reflected within the mobile application may be delayed due to required third-party review processes (including by Apple or Google). In the event of any inconsistency between versions, the then-current version posted at www.cashortrade.org shall control. Except where applicable law requires additional notice or your affirmative consent, any modifications become effective upon posting. Your continued access to or use of the Site following the effective date of any modifications constitutes your acceptance of the revised Terms.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT PROVISIONS AFFECTING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. EXCEPT FOR CERTAIN LIMITED EXCEPTIONS DESCRIBED IN SECTION 22, YOU AGREE THAT CLAIMS BETWEEN YOU AND CASHORTRADE WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THIS MEANS, AMONG OTHER THINGS, THAT (1) CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING; (2) RELIEF MAY BE AWARDED ONLY ON AN INDIVIDUAL BASIS; AND (3) YOU MAY NOT HAVE THE RIGHT TO A JURY TRIAL OR TO LITIGATE CLAIMS IN COURT.
As used in these Terms:
“Active Transaction Credit Limit” means the maximum aggregate Sales Price of future-event Ticket sales that may be paid out to a seller before the applicable event(s) occur, as determined by CashorTrade in accordance with these Terms.
“Advertised Price” means the Sales Price plus any applicable Platform Fee(s), Partnership Fee(s), Processing Fee(s), and taxes collected by CashorTrade and disclosed to the buyer before checkout.
“Face Value” means, solely with respect to a Ticket, the price established by the applicable Primary Ticketing Platform at the time of the Ticket’s original issuance, including any original Primary Ticketing Platform service fees, payment processing fees, taxes, shipping charges, and dynamic pricing premiums (including Platinum or Premium pricing), but excluding any secondary-market markup, reseller fee, broker fee, Platform Fee, promotional discount, coupon, loyalty credit, gift card credit, rebate, or other post-issuance price adjustment. Face Value does not apply to Merchandise unless these Terms expressly provide otherwise.
“Merchandise” means event-related goods, apparel, collectibles, artwork, accessories, or other items listed, offered, bought, sold, or traded through the Site, excluding Tickets unless these Terms expressly state otherwise and excluding any prohibited items.
“Partnership Fee(s)” means any fee charged by CashorTrade in connection with transactions involving promotional, partner, venue, artist, organization, or other third-party relationships and remitted, in whole or in part, to the applicable partner.
“Payout Method” means a valid and active payment account designated by a User for receipt of seller payouts. CashorTrade currently uses PayPal for seller payouts but may support additional payout methods, including ACH, Venmo, or other payment methods, from time to time.
“Platform Fee(s)” means the fees charged by CashorTrade for providing and operating the Site, facilitating marketplace transactions, administering payments and payouts, maintaining marketplace functionality, providing customer support, and administering applicable Traders Protection remedies for eligible transactions.
“Primary Ticketing Platform” means the original ticket issuer or ticketing platform through which a Ticket was initially issued, including Ticketmaster, AXS, Eventim, Afton Tickets, Etix, Tixr, Front Gate Tickets, or any successor or similar primary ticketing provider.
“Processing Fee(s)” means fees incurred in connection with processing payments or transfers through the Site, including payment processor fees, credit card processing fees, and applicable Primary Ticketing Platform processing charges.
“Sales Price” means, with respect to Tickets, the Face Value plus any permitted shipping charges expressly disclosed in the listing and, with respect to Merchandise, the price agreed upon by the buyer and seller plus any permitted shipping charges expressly disclosed in the listing.
2. CASHORTRADE’S ROLE IN THE MARKETPLACE.
CashorTrade operates an online marketplace platform that facilitates transactions between buyers and sellers of Tickets and Merchandise. CashorTrade is not the issuer, seller, reseller, broker, owner, consignor, purchaser, or guarantor of any Ticket or Merchandise listed through the Site, does not take title to any Ticket or Merchandise at any time, and is not a party to the underlying transaction between buyers and sellers except to the limited extent necessary to administer payments, payouts, and Traders Protection in accordance with these Terms.
Any affiliation, integration, or relationship that CashorTrade maintains with ticketing companies, venues, event organizers, Primary Ticketing Platforms, artists, teams, leagues, promoters, or other third parties exists solely to facilitate marketplace functionality, including inventory display, pricing validation, ticket transfer functionality, transaction processing, and related marketplace services. Except as expressly stated by CashorTrade in writing, nothing on the Site should be construed as indicating that CashorTrade is affiliated with, endorsed by, sponsored by, or acting on behalf of any venue, event organizer, artist, performer, team, league, promoter, or Primary Ticketing Platform.
Information made available through the Site is provided for informational purposes only. CashorTrade does not verify or warrant the completeness, accuracy, or reliability of information supplied by sellers or other Users. Although CashorTrade administers the Traders Protection Guarantee for eligible Ticket transactions, Traders Protection is a contractual marketplace remedy and is not insurance, a guaranty, escrow service, fiduciary relationship, or financial guarantee. Accordingly, CashorTrade does not control and does not guarantee:
the existence, authenticity, quality, condition, safety, legality, or transferability of any Ticket or Merchandise;
the truthfulness, completeness, or accuracy of any listing;
the ability of any seller to complete a transaction;
the ability of any buyer to complete payment;
that any transaction will be completed;
that any Ticket or Merchandise will sell;
that any listing will appear within any particular period of time or in any particular search result or display order; or
that Site interruptions, outages, maintenance, or technical issues will not affect listings or transactions.
Except as expressly provided in the Traders Protection Guarantee, CashorTrade has no obligation to compensate any User for unsuccessful listings, failed sales, listing delays, Site unavailability, or interrupted marketplace functionality.
CashorTrade reserves the right, but assumes no obligation, to investigate listings, Users, transactions, or suspected violations of these Terms, and may take any actions expressly authorized by these Terms where CashorTrade reasonably determines such action is appropriate to protect Users, the Site, or the integrity of the marketplace.
CashorTrade integrates with certain Primary Ticketing Platforms solely to facilitate inventory display, Face Value validation, Ticket authenticity verification, and Ticket transfers. CashorTrade does not own, operate, or control any Primary Ticketing Platform and is not responsible for any acts or omissions of any such third party, including transfer restrictions, delayed transfer windows, transfer holds, barcode invalidations, inventory inaccuracies, account restrictions, identity verification requirements, application incompatibility, API failures, security measures, or any other action, inaction, policy, or technical limitation of any Primary Ticketing Platform.
3. YOUR ACCOUNT. The Site may be accessed and used only by individuals who are capable of forming legally binding contracts under applicable law, are not prohibited from using the Site under applicable law or by CashorTrade, and are at least eighteen (18) years of age. By accessing or using the Site, you represent and warrant that you satisfy all of these eligibility requirements.
To list, sell, purchase, or trade Tickets or Merchandise through the Site, you must create an account (“Account”) using accurate, current, and complete registration information, including your legal name, billing and shipping address, email address, telephone number, and one or more valid payment methods. If you register an Account on behalf of a business or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. Information collected in connection with your Account is governed by our Privacy Policy.
Your Account is personal to you. You may maintain only one Account unless CashorTrade expressly authorizes otherwise in writing. You may not use another person’s Account, permit another person to use your Account, create multiple Accounts, impersonate another person or entity, or otherwise provide false or misleading identity information. Any such conduct may result in suspension or termination of your Account, suspension of pending payouts, loss of otherwise available Traders Protection benefits, and any other remedies available to CashorTrade under these Terms or applicable law.
You are responsible for maintaining accurate and current Account information at all times. If any Account information changes, you must promptly update your Account through the Site. If you are a seller and fail to maintain accurate payout information, payout processing may be delayed, suspended, or otherwise administered in accordance with Section 13 and applicable law.
You are solely responsible for all activities occurring through your Account and for maintaining the confidentiality of your login credentials. You must promptly notify CashorTrade if you believe your Account has been compromised or accessed without authorization. Your Account may not be assigned or transferred without CashorTrade’s prior written consent.
A. Deleting Your Account. If you wish to delete your Account or request deletion of your personal information, please contact CashorTrade through the Site while logged into your Account for verification purposes. CashorTrade will process such requests in accordance with applicable law and our Privacy Policy. Deletion of your Account does not affect obligations arising from transactions completed before deletion or otherwise relieve you of obligations that survive termination under these Terms.
B. Account Verification. To protect the security and integrity of the Site, CashorTrade may require identity or Account verification where CashorTrade reasonably determines that verification is appropriate, including where fraud prevention, security concerns, payment processor requirements, regulatory obligations, unusual activity, or other legitimate business purposes warrant additional verification.
Verification may include requesting government-issued identification, proof of address, confirmation of ownership of a payment method, or other information reasonably necessary to verify your identity or authority to use the Account. CashorTrade will collect, use, retain, and protect such information in accordance with its Privacy Policy. Failure to complete requested verification within a reasonable period may result in temporary restrictions on your Account, delayed payouts, suspension of transactions, or termination of your Account where CashorTrade reasonably determines such action is necessary to protect the Site, its Users, or CashorTrade. CashorTrade reserves the right to refuse service, suspend transactions, or terminate Accounts as otherwise expressly permitted under these Terms.
C. Terminated Users. Any User whose Account has been suspended or terminated may not access or use the Site without CashorTrade’s prior written authorization. If a terminated User continues to access or use the Site, CashorTrade may cancel transactions, suspend or recover payouts, invalidate purchases made after termination to the extent permitted by applicable law, and pursue any other remedies available under these Terms or applicable law. CashorTrade reserves the right to suspend, restrict, or terminate Accounts where CashorTrade reasonably determines that a User has violated these Terms or presents fraud, security, chargeback, abuse, marketplace integrity, or other legitimate operational risks.
4. GOLD MEMBERSHIP SUBSCRIPTION. Purchase of a Gold Membership subscription provides Users with enhanced marketplace features and benefits relating to eligible Ticket transactions, which may include reduced or waived Platform Fee(s), reduced Processing Fee(s), or other promotional benefits designated by CashorTrade from time to time. Certain events, partner transactions, promotions, integrations, or other offerings may remain subject to additional Partnership Fee(s), Processing Fee(s), taxes, or other charges regardless of Gold Membership status.
CashorTrade may modify, suspend, or discontinue Gold Membership features or benefits from time to time; provided, however, that any material reduction in benefits applicable to an active subscription will apply prospectively unless otherwise required by law.
If you purchase a Gold Membership, you are enrolling in an automatically renewing subscription. Depending upon the subscription selected at purchase, your subscription will renew automatically for successive annual or six-month terms unless you cancel automatic renewal before the end of your then-current subscription term.
Subscription renewals will be charged at CashorTrade’s then-current subscription rates, together with any applicable taxes. CashorTrade may modify subscription pricing, Platform Fee(s), Processing Fee(s), or other charges from time to time. Any such modifications will apply prospectively beginning with your next renewal term. Where required by applicable law, CashorTrade will provide advance notice of material pricing changes and an opportunity to cancel your subscription before the new pricing becomes effective.
You may cancel automatic renewal at any time through your Account before your next renewal date. Cancellation prevents future renewal but does not affect the remainder of your current subscription term. Gold Membership benefits will continue until the end of the then-current subscription period.
If your subscription automatically renews and you request a refund within thirty (30) calendar days following renewal, CashorTrade will refund your renewal fee provided that, during that thirty-day period, your Account has not been used to purchase, sell, trade, list, request, create alerts for, or otherwise engage in Ticket or Merchandise marketplace activity. Once qualifying marketplace activity has occurred during that thirty-day period, or once thirty (30) days have elapsed following renewal, the renewal fee becomes non-refundable except where otherwise required by applicable law. Unless you provide a valid exemption certificate or other documentation establishing that applicable taxes are not owed, CashorTrade may collect applicable taxes in connection with your subscription.
If you initiate a chargeback relating to a Gold Membership subscription without first making a good-faith effort to resolve the matter through CashorTrade Support, CashorTrade may recover a chargeback administration fee equal to the greater of (i) $50 or (ii) the actual amounts incurred by CashorTrade from its payment processor together with commercially reasonable administrative costs, to the extent permitted by applicable law. CashorTrade may also suspend or restrict Accounts associated with fraudulent, abusive, or repeated chargeback activity as otherwise permitted under these Terms.
5. YOUR USER CONTENT. You are solely responsible for the accuracy, legality, reliability, and appropriateness of any information, text, photographs, images, videos, communications, listings, reviews, or other content that you submit, upload, post, transmit, or otherwise make available through the Site (“User Content”). By submitting User Content, you represent and warrant that: (i) you own or otherwise possess all rights, permissions, licenses, and authority necessary to submit the User Content and to grant the rights described in these Terms; (ii) your User Content does not infringe, misappropriate, or otherwise violate any intellectual property right, privacy right, publicity right, contractual right, or other right of any third party; (iii) your User Content does not contain confidential or proprietary information belonging to another person or entity unless you are authorized to disclose it; and (iv) your User Content otherwise complies with these Terms and all applicable laws.
By submitting User Content, you grant CashorTrade a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, create derivative works from, and otherwise use such User Content solely as reasonably necessary to operate, maintain, improve, secure, administer, market, and provide the Site and CashorTrade’s services.
This license continues for the duration of any applicable intellectual property rights in the User Content; provided, however, that CashorTrade will cease publicly displaying User Content within a commercially reasonable period after it is removed from the Site, subject to backups, archival copies, legal compliance obligations, dispute resolution requirements, fraud prevention, internal business records, or other legitimate operational purposes.
You grant CashorTrade the right to use your name, username, profile information, likeness, and associated branding in connection with your User Content as reasonably necessary to exercise the foregoing license. To the maximum extent permitted by applicable law, you waive any moral rights (or similar rights) you may have in your User Content and agree not to assert such rights against CashorTrade or its sublicensees to the extent necessary for CashorTrade to exercise the rights granted under these Terms.
CashorTrade may make available catalogs, stock images, descriptions, specifications, or similar content supplied by third parties (“Catalog Content”). Catalog Content is provided solely as a convenience for use in connection with listings on the Site. CashorTrade does not warrant the accuracy or completeness of any Catalog Content. You may use Catalog Content only in connection with your CashorTrade listings while those listings remain active. Except as expressly permitted by these Terms, you may not reproduce, distribute, modify, create derivative works from, or otherwise exploit any Catalog Content.
6. PROHIBITED USES OF THE SITE. You agree that you will not, directly or indirectly:
(i) use the Site for any purpose that violates applicable law or these Terms;
(ii) contact, solicit, or attempt to move transactions or communications with other Users outside the Site for the purpose of avoiding Platform Fees, Traders Protection, or other Site requirements;
(iii) harvest, collect, scrape, or otherwise obtain information about Users without their consent;
(iv) manipulate listings, pricing, search rankings, reviews, ratings, or other marketplace functionality;
(v) copy, reproduce, distribute, modify, reverse engineer, decompile, disassemble, create derivative works from, or otherwise exploit any portion of the Site or its software except as expressly permitted by these Terms;
(vi) commercialize, license, sublicense, or resell the Site or any portion of the Site;
(vii) infringe or violate any intellectual property or other proprietary rights;
(viii) submit false, inaccurate, misleading, fraudulent, or deceptive information or impersonate another person or entity;
(ix) upload or transmit malware, viruses, malicious code, or other harmful technology;
(x) access or attempt to access systems, servers, accounts, or data that you are not authorized to access;
(xi) use robots, spiders, crawlers, scrapers, bots, data mining tools, artificial intelligence agents, automated scripts, or similar automated means to access or interact with the Site except as expressly authorized by CashorTrade in writing;
(xii) interfere with, disrupt, disable, overburden, impair, or circumvent the operation or security of the Site;
(xiii) engage in abusive, threatening, harassing, discriminatory, defamatory, fraudulent, deceptive, or otherwise harmful conduct toward CashorTrade personnel or other Users;
(xiv) engage in conduct that CashorTrade reasonably determines is fraudulent, abusive, deceptive, unlawful, harmful to other Users, inconsistent with the intended purpose of the Site, or likely to expose CashorTrade, its Users, or third parties to legal liability, security risks, regulatory concerns, or reputational harm;
(xv) violate applicable venue policies, event rules, or the terms of any Primary Ticketing Platform or other third-party service used in connection with the Site;
(xvi) purchase Tickets on CashorTrade for the purpose of reselling those Tickets on CashorTrade or another marketplace at a profit. Tickets purchased through CashorTrade below Face Value may not subsequently be resold through CashorTrade or any other secondary marketplace for an amount exceeding the purchaser’s acquisition cost; or
(xvii) access or attempt to access the Site through a new or replacement Account following suspension or termination of another Account without CashorTrade’s prior written authorization.
CashorTrade may investigate suspected violations of this Section and may suspend transactions, withhold payouts, remove listings, restrict Account functionality, suspend or terminate Accounts, or take any other actions expressly authorized by these Terms where CashorTrade reasonably determines such action is appropriate to protect the Site, its Users, or the integrity of the marketplace.
ARTICLE II – TICKET TRANSACTIONS
7. BUYING TICKETS.
A. Legally Binding Contract to Purchase. All Ticket sales are final. You are responsible for carefully reviewing the complete Ticket listing before committing to purchase a Ticket. When you place an order or submit a purchase request for a Ticket through the Site, you are entering into a legally binding contract with the seller to purchase that Ticket, subject to the applicable transaction flow.
CashorTrade may support multiple transaction flows, including: (i) buyer request flows, in which a buyer submits a purchase request that the seller may accept or decline; and (ii) direct purchase flows, in which the buyer immediately completes the purchase through the Site. In all cases, the full Advertised Price is due and payable upon completion or acceptance of the applicable transaction flow. By completing the applicable transaction flow, you agree to pay the full Advertised Price and authorize CashorTrade to process payment in accordance with Section 13 of these Terms.
If, notwithstanding CashorTrade’s marketplace policies, you knowingly submit a purchase request for a Ticket listed above its permitted Sales Price and the seller accepts that request, you remain responsible for paying the agreed purchase price reflected in your accepted order. CashorTrade shall have no liability arising solely from your voluntary agreement to purchase such Ticket.
You may withdraw a purchase request at any time before the seller accepts it. Once the seller has accepted your purchase request, or once a direct purchase has been completed through the Site, the transaction becomes final and may not be cancelled or modified except as expressly provided in these Terms. If you are ultimately unable to attend the event, CashorTrade encourages you to relist your Ticket on the Site so that another fan may attend. CashorTrade may establish reasonable purchase limits for particular events, Users, or transactions in order to protect marketplace integrity, prevent fraud, discourage abusive purchasing practices, or comply with applicable event restrictions. You acknowledge that CashorTrade acts solely as a marketplace facilitator and does not own, issue, possess, list, transfer, or sell any Ticket made available through the Site.
B. Delivery and Receipt. Following confirmation of payment, the seller will deliver the Ticket using the delivery method specified in the listing. If physical delivery is required, you are responsible for ensuring that the seller has your correct delivery address. If you provide an incorrect, incomplete, or outdated delivery address, you may be responsible for any additional delivery costs reasonably incurred in completing delivery.
If the Ticket is delivered electronically, you are responsible for monitoring your email account, including spam, junk, and promotional folders, and for timely accepting any transfer initiated through the applicable Primary Ticketing Platform. You are also responsible for complying with any transfer instructions or deadlines imposed by the applicable Primary Ticketing Platform.
As soon as you have received the Ticket and confirmed that it is the correct Ticket - but not before - you agree to mark the Ticket as “Received” through the Site. Delaying or failing to confirm receipt may delay seller payout processing and may negatively affect your Account standing, transaction history, or buyer rating. Do not mark a Ticket as “Received” until you have actually received and verified the Ticket. Once a Ticket has been marked as received, your eligibility for certain Traders Protection remedies or refunds may be limited as provided in these Terms.
C. Invalid Ticket Dispute. If you believe you have received an invalid Ticket, you must follow the procedures set forth below in order to remain eligible for any applicable Traders Protection remedy or refund.
1. Confirm that the Ticket will not scan. If you are using a mobile Ticket, increase your device’s screen brightness and ask venue personnel to scan the Ticket again. If possible, ask a different staff member to scan the Ticket using a different scanner. You should also visit the venue box office and request that it attempt to scan the Ticket.
2. Obtain supporting evidence. If the Ticket still cannot be validated, obtain a written receipt or other written confirmation from the venue or box office stating that the Ticket was invalid, if available. If reasonably possible, also capture photographs or video showing the Ticket barcode together with the scanner error or other evidence demonstrating that the Ticket could not be used. If venue personnel refuse to provide written confirmation, you should make reasonable efforts to document the circumstances using other available evidence.
3. Report the issue promptly. Within twenty-four (24) hours after the applicable event gate entry, report the issue through the “Report Issue with Ticket” function on the Site and upload all reasonably available supporting documentation and evidence. CashorTrade may require up to thirty (30) days to investigate the matter. During the investigation, you agree to cooperate in good faith and promptly provide any additional information reasonably requested by CashorTrade.
D. Chargeback Process. Before initiating a chargeback with your bank or credit card issuer relating to a Ticket purchase, you agree to make a good-faith effort to resolve the matter through CashorTrade Support. In many cases, CashorTrade can investigate the issue and, where appropriate, resolve the dispute or issue a refund without requiring a chargeback.
If you initiate a chargeback, CashorTrade will recover a chargeback administration fee equal to the greater of: (i) $50; or (ii) the actual amounts incurred by CashorTrade from its payment processor together with commercially reasonable administrative costs, to the extent permitted by applicable law. CashorTrade may also suspend or restrict Accounts associated with fraudulent, abusive, or repeated chargeback activity as otherwise permitted under these Terms.
8. SELLING TICKETS.
A. Legally Binding Contract to Sell at Face Value or Below. By listing a Ticket for sale on the Site, you are making a binding offer to sell the specific Ticket described in your listing at its Face Value or below, subject to these Terms. You may not charge or pass through to the buyer any convenience, handling, broker, reseller, or similar fee. For the avoidance of doubt, if you purchased the Ticket through a secondary marketplace (including SeatGeek, TickPick, Ticketmaster Resale, AXS Resale, or a similar secondary marketplace), you may not pass through to the buyer any secondary-market markup or premium that you paid.
You may modify or remove your listing at any time before the Ticket has been purchased. Once a buyer purchases your Ticket through the Site, you are contractually obligated to deliver the specific Ticket described in the listing at the agreed Sales Price and within the required delivery timeframe. You are solely responsible for monitoring your listings and ensuring that all listing information remains accurate and current.
You may not intentionally cancel, refuse to complete, or otherwise interfere with a completed Ticket transaction for the purpose of relisting the same or substantially similar Ticket(s) at a higher price or otherwise circumventing CashorTrade’s Face Value marketplace policies.
You are responsible for determining whether taxes apply to your Ticket sales and for collecting and remitting any taxes for which you are legally responsible, except where CashorTrade is required by law to calculate, collect, or remit applicable taxes. Any taxes payable by the buyer must be included in the Sales Price.
You agree to provide CashorTrade with your Social Security Number, taxpayer identification number, or other tax information if reasonably requested in connection with applicable tax reporting obligations, including IRS Form 1099-K reporting or similar legal requirements. You authorize CashorTrade to provide such information to applicable governmental authorities to the extent required by law.
B. Listing Terms. By listing a Ticket, you represent, warrant, and covenant that the Ticket: (i) is authentic; (ii) is transferable through the delivery method described in the listing, subject only to restrictions imposed by the applicable Primary Ticketing Platform, venue, or event organizer that are either disclosed in the listing or arise after listing through no fault of the seller; (iii) is either currently in your possession or has been validly purchased and is expected to become available for delivery on or before the stated in-hand date; (iv) was not stolen, counterfeited, fraudulently obtained, or acquired through unauthorized or unlawful means; and (v) is not being offered for sale in violation of any applicable law or any contractual restrictions binding upon you.
You are responsible for providing complete, accurate, and current information regarding each Ticket listing, including the event name, event location, event date and time, section, row, seat number, and any material seating disclosures, including, where applicable: obstructed or limited view, wheelchair seating, wheelchair-accessible seating, alcohol-free seating, behind-stage seating, side-stage seating, age restrictions, or any other material characteristic that could reasonably affect a buyer’s purchasing decision.
You are also responsible for accurately identifying any additional features included with the Ticket, including aisle seating, parking passes, camping passes, VIP access, or similar benefits. If any material aspect of your listing changes after it is posted, you must promptly update the listing or remove it. CashorTrade may remove listings, require additional verification, cancel transactions, or take other actions expressly authorized by these Terms where CashorTrade reasonably determines that a listing is inaccurate, misleading, incomplete, fraudulent, inconsistent with these Terms, or otherwise threatens the integrity of the marketplace.
You are responsible for ensuring that all Ticket barcodes, QR codes, confirmation numbers, order numbers, LivePhish codes, and other redemption or access codes remain concealed in any photographs or images included in your listing. You bear all responsibility for any loss resulting from your failure to conceal such information.
You are responsible for accurately representing when your Ticket will become available for transfer or shipment. Tickets that are not yet in your possession (“not in hand”) may be listed only if you reasonably expect to obtain possession of the Ticket by the stated in-hand date. If your in-hand date changes after the Ticket has been sold, you must promptly notify CashorTrade. CashorTrade may recover any additional costs or expenses incurred as a result of the delay as otherwise provided in these Terms.
You are responsible for selecting the appropriate delivery method for your Ticket, including electronic transfer, mobile ticket, PDF ticket, physical ticket, or will-call pickup. Once your Ticket has been sold, you may not change the listed delivery method without the buyer’s consent and CashorTrade’s approval. If you are delivering physical Tickets, you must upload a photograph showing the barcode for each Ticket to the CashorTrade message thread after the sale and before shipment.
C. Delivery Terms. Time is of the essence with respect to all seller delivery obligations under this Section. You are solely responsible for ensuring timely delivery of the Ticket using the delivery method described in your listing. CashorTrade may recover from you any buyer refunds, replacement Ticket costs, chargebacks, Processing Fees, and other commercially reasonable costs and expenses incurred as a result of your failure to satisfy your delivery obligations, as provided elsewhere in these Terms.
You must transfer: (i) in-hand electronic or PDF Tickets immediately after accepting the buyer’s purchase request; and (ii) not-in-hand electronic or PDF Tickets as soon as they become transferable, and in all events no later than twenty-four (24) hours before the event unless the applicable Primary Ticketing Platform makes transfer unavailable until a later time.
You must ship: (i) in-hand physical Tickets within twenty-four (24) hours after accepting the buyer’s purchase request; and (ii) not-in-hand physical Tickets within twenty-four (24) hours after the stated in-hand date, and in all cases sufficiently in advance to permit delivery no later than one (1) full day before the event.
For same-day Ticket sales, you must deliver the Ticket within one (1) hour after accepting the purchase request unless the buyer expressly agrees to a later delivery time.
Upon request, you must provide reasonable evidence demonstrating timely delivery, including the following, as applicable:
1. Electronic Transfers. For Tickets transferred through a Primary Ticketing Platform, you must initiate the transfer through the applicable platform as soon as transfer functionality becomes available. Sellers must retain all transfer confirmation and acceptance emails generated by the Primary Ticketing Platform, as such records may be required in connection with a Ticket dispute.
CashorTrade is not responsible for delayed transfer functionality, transfer restrictions, account limitations, barcode invalidations, identity verification requirements, API failures, security measures, or other actions or omissions of any Primary Ticketing Platform.
2. PDF Tickets. For PDF Tickets, you must upload the Ticket or other reasonable evidence demonstrating delivery through the CashorTrade message thread, which may serve as evidence of delivery.
3. In-Person Transfers. For in-person transfers, the buyer must mark the Ticket as received through the Site at the time of delivery. Failure to complete delivery may result in delayed payout processing and/or a Dropped Sale.
4. Physical Shipments. For physical shipments, you must retain proof of shipment and proof of delivery from the carrier. CashorTrade recommends using a commercially reasonable shipping method that provides delivery tracking and timely delivery. Unless requested by the buyer, CashorTrade also recommends avoiding signature-required delivery and obtaining carrier insurance where available.
D. Dropped Sales. If you become aware that you may be unable to complete a Ticket sale, you must notify CashorTrade immediately. Prompt notice does not excuse a Dropped Sale but may permit CashorTrade to mitigate damages by arranging a replacement Ticket or other appropriate marketplace remedy. If you provide timely notice, and the buyer accepts a replacement Ticket that CashorTrade reasonably determines to be substantially equivalent or better than the originally purchased Ticket (or of lesser value with the buyer’s express consent), CashorTrade may elect not to impose additional Dropped Sale-related fees. A “Dropped Sale” means any Ticket transaction that a seller fails to complete in accordance with these Terms, including, without limitation:
(i) failure to deliver the specific Ticket described in the listing;
(ii) failure to deliver the Ticket within the required timeframe;
(iii) delivery of a Ticket materially different from the listing;
(iv) failure to provide an acceptable replacement Ticket where required;
(v) failure to appear for an agreed in-person transfer;
(vi) delivery of a Ticket that is invalid for any reason other than an error attributable solely to the applicable venue, event organizer, or Primary Ticketing Platform;
(vii) failure to reasonably cooperate with CashorTrade during the investigation of a Ticket dispute;
(viii) failure of the Ticket to scan at the event as supported by reasonably sufficient evidence;
(ix) failure to provide a written purchase receipt when required under these Terms;
(x) requesting material changes to the completed transaction that are rejected by the buyer or CashorTrade;
(xi) failure to deliver replacement Tickets issued by the venue or Primary Ticketing Platform; or
(xii) failure to deliver replacement Ticket formats accepted by the buyer following changes implemented by the applicable Primary Ticketing Platform.
If the Primary Ticketing Platform changes the Ticket type and the buyer declines to accept the replacement Ticket type, the buyer will be entitled to the remedies otherwise provided under these Terms.
E. Seller Financial Responsibility for Dropped Sales. In the event of a Dropped Sale, the buyer will be entitled to a full refund as provided in these Terms. CashorTrade may recover from the seller any buyer refunds, replacement Ticket costs, chargebacks, Processing Fees, customer support expenses, and other commercially reasonable costs and expenses incurred by CashorTrade as a result of the Dropped Sale, pursuant to the payment authorization set forth in Section 13.
In cases involving repeated violations, intentional misconduct, fraud, bad-faith conduct, or abuse of the Site, CashorTrade may additionally assess a Dropped Sale administrative fee of up to one hundred fifty percent (150%) of the direct costs incurred by CashorTrade in connection with the Dropped Sale, to the extent permitted by applicable law. CashorTrade may also flag, suspend, restrict, or terminate the seller’s Account and/or reduce the seller’s Active Transaction Credit Limit where CashorTrade reasonably determines such action is appropriate to protect the Site, its Users, or the integrity of the marketplace.
9. TRADING TICKETS; FAIR TRADE POLICY. To offer or accept a Ticket trade through the Site, you must possess a valid receipt for the Ticket you are offering in trade. Each trade must involve Tickets of substantially equivalent value. If a trade involves Tickets of unequal value, the difference must be resolved through the cash payment functionality provided by the Site, if available. “Trade bundling,” including offering multiple lower-value Tickets in exchange for a single higher-value Ticket without an agreed cash adjustment, is prohibited.
Except to the extent expressly modified by this Section, all provisions of these Terms applicable to Ticket purchases and sales also apply to Ticket trades, including all obligations relating to listing accuracy, delivery, dispute resolution, Traders Protection eligibility, and payment processing. Any applicable Platform Fee(s), Processing Fee(s), Partnership Fee(s), and other transaction-related fees will be calculated based on the aggregate value of the Tickets involved in the trade.
10. EVENT CHANGES.
A. Event Cancellation. If an event is canceled and not rescheduled, CashorTrade may remove the event and all related listings from the Site and may notify affected buyers and sellers regarding the cancellation and any applicable next steps.
If the seller must return the original Ticket to the applicable Primary Ticketing Platform, venue, or event organizer in order to obtain a refund, the seller must promptly notify both the buyer and CashorTrade upon becoming aware of that requirement. The buyer must retain the Ticket and, upon CashorTrade’s request, return the Ticket to either the seller or CashorTrade in accordance with the instructions provided.
After the buyer has complied with any applicable Ticket return requirements, the buyer may be eligible for a refund, Account credit, or other remedy as provided under the applicable Traders Protection Guarantee, these Terms, applicable law, and payment processor requirements. Unless otherwise required by applicable law, Platform Fee(s) and Processing Fee(s) are non-refundable.
The seller will not receive payout for a Ticket relating to an event that has been canceled and not rescheduled. CashorTrade may recover any payout previously issued to the seller in accordance with the payment authorization set forth in Section 13. If CashorTrade is unable to recover such amounts through ordinary payment processing, CashorTrade may offset the amount against future payouts, suspend the seller’s Account or payout privileges, pursue commercially reasonable collection efforts, and exercise any other rights or remedies available under these Terms or applicable law. To the extent permitted by law, the seller may also be responsible for commercially reasonable third-party collection costs.
If an event is only partially canceled, any applicable refund or credit will follow the refund policy established by the applicable Primary Ticketing Platform or event organizer. Any refund amount relating to a transaction completed through the Site will be based upon the Sales Price paid through CashorTrade, rather than the seller’s original acquisition cost.
B. Postponements, Reschedulings, Venue Changes, and Line-Up Changes. If an event is postponed, rescheduled, relocated to a different venue, or experiences a performer or line-up change, and the original Ticket remains valid for admission to the modified event, the transaction will not qualify for a refund or other compensation solely as a result of such change. CashorTrade does not guarantee that it will notify Users of cancellations, postponements, reschedulings, venue changes, performer substitutions, or other event modifications, and CashorTrade assumes no responsibility for monitoring or communicating information published by venues, event organizers, artists, teams, promoters, or Primary Ticketing Platforms.
11. MERCHANDISE TRANSACTIONS. If you offer Merchandise for sale through the Site, you must comply with these Terms and all applicable federal, state, local, and international laws and regulations, including those relating to consumer protection, advertising, product safety, labeling, intellectual property, and unfair or deceptive trade practices. You are responsible for ensuring that any shop policies you establish are consistent with these Terms and applicable law.
You are solely responsible for the accuracy, completeness, and currency of your Merchandise listings, including photographs, descriptions, dimensions, condition, processing times, shipping methods, estimated shipment dates, and any other material information that could reasonably affect a buyer’s purchasing decision.
Before requesting assistance from CashorTrade regarding a Merchandise dispute, buyers and sellers are expected to make a good-faith effort to resolve the dispute directly through the communication tools provided on the Site. CashorTrade may make available messaging tools, refund functionality, payment adjustment tools, or other dispute-resolution features for this purpose.
You are solely responsible for determining and satisfying your tax obligations arising from Merchandise transactions, including sales, use, income, value-added, or similar taxes, except where CashorTrade is expressly required by applicable law to calculate, collect, or remit such taxes. CashorTrade may provide optional tax calculation or reporting tools for convenience only, and you remain responsible for verifying the accuracy and applicability of any such information.
If either the buyer or seller reports a Merchandise dispute to CashorTrade, both parties agree to cooperate in good faith with CashorTrade’s investigation by promptly providing reasonably requested information, preserving relevant records, responding to communications, and taking commercially reasonable actions requested by CashorTrade to facilitate resolution of the dispute.
If a buyer initiates a chargeback and the seller is unable to provide reasonable proof of delivery, the seller may be responsible for reimbursing CashorTrade for the purchase price, applicable chargeback amounts, payment processor fees, and commercially reasonable administrative costs incurred in connection with the chargeback, as provided in Section 13.
Buyers and sellers agree that all Merchandise transactions initiated through the Site must be completed exclusively through the Site using payment methods authorized by CashorTrade. You may not use the Site to identify or contact another User for the purpose of completing a Merchandise transaction outside the Site or otherwise circumventing Platform Fees, Processing Fees, Traders Protection, or other marketplace requirements.
If CashorTrade reasonably determines that you have intentionally circumvented the Site in connection with a Merchandise transaction, CashorTrade may assess a Marketplace Circumvention Fee equal to twenty percent (20%) of the value of the applicable Merchandise transaction, determined based upon the amount the transaction reasonably would have been worth if completed through the Site. CashorTrade may recover such amounts pursuant to the payment authorization set forth in Section 13.
In addition to any Marketplace Circumvention Fee, CashorTrade may remove Merchandise listings, suspend or terminate your Merchandise shop, suspend or terminate your Account, withhold or offset payouts, or take any other actions expressly authorized by these Terms where CashorTrade reasonably determines such action is appropriate to protect the Site, its Users, or the integrity of the marketplace.
12. PLATFORM FEES. In addition to any applicable taxes and Processing Fee(s), CashorTrade charges a Platform Fee to buyers who do not maintain an active Gold Membership. Unless otherwise disclosed on the Site, the standard Platform Fee is ten percent (10%) of the applicable Sales Price.
Notwithstanding Gold Membership status, certain transactions - including, by way of example, packages with a Sales Price exceeding $2,500, partnered events, special promotions, premium offerings, or other designated transactions - may remain subject to Platform Fee(s), Partnership Fee(s), Processing Fee(s), or other charges. Any applicable fees will be disclosed to the buyer before completion of the transaction.
Platform Fee(s) help fund the operation and maintenance of the Site, payment and payout administration, customer support, marketplace operations, fraud prevention, security measures, and the administration of applicable Traders Protection remedies for eligible transactions. Unless otherwise required by applicable law or expressly provided in these Terms or the applicable Traders Protection Guarantee, Platform Fee(s) and Processing Fee(s) are non-refundable.
CashorTrade may modify its Platform Fee(s), Processing Fee(s), Partnership Fee(s), or other marketplace fees from time to time. Any changes will apply prospectively only and will not affect transactions that have already been completed. The applicable fees for any transaction will be those disclosed to the buyer before the buyer completes the applicable transaction flow through the Site.
If CashorTrade is required to reverse, recover, or refund amounts previously paid to a seller, including in connection with canceled transactions, Dropped Sales, chargebacks, or other payment reversals, any applicable Processing Fee(s) incurred by CashorTrade in connection with such recovery may also be recovered from the seller pursuant to the payment authorization set forth in Section 13, to the extent permitted by applicable law.
13. COLLECTION OF PAYMENTS; TRADERS PROTECTION.
A. Site Participation Conditions; Payment Processing; Collection Rights. To purchase, sell, or trade Tickets or Merchandise through the Site, you must maintain one or more valid payment methods associated with your Account. To receive seller payouts, you must maintain a valid and active Payout Method approved by CashorTrade. CashorTrade currently utilizes PayPal for seller payouts but may support additional payout methods from time to time.
By using the Site to purchase, sell, or trade Tickets or Merchandise, you authorize CashorTrade and its designated payment processors to facilitate payment collection, payment processing, refunds, payment reversals, offsets, and seller payouts in accordance with these Terms. Payment by a buyer through the Site fully satisfies the buyer’s payment obligation to the seller for the applicable transaction.
CashorTrade operates solely as a marketplace platform and payment administrator. CashorTrade is not a bank, escrow agent, trustee, custodian, fiduciary, insurer, guarantor, broker, money transmitter, or other regulated financial institution with respect to transactions conducted through the Site. Except as expressly provided under the Traders Protection Guarantee, CashorTrade does not guarantee payment, collection, or performance by any User.
Seller payouts are contingent upon CashorTrade’s successful receipt of the corresponding buyer payment and the seller’s continued compliance with these Terms. CashorTrade may delay, suspend, reverse, or withhold payouts where reasonably necessary to investigate fraud, resolve disputes, comply with legal obligations, verify identity, address payment processor requirements, or otherwise protect the Site, its Users, or the integrity of the marketplace.
If you fail to satisfy your obligations under these Terms, including by failing to complete a transaction, causing a Dropped Sale, initiating or causing a chargeback, receiving an overpayment, receiving funds to which you are not entitled, or otherwise becoming indebted to CashorTrade, you authorize CashorTrade, to the maximum extent permitted by applicable law, to recover such amounts by any one or more of the following methods:
(i) charging any payment method associated with your Account;
(ii) offsetting or deducting amounts from pending or future seller payouts;
(iii) reversing or canceling pending payouts;
(iv) applying Account credits otherwise payable to you;
(v) recovering funds through payment processors or financial institutions;
(vi) pursuing commercially reasonable collection efforts, including the use of third-party collection agencies; and
(vii) exercising any other rights or remedies available under these Terms or applicable law.
Amounts recoverable under this Section may include buyer refunds, replacement Ticket costs, Marketplace Circumvention Fees, Dropped Sale costs, Platform Fee(s), Processing Fee(s), Partnership Fee(s), chargebacks, payment processor fees, customer support expenses, collection costs (to the extent permitted by law), administrative costs reasonably incurred by CashorTrade, Accidental Overpayments, and any other amounts properly owed under these Terms.
CashorTrade may suspend transactions, withhold payouts, limit Account functionality, or suspend or terminate Accounts while amounts remain outstanding or while CashorTrade reasonably investigates suspected fraud, abuse, security concerns, payment disputes, or other violations of these Terms.
If your Account becomes delinquent, CashorTrade may engage one or more third-party collection agencies or other lawful collection mechanisms. To the maximum extent permitted by applicable law, you agree to reimburse CashorTrade for commercially reasonable third-party collection costs incurred in recovering amounts properly owed under these Terms. CashorTrade and any authorized collection agency may report delinquent obligations to consumer reporting agencies where permitted by applicable law. Any disputes regarding information reported by CashorTrade should be directed to CashorTrade. Any disputes regarding information reported by a third-party collection agency should be directed to that collection agency.
B. Traders Protection Guarantee. The Traders Protection Guarantee is CashorTrade’s contractual marketplace protection program applicable to eligible Ticket transactions completed through the Site. Traders Protection is not insurance, a guaranty, an escrow service, a trust arrangement, or any other regulated financial product or service.
Except as expressly provided in the applicable Traders Protection Guarantee, CashorTrade does not guarantee the performance of buyers or sellers and assumes no liability arising from User conduct.
Only eligible Ticket transactions completed through the Site using supported payment methods qualify for Traders Protection. Ticket trades or exchanges that do not involve a qualifying payment transaction through the Site are not eligible unless expressly stated otherwise by CashorTrade.
Traders Protection remedies are limited to the amount actually paid for the applicable Ticket transaction through the Site. Unless expressly provided in the applicable Traders Protection Guarantee, Traders Protection does not cover consequential damages, travel expenses, lodging expenses, replacement Ticket costs exceeding the original purchase price, lost profits, emotional distress, incidental damages, or other indirect losses.
Upon completion of a Ticket sale, the seller’s payout status will be designated as “Pending.” Payout timing depends upon the seller’s Active Transaction Credit Limit (“ATCL”), Active Transaction Balance, transaction characteristics, verification status, and the payout rules described below.
C. Active Transaction Credit Limit (ATCL) and Seller Payout Processing. Every new seller Account begins with an ACTL of zero dollars ($0). Once the seller maintains a valid payment method and satisfies CashorTrade’s eligibility requirements, CashorTrade may increase the seller’s ATCL based upon Account history, successful transaction history, fraud risk, marketplace activity, and other operational considerations. As of the effective date of these Terms, CashorTrade generally applies the following eligibility guidelines:
Six (6) months with a valid payment method on file and at least three (3) successfully completed sales: ATCL of $1,000.
Twelve (12) months with a valid payment method on file and at least ten (10) successfully completed sales: ATCL of $2,000.
CashorTrade may increase, decrease, suspend, or otherwise modify a seller’s ATCL where CashorTrade reasonably determines such action is appropriate based upon transaction history, fraud prevention, payment risk, dispute history, Account standing, marketplace integrity, or other legitimate business considerations. For purposes of these Terms:
“Active Transaction Balance” means the aggregate Sales Price of all Tickets sold for events that have not yet occurred, including both unpaid transactions and transactions for which payout has already been issued before the event. Where a seller’s Active Transaction Balance:
remains below the seller’s applicable ATCL, payout generally will be initiated on the business day following the buyer’s confirmation that the Ticket has been received, provided no dispute or other payment hold exists;
exceeds the applicable ATCL, payout generally will be initiated three (3) days after the applicable event concludes, provided no dispute, payment hold, fraud investigation, verification requirement, or other issue affecting payout exists.
Notwithstanding the foregoing, CashorTrade may delay, suspend, or withhold payout where reasonably necessary because of: (i) the type of Ticket or event; (ii) transfer restrictions; (iii) event-specific risks; (iv) payment processor requirements; (v) identity verification requirements; (vi) fraud prevention efforts; (vii) pending disputes; (viii) event cancellation or postponement; or (ix) any other circumstance that CashorTrade reasonably determines presents elevated operational or financial risk.
CashorTrade or its payment processor may require identity verification before issuing payouts. Verification may include original purchase receipts, transfer confirmations, government-issued identification, payment method verification, photographs, or other documentation reasonably necessary to verify ownership of the Tickets, the legitimacy of the transaction, or the identity of the seller.
Failure to provide requested verification information within a reasonable time may delay, suspend, or prevent payout until verification has been satisfactorily completed.
D. Payout Timing; High-Risk Transactions; Failed Payouts. Certain transactions present elevated operational or fraud risk and may require additional review before payout. Accordingly, payout processing for high-risk events, VIP packages, CID packages, resort packages, premium hospitality packages, or other transactions designated by CashorTrade may be delayed until three (3) days after the applicable event concludes or until CashorTrade reasonably determines that the transaction has been successfully completed.
As part of its review, CashorTrade or its payment processor may require additional documentation, including the original Ticket purchase receipt, transfer confirmations, proof of ownership, government-issued identification, payment method verification, or other documentation reasonably necessary to verify the legitimacy of the transaction or the seller’s identity. Failure to timely provide requested documentation may delay or prevent payout until the requested verification has been satisfactorily completed.
If a seller fails to maintain a valid and active Payout Method capable of receiving funds associated with a completed transaction, or if payout cannot be completed because of inaccurate Account information, payment processor rejection, or another issue attributable to the seller, CashorTrade will make commercially reasonable efforts to complete the payout for a period of one hundred eighty (180) days following the initial payout attempt.
If CashorTrade remains unable to complete the payout during that period, CashorTrade may suspend active payout processing for the transaction and administratively reclassify the unpaid funds for accounting and operational purposes, subject at all times to applicable law, including applicable unclaimed property or escheat laws. Such administrative treatment does not waive any rights or obligations of either party. If the seller subsequently provides a valid Payout Method and CashorTrade determines that payment remains due under these Terms and applicable law, CashorTrade may resume or reissue the payout.
Unless otherwise stated, payouts are generally initiated Monday through Friday during normal banking hours, excluding recognized banking holidays. Once initiated, payout timing depends upon the applicable payment processor and financial institution. Non-U.S. payout accounts may be subject to additional fees imposed by the applicable payment provider.
E. Accidental Overpayments. If CashorTrade mistakenly sends, credits, or otherwise transfers funds to a User in excess of the amount properly payable under these Terms (an “Accidental Overpayment”), the recipient has no right to retain those funds. A User who receives an Accidental Overpayment agrees to promptly notify CashorTrade upon becoming aware of the error and to cooperate in good faith to facilitate recovery of the overpaid amount. CashorTrade may recover an Accidental Overpayment using any of the recovery methods authorized under Section 13(A), including by charging a payment method associated with the Account, offsetting future payouts, reversing pending payouts where available, or pursuing other lawful recovery methods. The fact that an Accidental Overpayment was not immediately detected or recovered does not waive CashorTrade’s right to recover the funds or any other remedies available under these Terms or applicable law.
F. Right of Setoff. To the maximum extent permitted by applicable law, CashorTrade may offset any amounts properly owed to CashorTrade under these Terms against any amounts otherwise payable by CashorTrade to the applicable User, including pending payouts, Account credits, refunds, or other payment obligations. CashorTrade’s exercise of any right of setoff is cumulative and does not limit any other contractual, equitable, or legal remedies available to CashorTrade.
G. No Waiver. No delay or failure by CashorTrade to exercise any right or remedy relating to payments, collections, offsets, overpayments, chargebacks, refunds, or other monetary obligations shall constitute a waiver of that right or remedy.
H. Survival. The payment obligations, reimbursement obligations, collection rights, offset rights, overpayment recovery rights, Traders Protection provisions, and all other obligations under this Section that by their nature are intended to survive shall survive the suspension or termination of a User’s Account and the expiration or termination of these Terms.
ARTICLE III – INTELLECTUAL PROPERTY & PLATFORM RULES
14. INTELLECTUAL PROPERTY RIGHTS OF CASHORTRADE; FEEDBACK. The Site, including its software, source and object code, functionality, organization, layout, design, user interfaces, visual appearance, text, graphics, logos, icons, images, audio, video, downloads, databases, compilations, and all other content and materials made available by CashorTrade (collectively, the “CashorTrade Content”), together with all enhancements, modifications, updates, derivative works, and all associated intellectual property rights (collectively, the “CashorTrade IP”), are owned by or licensed to CashorTrade and are protected by United States and international intellectual property laws.
Except for the limited right to access and use the Site in accordance with these Terms, no right, title, or interest in any CashorTrade IP is transferred or licensed to you. All rights not expressly granted under these Terms are reserved by CashorTrade and its licensors.
You may use the CashorTrade Content solely for your personal, lawful use of the Site as contemplated by these Terms. Except as expressly permitted by these Terms or by applicable law, you may not reproduce, distribute, modify, publicly display, publicly perform, publish, create derivative works from, reverse engineer, decompile, disassemble, sell, license, or otherwise exploit any CashorTrade IP without CashorTrade’s prior written consent. You may not remove, alter, or obscure any copyright, trademark, service mark, patent, or other proprietary rights notices appearing on the Site or within any CashorTrade Content. Nothing contained in these Terms or on the Site grants any license or other right, whether by implication, estoppel, or otherwise, to use any CashorTrade trademark, service mark, trade name, logo, domain name, or other branding without CashorTrade’s prior written consent.
If you voluntarily submit any ideas, suggestions, proposals, concepts, comments, improvements, feature requests, or other feedback relating to the Site or CashorTrade’s business (“Feedback”), you acknowledge that such Feedback is provided voluntarily and without expectation of compensation. CashorTrade shall have no obligation to keep any Feedback confidential and may use, disclose, reproduce, modify, adapt, create derivative works from, commercialize, license, sublicense, distribute, publish, or otherwise exploit the Feedback for any lawful purpose without restriction or compensation to you. To the extent necessary to permit such use, you grant CashorTrade a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use and exploit the Feedback in any manner. To the maximum extent permitted by applicable law, you waive any moral rights or similar rights you may have in the Feedback.
15. ADDITIONAL MISUSE OF THE SITE. In addition to the prohibited conduct described elsewhere in these Terms, you agree that you will not:
use personal information obtained through the Site for any purpose other than completing the applicable transaction or as otherwise expressly authorized by the affected User;
violate applicable venue rules, event policies, or the terms of any Primary Ticketing Platform or other third-party service used in connection with the Site;
knowingly submit false, defamatory, libelous, or fraudulent reports, complaints, notices, or other communications through the Site;
knowingly assist or encourage another person to violate these Terms; or
attempt to circumvent any security feature, access restriction, fraud prevention measure, or technical safeguard implemented by CashorTrade.
CashorTrade may investigate suspected violations of this Section and may take any actions expressly authorized under these Terms where CashorTrade reasonably determines such action is appropriate to protect the Site, its Users, or the integrity of the marketplace.
16. INTELLECTUAL PROPERTY RIGHTS OF OTHERS; DMCA PROCEDURES. CashorTrade respects the intellectual property rights of others and expects Users to do the same. If you believe that material available through the Site infringes your copyright, you may submit a written notification to CashorTrade’s designated Copyright Agent in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). A valid DMCA notice must include:
a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
identification of the copyrighted work claimed to have been infringed (or, if multiple works are covered by one notice, a representative list);
identification of the allegedly infringing material and information reasonably sufficient to permit CashorTrade to locate it;
your name, mailing address, telephone number, and email address;
a statement that you have a good-faith belief that the challenged use is not authorized by the copyright owner, its agent, or the law; and
a statement, made under penalty of perjury, that the information contained in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
DMCA notices should be directed to CashorTrade’s designated Copyright Agent: CashorTrade, Inc., 28 Howard St. STE 212 Burlington, VT 05401, (802)287-0679, support@cashortrade.org. Please include “DMCA Notice” in the subject line of any electronic submission.
CashorTrade may remove or disable access to material alleged to infringe intellectual property rights and may notify the User responsible for posting the material.
If you believe material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notification containing: (i) your physical or electronic signature; (ii) identification of the removed material and its prior location on the Site; (iii) a statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification; (iv) your name, mailing address, telephone number, and email address; and (v) a statement consenting to the jurisdiction of the appropriate federal court as required by 17 U.S.C. § 512(g), together with a statement that you will accept service of process from the person who submitted the original DMCA notice or that person’s authorized agent.
Upon receipt of a facially valid counter-notification, CashorTrade may restore the removed material in accordance with the DMCA unless the original complaining party timely notifies CashorTrade that it has filed an action seeking a court order restraining the allegedly infringing activity.
CashorTrade reserves the right to remove allegedly infringing material, terminate or restrict the Accounts of repeat infringers, and otherwise comply with applicable intellectual property laws.
IMPORTANT: Under federal law, any person who knowingly materially misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, may be subject to liability for damages, costs, attorneys’ fees, and other remedies under 17 U.S.C. § 512(f).
This Section is intended solely to implement CashorTrade’s procedures under the DMCA and does not constitute legal advice or limit any other rights or remedies available under applicable law.
17. MOBILE DEVICE-SPECIFIC TERMS. If you access or use the Site through a mobile application (“App”), these Terms constitute an agreement solely between you and CashorTrade. Apple Inc. (“Apple”) and Google LLC (“Google”) are not parties to these Terms and are not responsible for the App or its content. Subject to your compliance with these Terms, CashorTrade grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App solely on a device that you own or control and solely as permitted by the applicable Apple App Store Terms of Service or Google Play Terms of Service.
Apple and Google have no obligation to provide maintenance, support, updates, or other services for the App. To the maximum extent permitted by applicable law, Apple and Google are not responsible for investigating, defending, settling, or satisfying any third-party claim relating to the App, including claims relating to intellectual property infringement, product liability, regulatory compliance, consumer protection, or similar matters.
If the App fails to conform to any applicable warranty expressly provided by CashorTrade, you may notify Apple or Google, as applicable, and the applicable platform provider may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligations with respect to the App. Apple, Google, and their respective affiliates are intended third-party beneficiaries of this Section and may enforce this Section against you to the extent permitted by applicable law.
18. TERMINATION OF ACCOUNT AND SITE ACCESS. CashorTrade may suspend or terminate your Account, suspend transactions, cancel listings, withhold or delay payouts, restrict Account functionality, remove User Content, or otherwise limit your access to the Site where CashorTrade reasonably determines such action is necessary to protect the Site, its Users, CashorTrade, or the integrity of the marketplace. Without limiting the foregoing, grounds for suspension or termination may include:
violation of these Terms or any applicable Additional Policies;
fraud, suspected fraud, deceptive conduct, or other unlawful activity;
excessive chargebacks or payment disputes;
repeated Dropped Sales or other failures to fulfill transaction obligations;
listing or selling Tickets above permitted Face Value, unfair trading practices, or Merchandise sales that violate these Terms;
use of the Site as a ticket broker or for commercial broker-like activity inconsistent with CashorTrade’s marketplace policies;
abusive, threatening, harassing, discriminatory, or otherwise inappropriate communications or conduct toward CashorTrade personnel or other Users;
repeated attempts to circumvent Platform Fees, Traders Protection, or other marketplace requirements;
providing false or misleading information;
failure to complete required Account verification;
conduct that creates material security, legal, operational, reputational, or marketplace integrity risks; or
any other conduct that CashorTrade reasonably determines is inconsistent with the letter or spirit of these Terms.
Users whose Accounts have been suspended or terminated may not access or use the Site without CashorTrade’s prior written authorization. CashorTrade may report suspected fraudulent, criminal, or other unlawful activity to law enforcement authorities or other appropriate governmental agencies and may cooperate with any resulting investigation. Termination or suspension of an Account does not affect any rights or obligations that accrued prior to termination, including payment obligations, indemnification obligations, collection rights, dispute resolution provisions, or any other provisions that by their nature survive termination.
19. COMMUNICATIONS. The Site may enable you to communicate with other Users through messaging tools, email, SMS, telephone, or other communication channels. You agree that all communications relating to the Site or transactions conducted through the Site will comply with these Terms and all applicable laws, including laws governing consumer protection, privacy, telemarketing, spam, and electronic communications.
To the extent communications occur through the Site or are facilitated by CashorTrade, CashorTrade may, but has no obligation to, monitor, review, preserve, or disclose such communications where CashorTrade reasonably determines doing so is necessary to: administer the Site; facilitate transactions; investigate fraud or abuse; enforce these Terms; respond to legal process; comply with applicable law; or protect CashorTrade, its Users, or third parties. CashorTrade may refuse to transmit, remove, or restrict communications that violate these Terms or applicable law.
ARTICLE IV – DISCLAIMERS & RISK ALLOCATION
20. USER INTERACTIONS; DISCLAIMER; RELEASE. Your communications, transactions, and interactions with other Users, including the purchase, sale, trade, shipment, delivery, or transfer of Tickets or Merchandise, are solely between you and the applicable User. Except as expressly provided under the Traders Protection Guarantee, CashorTrade is not a party to those transactions and assumes no responsibility or liability arising from them.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE CASHORTRADE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES ARISING OUT OF OR RELATING TO: (i) YOUR INTERACTIONS OR TRANSACTIONS WITH OTHER USERS; (ii) THE EXISTENCE, AUTHENTICITY, QUALITY, CONDITION, SAFETY, LEGALITY, OR TRANSFERABILITY OF ANY TICKET OR MERCHANDISE; (iii) ANY USER CONTENT OR LISTING; (iv) ANY ACTION OR OMISSION OF ANOTHER USER; OR (v) ANY DISPUTE BETWEEN USERS.
Nothing in this Section limits any rights expressly provided under the Traders Protection Guarantee.
CashorTrade may, but has no obligation to, investigate or assist in resolving disputes between Users where CashorTrade reasonably determines that doing so is appropriate to protect the Site or the integrity of the marketplace.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR THE TRADERS PROTECTION GUARANTEE, THE SITE, THE CASHORTRADE CONTENT, ALL USER CONTENT, ALL TICKETS, ALL MERCHANDISE, AND ALL SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASHORTRADE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, CASHORTRADE DOES NOT WARRANT THAT BUYERS OR SELLERS WILL COMPLETE TRANSACTIONS, THAT TICKETS OR MERCHANDISE WILL CONFORM TO ANY PARTICULAR EXPECTATIONS, OR THAT THE SITE WILL BE CONTINUOUSLY AVAILABLE, SECURE, OR ERROR-FREE.
21. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASHORTRADE, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, PAYMENT PROCESSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER SIMILAR DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, THIS LIMITATION APPLIES TO CLAIMS ARISING OUT OF OR RELATING TO: (i) YOUR ACCESS TO OR USE OF THE SITE; (ii) THE AVAILABILITY, SECURITY, PERFORMANCE, OR OPERATION OF THE SITE; (iii) ANY USER CONTENT, LISTING, TICKET, OR MERCHANDISE; (iv) YOUR INTERACTIONS OR TRANSACTIONS WITH OTHER USERS OR THIRD PARTIES; (v) ANY ACT OR OMISSION OF A PRIMARY TICKETING PLATFORM, PAYMENT PROCESSOR, CARRIER, VENUE, EVENT ORGANIZER, OR OTHER THIRD PARTY; OR (vi) ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN THOSE JURISDICTIONS, THE FOREGOING LIMITATIONS SHALL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASHORTRADE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF: (i) ANY AMOUNTS EXPRESSLY PAYABLE TO YOU UNDER THE APPLICABLE TRADERS PROTECTION GUARANTEE; (ii) THE TOTAL PLATFORM FEES PAID BY YOU TO CASHORTRADE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (iii) TWO HUNDRED U.S. DOLLARS (US $200).
THE LIMITATIONS SET FORTH IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
22. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION. This Section governs the resolution of all disputes between you and CashorTrade. For purposes of this Section:
“CashorTrade” means Cash or Trade, Inc., together with its parents, subsidiaries, affiliates, predecessors, successors, assigns, officers, directors, employees, agents, contractors, licensors, and service providers, where applicable.
“Dispute” means any claim, controversy, dispute, or cause of action arising out of or relating to the Site, these Terms, the Traders Protection Guarantee, your Account, your use of the Site, any transaction conducted through the Site, or the relationship between you and CashorTrade, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
These Terms, and any Dispute not governed by the Federal Arbitration Act, shall be governed by the laws of the State of Vermont, without regard to its conflict-of-law principles. Except to the extent a Dispute is subject to binding arbitration under this Section, you agree that exclusive jurisdiction and venue for any court proceeding shall lie in the state or federal courts located in Chittenden County, Vermont, and you irrevocably consent to the personal jurisdiction of those courts. To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Site must be commenced within one (1) year after the claim accrues. Claims not commenced within that period are permanently barred.
A. Informal Resolution of Disputes. Before initiating arbitration or litigation, both you and CashorTrade agree to make a good-faith effort to resolve any Dispute informally. The party initiating the Dispute must first deliver a written Notice of Dispute to the other party. If you are initiating the Dispute, you must send the Notice of Dispute to support@cashortrade.org from the email address associated with your Account, if reasonably possible. The Notice must include your name; the email address associated with your Account; a reasonably detailed description of the Dispute; the factual basis for your claim; and the specific relief requested.
If CashorTrade initiates the Dispute, CashorTrade will send its Notice of Dispute to the email address associated with your Account or any other reasonably available contact information. Within a reasonable time after receipt of the Notice of Dispute, the parties agree to participate in an individualized telephone or video conference in a good-faith effort to resolve the Dispute. If either party is represented by counsel, counsel may participate, but the parties themselves must also participate unless otherwise agreed in writing. If the Dispute is not resolved within sixty (60) days after receipt of the Notice of Dispute, either party may proceed under the remaining provisions of this Section. Failure to participate in the informal dispute resolution process in good faith may be considered by the arbitrator in allocating arbitration costs or sanctions to the extent permitted by applicable law and the applicable arbitration rules.
B. Agreement to Arbitrate. Except as expressly provided below, you and CashorTrade agree that any Dispute shall be resolved exclusively through final and binding arbitration on an individual basis. This Arbitration Agreement is governed exclusively by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, and evidences a transaction involving interstate commerce.
The arbitrator - not any federal, state, or local court - shall have exclusive authority to determine issues relating to: (i) arbitrability; (ii) interpretation of this Arbitration Agreement; (iii) enforceability of this Arbitration Agreement; (iv) formation of these Terms; (v) scope of the Arbitration Agreement; (vi) whether any claim is subject to arbitration; and (vii) disputes regarding arbitration fees, timing of fee payments, or alleged default under the arbitration rules, except where applicable law expressly provides otherwise. BY AGREEING TO THESE TERMS, YOU AND CASHORTRADE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION.
C. Exceptions to Arbitration. Nothing in this Arbitration Agreement prevents either party from: (i) bringing an individual action in small claims court for matters within that court’s jurisdiction; (ii) seeking temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights, confidential information, or trade secrets; (iii) seeking relief for defamation or similar reputational claims in a court of competent jurisdiction; or (iv) seeking a judicial determination regarding whether a claim is time-barred or otherwise outside the jurisdiction of the arbitrator. Seeking relief under this subsection does not waive either party’s right to arbitrate any remaining claims.
D. Class Action and Representative Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY. YOU MAY NOT PARTICIPATE AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION OR PROCEEDING.
Unless CashorTrade expressly agrees in writing, claims may not be consolidated with the claims of any other person. If this Class Action Waiver is determined to be invalid or unenforceable with respect to a particular Dispute, then the Arbitration Agreement shall be unenforceable only as to that Dispute, and the remaining provisions of these Terms shall remain in effect.
E. Arbitration Rules and Administration. Any arbitration shall be administered by National Arbitration and Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, the Fees for Disputes When One of the Parties is a Consumer, and, where applicable, the Mass Filing Supplemental Dispute Resolution Rules and Procedures, each as in effect when the arbitration is commenced, except as modified by this Section. The applicable NAM rules are available at www.namadr.com.
If NAM is unavailable or unwilling to administer the arbitration, the parties shall mutually agree upon a substitute arbitration provider. If the parties cannot agree, a court of competent jurisdiction may appoint a substitute arbitration provider consistent with the Federal Arbitration Act.
F. Arbitration Procedure. Unless otherwise required by applicable law or the applicable arbitration rules: (i) if the amount in controversy does not exceed $25,000 and neither party seeks injunctive or declaratory relief, the arbitration ordinarily shall be conducted based solely upon written submissions unless the arbitrator determines that a hearing is necessary or the parties agree otherwise; (ii) if the amount in controversy exceeds $25,000, or either party seeks equitable relief, either party may request a hearing. Hearings will ordinarily be conducted remotely by video conference or telephone conference unless the arbitrator determines that an in-person hearing is necessary or the parties otherwise agree.
If an in-person hearing is required: (i) for U.S. residents, the location shall be determined by agreement of the parties or, failing agreement, by the arbitrator in accordance with applicable law and NAM rules; and (ii) for non-U.S. residents, the hearing shall be conducted in New York, New York, unless otherwise required by applicable law or agreed by the parties.
The arbitrator may award any relief available under applicable law that is consistent with these Terms, including the limitations contained in Sections 20 and 21. The arbitrator may permit dispositive motions where doing so is likely to efficiently resolve or narrow the issues in dispute. Unless disclosure is necessary to enforce an arbitration award, comply with applicable law, or protect a legal right, arbitration proceedings and awards shall remain confidential to the fullest extent permitted by law.
G. Mass Filings and Batch Arbitration. To promote the efficient resolution of substantially similar arbitration demands, the parties agree that if one hundred (100) or more substantially similar arbitration demands are filed against CashorTrade by or with the assistance of the same law firm or coordinated group of law firms (a “Mass Filing”), those arbitrations shall proceed in sequential batches administered pursuant to NAM’s Mass Filing Supplemental Rules. Unless otherwise required by NAM, each batch will generally consist of approximately one hundred (100) claims, although batch size may be reasonably adjusted to facilitate efficient administration.
The parties agree to cooperate in good faith with NAM and one another in implementing reasonable batching procedures, coordinated scheduling, reduced fee structures where available, and other administrative procedures designed to efficiently resolve Mass Filings. Unless otherwise required by applicable law or NAM’s rules: (i) no more than ten percent (10%) of the anticipated batches shall proceed simultaneously; (ii) arbitration fees shall become due only when a claimant’s batch is designated for filing and processing; and (iii) claims not yet assigned to an active batch shall remain tolled until assigned or otherwise resolved. The parties acknowledge that this batching provision is an essential component of this Arbitration Agreement with respect to Mass Filings.
H. Mediation Following Initial Batch. Following completion of the first adjudicated batch in any Mass Filing, the parties agree to participate in good-faith mediation administered through NAM for a period of up to ninety (90) days in an effort to resolve the remaining claims. If the parties cannot resolve the remaining claims or agree upon an alternative procedure during that mediation period, either CashorTrade or any remaining claimant may elect to proceed in accordance with the remaining batching procedures or, if permitted under applicable law and the applicable arbitration rules, pursue the remaining claims in a court of competent jurisdiction.
I. Arbitrator’s Award; Fees. The arbitrator shall issue a written decision setting forth the essential findings and conclusions supporting the award. Judgment upon the award may be entered in any court having jurisdiction. Except as otherwise required by applicable law, arbitration fees shall be allocated in accordance with NAM’s applicable rules. Each party shall bear its own attorneys’ fees unless applicable law, these Terms, or the arbitrator determines otherwise. If the arbitrator determines that a claim or defense was frivolous, asserted in bad faith, or otherwise sanctionable under the applicable arbitration rules, the arbitrator may award fees or sanctions to the extent permitted by applicable law. A good-faith challenge to arbitration fees or fee allocation shall not constitute a default under this Arbitration Agreement while that challenge remains pending before NAM, the arbitrator, or a court of competent jurisdiction.
J. Right to Opt Out. You may opt out of this Arbitration Agreement by sending written notice to support@cashortrade.org with the subject line “ARBITRATION OPT-OUT.” Your notice must: (i) be sent within thirty (30) days after you first accept these Terms or within thirty (30) days after any material amendment to this Arbitration Agreement, whichever is later; (ii) include your name; (iii) include the email address associated with your Account (if any); and (iv) clearly state that you are opting out of the Arbitration Agreement. If reasonably requested by CashorTrade, you agree to cooperate in verifying your identity and Account ownership.
Opting out of this Arbitration Agreement does not affect any arbitration agreement that previously applied to claims already filed before your opt-out became effective.
K. Amendments to this Section. CashorTrade may modify this Section from time to time by providing at least thirty (30) days’ advance notice of any material changes through the Site, by email, or by another reasonable method. Any material amendments shall apply only to claims not yet filed as of the effective date of the amendment. Your continued use of the Site after the effective date of a material amendment constitutes acceptance of the revised Arbitration Agreement unless you timely exercise your right to opt out as provided above.
23. RESIDUAL GOVERNING LAW AND VENUE. Except as expressly provided in Section 22, including the Arbitration Agreement, class action waiver, jury trial waiver, opt-out provisions, and the exceptions to arbitration, any Dispute that is not required to be resolved through arbitration shall be governed by, and resolved exclusively in accordance with, the governing law, jurisdiction, and venue provisions set forth in Section 22.
24. INDEMNIFICATION. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CashorTrade, its parents, subsidiaries, affiliates, successors, assigns, and each of their respective officers, directors, employees, contractors, agents, licensors, and representatives (collectively, the “CashorTrade Indemnitees”) from and against any and all claims, demands, actions, proceedings, damages, judgments, settlements, liabilities, losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (i) your breach of these Terms; (ii) your violation of applicable law; (iii) your User Content; (iv) your misuse of the Site; (v) your violation of any intellectual property, privacy, publicity, contractual, or other rights of any third party; (vi) your sale, purchase, trade, listing, shipment, or transfer of any Ticket or Merchandise; (vii) your failure to satisfy your obligations to another User; or (viii) any dispute between you and another User.
CashorTrade reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with CashorTrade in the defense of such matter and will not settle any claim subject to indemnification without CashorTrade’s prior written consent if the settlement imposes any obligation or admission upon a CashorTrade Indemnitee.
The indemnification obligations contained in this Section survive the termination of your Account and these Terms.
ARTICLE V – MISCELLANEOUS LEGAL TERMS
25. CHANGES TO THE SITE; SITE AVAILABILITY. CashorTrade may modify, suspend, discontinue, replace, or remove all or any portion of the Site at any time. CashorTrade may perform scheduled or unscheduled maintenance, upgrades, security updates, repairs, or other operational activities that temporarily affect the availability or functionality of the Site. CashorTrade is not obligated to provide advance notice of such maintenance, although it may choose to do so where reasonably practicable. CashorTrade does not guarantee that the Site will be available at all times or operate without interruption, delay, or error.
26. THIRD-PARTY SERVICES AND LINKS. The Site may contain links to or integrations with third-party websites, products, services, payment processors, ticketing platforms, applications, or other resources. These third-party resources are provided solely as a convenience. CashorTrade does not own or control such third parties and does not endorse or assume responsibility for their content, products, services, availability, security, privacy practices, or business practices. Your use of any third-party resource is solely at your own risk and is subject to the applicable third party’s terms of service, privacy policy, and other governing terms. Any complaints, disputes, or claims relating to a third-party website or service should be directed solely to the applicable third party.
27. UNSOLICITED INFORMATION. CashorTrade does not request or wish to receive confidential or proprietary ideas, suggestions, inventions, business plans, marketing proposals, or other unsolicited materials (“Unsolicited Information”). If you nevertheless submit Unsolicited Information to CashorTrade, you represent that you have the right to do so and acknowledge that such information is submitted voluntarily and without any expectation of compensation or confidentiality. CashorTrade may use, reproduce, modify, distribute, publish, display, perform, commercialize, create derivative works from, or otherwise exploit any Unsolicited Information for any lawful purpose without restriction or compensation to you. Nothing in this Section limits CashorTrade’s obligations regarding your personal information as described in the Privacy Policy.
28. NOTICES. Except where these Terms or applicable law provide otherwise, notices to CashorTrade must be sent by nationally recognized overnight courier or certified U.S. mail to: Cash or Trade, Inc., Attn: Legal, 28 Howard Street, Suite 212, Burlington, Vermont 05401. CashorTrade may update its notice address by posting the updated information on the Site. CashorTrade may provide notices to you by email, through your Account, through the Site, or by any other method permitted by applicable law, using the most current contact information associated with your Account.
Unless otherwise required by applicable law: (i) email notices are deemed received twenty-four (24) hours after transmission unless the sender receives notice that delivery failed; and (ii) notices sent by certified mail or nationally recognized overnight courier are deemed received three (3) business days after mailing.
29. ASSIGNMENT. You may not assign, delegate, sublicense, or otherwise transfer any of your rights or obligations under these Terms without CashorTrade’s prior written consent. Any attempted assignment in violation of this Section is void. CashorTrade may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, financing transaction, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
30. MISCELLANEOUS. The Site is controlled and operated from the United States and is intended primarily for Users located in the United States. Persons who choose to access the Site from outside the United States do so voluntarily and are solely responsible for complying with all applicable local laws. You may not use, export, or re-export the Site or any related software or technology except as permitted by United States export control laws and other applicable laws.
Section headings are provided solely for convenience and do not affect the interpretation of these Terms. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect. CashorTrade’s performance under these Terms is subject to applicable law, legal process, governmental requests, and law enforcement requirements. Nothing contained in these Terms creates any agency, partnership, joint venture, employment, franchise, fiduciary, or similar relationship between you and CashorTrade. Except as expressly provided in these Terms, these Terms do not create rights in or for any third party. No waiver by CashorTrade of any breach or default shall constitute a waiver of any subsequent breach or default.
These Terms, together with the Privacy Policy, the Traders Protection Guarantee, and any other documents expressly incorporated by reference, constitute the entire agreement between you and CashorTrade regarding the Site and supersede all prior or contemporaneous understandings, communications, and agreements relating to the Site. No amendment or modification of these Terms shall be effective except as expressly provided in these Terms.
31. REGION-SPECIFIC PROVISIONS.
A. California Residents. Pursuant to California Civil Code Section 1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs: 400 R Street, Sacramento, California 95814, Telephone: (800) 952-5210.
B. Illinois Ticket Transactions. To the extent required by applicable Illinois law, including 815 ILCS 414, Users involved in Ticket transactions relating to events occurring in Illinois may submit qualifying disputes against another User to the American Arbitration Association (“AAA”) where required by applicable law.
Nothing in this Section is intended to limit or waive any mandatory consumer rights that cannot be waived under applicable law.